Specialist clinical-negligence representation when avoidable NHS harm has changed your life, handled by a senior solicitor on a 20% success fee.
An NHS compensation claim is a legal claim for compensation when you suffer avoidable harm as a result of negligent treatment by an NHS hospital, GP surgery, or other NHS provider. If you have been seriously harmed by a misdiagnosis, surgical error, birth injury or any other form of NHS medical negligence, you may be entitled to claim compensation for your injuries and financial losses.
At Hannah Gold Solicitors, our specialist medical negligence solicitors handle NHS compensation claims across England and Wales on a No Win No Fee basis with a 20% success fee, not the 25% many firms charge. Over the last 15 years we have recovered more than £21 million in compensation for injured clients. Your case is handled by a senior solicitor from start to settlement.
Free assessment · No upfront costs · 20% success fee
£21 million recovered · 15 years specialist practice
Tools and guides to help you understand and estimate your claim.
“NHS trusts admit tens of thousands of clinical negligence claims a year, the process is well established and does not damage your ongoing NHS care.
You may be able to claim if:
To succeed in an NHS compensation claim, you must prove:
This standard is known as the Bolam test (Bolam v Friern Hospital Management Committee), as refined by Bolitho v City and Hackney Health Authority. The Bolitho refinement confirms that the supporting body of medical opinion must itself withstand logical analysis. It is not enough that some practitioners would have acted in the same way if that approach cannot be logically defended.
Not every poor outcome amounts to negligence. Independent expert medical evidence is required to establish that the standard of care fell below the required threshold. Medical treatment by a health professional must meet the standard expected; failure to do so may be grounds for clinical negligence compensation.
Yes. You can make a compensation claim if NHS treatment caused you avoidable harm due to negligence.
Although people often refer to suing the NHS, compensation is paid through NHS Resolution, the body responsible for managing and settling clinical negligence claims against NHS trusts and foundation trusts in England. You are not personally suing doctors or nurses. The claim is made through a formal legal process, investigated by NHS Resolution, and settled where negligence is established.
NHS Resolution is experienced in defending these claims and will instruct its own experts. Independent medical evidence on your behalf is essential. The NHS response to claims is typically prompt, with a four-month period to admit or deny liability after receiving a letter of claim.
“Ambulance service records, 111 call recordings and A and E triage notes are all disclosable, we obtain the complete file at an early stage.
Medical negligence can arise in GP practices, hospitals, A&E departments, maternity units and specialist clinics across the NHS. Common types of claim include:
Failure to diagnose cancer, stroke, sepsis, infection or serious cardiac conditions can allow conditions to progress to a stage where they become significantly harder to treat, or untreatable. Delayed diagnosis claims require expert evidence from a specialist in the relevant field to establish what would have happened had the diagnosis been made at the correct time.
GP misdiagnosis claims arise where a general practitioner fails to correctly identify a condition or fails to refer a patient for investigation, leading to delayed or missed treatment. These claims often involve cancer misdiagnosis, failure to investigate symptoms, or delayed referral to secondary care.
Errors during surgery include avoidable complications, retained instruments, nerve damage, wrong-site surgery, and poor post-operative care. Surgical negligence claims require detailed review of operative notes, anaesthetic records and histology reports, as well as expert evidence from a consultant in the relevant surgical specialty.
Anaesthetic complications can cause severe and life-altering consequences including brain injury from hypoxia, awareness under anaesthesia, nerve damage, or death. These cases require specialist anaesthetic expert evidence and often overlap with serious injury claims.
Negligence during pregnancy, labour or postnatal care can result in serious and permanent injury to mother or baby. Common birth injury claims include:
Birth injury cases are among the most complex and highest-value medical negligence claims. They typically involve multiple expert disciplines and can include lifelong care needs, loss of earnings capacity and significant adaptation costs.
In some cases, particularly those involving neurological injury to a child during birth, Legal Aid may be available under the Exceptional Case Funding scheme. The NHS Resolution Early Notification Scheme also applies to certain birth-related brain injuries, providing a faster route to investigation and early admission of liability in qualifying cases. We can advise on funding options as part of your free initial assessment.
Dental treatment claims arise where substandard care causes avoidable harm. Common examples include incorrect tooth extractions, avoidable nerve damage to the inferior alveolar nerve, poor infection control, and failure to diagnose oral cancer or periodontal disease in good time.
Failure to triage correctly, misinterpret blood results or imaging, or discharge a patient prematurely can cause serious and irreversible harm. A&E negligence claims frequently involve stroke, sepsis, cardiac events or serious fractures that were not identified or not treated within the required timeframe.
Mental health negligence claims may arise from failure to adequately assess suicide or self-harm risk, inappropriate discharge from inpatient care, negligent prescribing of psychiatric medication, or failure to refer to appropriate specialist services. These cases require expert psychiatric evidence and careful consideration of causation.
Some medical negligence cases result in catastrophic, life-changing injuries including:
These claims involve lifelong care costs, loss of earnings and specialist rehabilitation needs. For more information on catastrophic injury claims, see our serious injury claims page.
NHS compensation is assessed in two parts: general damages for the injury itself, and special damages for financial losses. The table below shows typical general damages ranges for common NHS negligence injury types.
| Injury Type | Typical General Damages |
|---|---|
| Minor surgical error, full recovery | £5,000 – £15,000 |
| Delayed diagnosis, moderate long-term impact | £20,000 – £60,000 |
| Serious surgical injury, permanent effect | £40,000 – £120,000 |
| Brain injury (moderate) | £56,890 – £289,420 |
| Cerebral palsy (birth injury) | Severe cases in the region of £372,570 – £533,720 |
| Spinal cord injury (paraplegia) | £289,420 – £375,540 |
These figures are a guide only; your actual award depends on your specific medical evidence, and special damages are assessed separately.
Your total settlement will be significantly higher once financial losses are added. See the NHS compensation calculator for a full breakdown by injury type.
NHS medical negligence compensation payouts can vary widely, from a few hundred pounds to several million pounds, depending on the severity and impact of the injury. The most serious spinal injuries, such as tetraplegia, attract general damages up to around £533,720, with total settlements including lifetime care running well into seven figures.
NHS compensation awards are calculated by combining two elements:
General damages compensate for pain, suffering and loss of amenity , the personal impact of the injury on your life. These are assessed using the Judicial College Guidelines, which provide standard valuation brackets for different types and severities of injury, cross-referenced against medical evidence and relevant case law. Minor surgical errors may attract general damages of £5,000 to £15,000. Serious birth injuries involving cerebral palsy can attract general damages in the region of £372,570 to £533,720, with total settlements including lifetime care running well into seven figures.
Special damages cover proven financial losses, both past and future. These include:
In catastrophic injury cases, such as severe brain injury, spinal cord injury or serious cerebral palsy, special damages routinely exceed general damages by a significant margin and are calculated using expert evidence from a care expert, employment consultant and, where future costs are substantial, an independent financial analyst. Total settlements in the most serious cases can reach seven figures or beyond. There is no fixed average NHS compensation payout. Each case is assessed individually on its specific facts, medical evidence and financial losses.
Medical negligence claims are built on documentary and expert evidence. The stronger your evidence, the stronger your claim.
Medical records. All relevant NHS and private medical records are obtained early in the process. These include GP notes, hospital records, clinic letters, operative notes, anaesthetic records, nursing notes, imaging reports and pathology results. Obtaining complete records is often the first step in a claim and can reveal whether proper protocols were followed.
Independent expert reports. Independent medical evidence is the cornerstone of any medical negligence claim. An expert in the relevant specialty, for example a consultant oncologist for a delayed cancer diagnosis, or a consultant obstetrician for a birth injury, will review the records and provide a report on whether the treatment fell below the required standard and whether that breach caused the harm suffered.
Financial documentation. Special damages must be supported by evidence. This includes payslips and tax returns for lost earnings, invoices and receipts for care and treatment costs, and evidence of other out-of-pocket expenses. Future financial losses are assessed with input from expert witnesses where the amounts are significant.
Witness evidence. Your own account of what happened, how it affected you, and how your life has changed is important evidence. In serious cases, evidence from family members about the care they provide, and from employers about the impact on your work, can also be relevant.
Approximately 83% of NHS clinical negligence claims are resolved without going to court. (Source: NHS Resolution Annual Report and Accounts 2024/25.)
“You are entitled under UK GDPR to a complete copy of your medical records free of charge, this is the foundation of every clinical negligence claim.
You usually have:
The date of knowledge rule is particularly important in medical negligence cases. Patients often do not know that their treatment was negligent until years later, for example when a delayed cancer diagnosis comes to light, or when a birth injury is later attributed to mismanagement of labour. In those cases, the three-year period runs from when you knew or ought reasonably to have known, not from the date of treatment.
Exceptions apply where the injured person lacks mental capacity. If you lack mental capacity to manage your own affairs, the three-year limitation period does not apply. If the patient is under 18, a parent or guardian can make a claim on their behalf at any time, and if no claim is made, the child has until their 21st birthday to start a claim themselves.
Yes. Medical negligence claims are funded by a Conditional Fee Agreement, commonly known as a No Win No Fee agreement.
Most NHS negligence claims can be pursued on a No Win No Fee basis, which includes an insurance policy protecting claimants from costs during the claim process. In birth injury cases and other claims involving children or those who lack mental capacity, alternative funding arrangements including Legal Aid may be available. We will advise on the most appropriate funding option during your free initial assessment.
For more information see what percentage do solicitors take on No Win No Fee cases.
| Typical Medical Negligence Firm | Hannah Gold Solicitors |
|---|---|
| 25% success fee (maximum allowed) | 20% success fee |
| Claims handled by case handlers and paralegals | Your claim handled by a senior solicitor throughout |
| Generic personal injury approach | Specialist focus on medical negligence and NHS claims |
| Limited expert network | Access to independent medical experts across all NHS specialisms |
| Focus on early settlement | Full valuation including future care and loss of earnings |
If you believe you have suffered due to negligence that occurred during your NHS care or treatment, you have the right to make a claim against the NHS. This claim can include compensation for pain, suffering, and financial losses such as medical expenses, loss of earnings, and the cost of private treatment if required. Our expert legal team of NHS medical negligence solicitors can provide expert legal advice to help you navigate the complex claims process and secure fair compensation.
Most NHS negligence claims are handled on a No Win No Fee basis, meaning there are no upfront costs or financial risks. You only pay legal fees if your claim is successful, reducing financial barriers to securing compensation. This arrangement includes insurance to protect you from costs during the claim process.
The NHS is a national health service that provides healthcare to millions, but sometimes negligence by a healthcare professional or healthcare provider can result in medical accidents causing avoidable harm. When this happens, medical negligence compensation is a vital tool to hold the NHS accountable and ensure that future patients receive safer medical care.
The claim process involves obtaining independent medical expert reports to prove that negligence occurred and that it caused your injury or further harm. NHS Resolution, the body responsible for managing claims against the NHS, typically responds within four months to a letter of claim. If liability is admitted, compensation amounts are negotiated based on the severity of injury and financial losses. Cases where liability is disputed may require legal action, but most claims are settled without court proceedings.
Securing compensation not only helps cover medical expenses and loss of earnings but can also fund rehabilitation and private treatment if NHS care is delayed or inadequate. It also contributes to improving standards within the health service by highlighting areas where negligence occurred.
If you are considering making a claim against the NHS, early expert legal advice is essential to ensure you meet the three-year time limit for NHS negligence compensation claims and to help you understand the potential compensation amount you could be awarded. Our legal team has a proven track record of securing fair compensation amounts for clients and can guide you through every step of the process.
Members of APIL (the Association of Personal Injury Lawyers) and regulated by the Solicitors Regulation Authority.
Yes. You can make a compensation claim if NHS treatment caused you avoidable harm due to negligence. Claims are handled through NHS Resolution, not against individual doctors or nurses personally. You must prove the NHS breached its duty of care and that the breach caused injury. Independent medical evidence is essential.
You usually have three years from the date of negligence, or three years from when you became aware that harm was caused by negligence. For children, the time limit runs from their 18th birthday. Exceptions apply in cases involving mental capacity. Early legal advice is strongly recommended.
There is no fixed average. Compensation depends on injury severity, long-term impact and financial losses. Minor cases may settle for several thousand pounds. Serious injury cases involving lifelong care, disability or loss of earnings can result in multi-million pound settlements assessed using the Judicial College Guidelines.
Straightforward claims may settle within 12 to 18 months. Complex cases involving serious injury, disputed liability or extensive expert evidence can take two to four years or longer. Most claims settle without going to trial once evidence is gathered and liability is established.
Yes. Most medical negligence claims settle without trial once independent expert evidence is obtained and liability is established. NHS Resolution investigates claims and negotiates settlement where negligence is proven. Court proceedings are reserved for cases where settlement cannot be reached.
The NHS paid out around £3.1 billion in clinical negligence compensation and associated costs for the period 2024/25, an increase of roughly 10% on the previous year. NHS Resolution received 14,428 new clinical negligence claims and reported incidents in the same period. (Source: NHS Resolution Annual Report and Accounts 2024/25.)
These claims cover a wide range of issues including delayed treatment, misdiagnosis, surgical errors, and inadequate aftercare, all forms of medical negligence that can cause significant harm and additional medical expenses for patients.
“The Bolam / Bolitho test asks whether the treatment fell below the standard of a reasonable body of doctors, not whether the outcome was bad, but whether the care was.
If you believe you have suffered harm due to NHS negligence, early legal advice is essential, both to preserve evidence and to ensure you are within the limitation period.
Hannah Gold Solicitors: specialist NHS compensation claim solicitors. Over £21 million recovered. 20% success fee. No Win No Fee. Acting for clients across England and Wales.
Speak to a specialist medical negligence solicitor today. No Win No Fee with a 20% success fee on every accepted claim.
£21 million recovered · Established 2011
No Win No Fee means you pay nothing upfront and nothing at all if your claim does not succeed. If you win, a success fee is deducted from your compensation. On most personal injury claims we charge 20%, lower than the 25% maximum many firms apply; some lower-value Official Injury Claim portal cases are charged at a different rate, which we always explain clearly before you sign.
Specialist guidance for catastrophic and life-changing injury claims including brain injury, spinal cord injury and amputation.
Read Guide →A comprehensive guide to UK personal injury and medical negligence compensation values by injury type.
Read Guide →How to claim compensation for injuries and losses following a road traffic accident in England and Wales.
Read Guide →Speak with a specialist
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