NHS Negligence Claims — No Win, No Fee
Last reviewed: June 2026 · EA Personal Injury Solicitors
If you suffered avoidable harm as a result of substandard NHS care, you may be entitled to compensation. A poor outcome from NHS treatment is not the same as negligence — both breach of duty and causation of harm must be established. EA Personal Injury Solicitors handles NHS negligence claims on a no win, no fee basis.
TL;DR — Quick Summary
Key Points
- NHS Resolution defends claims on behalf of NHS trusts — independent expert representation is important
- Three-year limitation period from treatment date or date of knowledge
- Complaints and legal claims can run in parallel — one does not replace the other
- Both breach of duty and causation of avoidable harm must be established
- No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation
The NHS Duty of Care
The National Health Service owes every patient a duty of care. This duty is owed by NHS trusts (which are legal entities responsible for the acts and omissions of their employees), as well as by individual NHS staff as professionals. When care falls below the standard expected of a reasonably competent practitioner in the relevant specialty, and that failure causes avoidable harm to the patient, the NHS may be liable in clinical negligence.
Claims against NHS organisations are defended by NHS Resolution (formerly the NHS Litigation Authority), which acts on behalf of NHS trusts, clinical commissioning groups and other NHS bodies. NHS Resolution has considerable experience and large legal resources. An experienced clinical negligence solicitor is essential to ensure your interests are properly represented.
Types of NHS Negligence
NHS clinical negligence claims arise across all areas of medicine and nursing. Common types include:
- Delayed or missed diagnosis — failure to diagnose cancer, stroke, sepsis, meningitis or other serious conditions in time to prevent avoidable harm
- Surgical errors — wrong-site surgery, retained instruments, failure to manage operative complications
- Birth injuries — delayed delivery, failure to detect fetal distress, hypoxic brain injury, cerebral palsy
- Medication errors — prescribing errors, dispensing errors, failure to monitor for known side effects
- Failure to refer — GPs or other clinicians failing to refer for specialist investigation or treatment when clinically indicated
- Hospital-acquired infection — where inadequate infection control procedures directly contributed to an avoidable infection
- Failure to obtain informed consent — failing to warn of material risks of a procedure that the patient would have wanted to know
- Mental health care failures — failure to properly assess and manage risk in mental health settings
The NHS Complaints Process
The NHS has its own internal complaints procedure through which you can raise concerns about your care. Complaints can be made to the relevant NHS trust, GP practice or other provider. If you are not satisfied with the response, you can refer the matter to the Parliamentary and Health Service Ombudsman (PHSO). The complaints process and a legal claim are entirely separate — you can pursue both and making a legal claim does not prevent you from also complaining, and vice versa.
One important caveat: making a complaint does not pause the three-year legal limitation period. It is possible to run out of time to bring a legal claim while the complaints process is ongoing. Always seek legal advice about limitation periods without delay.
Obtaining NHS Medical Records
Your medical records are fundamental to a clinical negligence claim. We obtain them as part of the initial investigation, both to assess the merits of the case and to provide them to independent expert witnesses for review. Records can be requested from the relevant NHS organisation under UK GDPR. In complex cases involving multiple providers over many years, gathering a complete set of records can take considerable time.
No Win, No Fee NHS Negligence Claims
We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We explain all terms clearly in advance and will advise on After the Event insurance.