Learn How To Sue The NHS For Medical Negligence

Last Updated: 15 August 2025. Have you suffered due to the negligent actions of a healthcare provider? The resulting harm illness may have life-altering consequences. If this is the case, you may be wondering how to sue the NHS. 

Key Takeaways When Suing The NHS 

  • You may be able to make a claim against the NHS if you’ve suffered otherwise avoidable harm due to negligent medical care.
  • All healthcare professionals must follow certain standards while administering treatment.
  • Your clinical negligence claim must usually be started within 3 years of the substandard medical care (but exceptions can apply). 
  • In cases of fatal medical negligence, you may be able to claim for how you were affected by a loved one’s death.
  • Our solicitors offer their No Win No Fee services to clients across the country.

Need advice on medical negligence claims? Speak to us now:

A stethoscope lies around blocks with the letters 'NHS' written on them

Jump To A Section

  1. What Is Medical Negligence?
  2. Do I Have Grounds To Claim Against The NHS
  3. How To Sue The NHS
  4. How Much Compensation Could I Get?
  5. Time Limits When Suing The NHS
  6. Can Accident Claims Help Me?
  7. Frequently Asked Questions (FAQs) About Suing The NHS
  8. Learn More

What Is Medical Negligence?

Before learning how to sue the NHS, it is important to understand what medical negligence is.

The term ‘medical negligence’ refers to when a medical professional or healthcare institution deviates from professional standards, causing suffering that would have otherwise been avoidable. When a medical professional agrees to provide you with treatment, they automatically owe you a duty of care. This means that they must provide care and treatment that meets the expected standard. 

For more information on what is classed as clinical negligence, reach out to our friendly team of advisors.

Types Of Medical Negligence

Here are the most common types of medical negligence, which may form the basis of NHS compensation claims:

  • Surgical Negligence: While surgeries always have inherent risks, some errors are avoidable. These include foreign objects being left inside a patient’s body, conducting an unnecessary operation or improper stitching.
  • Misdiagnosis: This happens when a medical professional diagnoses you with a different condition. However, this is not always an example of medical negligence. To make a claim for a misdiagnosis, it must be proven that this happened because the practitioner acted negligently. For example, the doctor failed to recognise clear symptoms of a stroke and misdiagnosed you as having a migraine. 
  • Prescription Errors: This could include prescribing incorrect medication, giving an incorrect dosage, or administering medicines to which the patients are allergic despite knowledge of this allergy. 
  • Birth Injuries: These could impact the mother or child (or both) during or after the pregnancy. For example, not monitoring the baby’s heart rate resulted in a delay in ordering a Cesarean section, which caused the baby to suffer a brain injury. 

Whether you’ve experienced something similar or want to make a claim for another kind of negligent medical care, such as cosmetic surgery, please contact our advisors now.

Do I Have Grounds To Claim Against The NHS

To have a valid medical negligence claim, you must prove the following:

  • You were receiving treatment from a medical professional. In other words, they had a duty of care towards you. 
  • There was a breach of this duty.
  • You suffered an avoidable illness or injury due to this breach.

If your doctor fails to follow the above and provides substandard care and treatment, you may have a medical negligence claim against them.

Fatal Medical Negligence Claims

There could be a fatal medical negligence claim if a breach of duty of care results in a patient’s death. Under the Fatal Accidents Act 1976 (FAA), qualifying dependants can claim for how the death has impacted them.

For more information on how to sue for wrongful death, speak to our advisors.

How To Sue The NHS

In order to claim for medical negligence, you will need to submit evidence that proves liability for your unnecessary suffering. Some examples include:

  • A copy of your medical records.
  • Any copies of scans, test results or X-rays you may have.
  • Copies of prescriptions.
  • If a friend or family member joined you at appointments, take down their contact information so they can be reached for a statement later on.
  • Details of the appointments, such as an appointment card.
  • Correspondence between yourself and the doctor or institution that provided your care.

How Much Compensation Could I Get?

After learning how to sue the NHS, you may wonder how much compensation you could get. If your claim against the NHS is successful, your medical negligence compensation may comprise 2 heads:

  • General Damages: This head includes compensation for your physical and psychological injuries caused by the medical negligence. 
  • Special Damages: This head includes compensation for the financial losses incurred due to your injuries.

Your medical negligence solicitor or the person valuing your compensation will refer to the Judicial College guidelines (JCG) for your general damages. The JCG lists out various forms of harm and their suggested compensation ranges. 

We’ve summarised some of the brackets in the table below, barring the top row. You must note that the table only provides guidelines on compensation.

HarmCompensation GuidelinesNotes
Multiple Forms of Very Severe Harm and Special DamagesUp to £1,000,000+Settlements compensate for multiple types of very severe harm and related costs, such as nursing care and lost earnings.
Paralysis - Tetraplegia£396,140 to £493,000In this bracket's mid-range, a typical case will not feature physical pain and a claimant will have complete awareness of their disability. They will also have a life expectancy of at least 25 years, amongst other characteristics.
Paralysis- Paraplegia£267,340 to £346,890The award considers level of independence, depression, age, and life expectancy, effect on sexual function, and whether the claimant is in pain and to what extent.
Brain Damage - Very Severe£344,150 to £493,000At top of bracket, the claimant shows little to no substantive environmental responses or language function. They require nursing on a full-time basis.
Brain Damage - Moderately Severe£267,340 to £344,150Claimant will be very seriously disabled and be substantially dependent on others, including constant care from professionals.
Post-Traumatic Stress Disorder - Severe (a)£73,050 to £122,850The effects impact all aspects of the claimant's life badly and are permanent.
Post-Traumatic Stress Disorder - Moderately Severe (b)£28,250 to £73,050The claimant will suffer a significant disability for the foreseeable future, however, some recovery will be possible with professional help. This will make the prognosis better than the above bracket, but there will likely be significant foreseeable disability.
Male Reproductive System - (c)£52,490 to £108,310Impotence or significant sexual dysfunction in a person who already has children, or would not have had them. This is likely permanent.
Female Reproductive System - (c)£68,440 to £87,070Infertility in a young person without children. There are no aggravating features or sexual dysfunction.
Spleen Injury - (a)£25,380 to £32,090The loss of the spleen, involving an ongoing risk of disorders and internal infection.

Can I Claim Special Damages?

Very often, those who suffer due to medical negligence will also face financial losses. Special damages is the second head of compensation that can be claimed if you successfully claim general damages. This head of claim is extremely important as it reimburses out-of-pocket expenses and provides financial support for the future. Here are some of the special damages which you could claim:

  • Medical expenses
  • Changes made to your car or home due to a resulting disability
  • Professional care or time devoted by a family member
  • Loss of earnings and benefits
  • Disability equipment and support
  • Travel costs

For more clarity on calculating your clinical negligence compensation, reach out to us now.

Currency notes and gavel representing the compensation you could get after learning how to sue the NHS.

Time Limits When Suing The NHS

After learning how to sue the NHS and the possible compensation payouts, let us discuss the time limit.

The Limitation Act 1980 provides 3 years to start a medical negligence claim. This time limit is calculated from the date of occurrence or knowledge (the date you realised, or should have done so, that medical negligence occurred). However, there are some exceptions to this time limit:

  • There will be no time limit for those who suffered from medical negligence as a minor. Once the harmed party turns 18 and can make a claim, the time limit of 3 years will apply.
  • If an individual doesn’t possess the mental capacity to claim, the time limit is suspended indefinitely. However, if the person regains their mental capacity, they’ll have three years to make their claim from that date.

Suing On Behalf Of Someone Else

In both the above cases, the individual’s loved ones can claim on their behalf by applying to become litigation friends. The court will make the appointment by determining the suitability according to the following criteria:

  • Absence of conflict of interest
  • Ability to make decisions fairly and competently

Contact our advisory team now to make a medical negligence compensation claim on behalf of your child.

Can Accident Claims Help Me?

Our medical negligence solicitors have years of experience dealing with negligence claims. They’ll work hard to secure compensation for you.

Our clinical negligence solicitors offer No Win No Fee agreements. If you choose to claim with one of our solicitors, they’ll work on your case under a Conditional Fee Agreement (CFA), which means:

  • You won’t have to pay solicitor fees for your legal representative’s services while the claim is pending or if you lose your case. There also won’t be any solicitors’ fees at the start of the claim. 

If you receive compensation, your solicitor will subtract a certain percentage from it, known as the success fee. There is a legal cap on the percentage that can be charged to ensure that you retain most of your compensation.

Get In Touch

To get connected to our No Win No Fee solicitors for your medical negligence claims, contact us now:

A No Win No Fee solicitor explaining how to sue the NHS.

Frequently Asked Questions (FAQs) About Suing The NHS

We will address some common questions which may come up while searching for more information on suing the NHS:

Is It Difficult To Sue The NHS?

No, it is not difficult to sue the NHS, especially if you have expert legal representation. In fact, according to NHS Resolution’s Annual Report for 2024/25, 83% of clinical claims were resolved without going through the court process. Our solicitors are there every step of the way for our clients, ensuring that their claims experience is as smooth as possible.

How Successful Is Suing The NHS?

According to NHS Resolution’s Annual Report for 2024/25, 54% of clinical claims that were closed during this period resulted in damages. This statistic indicates a reasonable chance of securing compensation if you have a valid case. 

Is It Worth Making A Complaint To The NHS?

In our experience, it is always worth making a complaint to the NHS, as it firstly establishes an official record of your experience. This record, together with the findings of any investigation, can be useful evidence. Moreover, the complaints process can help identify areas in need of improvement and help provide a better quality of care to public patients.

Learn More

You can read some more guides related to clinical negligence claims on our website:

Here are some additional resources for more information:

Thank you for reading our guide on how to sue the NHS.