No Win No Fee Medical Negligence Claims

Do you have a strong case for a medical negligence claim? Arrange a FREE consultation and discuss your claim with the experts at First4Lawyers to find out.

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First4Lawyers are an award-winning claims management company. Their No Win No Fee lawyers will take a success fee from compensation awarded in winning cases – this is typically 25%.

Medical Negligence Claims UK: Your Questions Answered

1. How long does a medical negligence claim usually take?

A medical negligence claim can take many months or even several years to conclude, depending on complexity. Straightforward cases where fault is admitted might settle in 12 – 18 months (sometimes under a year) (How long does a medical negligence claim take?). However, disputed or complex cases (for example, high-value claims or those requiring multiple expert reports) often take 2 – 3 years or more (How long does a medical negligence claim take?). NHS Resolution data shows the average time from a claim being formally notified to settlement is about 1.7 years (NHS Resolution annual report and accounts 2023 to 2024). Keep in mind this is an average – some claims resolve faster, while others (especially if court litigation is needed) can extend 3 – 5 years in extreme cases.

Several factors affect the timeline: gathering medical records and expert evidence alone can take 6 – 12 months (How long does a medical negligence claim take?). If liability is denied and the case proceeds to court, additional time is needed for issuing proceedings, exchanging witness statements and expert reports, and possibly a trial. Overall, patience is needed – even after starting a claim, the process is methodical. The NHS or defendant is given a fixed period (usually 4 months) to investigate and respond to your claim before court action, which adds to the timeframe. In summary, most claims take at least a year or two to resolve, and longer if contested, but every case is unique.

(Note: There is a legal time limit of three years from the negligent incident (or from when you first realized you were injured by negligence) to start a claim in court in England and Wales (Time Limit for Medical Negligence Claims | Thompsons Solicitors). So, while the claim process itself may take years, you must initiate it within 3 years. The same 3-year limit generally applies in Scotland. Exceptions exist for children and those under a disability.)

2. Is it worth doing no win no fee?

For most people, “no win, no fee” arrangements (formally called Conditional Fee Agreements) are very much worth it. They allow you to pursue a meritorious claim without paying upfront fees and with reduced financial risk if the case is unsuccessful (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority) (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority). Medical negligence cases can be expensive to run (due to expert reports, court fees, etc.), and losing a case would ordinarily leave you out of pocket – a daunting prospect. Under a no win, no fee deal, if you don’t win, you typically don’t pay your solicitor’s fees, giving you peace of mind to seek justice (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority).

When these agreements work as intended, they help people enforce their rights when they otherwise couldn’t afford legal action (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority). In fact, no win no fee has become the standard way most claimants fund personal injury and medical negligence claims in the UK. It opens access to specialist lawyers who agree to “share the risk” of the case (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority). If the case is successful, the solicitor’s fees (and a success fee) are taken from the compensation awarded, usually as a pre-agreed percentage (more on that below in Question 8). If the case fails, those fees are waived – you would usually just be responsible for any minimal out-of-pocket expenses or insurance premiums, if applicable.

Bottom line: Yes, it is generally “worth it” to use a no win no fee arrangement if a solicitor is willing to take your case. It enables you to pursue compensation without worrying about legal bills if the claim doesn’t succeed. Just be sure to discuss and understand the terms – for example, what percentage of your compensation the solicitor will deduct as a success fee if you win, and whether you need “after the event” insurance to cover the other side’s costs in the rare event the claim fails. With those precautions, a no win no fee agreement greatly reduces the financial barriers to making a medical negligence claim (SRA | No win, no fee agreements: A guide to navigating them | Solicitors Regulation Authority).

3. What is classed as medical negligence?

Medical negligence (also called clinical negligence) refers to a situation where a healthcare professional breaches their duty of care to the patient in a way that causes harm. In legal terms, negligence is established if a medical treatment or diagnosis fell below a reasonable standard of skill or competence, and this substandard care directly resulted in an injury or worse outcome that would likely have been avoided with proper care (NHS Resolution annual report and accounts 2023 to 2024). In short, the care provider did something (or failed to do something) that a competent similarly-qualified professional would not have done, and the patient suffered as a result.

For example, a doctor, nurse, or surgeon may be negligent if they make a serious error such as misdiagnosing a condition, making a mistake during surgery, prescribing the wrong medication, or failing to obtain informed consent, provided that this error causes harm. It’s not enough that the care was substandard; it must cause injury or make an existing condition worse (What Is Medical Negligence? Compensation Guide | Irwin Mitchell). We don’t have a right to perfect outcomes, only to treatment that meets a reasonable standard. Thus, poor outcomes alone aren’t negligence – it must be shown that the provider failed to meet the standard of care that could reasonably be expected.

To be classed as medical negligence in a legal claim, two key elements must be proven:

• Breach of duty: The healthcare professional or institution did not provide care to the accepted standard of the medical community (this is often assessed via the “Bolam test” – essentially, would a responsible body of medical opinion consider the care defensible?).
• Causation: That breach of duty caused injury or loss to the patient. In other words, the patient would not have suffered that harm “but for” the negligence.

If both are present on the balance of probabilities, it qualifies as medical negligence. In summary, medical negligence = substandard medical care + resulting harm to the patient (NHS Resolution annual report and accounts 2023 to 2024). Common examples that could be classed as negligence include surgical mistakes (like operating on the wrong site or leaving an instrument inside a patient), medication errors, missed or incorrect diagnoses leading to harm, or not acting on test results, among others. Each case is fact-specific, so if you suspect negligence, it’s wise to consult a solicitor who can review whether your treatment likely fell below acceptable standards and caused you injury.

4. What is the average settlement for medical negligence resulting in death (UK)?

Compensation in fatal medical negligence cases varies widely and there isn’t a single “average” payout that fits all situations (What Is The Average Payout For Medical Negligence Resulting In Death?). Every case of negligence leading to death is unique – the amounts awarded depend on the circumstances of the death and its impact on the family. Unlike some injury claims, for a death claim the compensation is not only for the pain/suffering of the deceased, but also for the losses suffered by their dependents and family.

That said, several components are typically involved in a fatal claim:

• Bereavement Award (England & Wales): This is a fixed statutory sum set by law for certain relatives. As of recent years, this award is £15,120 (for deaths after 1 May 2020) (How Much You Can Claim For Medical Negligence | Hugh James), shared between eligible claimants (usually the spouse or civil partner of the deceased, or parents in the case of a deceased child). This is essentially a token recognition of grief – it’s a relatively small, fixed sum.
• Pain and Suffering of the Deceased: If the person who died experienced conscious pain, suffering, or loss of amenity before death (for example, an injury that eventually led to death after some period), the estate can claim damages for that suffering prior to death (How Much You Can Claim For Medical Negligence | Hugh James). This is assessed like a personal injury claim the person would have had if they survived (for the period between negligence and death).
• Dependency Claims: These often form the largest part of a fatal negligence payout. Financial dependency damages compensate for loss of income and support that the deceased provided to their dependents (such as a spouse and children). For example, if the deceased was the breadwinner, the family can claim the income they have lost. There’s also loss of services (for example, if the deceased provided childcare or care to a relative, the value of replacing that care can be claimed) (How Much You Can Claim For Medical Negligence | Hugh James).
• Funeral expenses: Reasonable funeral costs can be recovered by the estate (How Much You Can Claim For Medical Negligence | Hugh James).
• Loss of consortium or companionship: In Scotland (and in England/Wales outside the fixed bereavement award), families can claim for the loss of the love, society and guidance of the deceased. In Scotland these awards (often called “loss of society” damages) are not fixed by statute and can be tens of thousands of pounds per close family member, as determined by the courts.

Given all these factors, total payouts can range widely. Many straightforward fatal claims result in settlements in the five or low six figures (tens of thousands of pounds) – for example, a retired person with no dependents might only attract the bereavement award and funeral costs, whereas a working parent with young children could lead to a much larger dependency claim. In some cases, compensation for a wrongful death can reach hundreds of thousands of pounds. For instance, a death of a high-earning individual leaving behind a dependent family could exceed £500,000 (What Is The Average Payout For Medical Negligence Resulting In Death?) when you total lost earnings and benefits over the family’s expected dependency period.

It’s also useful to know that, across all medical negligence claims (not just fatalities), the average payout is around £50,000 according to NHS Resolution statistics (Frequently Asked Questions For Medical Negligence Compensation Claims). Fatal cases often exceed that average because of the additional factors like dependency. Indeed, one legal guide cites “Death – up to £550,000+” as a potential range including all claim elements for a very substantial fatal claim (What Is The Average Payout For Medical Negligence Resulting In Death?). But no two cases are the same: there is no standard payout for a death. The compensation is calculated case-by-case, considering the deceased’s age, income, family circumstances, and the specifics of the negligence.

In summary, average settlement figures for a death don’t tell the full story – a better way to think of it is that a fatal negligence claim in the UK will typically include a fixed bereavement sum (~£15k in E&W) (How Much You Can Claim For Medical Negligence | Hugh James) plus coverage of financial losses and other damages which can range from very little to very substantial. Modest fatal claims (no dependents, minimal suffering) might be on the order of £15,000 – £50,000. Significant fatal claims (especially where the deceased supported a family) often fall in the six figures (£100,000+). And in the most serious cases with young dependents or major lost earnings, payouts can reach half a million pounds or more (What Is The Average Payout For Medical Negligence Resulting In Death?). Each claim is assessed individually to ensure the compensation reflects that particular loss.

(Note: Scotland does not have the same fixed bereavement award as England & Wales. Instead, Scottish courts award damages to relatives for grief and loss of companionship, which often are higher than the English fixed sum. The overall compensation in Scottish fatal claims will similarly include lost support, services, and funeral costs. The principles are comparable, but the framework for awards differs.)

No Win No Fee Medical Negligence Claims

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5. How do I prove medical negligence in the UK?

Proving a medical negligence claim requires clear evidence of two things: (1) that the care you received was negligently below acceptable standards, and (2) that this negligence caused your injury or loss. In practice, establishing these points means tackling both breach of duty and causation:

• Breach of duty (substandard care) – You must show that the doctor or healthcare provider did something wrong (or failed to do something) that a competent professional would not have done. UK law uses a “reasonable practitioner” standard – essentially, did the care fall below a reasonable standard of skill and care? This is judged by medical experts. You do not need to prove the treatment was the “best possible”, only that it was worse than what would be considered reasonable by the medical profession. Independent expert testimony is critical here: a medical expert in the same field reviews the records and gives an opinion on whether the care was negligent. For example, if a GP missed obvious signs of cancer that most competent GPs would have spotted, or a surgeon deviated from standard practice leading to injury, an expert report would state that the care fell below standard. Without an expert supporting breach of duty, cases generally cannot succeed.
• Causation (harm resulting) – You also must demonstrate that the substandard care directly resulted in harm to you. This means showing on the balance of probabilities (more than 50% likely) that the bad treatment caused or materially contributed to your injury, as opposed to the harm being caused by underlying disease or mere unfortunate outcome. This often requires expert evidence as well. For instance, if a patient’s condition worsened, the expert must opine that it was because of the delay or error, and not something that would have happened anyway. Causation can be the hardest part to prove in many cases. It’s not enough to show a mistake happened; you need to link that mistake to the injury suffered.

To gather proof, you will rely on documents and expert opinions. Key evidence includes:

• Medical records – These are the first step. Your solicitor will obtain all relevant records (hospital notes, GP records, test results). The records document what was done and can sometimes reveal errors or omissions.
• Witness statements – Your own statement (and family members’ statements, if relevant) can describe what happened and the impact on you. While these can’t prove technical negligence, they provide context and show the before-and-after.
• Independent medical expert reports – These are usually the cornerstone of proving negligence. An expert doctor (independent of the ones who treated you) will review the records and give an opinion on whether there was a breach of duty and whether that likely caused the outcome. For example, an expert might conclude a reasonably competent surgeon would not have cut a certain artery, and that the patient’s complications were caused by that mistake. Expert evidence is often mandatory in clinical negligence claims (Advice for claimants – NHS Resolution). In fact, claims are “often complex and may require expert evidence, particularly in respect to causation” (Advice for claimants – NHS Resolution). Courts rely heavily on these expert testimonies since judges are not medical experts themselves.
• Other evidence – This could include things like medication charts, internal investigations by the hospital (Serious Incident Reports), guidelines that were not followed, etc., to establish what went wrong.

In summary, to prove medical negligence you and your legal team will need to demonstrate that the care fell below acceptable standards and caused injury – using medical evidence. Usually this means your solicitor will gather your medical records and have them reviewed by independent medical experts in the relevant specialty (What Is Medical Negligence? Compensation Guide | Irwin Mitchell) (What Is Medical Negligence? Compensation Guide | Irwin Mitchell). Those experts essentially testify that (a) negligence occurred and (b) it resulted in the harm. If the expert evidence supports both points, you have a strong case. If it doesn’t, then you won’t be able to prove the claim.

It’s worth noting the burden of proof is “on the balance of probabilities” – basically “more likely than not”. This is a lower threshold than “beyond reasonable doubt” (which is for criminal cases). So you must tip the scale to at least 51% in showing the doctor’s negligence caused your injury. With solid expert reports, that can be achieved. But without supportive experts, a claim will fail. That’s why getting the right expert evidence is crucial in proving a medical negligence claim in the UK.

6. How much does NHS medical negligence cost?

Medical negligence claims impose a significant cost on the National Health Service each year. In England (where the vast majority of claims arise), the NHS’s payouts for clinical negligence have been steadily rising. In the 2023/24 financial year, NHS Resolution (the body that handles claims in England) paid out about £2.8 billion in compensation on clinical negligence claims (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law). This was an increase from roughly £2.6 billion the year before (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law), and nearly quadruple what it was 15 years prior (Negligence in the NHS: liability costs – House of Lords Library). To put that in perspective, £2.8 billion is roughly 1.5 – 2% of the entire NHS England budget (as of a few years ago it was 1.5% at £2.2bn in 2020/21 (Negligence in the NHS: liability costs – House of Lords Library), and it’s grown since). It’s a substantial amount – for context, £2 – 3 billion could fund thousands of doctors or nurses, so there’s ongoing concern about the impact of these costs on NHS resources.

Breaking down that cost:

• Damages vs. Legal Costs: Not all of the money goes directly to patients. A large portion does, but a chunk goes to legal expenses. In 2023/24, about three-quarters of the £2.8bn was paid in compensation to patients as damages, and just over a quarter covered legal costs (both claimants’ and NHS’s legal costs) (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law). So roughly, patients received around £2.1 billion in damages and around £0.7 billion went to legal costs that year.
• Trend: The cost has been rising. For example, a NHS Resolution report noted payments were £2.2 billion in 2020/21 (Negligence in the NHS: liability costs – House of Lords Library) (slightly down from the previous year due to pandemic delays), but jumped to £2.7 billion in 2022/23 (NHS negligence claims: £2.7bn cost prompts renewed calls for …) and £2.82 billion in 2023/24 (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24) (a new record high). So the trend is upward, prompting discussions on how to reduce harm (and thus claims) and manage legal costs (NHS medical negligence statistics hub – Patient Claim Line).
• Provisions for future: In addition to actual payouts each year, the NHS has a massive provision (money set aside for expected future claims). The Department of Health’s accounts in recent times have earmarked tens of billions of pounds for known negligence liabilities. For instance, as of 2022-23, around £21 billion was set aside just for known outstanding clinical negligence cases (with even more when including future unknown cases) (Department of Health Sets Aside £21 Billion for Negligence Cases – But Has No Idea if Situation is Getting Better or Worse – Byline Times). Obstetric (maternity) claims are particularly costly – e.g. birth injury cases can involve lifelong care costs, leading to multi-million-pound settlements and a large portion of the total bill each year (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24).

Outside England, the numbers are smaller but still significant relative to the size of the systems:

• Wales: The annual payouts in Wales are much lower (population is smaller) – on the order of tens of millions of pounds per year (historically, around £60 – £100 million annually in recent years, though this can fluctuate). Wales has its own NHS Wales Shared Services Partnership handling claims.
• Scotland: NHS Scotland runs a scheme called CNORIS for negligence claims. Again, costs there are in the tens of millions per year. (For example, a few years back it was reported the forecast cost of claims in Scotland was about £80 million for a year, and rising.)

The question most likely is focusing on NHS England, where data is most readily available. So the headline is: NHS medical negligence now costs over £2.5 – £3 billion a year in payouts in the UK. Specifically £2.8 billion in 2023/24 for England alone (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). This figure includes compensation to patients and legal fees. About 80% of NHS claims are settled without court (which helps avoid even higher costs) and the NHS is working to keep claims costs down, but the annual bill remains very high.

In summary, the cost to the NHS is massive – currently close to £3 billion per year in England (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24), which reflects compensation for thousands of harmed patients and the legal expenses associated with those claims. It’s a notable portion of healthcare spending, and it continues to be a topic of concern for policymakers and the health service.

7. Do medical negligence claims go to court?

Most medical negligence claims do NOT go to a full court trial. In fact, the vast majority are resolved through negotiation or mediation out of court. NHS Resolution (which defends NHS claims in England) has reported that over 80% of claims are settled without needing formal court proceedings at all (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). Even when a lawsuit is filed, it’s still unlikely to reach the stage of a courtroom trial. The common trajectory is that the parties investigate the claim, exchange evidence and arguments, and often reach a settlement before it ever goes before a judge.

For example, in 2022/23 about 4 out of 5 NHS claims were resolved without issuing court proceedings (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). Even among those cases where court proceedings were initiated (a claim was formally filed in court due to disputes or to preserve limitation deadlines), only a tiny fraction end up in a trial where a judge delivers a verdict. Recent statistics are telling: in one year (2023/24), of roughly 2,500 clinical negligence cases where litigation was started, only 29 cases went all the way to a court trial (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). That is just over 1% of the litigated cases – essentially a handful of trials out of thousands of claims.

The reasons are that going to trial is expensive, time-consuming, and risky for both sides. If liability (fault) is reasonably clear, the NHS often will admit negligence and focus on settling the compensation amount. If there’s a dispute, both sides typically continue negotiating after proceedings begin. Settlement can occur at any stage, even a week before a scheduled trial. There is also increasing use of Alternative Dispute Resolution (ADR) methods like mediation to settle claims without a court battle. The NHS has encouraged mediation and early settlement to avoid unnecessary courtroom fights.

What does this mean for claimants? Your claim is very unlikely to be heard in a courtroom setting where you have to give evidence in front of a judge. It can happen, especially in very contentious cases or where there’s a principle at stake, but it’s not the norm. Many people are understandably nervous about “going to court,” but in reality, the majority of cases are resolved on paper or in settlement meetings (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). If your case does go to court, know that it’s usually a judge deciding the matter (there’s no jury in civil medical negligence trials in the UK), and your lawyers will prepare you and represent you through that process.

In summary: Only a small percentage of medical negligence claims end up in court hearings. Over 80% settle without even issuing court proceedings (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24), and of those that do proceed, most still settle before trial. It’s fair to say that the typical claim will be settled by agreement – with compensation paid – rather than decided by a judge. This is good news if you’re worried about the stress of a court case. Nonetheless, you should pursue a claim with the willingness to litigate if necessary (to show you’re serious), but in all likelihood, you won’t have to actually give evidence in a trial scenario.

8. What percentage do solicitors take for no win no fee?

Under a no win, no fee agreement, if your case is successful your solicitor will deduct a success fee from your compensation. This success fee is essentially a reward for the risk they took in funding the case. By law, in England and Wales the success fee in personal injury and clinical negligence cases is capped at a maximum of 25% of the compensation (25% of the damages awarded for your pain, suffering, and past losses) (Range of success fee agreements open up to Scottish solicitors as damages-based arrangements begin – Harper Macleod LLP). In practice, many solicitors will indeed charge 25% as the success fee, though in some cases it could be less – but it cannot exceed 25% as a percentage of your award for those heads of loss.

It’s important to note that the success fee only applies if you win. If you lose under a no win, no fee (CFA) agreement, you pay the solicitor nothing for their fees (though you might still be responsible for certain expenses unless you have insurance). If you win, the solicitor’s normal fees are usually paid by the defendant (for example, the NHS or insurance company will pay the bulk of the legal costs), but the success fee portion comes out of your compensation. This is because since April 2013, success fees are not recoverable from the defendant – they come from the winnings of the client, subject to that cap.

In Scotland, the system is slightly different due to recent legal changes. Scotland introduced specific caps on success fees through the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. For personal injury and medical negligence claims in Scotland, the maximum success fee is on a sliding scale of the damages:

• 20% of the first £100,000 of damages,
• 10% of the portion between £100,000 and £500,000,
• 2.5% of any damages over £500,000 (Range of success fee agreements open up to Scottish solicitors as damages-based arrangements begin – Harper Macleod LLP).

This means if you won £600,000 in Scotland, a solicitor’s success fee could be up to 20% of the first £100k, 10% of the next £400k, and 2.5% of the last £100k. (In that example, that totals £20k + £40k + £2.5k = £62.5k, which is roughly 10.4% of the award). These Scottish caps include VAT and are slightly different from England’s flat 25% cap (Range of success fee agreements open up to Scottish solicitors as damages-based arrangements begin – Harper Macleod LLP). Also, in both Scotland and E&W, different cap rules apply for other types of cases (e.g., commercial cases can have higher percentages), but for injury/negligence claims those are the maxima.

Here is a summary of typical success fee caps:

In practice, most no win no fee solicitors take 25% in England/Wales – that’s a common market standard (and many explicitly advertise no more than 25%). In Scotland, solicitors will adhere to the above tiered limits (which overall often works out to a bit less than 25% for larger claims).

Keep in mind:

• The success fee is intended to cover the cases the solicitor loses (where they get nothing). It’s basically a way of averaging risk.
• The percentage is applied only to your net compensation (usually excluding any future care costs element). For England/Wales, the 25% cap by law applies to general damages and past financial losses, not future losses, to protect funds needed for future care.
• Always check the exact terms in your agreement. Reputable solicitors will make it clear: e.g., “success fee = 25% (inclusive of VAT) of damages recovered.”

So, as a claimant, you can generally expect that around 20 – 25% of your award will go to the solicitor as a success fee if you win on a no win, no fee basis (in line with the legal caps). This is zero if you lose. No win, no fee is still often a good deal for claimants, as without it you might not be able to pursue the case at all. Just be aware of that percentage deduction when you agree to the terms.

(Note: In addition to the success fee, if your solicitor has paid expenses (expert report fees, court fees, etc.), those are usually reclaimed from the losing side if you win. You may need insurance (ATE insurance) to cover the other side’s costs if you lose – your solicitor will advise. The 25% cap doesn’t include those disbursements or insurance premiums – it’s specifically the lawyer’s success uplift on fees.)

No Win No Fee Medical Negligence Claims

Do you have a strong case for a medical negligence claim? Arrange a FREE consultation and discuss your claim with the experts at First4Lawyers to find out.

Start with a FREE Consultation

9. Can I make a medical negligence claim without a solicitor?

Technically, yes, you can pursue a medical negligence claim as a “litigant in person” (without a solicitor), but it is generally not advisable in all but the most straightforward of cases. Medical negligence litigation is one of the most complex areas of law – it requires understanding medical terminology, procuring expert medical evidence, and navigating court rules and legal tests. While there’s no law forcing you to use a solicitor, practically speaking, you’ll be at a significant disadvantage without professional legal representation.

Here are some points to consider:

• Complexity: Clinical negligence cases involve complex legal and medical issues. You would need to follow the Pre-Action Protocol for Clinical Disputes, draft detailed letters of claim and particulars of claim, and understand concepts like breach of duty, causation, and quantification of damages. There are also strict rules of evidence and procedure. It’s a steep learning curve for a non-lawyer.
• Expert Evidence: As discussed earlier, obtaining supportive independent expert medical evidence is crucial. In practice, litigants in person often find it difficult to instruct independent medical experts themselves (Clinical negligence claims: litigants in person). Many reputable experts are reluctant to work directly with a claimant in person – they are used to dealing with solicitors who can frame the legal questions appropriately and ensure payment of the expert’s fees. Without an expert, your claim cannot succeed. This is a major hurdle if you go solo.
• Identifying Defendant and Funding: You’ll need to identify the correct defendant (for example, the NHS trust or GP to sue) and handle court fees and expenses. There’s no legal aid for most negligence cases (except some birth injury cases), so you’d be funding the case yourself. By contrast, a solicitor can work no win, no fee and cover expenses until the end.
• Legal Strategy: The NHS (or other defendant) will have experienced solicitors (and barristers) defending the claim on their side. Without your own solicitor, you’d be up against seasoned legal professionals. It can be overwhelming to handle correspondence, negotiate a settlement, or argue legal points on your own.
• Court Procedure: If the case proceeds, you must comply with court deadlines, draft pleadings, disclose documents, etc. Mistakes in procedure can jeopardize your claim (cases can be struck out if not conducted properly).

That said, it is possible. There are a few resources to help individuals:

• AvMA (Action against Medical Accidents) – a patient charity that provides independent advice. They have guides for litigants in person and can sometimes help find pro bono advice. For instance, AvMA’s guide notes how tricky these cases are and provides detailed steps, but it’s still challenging to do alone.
• Citizens Advice or Law Centres – they can give general guidance on court forms and process, but not specialist legal advice on the merits of a medical claim.
• Ombudsman vs. legal action – If your aim is mainly to get answers or apologies, using the NHS complaints procedure and the Parliamentary & Health Service Ombudsman (for England; or Public Services Ombudsman in Wales/Scottish Public Services Ombudsman) might be an alternative. The Ombudsman can investigate clinical complaints for free, but note they can only recommend limited compensation and are not a substitute for a negligence lawsuit seeking full damages.

Given the complexity, virtually all successful medical negligence claims are handled by specialist solicitors. These solicitors typically work on a conditional fee (no win, no fee) basis, meaning you don’t need to pay them upfront and they handle the heavy lifting of obtaining experts and dealing with the legal process. Considering that experts are often unwilling to take instructions directly from claimants (Clinical negligence claims: litigants in person), a solicitor’s involvement is often necessary just to get the evidence needed.

In summary: Yes, you can make a claim without a solicitor – there’s no legal barrier to acting on your own behalf. However, it is highly challenging to succeed on your own due to the technical nature of these claims. The NHS and medical defence insurers will have legal teams; going against them pro se (without representation) is an uphill battle. Unless the case is very small or clear-cut, most people who have been through the process would strongly encourage using a specialist medical negligence solicitor. With no win no fee arrangements available, the cost barrier is lower, and the solicitor’s expertise greatly increases the chances of a successful outcome.

If you are determined to pursue it without a solicitor, make sure to do extensive research and utilize any advisory services (like AvMA or Citizens Advice). Be meticulous with protocol and deadlines, and understand you’ll still likely need to pay for expert reports out of pocket. But realistically, engaging a qualified solicitor is the recommended path for the vast majority of medical negligence claims.

10. Can the NHS be sued for negligence?

Yes – the NHS can absolutely be sued for medical negligence. If you have suffered harm due to negligent treatment under the NHS (for example, in an NHS hospital or by an NHS doctor), you have the right to bring a compensation claim against the responsible NHS entity. In fact, thousands of people do this each year. In 2023/24, for instance, the NHS in England received 13,784 new clinical negligence claims – which equates to about 38 claims per day (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law). So suing the NHS for negligence is not uncommon; it’s an established legal process.

A few clarifications on how it works:

• The NHS is not a single body you sue; you typically sue the specific NHS trust or health authority responsible for the care in question. For example, if the negligence occurred at an NHS hospital in London, the defendant might be “XYZ NHS Foundation Trust” which runs that hospital. If it was a GP or dentist, claims might be against the GP (with NHS indemnity) or the local health board. But from a patient’s perspective, it’s effectively suing “the NHS” for substandard care.
• NHS Resolution: In England, almost all NHS trusts are part of a national indemnity scheme. NHS Resolution (formerly NHS Litigation Authority) handles the claim on behalf of the NHS trust. So when you sue, you typically deal with NHS Resolution and their solicitors. They will investigate the claim and either settle or defend it. (In Wales, a similar role is played by NHS Wales Shared Services, and in Scotland by the health boards with support from CNORIS.)
• Suing the NHS follows the same legal principles as any clinical negligence claim. You must prove negligence and causation (as discussed in Q5). The fact that the care was free or state-provided does not immunize the NHS from liability. The NHS has a duty of care to patients just like any doctor-patient relationship.
• Procedure: Usually, your solicitor will send a Letter of Claim to the NHS trust outlining the case. The NHS (via NHS Resolution) has a reasonable time (usually 4 months) to investigate and respond. If they admit liability, the focus shifts to compensation. If they deny it, you can issue court proceedings against the trust. Ultimately, the NHS can be held liable and ordered by the court to pay damages, just like any other defendant.

In sum, being an NHS patient does not prevent you from seeking redress. You can take legal action against the NHS for negligence (Frequently Asked Questions For Medical Negligence Compensation Claims). Many cases are brought against NHS hospitals, GPs, mental health services, etc., when patients suffer avoidable harm. The law treats an NHS provider the same as a private provider in terms of liability – if they were negligent, they must compensate the patient.

Do keep in mind:

• There is a pre-action complaints process (the NHS Complaints Procedure) which is separate from litigation. Sometimes patients first make a complaint to get an explanation or apology. But a complaint alone will not result in compensation; for compensation, you proceed with a legal claim. You can do both in parallel – complain first, then sue, for instance.
• Suing the NHS doesn’t mean you are attacking the entire NHS; it is about that specific incident of care. The compensation is usually paid out of NHS Resolution’s pooled funds (or insurance), so you’re not taking money directly from an individual doctor’s pocket.
• The NHS can and does settle claims when they are at fault. Over half of claims result in compensation being paid (others are defended if the NHS believes there was no negligence) (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24).

England/Wales vs. Scotland: In England and Wales, the process and patient rights are very similar. In Scotland, you can likewise sue the NHS (i.e., the regional Health Board) through Scottish courts for clinical negligence – the legal test is essentially the same, though procedures differ slightly and there’s a separate system handling the claims. Northern Ireland has its own system too, but as noted, that’s outside our scope here.

So, the answer is YES – if you were injured by negligent medical care under the NHS, you can make a claim for compensation. This is a well-trodden path in the legal system, and specialist solicitors deal with NHS claims routinely. There’s even a government body (NHS Resolution) specifically to manage and resolve these claims (Frequently Asked Questions For Medical Negligence Compensation Claims), which underscores that suing the NHS is an established process. Your claim will be assessed on its merits just like any claim against a doctor or hospital.

11. How successful are medical negligence claims?

The “success rate” of medical negligence claims can be looked at in a few ways. One way is to ask: if a person starts a legitimate claim, how often do they end up receiving compensation? Data from NHS Resolution suggests that around half of all clinical negligence claims result in compensation being paid to the claimant. In 2023/24, for example, about 52% of concluded NHS clinical claims were settled with damages (compensation) paid (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law), with the remaining 48% closing with no payment (either the NHS successfully defended the claim or the claim was abandoned) (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). This 50/50 success rate has been fairly consistent in recent years – roughly half of claims are “successful” in the sense that the patient obtained a settlement or court award.

It’s important to interpret that correctly:

• Many claims that don’t result in compensation may include claims that were unproven, withdrawn, or discontinued by the claimant (sometimes after investigations show insufficient evidence). Not every rejected claim was definitively proven false; some just weren’t strong enough to win.
• On the flip side, a good portion of claims that do get paid are settled without an admission of liability. But from the claimant’s perspective, a settlement is still a success (they received compensation).

Another perspective is success if a solicitor takes on your case. Remember that solicitors screen cases before pursuing them (especially under no win, no fee). They generally only proceed if they see a reasonable chance of success (often significantly above 50% chance). Therefore, cases that do move forward with representation have a higher conditional likelihood of success – the very weak cases are filtered out. So, if a solicitor has agreed to represent you, the odds are likely better than a random 50/50. Indeed, some law firms claim very high success rates for the cases they accept (on the order of 80-90% of cases they take on eventually get compensation). That’s because they vet the cases beforehand.

From the NHS Resolution statistics across the board, about 70% of claims that are litigated (where proceedings are issued) are settled in favour of the claimant before trial, and only a small percentage go to trial (as noted above). When cases do go to trial, historically the NHS wins slightly more than it loses – but since so few go to trial (only 29 trials in a year, as noted), that has minimal impact on overall numbers.

To summarize the success likelihood:

• Overall (including unfiltered claims): Roughly half of all initiated claims receive compensation (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law).
• If a case has solid merit (filtered by a solicitor): The success probability is higher (because lawyers won’t pursue if they think chances are low). So a well-founded claim has a strong chance of a positive result, often via settlement.
• If it goes all the way to trial: It’s relatively rare, but at trial the win/lose could go either way – in recent years the NHS has won more cases than claimants at trial. However, trial outcomes only affect a tiny fraction of claims (much less than 1%).

It’s also worth noting that “success” can mean different things to claimants. Some measure success not just by getting compensation, but also by getting apologies or system changes. Many negligence claims are driven by a desire for answers or to prevent future harm, not purely money (NHS Medical Negligence Bill Hit £2.8 Billion in 2023-24). A large number of cases settle with the NHS offering compensation and often an apology or explanation as part of the settlement – which can be seen as a successful resolution from both a legal and personal standpoint.

In conclusion, medical negligence claims have a moderate success rate – about one in two claims results in a payout (Stats from the latest NHS negligence claims statistics 2023/24 – Blackwater Law). If your case is well-founded and handled by an experienced solicitor, your chances are likely significantly better than a coin toss. Each case turns on its facts and evidence, of course. The key is that if the negligence and harm can be clearly demonstrated, the NHS or insurer often will settle rather than fight a losing battle, leading to a successful claim for the patient.

12. How do I raise a medical negligence claim?

Raising a medical negligence claim involves a series of steps. It’s a formal process, but we can break it down into stages to make it clearer. Here is a step-by-step guide for England and Wales (Scotland is very similar in principle, with some procedural differences):

1. Attend to your health & gather initial information: First and foremost, make sure you have received any necessary treatment for the injury or illness caused by the negligence. Then start collecting any information you have about the incident. This includes hospital discharge summaries, test results, or even writing down your own recollection of what happened while it’s fresh. If you feel up to it, you might consider using the NHS complaints process to get an explanation or apology – this can sometimes yield useful information or admissions in writing. (Complaining is not required to make a claim, but it can run in parallel. Just note the complaint should ideally be made within 12 months of the incident.) Also, keep receipts of any extra costs you’ve incurred due to the negligent outcome (medication, travel, carers, etc.) (Claiming compensation for medical negligence | Disability charity Scope UK) – these could form part of your claim later.
2. Seek legal advice from a specialist solicitor: Contact a specialist medical negligence solicitor – this is arguably the most crucial step. Most law firms will offer a free initial consultation to hear your story and advise if you have a potential claim. It’s wise to speak to a few reputable firms and find a solicitor you trust and feel comfortable with (Claiming compensation for medical negligence | Disability charity Scope UK). Look for firms accredited in clinical negligence (for example, members of the Law Society’s Clinical Negligence Panel or AvMA panel). They will assess the basic merits: was there possibly negligence and significant harm? If they believe your case has merit, they may agree to take it on a no win, no fee basis (meaning no upfront cost to you). At this stage, also discuss the time limit: generally you must initiate court proceedings within 3 years of the negligence or when you discovered it (Time Limit for Medical Negligence Claims | Thompsons Solicitors) (in Scotland, also typically 3 years). If you’re close to that deadline, the solicitor might need to act quickly to “protect” the claim by issuing court proceedings in time. (For children, the 3-year clock doesn’t start until their 18th birthday; for those lacking mental capacity, it may not run at all.)
3. Investigation and gathering evidence: Once you formally engage a solicitor, you will sign an agreement (and likely a no-win-no-fee agreement). The solicitor will then do a detailed investigation. Key tasks include:
   • Obtaining all your medical records from the relevant NHS trusts, GPs, etc. (with your permission). By law, these should be provided within a month, but it can take a bit longer.
   • Instructing independent medical expert(s). The solicitor will identify appropriate specialists – e.g., if it’s a surgical error, a consultant surgeon in that field; if it’s a GP misdiagnosis, perhaps a GP expert or a consultant in the illness that was missed. The expert will review your records and often you will be examined by the expert or they will interview you for a report on your condition (What Is Medical Negligence? Compensation Guide | Irwin Mitchell) (What Is Medical Negligence? Compensation Guide | Irwin Mitchell). You may need more than one expert (one on liability to say what was done wrong, and one on causation/impact to say how it harmed you). This step can take a few months because senior medical experts often have waiting lists.
   • Building the case: Your solicitor will also take a detailed statement from you about what happened and its effect on your life. They may gather witness statements from family or anyone else involved. If there were any internal investigations (like a Serious Incident Report by the hospital), those will be obtained too.
4. Letter of Claim: Once the solicitor has supportive expert evidence and believes there’s a solid case, they will write a Letter of Claim to the defendant (the hospital or doctor’s legal representatives) (Claiming compensation for medical negligence | Disability charity Scope UK). This letter will set out the allegations of negligence in detail: what happened, how the care was below standard, and how it caused your injuries, along with an indication of the harm and losses you’ve suffered. It essentially lays out your case to the NHS or other defendant. According to the Pre-Action Protocol, the NHS (via NHS Resolution) is expected to acknowledge this letter within 14 days and provide a Reasoned Response within 4 months. In that Letter of Response, they should state whether they admit liability (all or part) or deny it, and on what basis. During this period, sometimes there may be dialogue or even an early offer if liability is clear.
5. Negotiation and Interim Payments: If the defendant admits liability, the focus shifts to negotiating a fair compensation amount (quantum). Your solicitor will gather evidence of your financial losses and medical needs (they may obtain further expert reports on your prognosis or future care needs). Often, after an admission, the defendant might agree to pay an interim payment – some money up front – especially if you have immediate needs (How long does a medical negligence claim take?). Then a process of valuation and negotiation happens, possibly with a meeting between parties to settle the amount. If liability is denied, your solicitor will re-evaluate the case. They might obtain more expert input or evidence to rebut whatever the defence argues. There could still be negotiations if the defence thinks you might have a point on some aspects.
6. Issuing Court Proceedings (if needed): If the defendant denies liability or if the 4-month response is unsatisfactory, the next step is to issue a claim form in the court to formally start litigation. Your solicitor will draft legal documents (Particulars of Claim) outlining the case, and these are filed in the High Court or County Court. This doesn’t mean the case will definitely go to trial – it’s often a measure to keep the case moving or to apply pressure. Once proceedings are issued, a court timetable is set. There will be steps like the defendant filing a Defence, disclosure of documents by both sides, exchange of witness statements, and exchange of expert reports (each side will have experts and they may produce joint statements on points of agreement/disagreement). Throughout this litigation phase, settlement is still the most likely outcome, and the court will even encourage alternative dispute resolution (mediation).
7. Settlement or Trial: At any point up to trial, either side can propose a settlement. Many cases settle at a stage called a ’round-table meeting’ or mediation, where both sides (and often their experts) meet to discuss numbers. If a settlement is reached, the case ends there with an agreement on compensation (and usually the defendant pays a chunk of your legal costs as well). If settlement isn’t reached, the case proceeds to a court trial. At trial, each side’s evidence is presented, experts may be cross-examined, and a judge will make a ruling on liability and/or quantum. As noted earlier, it’s rare to get to this stage – but if you do, your solicitor and a barrister will represent you. After hearing everything, the judge will decide if negligence is proven and how much compensation to award. If you win, the NHS pays the damages (and typically your costs). If you lose, you get nothing and could be ordered to pay the NHS’s legal costs – however, if you had a no win, no fee agreement, you likely have insurance to cover this scenario.
8. Aftermath: If settled, you’ll receive the agreed compensation (usually within a few weeks). If you won at trial, the NHS will pay as ordered (they generally do not appeal unless there’s a point of law at stake). If you lost, your solicitor will discuss whether there are grounds to appeal (rare in negligence unless there was a clear error in law).

Throughout this process, your solicitor will guide you each step of the way. They will handle the technical parts – your role is largely to provide information, attend any medical examinations, and make decisions when settlement offers arise. The key things for you to remember are:

• Time limits: Start the process as soon as you feel ready, and definitely before the 3-year limit (in England/Wales) runs out (Time Limit for Medical Negligence Claims | Thompsons Solicitors). Starting with a solicitor consultation does not commit you, but it preserves your options.
• Keep evidence: Maintain a file of relevant documents and receipts from the time of the incident onward.
• Be frank and detailed with your solicitor: to build the best case.
• Funding: Discuss funding options. Most people use no win, no fee, meaning the steps above won’t cost you out-of-pocket in the interim. Legal aid is very limited (mainly for severe birth injuries). Legal expense insurance (if you have it via home or union membership) is another avenue.

England and Wales vs. Scotland: The overall flow is similar. In Scotland, claims are raised by summons in the Court of Session or an initial writ in the Sheriff Court, and there is also a Pre-Action Protocol for Clinical Negligence requiring an exchange of info before litigation. The 3-year time limit applies in Scotland too. One difference is that the statutory bereavement award doesn’t exist in Scotland (courts award loss to relatives directly). But the basic steps – gather records, get expert reports, send a formal claim, negotiate, litigate if needed – are the same.

In conclusion, raising a medical negligence claim involves: getting a specialist solicitor, who will investigate with medical evidence, then formally notifying the NHS or doctor of the claim, and either securing a settlement or pursuing the case through court. It may sound daunting, but your solicitor manages most of the heavy lifting. Don’t be afraid to seek legal advice – even an initial discussion – to understand the viability of your claim and the process. If you proceed, your legal team will guide you step by step towards hopefully a successful resolution and fair compensation for the harm you suffered. (Claiming compensation for medical negligence | Disability charity Scope UK)

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