Can I pursue a case against the NHS?

Some patients make a formal NHS complaint before starting a claim. Despite the process not automatically resulting in compensation, it can help to uncover what went wrong and provide useful evidence for a claim. 

Independent charities such as Action Against Medical Accidents (AvMA) can also offer further detailed complaint guidance. 

If you believe you’ve suffered harm, you can: 

• Complain verbally or in writing 

• Receive a written investigation and response. 

• Have your concerns addressed, including details of any mistakes and their impact on your health. 

Pursuing a claim against the NHS can be difficult. Especially when you’re already facing physical and emotional challenges. Don’t worry, our specialists are here to help you throughout your claim. 

An NHS negligence claim follows a formal legal process designed to investigate what went wrong and whether that failure caused avoidable harm. Below is the usual journey clients following during a claim.

During your claim our specialists will work with he defendant to understand 

1. Whether your care fell below the accepted medical standards. 
2. If this failure directly caused your injury or worsened your condition. 

These are the two important steps in proving that negligence occurred. 

To support this, our specialists will utilise a range of evidence, such as: 

• Medical records: A full treatment history highlighting errors. 

• Witness statements: From family, friends, or staff present. 

• Independent medical experts: Unbiased opinions linking your harm to negligence. 

The timeframe for suing the NHS depends on the complexity of your case.  

While some cases settle quickly, complex cases can take much longer. Our specialists aim to settle claims as quickly as possible so you can focus on recovery. 

Compensation in an NHS negligence claim is split into two parts: 

General damages: For you pain, suffering, and loss of amenity. 

Special damages: Covering financial losses, such as care costs, medical expenses, and lost earnings. 

Amounts vary based on the severity of injury, the impact on your daily life, and financial loss. Settlements can also range from thousands to multi-million-pound awards for severe cases, this is outlined in the examples below: 

We secured £18,000 in compensation for a client following errors in her hysterectomy procedure. Every case is different, and the value of your claim will depend on the nature and severity of your injuries, how they’ve affected your ability to work, and the level of ongoing care or treatment you require. One of our specialists will be able to give you a clearer picture once we’ve assessed your situation. We know gynecological injuries go beyond the physical impact, bringing trauma and anxiety. The emotional symptoms can be significant too – so compensation can cover the cost of psychological support, like counselling, therapy, or access to specialist support groups.   

In another case, our client received £900,000 following a delayed diagnosis of Listeria meningitis. These figures reflect the serious, long-term impact these cases can have – and our commitment to pursuing fair outcomes. The value of a meningitis compensation claim depends on the severity of the harm suffered, the long-term impact on health and quality of life. Compensation is there to give you and your family the financial security to access the right care, rebuild your lives, and plan for the future - whether that’s weeks, months, or many years from now. 

Claiming against the NHS is about helping improve patient safety, provide accountability, and ensure you’re not left to cope alone.  

We work collaboratively with the defendant to ensure that a resolution is found that helps you get the support you need and also ensure that future patients are protected.

At Fletchers, our clinical negligence solicitors specialise in NHS negligence claims. Oue team combines legal expertise, access to leading independent medical experts, and a commitment to achieving the best possible outcome for you. Claims against the NHS can be complex, personal, and require solicitors who understand both the medical detail and the human impact. That’s what we specialise in. In doing so, we’ve secured life-changing settlements for clients and hold the NHS accountable for patient safety. 

Contact us today for a free, no-obligation consultation.