The Process Of How To Claim Against The NHS

Last Updated 7th January 2026. If you’re wondering how to claim against the NHS, you must show that substandard medical care caused you avoidable harm (harm that should’ve been prevented). 

In most cases, the process involves first raising a complaint with the NHS provider, then seeking advice from a specialist medical negligence solicitor who can help you pursue compensation through the NHS Resolution. 

To connect with our solicitors who can talk you through how to claim against the NHS, please contact us today. For free, you can receive a claim eligibility check and have a discussion about your circumstances:

• Phone us on 0161 509 2856.
• Use our form to contact us.
• Talk to us online via our live on-screen chat box.

Frequently Asked Questions

• How To Claim Against The NHS For Medical Negligence
• What Can I Make A Claim Against The NHS For?
• What Do I Need To Prove A Claim Against The NHS?
• How Long Do I Have To Make A Claim Against The NHS?
• Is Claiming Against The NHS Unethical?
• Can I Make A No Win No Fee Claim Against The NHS?
• Learn More

How To Claim Against The NHS For Medical Negligence

In order to make a claim against the NHS for medical negligence, you need to demonstrate the following:

1. You were owed a duty of care. All healthcare professionals, hospitals, and GP practices have a responsibility to provide patients with a standard of care that meets minimum expectations. This is their duty of care.
2. There is a breach in that duty of care when they receive care that falls below expected standards. For example, a radiographer misses a fracture on your X-ray because they misinterpreted the results of a scan.
3. The breach results in avoidable and unnecessary harm. In the above example, the patient’s fracture is misdiagnosed as a sprain, delaying treatment and causing it to become progressively worse.

However, not every instance of harm will be caused by substandard care, and all medical treatments carry some degree of risk. In some cases, patients may suffer even when a healthcare provider or professional provides the correct standard of care.

If you’d like to find out whether you may have a valid medical negligence claim, please talk to our team. They are here to answer any questions you might have about the eligibility criteria discussed here and how to claim against the NHS in general.

What Can I Make A Claim Against The NHS For?

You can make a claim against the NHS for avoidable harm caused by you receiving substandard medical care. In the following sections, we look at some examples of how medical negligence can happen.

Medication Errors

Medication errors can occur if a patient receives the wrong drug, is given the incorrect dosage, or has their medication improperly administered. Such errors may result from mistakes during the prescription, dispensing, or administration of medication. They may also be caused by the failure to review a patient’s medical records and check for known allergies.

Errors involving medication can cause adverse drug reactions, worsen medical conditions, or lead to new illnesses.

• Scenario – A nurse misreads a prescription and administers the wrong dose of insulin to a patient. The higher dose causes severe hypoglycaemia, leaving them hospitalised after they suffer a seizure.

Surgery Errors

Surgical errors can range from wrong-site surgery to a foreign object being left inside a patient after a procedure. These errors have many causes, including miscommunication, inadequate pre-op planning, and improper use of surgical instruments.

• Scenario – A surgeon operates on a patient’s left (healthy) knee instead of their right one when they misread their notes. This causes damage to the knee and means the patient has to undergo further surgery.

Birth Injuries

A birth injury can happen during pregnancy, labour, or delivery. Medical negligence could involve situations like a midwife failing to monitor a foetus or a surgeon improperly using delivery tools. Such instances may lead to long-term disability or even death for the mother or baby.

• Scenario – A doctor fails to recognise the signs of foetal distress, leading them to delay carrying out a C-section. As a result, the baby is deprived of oxygen and develops cerebral palsy.

Misdiagnosis

A misdiagnosis can mean you receive the wrong treatment or are not treated at all. It can also delay your recovery or cause your condition to worsen.

• Scenario – A doctor confuses the symptoms of a cardiac event for indigestion and doesn’t order any tests. This misdiagnosis delays treatment and leaves the patient with permanent heart damage.

Delayed Treatment

A delay in treatment may occur because of administrative errors, symptoms being ignored, or referrals not being made where appropriate. Delays may impact a patient’s recovery or make it harder to treat a condition.

• Scenario – An administrative error at a hospital leads to scan results being lost, delaying treatment for an infection. This delay allows the infection to worsen and develop into sepsis, leaving the patient with serious organ failure.

These are just some examples of when you may be able to make a medical negligence compensation claim. To discuss your own circumstances and see if you have a valid case, please don’t hesitate to speak to one of our advisors.

How Much Compensation Can I Claim From The NHS?

You can potentially claim significant compensation from the NHS for medical negligence, with amounts varying widely from a few thousand pounds for minor injuries, to millions for severe, life-altering harm. 

Medical negligence compensation can be split into:

• General damages – covers the avoidable physical and psychological harm suffered, such as pain severity and effects on quality of life.
• Special damages – covers the financial effects of the avoidable harm. 

Solicitors can use the Judicial College Guidelines (JCG) to help them calculate general damages, which is a document containing guideline compensation brackets for different types of harm. 

Guideline Compensation Brackets

The list below contains guideline compensation brackets from the JCG, with examples of the types of harm a patient could potentially suffer if the NHS is negligent. Please bear in mind that the top figure is not from the JCG, and none of these brackets can be guaranteed:

• Serious harm in multiple areas with significant financial losses – up to and above £1 million.
• Paralysis, tetraplegia (upper and lower body paralysis) – where the senses have been significantly affected, will be applicable for the higher end of this bracket – £396,140 to £493,000.
• Paralysis – paraplegia (lower body paralysis) – factors such as age, extent of pain, and depression will be taken into account – £267,340 to £346,890.
• Very severe brain damage, such as cases of ‘locked-in’ syndrome, where the life expectancy is significantly reduced – £344,150 to £493,000.
• Moderate brain damage (i) -where there’s no prospect of employment and a moderate to severe personality change and intellectual deficit – £183,190 to £267,340.
• Kidney – permanent damage or loss to both kidneys – £206,730 to £256,780.
• Kidney – significant risk of future urinary tract infection or another complete loss of natural function – £206,730 to £256,780.
• Bladder – double incontinence with other medical complications – Up to £224,790.
• Bladder – complete loss of function – Up to £171,680.

To find out how to claim against the NHS and how much medical negligence compensation you could potentially be owed, please contact us today.

How Is Medical Negligence Compensation Calculated?

Medical negligence compensation is calculated by combining general damages and special damages, aiming to cover all past, present, and future effects of the avoidable harm. 

If you have evidence such as invoices and receipts, you could potentially be reimbursed for financial losses under special damages such as:

• Treatment costs, such as medications or specialist rehabilitation sessions. 
• Past and future lost earnings.
• Domestic and professional care costs. 
• Travel expenses to medical appointments
• Rehabilitation, physiotherapy or psychotherapy fees
• Childcare costs if you have been unable to care for your child

You can find out more on how medical negligence compensation is calculated and how to claim against the NHS by having a quick chat with us today.

How Long Do I Have To Make A Claim Against The NHS?

You typically have 3 years to start a claim against the NHS, as set out by the Limitation Act 1980. This timeframe can be dated either when the medical negligence happened or when you reasonably became aware of it.

However, there are exceptions to this 3-year time limit in circumstances where a person is not able to make a claim by themselves.

• Minors are exempt from the 3-year time limit until they turn 18, giving someone until their 21st birthday in which to file a claim.
• There is no time limit when a claimant is mentally incapacitated. However, if they later regain their capacity, the usual 3 years will apply from when they recover.

In the circumstances above, a litigation friend may help a person claim while time limits are on hold. This role can be filled by any suitable adult, including parents, guardians, and solicitors.

Talk to our team today to find out more about medical negligence time limits and being a litigation friend.

Is Claiming Against The NHS Unethical?

No, claiming against the NHS is not unethical as it doesn’t affect public services. Claims are handled by the NHS Resolution, which acts somewhat like an insurer for NHS trusts. It pays out compensation for successful claims using its own funds, which are separate from the main NHS budget.

According to NHS Resolution data for 2023/24, 81% of cases were resolved without the need to initiate court proceedings, equating to 10,854 claims. Over the same period, £2.8 billion was paid out by NHS Resolution, covering compensation and associated costs.

Our team are here to provide free and confidential advice, so please feel free to talk to an advisor for further guidance on how to claim against the NHS.

Can I Make A No Win No Fee Claim Against The NHS?

Yes, you can make a No Win No Fee claim against the NHS if you meet the criteria highlighted earlier in this guide. Our medical negligence solicitors work under a type of No Win No Fee arrangement called a Conditional Fee Agreement.

Through a CFA, you can work with an experienced solicitor from Advice without having to pay upfront or ongoing fees for their work. If you don’t win compensation, there are no solicitor fees to pay at all.

Should you win compensation, then you’ll pay for your solicitor’s services through a success fee. This pre-agreed fee is a percentage of your compensation and is capped by The Conditional Fee Agreements Order 2013.

Further benefits of working with one of our expert solicitors include:

• Help and assistance in collecting evidence for your medical negligence claims.
• Organising an independent medical assessment of the harm you suffered.
• Explanations of terms, jargon, and processes.
• Negotiating your settlement to get a fair compensation for you.

These are just some ways in which Advice’s solicitors could help you.

How Can Advice Help Me Make An NHS Medical Negligence Claim?

Our specialist medical negligence solicitors at Advice can show you how to make a claim against the NHS and help you throughout every single step of the claims process. On a No Win No Fee basis, they can:

• Gather and present your evidence to prove that medical negligence occurred, such as copies of your medical records. 
• Explain legal documentation and terminology.
• Communicate with the negligent healthcare provider, and the NHS Resolution, on your behalf. 
• Negotiate for the highest compensation value possible. 
• Set up appointments for you, such as with rehabilitation specialists. 
• Explaining the claims process step-by-step and updating you when there is a progression with the case. 
• Helping you apply for interim payments to cover your financial losses. Interim payments are payments from your compensation that can potentially be paid to you early while the claims process is still ongoing. 

Our solicitors provide clear and compassionate legal support to clients across England and Wales. Contact us for free today to see whether you can connect with them.

Get In Touch With Advice

For help and advice on how to claim against the NHS, get in touch with our team of advisors today. They are here to support you and answer any questions you have about making a medical negligence compensation claim:

• Phone our team on 0161 509 2856.
• Use the online chat on this page.
• Contact us and tell us about your case.

Learn More

You can learn more about medical negligence claims and your rights as a patient in these resources:

• Read about MRSA claims.
• Look at when you could make a claim for a prescription error.
• Some frequently asked questions about claiming for poor care in a hospital.

Additional information from external sources:

• NHS guidance on how to provide feedback and complaints.
• An overview of NHS patient rights and responsibilities.
• The standards for nurses as set out by the Nursing and Midwifery Council (NMC).

If you have any questions about this guide on how to claim against the NHS, please don’t hesitate to get in with a member of our advisory team.