How to Sue the NHS
Can I sue the NHS?
You could sue the NHS if you suffered harm from a mistake made by a medical professional within the last three years.
To make a claim against the NHS, you must show that your care was substandard and directly caused your injury or illness. This is called establishing causation.
Your solicitor may apply the Bolam test, which is a legal test used in cases like these to determine whether a medical professional has acted negligently.
To carry out the test, your solicitor will consult independent medical experts. These experts will assess the care you received and either approve or disapprove of the actions taken by your healthcare provider.
Put simply, your case will only be successful if experts agree that the person who treated you failed in their duty of care, and this led to your injury or your condition getting worse.
On what grounds can I sue the NHS?
There are several grounds for making a claim against the NHS. Some examples include:
Early and accurate diagnosis is essential for treatment to be effective. If your condition has worsened due to an incorrect or late diagnosis, you could have grounds to claim.
If you or your child suffered as a result of substandard medical care during, before or after giving birth, you could be owed compensation.
Most surgeries come with risks, which should be explained to you before undergoing a procedure. But if you were injured due to errors made by your surgeon, you could claim.
This isn’t a complete list. If you think you could be entitled to sue the NHS, give our team a call.
We’ll speak to you about your situation and let you know if our specialist NHS negligence solicitors could help.
How to sue the NHS
We’ve broken down the process of suing the NHS into five steps:
- Establish fault
Your solicitor will need to prove that the medical professional responsible for your treatment failed in their duty of care. They’ll then need to show that this negligence led directly to your injury or illness. - Collect evidence
Gathering evidence is a crucial part of suing the NHS. Try to collect all your medical records together, as well as any other relevant information. Try to note down dates and times of treatment and the names of anyone involved. - Find a solicitor
These types of claims can become complicated, so it’s vital that you have the right legal support. We can match you to experienced solicitors who will guide you through the process and keep you updated at every step. - Write a letter of complaint
Your solicitor will also help you write an official letter of complaint to the NHS trust in charge of your care. This won’t secure you compensation by itself, but it could support your case and you may receive an apology. - Settle your claim
Your solicitor will put your claim forward to the NHS trust involved. They’ll then either accept or deny responsibility. If they deny responsibility, your solicitor will continue to negotiate with them and do everything they can to resolve the case out of court.
Is it difficult to sue the NHS?
Suing the NHS can be challenging, as it involves proving that the care you received fell below an acceptable standard and directly caused you harm.
These types of cases often require detailed evidence, expert opinions and an understanding of the claims process, which can feel overwhelming without the right support.
This is where our experienced medical negligence solicitors can help you. They’ll handle every step of the process – from gathering evidence to securing expert reports – helping to make the experience as straightforward and stress free as possible.
Your solicitor will help you on a No Win No Fee basis. This means there will be nothing to pay upfront and you won’t have to worry about covering any legal fees if your case is unsuccessful.
If your case is successful, your solicitor will take a success fee. This will be taken as a percentage of your compensation and won’t be more than 25%. So you won’t need to find this money yourself.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
How much compensation will I get if I sue the NHS?
Your NHS compensation payout will depend on your specific case. But if your claim is successful, your settlement will be split into two categories: general damages and special damages.
General damages* are there to compensate you for the pain and suffering you’ve endured due to medical errors. They’ll also consider how you’re likely to be affected both physically and psychologically in the future.
Your solicitor will use the Judicial College Guidelines to work out how much your case could be worth in general damages. These guidelines set out the varying levels of compensation for each type of injury. Some examples include:
- Injury to a woman resulting in infertility, including misdiagnosed ectopic pregnancy: Up to £207,260
- Injury to bowel needing a temporary colostomy: Up to £85,100
- Moderate injury to back with risk of constant pain: Up to £47,320
- Injury to digestive system causing permanent complications: Up to £33,880
- Minor wrist fracture with recovery in 12 months: Up to £5,790
Special damages are different. They recognise the financial impact of the negligence you experienced. This could be lost earnings if you’ve had to take time off work to recover, or the cost of additional care. It includes expenses like medication, travel to appointments and any health aids.
*For a rough estimate of how much your claim could be worth in general damages, try our free medical negligence calculator.
Do I need evidence to sue the NHS?
Yes, you will need evidence to sue the NHS. This might include:
- Medical records
Medical records are hugely important. They’ll provide a detailed account of your diagnosis and treatment – helping to identify any mistakes or oversights in the care you received.
- Witness accounts
Statements from family, friends or other medical professionals could support your version of events. These accounts will provide additional context and may highlight any concerns that were raised but not acted upon during your treatment.
- Independent medical opinions
A report from an independent medical expert will state whether the care you received fell below the reasonably expected standard. This helps to establish whether negligence happened and if it directly led to your injury or illness.
- Photos of any injuries
Photographic evidence can help to demonstrate the severity of your injuries, particularly if they’ve changed or worsened over time. Try to take photos throughout the recovery process.
- Your own statement
Your personal account of what happened outlines the negligence you suffered and the impact it’s had on your life. Your solicitor will guide you on what you should include.
We understand that the process of gathering evidence can feel overwhelming. But your solicitor will be there to support you throughout. They’ll access key records and put evidence together on your behalf, so you don’t need to worry about doing it alone.
Should I make a complaint to the NHS?
If you’ve received substandard treatment from the NHS, making a formal complaint could be your first step.
It will let you raise your concerns, request answers and highlight what happened. This could potentially prevent the same mistakes from happening to others.
An official complaint may also lead to an internal investigation, which will help to clarify what went wrong and whether the care you received fell below acceptable standards.
Your solicitor will guide you through the NHS complaints process, ensuring your complaint is clear and supported by evidence.
How many years after negligence can you sue the NHS?
You’ll usually have three years to make a claim. This will start from the date the negligence happened or from when you first became aware of it – often through a later diagnosis.
Three years might sound like a long time, but it’s always best to get legal support early. This makes it easier for your solicitor to access key evidence – like medical records – and it may also be easier for you to remember the details of what happened.
If you’re claiming for a child, the time limits will be different. In these cases, you’ll have until the child’s 18th birthday to make a claim on their behalf. They’ll then have until they’re 21 to start a claim themselves.
And if you’re making a claim for someone without mental capacity, there won’t be any time limit applied to your claim.
Tragically, medical negligence can sometimes be fatal. If you’ve lost a loved one, you will usually have three years from the date of their death to pursue a claim.
Who has First4Lawyers helped?
We’ve supported many individuals who have suffered due to NHS medical negligence, including:
- A man who attended A&E with severe leg pain and a high temperature and was wrongly discharged with painkillers. He was later diagnosed with a fast-spreading flesh-eating bacteria, resulting in an induced coma and multiple surgeries. Compensation gave him some financial security as he was unable to return to work for a period of time.
- A patient who was left with a broken hip after undergoing reconstructive foot surgery – a procedure involving the removal of hip bone to be placed in the foot. He remained in hospital for a month instead of the planned three days and was still unable to walk when we spoke to him.
Our team is here to help people get answers and support when medical treatment goes wrong.
Meet Iain
Legal Services Team Leader
Iain McGowan has helped lead our expert Legal Services team since 2021.
He says: "At First4Lawyers, we’re proud to have maintained a 5-star Trustpilot rating. This is largely down to the service provided by our team of legal advisors, who do their best to make our clients as comfortable as possible."
Iain and the legal services team have decades of experience in the legal industry. So if you have any questions about the process of making a claim, they’ll be able to help.
Why choose First4Lawyers?
Making a claim can feel daunting, especially if you’ve never used a solicitor before.
We take the guesswork out of choosing the right legal support. When you start your claim with us, you’ll know that you’re in expert hands.
First4Lawyers is regulated by the Financial Conduct Authority, while the firms we work with are regulated by the Solicitors Regulation Authority.
Our award-winning legal services team has been matching clients with legal specialists for over 17 years. The team is led by Jacqueline Busby, a qualified solicitor who is always on hand to assess potential claims.
Our medical negligence solicitors will not only work to secure you compensation, they’ll also help you access vital support. This might include physiotherapy, counselling or financial advice.
With First4Lawyers, you’ll have a dedicated team by your side, guiding you every step of the way towards the justice and support you deserve.
FAQs
Is it ethical to sue the NHS?
We understand you might have concerns about claiming against the NHS. But you shouldn’t let this put you off.
If your claim is successful, your compensation will be paid through NHS Resolution. This is an organisation that essentially acts as an insurer for the NHS.
Every year, money is put aside to cover the cost of compensation payouts. So your claim won’t directly affect the services provided by your local NHS trust.
If you've suffered harm as a result of negligence by the NHS, you are entitled to compensation.
How often does the NHS get sued?
In 2023/24, NHS Resolution paid out over £2.8bn in compensation for medical negligence claims. This shows just how many people take legal action after receiving poor medical care.
If you’re considering making a claim, it’s important to know you’re not alone. Many others have faced similar experiences and chosen to speak up to seek answers and accountability.
While the NHS generally does a great job of looking after us, mistakes can and do happen. When they do, pursuing a claim can help you access the support and compensation you need to move forward.
Can I claim for loss of earnings?
Yes, if medical negligence has affected your ability to work, you may be able to claim for loss of earnings.
This can include income you’ve already missed out on due to time off work, or future losses if your condition prevents you from returning to the same role.
Can I sue the NHS for free?
For these types of claims, we work on a No Win No Fee basis. This means there will be nothing for you to pay upfront and no legal fees to cover if your claim is unsuccessful.
If you are successful, your solicitor will take a fee of up to 25% of your compensation - but no more than that.
Who will pay my compensation?
NHS compensation claims are covered by NHS Resolution, the body responsible for handling claims against the NHS.
The organisation is funded through contributions from NHS trusts and the government. This means your claim is made against the NHS as a whole, not a specific doctor or nurse.
If your claim is successful, NHS Resolution will cover the cost of your compensation and any legal fees, helping you access the financial support and resources you need to aid your recovery.
Will I still be entitled to healthcare from the NHS?
Yes. Making a claim against the NHS won’t affect your right to receive treatment. You’ll still be fully entitled to NHS healthcare, just like any other patient.
If you’re still receiving medical treatment from the NHS, this will continue as normal.
How long does it take to sue the NHS?
This will depend on the extent of your injury or illness, how long it takes to gather evidence and whether or not the NHS accepts responsibility.
Your case may also take longer to settle if it has to go to court. But this is increasingly rare in cases made against the NHS.
Your solicitor will keep you updated on the progress of your claim at every stage, so you’ll always be kept informed.
Reviewed by Jacqueline Busby, qualified solicitor and Head of Legal Services
