MEDICAL NEGLIGENCE

NHS compensation claims: How to claim for medical negligence

Author Alison Flaherty Director of Clinical Negligence

Last Updated 9th July 2026

If you or a loved one has suffered harm due to mistakes in NHS care, you may be entitled to make an NHS compensation claim. Experiencing medical negligence can be distressing, especially when it impacts your health, finances, and daily life.

Our specialist solicitors are here to support you. We offer expert guidance on a no win no fee basis, helping you understand your rights and take the next steps with confidence.

In this guide, you’ll learn:

Whether you can make an NHS compensation claim
How to claim compensation from the NHS
How much compensation you could receive
What evidence you need

If you would like to discuss your situation, speak to an NHS negligence solicitor today.

Can I make an NHS compensation claim?

You may be able to make a compensation claim against the NHS if:

A healthcare professional owed you a duty of care
That duty of care was breached
The breach caused you harm or injury

Every case is different, but if your care fell below acceptable standards and caused harm, you may have grounds to claim.

How to claim compensation from the NHS

Making an NHS compensation claim may feel overwhelming, but the process is usually straightforward with the right support.

Here is how it typically works:

Speak to a solicitor
You discuss your experience and receive initial advice on whether you may have a claim.
Case review
A specialist reviews your case in more detail to assess its merits.
Evidence gathering
Medical records and supporting evidence are obtained.
Medical assessment
Independent experts assess whether your care fell below acceptable standards.
Negotiation
Your solicitor negotiates with the NHS or their representatives.
Settlement
Compensation is agreed or, if necessary, the case proceeds to court. If a child is under 18, any settlement must usually be approved by the court and held until they reach adulthood.

If you are unsure where to start, our team can guide you through each step.

How to prove NHS negligence

To succeed in an NHS negligence compensation claim, it must be shown that:

A duty of care existed between you and the healthcare provider
That duty was breached
The breach directly caused your injury or condition

Evidence is key in proving this. Common types include:

Medical records detailing your treatment
Independent expert reports
Witness statements where relevant

Strong evidence helps demonstrate what went wrong and how it affected you.

What is NHS medical negligence?

NHS medical negligence occurs when healthcare professionals fail to meet the expected standard of care, resulting in harm or injury.

This may involve errors in diagnosis, treatment, or communication. The impact can be significant, affecting a person’s health, recovery, and overall quality of life.

What types of claims can I make?

NHS medical negligence claims can arise from a wide range of situations.

Some common NHS negligence claims our solicitors sees arise include:

Misdiagnosis claims

Misdiagnosis occurs when a condition is incorrectly diagnosed or missed entirely, leading to delayed or incorrect treatment. We have helped secure £100,000 for a client who lost his ear due to a skin cancer misdiagnosis.

Surgical error claims

Surgical errors include mistakes made during procedures, such as operating on the wrong area or causing avoidable injury. Our team has secured settlements of up to £7 million for life changing injuries caused by surgical negligence.

Birth injury claims

Birth injury negligence involves harm to a baby or mother during pregnancy or childbirth due to substandard care, such as failing to respond to complications.

Amputation claims

Amputation negligence occurs where a limb is removed unnecessarily or due to delayed or incorrect treatment. We have secured £10.5 million for a client following an unnecessary amputation linked to delayed diagnosis.

Note this is not an exhaustive list of NHS negligence claims and if you believe you may have been effected by medical negligence, our experts are here to help.

How much compensation can you claim from the NHS?

The amount of compensation awarded in an NHS compensation claim depends on several factors, including:

The severity of your injury
The long term impact on your life
Any financial losses you have experienced

Compensation is designed to cover:

Pain and suffering
Loss of earnings
Medical treatment and rehabilitation
Ongoing care needs

Each claim is unique, so the amount will vary depending on your individual circumstances.

Is there a time limit to making an NHS compensation claim?

There are strict time limits for bringing a claim.

Adults usually have three years from the date of the incident or from when they became aware of the negligence
Children have three years from their 18th birthday

Acting early can help ensure important evidence is preserved and your claim is not time barred.