Making a claim

Making a Medical Negligence Claim Against the NHS

How NHS medical negligence claims are investigated and the parties commonly involved.

Hospital patient being monitored with clinical equipment

NHS treatment can give rise to a medical negligence claim where the relevant legal tests are met. The focus remains on the standard of care, causation and the consequences of any negligence.

Important: This page provides general information. Limitation, funding and the merits of a claim require advice on the individual circumstances.

Who is the claim against?

The appropriate NHS body depends on where and how treatment was provided. Your solicitor can identify the correct defendant during the investigation.

Does making a claim affect future treatment?

A legal claim and ongoing clinical treatment are separate matters. Questions about your individual care should be discussed with your healthcare team and solicitor.

Evidence and response

Records and expert evidence are used to set out the allegations. The defendant then has an opportunity to investigate and respond.

Settlement

Where liability and value can be agreed, the claim can settle without trial.

Questions answered

Frequently asked questions

Can I complain to the NHS as well as make a claim?

The complaints process and legal claims process are different. A solicitor can advise how they interact in your circumstances.

Can NHS negligence claims settle without court?

Yes. Many claims can resolve by agreement, although proceedings may be needed in disputed cases.

Free initial enquiry

Think you may have a medical negligence claim?

Tell us what happened and our team can explain the next steps.