Can I Make a Medical Negligence Claim Against the NHS?
Medical Negligence
Posted on: November 9th, 2026
When we receive treatment from the NHS, we trust healthcare professionals to provide the right care and support. Most of the time, that is exactly what happens. But when something goes wrong, you may be left wondering what happened, why it happened, and whether you can do anything about it.
If you believe your treatment caused you unnecessary harm, you may be able to make a claim against the NHS.
At Atha & Co, we have over 50 years of experience helping people across Teesside understand their rights. We know that taking the first step can feel daunting, which is why our approach is always straightforward and focused on helping you understand your options.
What is an NHS negligence claim?
An NHS negligence claim is a claim for compensation where a patient has suffered harm because the care they received fell below the appropriate standard. In accordance with the law.
Medical negligence can take many forms, including:
A missed or delayed diagnosis
Incorrect treatment or medication
Surgical errors
Failure to investigate symptoms properly
Failure to refer a patient for further treatment
Poor monitoring or aftercare
Negligence during pregnancy or childbirth
However, a disappointing outcome does not automatically mean that negligence has occurred. Medical treatment can carry risks, and some complications can happen even when the appropriate care has been provided.
What do I need to prove?
For an NHS negligence claim to be successful, certain important elements generally need to be established.
1. A breach of duty
The healthcare professional must have provided care that fell below the standard reasonably expected of a competent professional.
2. Causation
It must also be shown that this failure caused or contributed to the injury or harm you experienced.
This second part is particularly important. It is not enough to show that something went wrong; there needs to be a link between the care provided and the harm suffered. Medical evidence is often required to help establish this.
Can I sue the NHS for negligence?
If you have suffered harm because of negligent NHS treatment, you may be able to bring a claim for compensation.
You do not need to know yourself whether the care you received amounted to negligence. A specialist solicitor can look at what happened, request your medical records and arrange independent medical evidence where appropriate.
It is also worth remembering that making a compensation claim is different from making a complaint. A complaint may help you understand what happened, while a legal claim focuses on whether negligence occurred and whether you suffered harm as a result.
What could an NHS compensation claim include?
There is no set amount of compensation for an NHS negligence claim. Every case depends on the individual circumstances and the impact the negligence has had on your life.
Compensation may take into account:
Pain and suffering
Loss of earnings
Additional care or support
Medical or rehabilitation costs
Travel expenses
Future treatment or care needs
The aim is to put you, as far as possible, back in the position you would have been in had the negligence not occurred.
How do I make a claim against the NHS?
If you are concerned about treatment you or a loved one has received, speaking to a specialist medical negligence solicitor is a sensible first step.
Your solicitor can listen to what happened, review your medical records and consider whether there is enough evidence to investigate a claim. Independent medical experts may also be asked to provide an opinion on the treatment you received and the impact it had on you.
Medical negligence claims can be complex, so getting specialist advice early can help you understand where you stand and what your options are.
There can also be strict time limits for bringing a claim, so it is important to seek advice as soon as possible rather than waiting to see what happens.
Choose the one you know
At Atha & Co, we understand that questioning the treatment you received can be difficult. You may have concerns about what happened but simply not know whether you have a claim.
For over 50 years, we have provided specialist legal advice to people across Teesside. Our medical negligence team can help you understand your options and guide you through the process with clear, straightforward advice.
We operate on a No Win, No Fee basis for eligible claims, meaning you can take the first step without worrying about upfront legal costs.
Choose the one you know.
If you believe you may have been affected by medical negligence, visit our Contact Page to get in touch with Atha & Co, or call us directly on 01642 222575.