Have you or a loved one suffered preventable harm after NHS treatment? Knowing how to claim for medical negligence against the NHS can make a huge difference to your recovery and peace of mind.
Every year, over 14,000 clinical negligence claims are filed with NHS Resolution in England. Around £3.1 billion was paid out in compensation in 2024/25 alone, reflecting growing accountability for healthcare failures.
Whether it’s a missed diagnosis, surgical error, or delayed treatment, understanding the claims process, from proving fault to seeking compensation, matters. This guide breaks down each step clearly and simply. If you think you have a case, contact Cooper Hall Solicitors today for expert support and a free review.
What Is NHS Medical Negligence?
NHS medical negligence happens when a healthcare professional fails to meet an accepted standard of care and a patient is harmed as a result. This applies to doctors, nurses, surgeons, midwives and other NHS staff. In UK law, this is often referred to as clinical negligence or medical malpractice.
Most claims don’t end up in court. In 2024/25, 83% of clinical negligence claims were resolved without formal litigation, emphasising that many disputes are settled through negotiation and expert review.
Every NHS professional owes you a legal duty of care. That means they must act with reasonable skill and care. When that duty is broken and the mistake causes injury, it becomes a breach of duty of care.
Medical negligence always has three key elements:
- A duty of care existed
- That duty was breached
- The breach caused harm
This legal link between the mistake and the injury is known as causation in negligence. Without it, a claim cannot succeed.
Types of Medical Negligence Claims Against the NHS
There are many ways negligent medical treatment can occur. Some errors happen quickly. Others develop over months or years. Below are the most common types of NHS medical negligence claims.
Common NHS Negligence Claims
- Misdiagnosis compensation for missed or delayed diagnosis of cancer, stroke, or infection
- Surgical negligence claims, including wrong-site surgery or avoidable complications
- Prescription error claims, such as wrong medication or dosage
- Obstetrics negligence claims, involving poor maternity or labour care
- Birth injury compensation for harm to a baby or mother
- Orthopaedic negligence, including delayed fracture treatment
- NHS “Never Events”, such as retained surgical items
Each of these may lead to NHS compensation claims if the care fell below accepted standards.
How Do I Know If I Can Make a Claim Against the NHS?
Many people worry they don’t qualify. In reality, you don’t need to prove intent or blame. You only need to show that the care was unacceptable and caused harm.
In 2024/25, 7,806 clinical negligence claims closed with compensation, an 8% rise year-on-year, indicating that many patients with sufficient evidence succeeded in claiming damages.
You may be able to make a medical negligence claim if:
- You received NHS treatment in Bradford or elsewhere in England
- The treatment was below a reasonable standard
- You suffered an avoidable injury, illness, or worsening condition
Complaints vs Compensation
The NHS complaints procedure allows you to raise concerns, but it does not provide financial redress. A legal claim is different. A claim seeks compensation for medical injury, not just an apology.
To succeed, you’ll need medical records and GP notes, witness details and expert opinions. These form the backbone of evidence required for medical negligence claims.
Check if you can claim against the NHS.
How to Prove Liability in an NHS Medical Negligence Claim
Proving liability is the most technical part of claiming compensation from the NHS. Courts rely on expert analysis rather than emotion or outcome alone.
Proving Breach and Causation
Lawyers use the Bolam test to assess whether a responsible body of professionals would have acted differently. This helps determine whether there was a proven breach of duty of care.
You must also show causation. In other words, the injury would not have happened without the mistake. Independent doctors provide expert medical evidence to explain this link.
This process ensures fairness and protects both patients and professionals through clear accountability in healthcare.
What Is the NHS Medical Negligence Claims Process?
Understanding the NHS medical negligence claims process helps you feel more confident and prepared. While legal claims may sound complex, the process follows a clear structure designed to be fair, evidence-based and patient-focused. If you’re learning how to claim for medical negligence against the NHS, this section explains exactly what happens, step by step.
Each stage exists to answer one key question: Did negligent medical treatment cause avoidable harm? Once that’s established, the focus shifts to resolving the claim efficiently and fairly.
Step 1: Initial Case Assessment and Legal Advice
The process begins with a detailed case review by experienced medical negligence solicitors. At this stage, your solicitor listens to your experience, reviews basic facts and checks whether your situation meets the legal threshold for an NHS medical negligence claim.
This early assessment looks at:
- Whether an NHS professional owed you a duty of care
- Whether there may have been a duty of care breach
- Whether your injury could be linked to that breach
If the claim lacks legal merit, you’ll be told honestly. That clarity protects you from unnecessary stress and wasted time.
Step 2: Gathering Medical Records and Evidence
Once your claim moves forward, your solicitor collects key documents. These records form the foundation of establishing medical negligence.
Evidence usually includes:
- Hospital notes and test results
- Medical records and GP notes
- Referral letters and discharge summaries
- Witness statements, if available
At this point, independent specialists review the records. Their role is to provide expert medical evidence on whether the care fell below accepted standards.
Step 3: Proving Breach of Duty and Causation
This stage focuses on liability. The legal team must show two things:
- There was substandard medical treatment
- That treatment directly caused your injury
This is known as proving breach of duty of care and causation in negligence. Courts rely on expert opinion, not hindsight. A poor outcome alone is not enough.
If experts confirm both breach and causation, your claim becomes legally strong.
Step 4: Letter of Claim and NHS Response
Your solicitor then sends a formal Letter of Claim to the relevant NHS trust. This document sets out:
- What went wrong
- How the NHS failed in its duty
- The harm you suffered
- Why compensation is justified
The NHS trust passes the claim to NHS Resolution, which manages NHS compensation claims nationally. They investigate and must respond within a fixed timeframe under the pre-action protocol.
Step 5: Negotiation, Settlement, or Court Proceedings
Many claims resolve at this stage. If liability is admitted, negotiations begin to agree on fair compensation for medical injury. This includes general damages and special damages, covering pain, suffering and financial losses.
If the NHS denies responsibility, court proceedings may follow. Even then, most cases settle before trial. Litigation is always a last resort.
Typical NHS Negligence Claim Timeline
| Stage | Approximate Time |
| Initial assessment | 2–4 weeks |
| Evidence & expert review | 3–6 months |
| NHS investigation | Up to 4 months |
| Settlement or court action | 6–24 months |
Timings vary depending on complexity, injury severity and cooperation from the NHS.
Why This Process Protects Patients
The claims process isn’t about punishment. It promotes accountability of healthcare professionals, improves patient safety and helps prevent repeat mistakes. According to the NHS Resolution 2023/24 report, learning from claims plays a key role in raising care standards across the NHS.
Key Takeaway for Bradford Patients
If you’re unsure about making a medical negligence claim, knowing the process removes fear and confusion. With the right legal guidance, the system works in a structured, patient-focused way that puts evidence and fairness first.
Read our guide on suing the NHS for negligence.
Time Limits for Making an NHS Medical Negligence Claim
Strict medical negligence time limits apply. In most cases, you have three years to start a claim.
Key Time Rules
- Three-year limitation period from injury or awareness
- The date of knowledge negligence rule applies if harm appears later
- Children have until age 21
- No limit applies if the patient lacks mental capacity
Missing the time limit for NHS negligence claims can end a valid case, so early advice matters.
How Much Compensation Can I Claim for NHS Medical Negligence?
Compensation for NHS medical negligence is designed to put you, as far as possible, back into the position you would have been in if the harm had not occurred. It reflects both the physical impact of the injury and the financial consequences it creates, now and in the future.
Courts assess compensation carefully, using medical evidence, financial records, and recognised judicial guidelines to ensure awards are fair and proportionate.
Types of Compensation You May Claim
Medical negligence compensation is divided into two main legal categories:
General damages
These cover non-financial harm, including:
- Pain and suffering caused by the injury
- Loss of amenity, such as reduced mobility or quality of life
- Psychological distress, including anxiety or trauma
Special damages
These cover financial losses directly linked to the negligence, such as:
- Loss of earnings and reduced future earning capacity
- Medical treatment, rehabilitation, and therapy costs
- Travel expenses for hospital appointments
- Care, support, and assistance at home
Example Compensation Breakdown
| Damage Type | What It Covers |
| General damages | Pain, suffering, and loss of amenity |
| Special damages | Travel costs, medical treatment, lost income |
| Future losses | Ongoing care, rehabilitation, and support needs |
What Affects the Final Compensation Amount?
Every NHS negligence claim is unique. The value of compensation depends on:
- The severity and permanence of the injury
- Whether the harm affects daily living or independence
- The length of recovery or the need for lifelong care
- The financial impact on work, family life, and well-being
Serious or life-changing injuries typically result in higher compensation due to long-term care and support needs.
Key takeaway: There is no fixed payout. A well-prepared claim ensures all current and future losses are fully considered, not just the immediate injury.
View our NHS compensation payouts guide.
Who Pays Compensation for NHS Negligence Claims?
Compensation is not paid by individual doctors. It is handled by NHS Resolution claims, a national body that manages NHS compensation claims.
National data confirms that most clinical negligence payments are made through NHS Resolution schemes rather than directly by individual NHS hospitals, centralising accountability and claims handling.
According to the NHS Resolution 2023/24 report, settlements aim to resolve disputes fairly while improving patient safety. Making a claim does not reduce frontline NHS funding.
Claiming Medical Negligence with Cooper Hall Solicitors
Choosing the right support matters. Experienced medical negligence solicitors understand both law and medicine. We guide you with care, clarity and honesty.
Given that NHS clinical negligence liability and costs now exceed £59.99 billion nationally, expert legal support remains vital for patients navigating complex cases.
Cooper Hall Solicitors offer:
- Expertise in claim against NHS trust cases
- Clear advice at every stage
- Strong focus on client wellbeing
We help you understand how to claim for medical negligence while protecting your rights and dignity.
Contact Cooper Hall Solicitors for expert NHS negligence advice.
Conclusion
When NHS care goes wrong, understanding your options matters. Learning how to claim for medical negligence against the NHS empowers you to take control after avoidable harm. A successful claim isn’t about blame; it’s about accountability, support, and future protection. With specialist advice, clear evidence, and timely action, the claims process becomes manageable.
Compensation can ease financial pressure and support long-term care needs. If you believe you have a valid claim in Bradford, expert help can make all the difference. Cooper Hall Solicitors are ready to support you every step of the way.
