Do you really need a solicitor to make a claim against the NHS, or can you handle it yourself? Many people ask this question after something goes wrong during medical treatment. In England, NHS Resolution reported 14,428 new clinical negligence claims in 2024/25, with over £3 billion paid in compensation and legal costs, showing how complex and serious these cases often are.
When facing NHS clinical negligence, evidence rules, strict time limits, and legal tests can quickly overwhelm patients. That’s why many choose a clinical negligence solicitor to protect their rights and avoid costly mistakes.
If you’re unsure whether you need legal help, Cooper Hall Solicitors can explain your options clearly and honestly. Speak to our team today.
Learn more about our NHS negligence claims service in Blackburn.
What Constitutes NHS Clinical Negligence?
NHS clinical negligence occurs when an NHS professional fails to meet the required duty of care, and that failure causes harm. Doctors, surgeons, midwives, GPs, and other healthcare staff must follow accepted clinical standards. When they don’t, patients may suffer injuries that could have been prevented.
A recent NHS patient safety report shows that there were 689,745 recorded patient safety incidents in NHS Trusts between April 2021 and March 2022, meaning nearly 1,890 incidents per day, which could involve failures in care, communication breakdowns, missed diagnoses, or other issues that might lead to clinical negligence. Although most incidents did not result in high harm, more than 4% led to serious harm, highlighting how standards of care can fall below expectations, often forming the basis of an NHS claim.
To succeed in an NHS clinical negligence case, the following legal elements must be proven on the balance of probabilities:
- A duty of care existed between you and the NHS Trust
- There was a breach of duty below the accepted standard of care
- That breach caused harm through causation or material contribution
- The breach resulted in measurable harm or loss (damages)
These legal principles apply to hospital negligence claims, GP negligence claims, and other NHS treatment negligence cases across Blackburn and the wider UK.
Is Any Mistake Considered NHS Clinical Negligence?
No. Not every medical error leads to a valid medical negligence claim. Medicine involves risk, and some outcomes occur even when care is reasonable. The law uses two key legal tests to judge this:
- Bolam Test – would a responsible body of medical professionals have acted the same way?
- Bolitho Test – was that professional opinion logical and defensible?
Only negligent treatment that causes avoidable harm qualifies. A medical negligence solicitor helps separate genuine NHS injury compensation claims from unfortunate but non-negligent outcomes.
Find out when NHS mistakes become valid claims.
What Are Common Examples of NHS Clinical Negligence?
Many NHS negligence solicitors see similar patterns of patient safety failures. Common examples include:
- NHS misdiagnosis claims and delayed diagnosis cases, especially in cancer care
According to NHS claims data analysed between 2019 and 2024, there were 8,067 misdiagnosis-related clinical negligence claims, of which 5,677 were settled. Diagnostic errors account for approximately 20% of all NHS clinical negligence claims, making them a leading cause of patient harm.
- NHS surgical errors, including wrong-site surgery
NHS Resolution data shows that emergency medicine, general surgery, and trauma care consistently rank among the highest specialties for clinical negligence claims, reflecting the increased risks involved in high-pressure medical environments.
- Birth injury negligence NHS, involving midwives or obstetricians
Although maternity claims represent a smaller percentage of total cases, they account for the largest share of NHS compensation costs. Birth injury claims are a major contributor to the NHS’s estimated £60 billion long-term clinical negligence liabilities.
- GP negligence claim, such as missed referrals
- Medication errors by pharmacists
Between 2019 and 2024, 1,129 medication error claims were made against the NHS. Of these, 765 claims were successfully resolved, resulting in approximately £54 million in compensation payouts.
- Mental health treatment failures
| Example | Typical Setting | Key Harm |
| Misdiagnosis or delayed diagnosis | GP / Hospital | Disease progression |
| Surgical error | Operating theatre | Unnecessary harm |
| Birth injury | Maternity unit | Lifelong disability |
| Medication error | Ward / Pharmacy | Serious reactions |
| Failure to follow up on test results | GP / Hospital | Preventable deterioration |
Strong medical expert evidence is required in these cases, and the NHS Trust must investigate the alleged negligence.
On What Grounds Can I Claim the NHS?
You can make a claim against the NHS when negligent treatment causes physical or psychological harm.
Claims may involve failure to diagnose, mistakes in treatment, or poor post-operative care. In 2024/25, the NHS paid approximately £3.1 billion in clinical negligence compensation and associated costs, illustrating the scale of harm for which the NHS accepts responsibility.
Grounds for an NHS negligence compensation claim include:
- Failure to diagnose or treat in time
- Incorrect treatment decisions
- Poor post-operative care
- Ignoring patient symptoms
- Unsafe discharge decisions
Claims may include general damages for pain and suffering and special damages for financial losses. A professional clinical negligence solicitor ensures all losses are calculated properly.
Who Can Make a Claim Against the NHS?
The following individuals can start a medical negligence claim legally:
- Adult patients harmed by NHS treatment
- Parents making claims on behalf of children
- Families pursuing fatal medical negligence claims
- Individuals with capacity issues under the mental incapacity claims rules
Residents can claim through the NHS claims process, even if the treatment happened outside Blackburn.
What Is the Time Limit for an NHS Clinical Negligence Claim?
Most NHS medical negligence claims follow a three-year limitation period. The limitation period usually starts from the date of knowledge, when you first realised negligence caused your injury.
There’s typically a three-year limitation period under UK law (Limitation Act 1980). NHS data indicates an average three-year lag between incidents and claims, reflecting how this time limit operates in practice.
These are the special rules:
- Children: time runs from their 18th birthday
- Mental incapacity: time may not run at all
Early evidence is important, as expired time limits for a medical negligence claim will end it completely.
Check time limits with our NHS negligence team.
How Do I Make a Claim Against the NHS?
The Pre-Action Protocol (PAP) for medical negligence claims involves strict procedural steps. So you need a solicitor to handle this.
Here are the steps:
- Collecting medical records
- Obtaining independent medical expert evidence
- Sending a formal Letter of Claim
- NHS Resolution investigates on behalf of the NHS Trust
- Settlement negotiations or NHS court claim
A letter of claim for medical negligence is insufficient on its own. A bespoke legal draft is necessary for each case.
What Are the Benefits of Using a Solicitor to Claim Against the NHS?
Here are some benefits of hiring an expert solicitor:
- Access to independent medical experts
- Accurate valuation of NHS compensation payout
- Handling NHS Resolution correspondence
- Reducing stress and procedural risk
- Exploring medical negligence funding options, including No Win No Fee and legal aid for medical negligence
People underestimate the technical aspect of NHS negligence when searching for “clinical negligence solicitor near me”.
Discover how our NHS negligence solicitors support Blackburn clients.
How Can a Clinical Negligence Solicitor Help You?
An expert solicitor handles the medical and legal details of a case, including witness statements, instructing barristers, and preparing court proceedings. The loss is calculated as follows:
- Loss of earnings and future care costs
- Rehabilitation expenses
- Medical equipment costs
- Home adaptations and travel expenses
High-profile hospital negligence claim cases require significant support.
Have an NHS Negligence Claim? Speak to Our Specialist Solicitors
If you believe NHS treatment caused harm, you don’t have to face the process alone. Our experienced team understands NHS Trust negligence cases and works to secure fair NHS negligence settlement outcomes for Blackburn clients.
Contact Us
Contact a solicitor early to safeguard your rights. If NHS treatment has caused you harm, our experienced Clinical Negligence Solicitor team offers clear, confidential advice and will guide you through every stage of your NHS medical negligence claim.
You can contact our Blackburn office using the details below:
Blackburn Office
Kings Court, 33 King Street,
Blackburn, Lancashire,
BB2 2DH
Email: enquiries@cooperhallsolicitors.co.uk
Telephone: 01254 943385
If there is a GP negligence claim, hospital negligence claim, or another NHS clinical negligence matter, Cooper Hall Solicitors are always here to provide you with legal options and what to do next.
Speak with our NHS negligence solicitors today.
Conclusion
Deciding whether you need a Clinical Negligence Solicitor for an NHS claim is an important step after experiencing harm from medical treatment. NHS clinical negligence cases are rarely straightforward.
They involve strict time limits, complex medical evidence, and legal tests that can be difficult to manage alone. With the right legal support, you gain clarity, confidence, and a stronger chance of securing fair NHS negligence compensation.
A professional solicitor supports your legal rights, manages the claims process, and deals directly with NHS Resolution. If NHS treatment has caused avoidable harm, speaking to an experienced solicitor could make all the difference to your recovery and peace of mind.
