Can you sue the NHS?

You may also be able to sue the NHS for negligence in situations involving:

• Misdiagnosis
• Delays in treatment
• Surgical mistakes
• Medication errors
• Birth injuries
• Failures in follow-up care

Yes, potentially. You may be able to claim against the NHS where negligent treatment caused you avoidable harm. A successful claim will generally depend on proving breach of duty and causation.

Therefore, it is possible to be unhappy with your care, or even experience a medical complication, without having grounds for an NHS negligence claim.

If you believe NHS negligence has occurred, you have the right to:

• Access your full NHS medical records
• Make a formal complaint to the relevant NHS Trust or GP practice
• Receive a written explanation and investigation outcome
• Seek independent legal advice about an NHS negligence claim

At Fletchers Solicitors, we can help you understand the difference between making a complaint and bringing a legal claim, and which route may be appropriate in your circumstances.

NHS medical negligence happens when treatment provided by NHS staff falls below the standard expected of a reasonably competent healthcare professional, and that failure causes avoidable harm.

To succeed in an NHS negligence claim, two key elements must be proven:

• Breach of duty: The treatment or care provided did not meet acceptable medical standards
• Causation: The breach directly caused or materially contributed to your injury, illness, or worsening condition.

If you’re unsure whether your experience amounts to NHS negligence, specialist NHS negligence solicitors can review your case and explain whether you may be able to sue the NHS for negligence.

The duty of candour requires relevant NHS organisations to be open and honest with patients when certain patient-safety incidents occur. 

Depending on the circumstances, this can involve:

• Telling you that something has gone wrong
• Providing an explanation
• Offering an apology
• Giving information about any investigation

This duty often forms part of NHS complaint investigations and can be an important early step before making an NHS negligence claim.

A long waiting time by itself doesn’t automatically amount to negligence. The key question is whether the delay in investigation, diagnosis, referral, or treatment fell below an appropriate standard of care and whether this caused avoidable harm.

For example, a claim may be possible where an unreasonable delay allowed a condition to progress and led to a worse outcome than would probably have occurred if appropriate treatment had been provided sooner.

The same principles apply when considering whether you can sue the NHS for delay in treatment. There usually needs to be evidence both that the delay was negligent and that it made a difference to the outcome.

Before pursuing a compensation claim, or alongside one, many patients choose to make a formal NHS complaint. The complaints process can help you:

• Explain your concerns
• Ask questions about your treatment
• Receive an investigation and written response
• Seek an explanation or apology
• Understand whether lessons or changes have resulted from what happened

You have the right to complain verbally or in writing. An NHS complaint is separate from an NHS compensation claim and does not formally result in compensation by itself. 

If you believe negligence caused your injury, you do not necessarily need to wait for the complaints process to finish before seeking independent legal advice.

We recommend reviewing resources from independent charities such as Action Against Medical Accidents (AvMA) for detailed complaint guidance.

To prove an NHS negligence claim, your solicitor must show that:

1. Your care fell below the accepted medical standards.
2. This failure directly caused or materially contributed to your injury, or worsened your condition.

Strong evidence is essential, particularly independent expert medical opinions. 

Evidence gathered may include:

• Medical records: A full treatment history highlighting errors.
• Witness statements: From family, friends, or staff present where relevant.
• Independent medical experts: Unbiased opinions linking your harm to negligence.
• Financial records: Showing losses and expenses arising from negligence.

The time frame for suing the NHS depends on the complexity of your case. How long a claim can take can depend on:

• The complexity of the medical issues 
• How much expert evidence is required
• Whether the NHS admits liability
• Whether the long-term effects of the injury are known
• Whether compensation can be agreed
• Whether court proceedings become necessary

Typical stages of a claim include:

• Initial enquiry and case evaluation.
• Requesting medical records and expert assessments.
• Negotiation or, if needed, court proceedings.

While some cases settle quickly, complex cases can take much longer. It’s important that a case is not concluded before the long-term impact of the injury can be assessed properly. Our specialist NHS solicitors aim to settle claims as quickly as possible so you can focus on recovery.

Time limits are an important part of NHS negligence claims, but they are often more flexible than people realise. 

Many patients delay taking action because they are focused on treatment, recovery, or simply trying to understand what went wrong. The law recognises this and, in certain circumstances, allows extended time to bring a claim.

In most cases, the standard time limit is three years, but when that period starts can vary depending on the situation.

• Standard rule: You must start your claim within three years of the incident or when you became aware of the harm.
• Children: The time limit begins on their 18th birthday.
• Mental incapacity: Different rules can apply where a person lacks the mental capacity to conduct legal proceedings.

Even when exceptions apply, it’s always best to seek advice as soon as possible. Medical records, witness recollections, and expert evidence are easier to obtain while events are still relatively recent. Delays can make investigations more difficult and may affect the strength of your claim.

If an NHS negligence claim succeeds, compensation is intended to reflect both the injury itself and the financial consequences of the negligence. 

There is no standard NHS compensation payout. The amount awarded depends on the severity of the harm and the effect it has had, or is expected to have, on the individual’s life. 

Compensation in an NHS negligence claim may include:

• General damages: Pain, suffering, and loss of amenity.
• Special damages: Financial losses, such as care costs, medical expenses, and lost earnings.

Amounts vary based on the severity of injury, the impact on your daily life, and financial losses. Settlements can also range from thousands to multi-million-pound awards for severe cases.

How much compensation for NHS negligence?

There is no single answer to how much compensation for NHS negligence someone may receive. 

Two people who experience similar medical errors can have very different NHS compensation payouts if their injuries, recovery, loss of earnings, and future needs differ.

The value of a claim usually becomes clear once medical evidence has established the nature of the injury, prognosis, and likely future consequences.

NHS misdiagnosis compensation

An NHS misdiagnosis claim may be possible where a medical condition was missed or incorrectly diagnosed, and the error caused avoidable harm.

Examples can include:

• Cancer being diagnosed later than it reasonably should have been
• A serious infection being incorrectly diagnosed
• An injury being missed on examination or imaging
• Test results not being appropriately followed up

An incorrect diagnosis does not automatically lead to NHS misdiagnosis compensation. There generally needs to be evidence that the diagnostic care fell below an appropriate standard and that the mistake or delay caused a worse outcome.

Some people feel uncomfortable about suing the NHS, particularly where they also value the care they have received from NHS staff. Making a negligence claim is not the same as saying that every aspect of your NHS care was poor or blaming every healthcare professional involved.

Compensation is intended to address the injury and financial losses caused by negligent treatment, including future care needs, rehabilitation, or loss of earnings.

NHS Resolution also uses information from claims as part of its work on learning and improving patient safety. Its current strategy places particular emphasis on early resolution and learning from claims.

Every NHS negligence claim is unique, shaped by different medical errors, outcomes, and personal circumstances. The examples below show how patients and families have successfully pursued compensation after experiencing avoidable harm caused by substandard NHS care.

• £50,000 settlement for delayed treatment resulting in vision loss.
• £50,000 awarded after a surgical mistake.
• £13.2 million secured for a client following a decade-long battle.

These cases reflect our commitment to securing justice for patients and families.

At Fletchers, we guide you through every step of the NHS negligence claims process with empathy, compassion, and expertise. We’ve secured life-changing settlements for many of our clients suing the NHS, and hold the NHS accountable for patient safety.

Contact us today for a free, no-obligation consultation.