LEGAL GUIDE · ENGLAND & WALES
Medical Negligence Specialists
Short answer:
No. Making a medical negligence claim doesn’t take money away from your care or anyone else’s in the way many people fear. Compensation is paid because avoidable harm has already happened. In 2025/26, NHS medical negligence payments were about 1.6p in every £1 of health spending, and three-quarters of that money went directly to injured patients and their families.
If you’ve been harmed by NHS treatment, it’s natural to feel torn. Most of us value the NHS, and many people tell us they don’t want to “sue the NHS” because they think it will mean less money for nurses, doctors and other patients. This article explains where compensation actually comes from, what it pays for, and why claiming is your right.
Who pays compensation when the NHS is negligent?
In England, NHS hospital trusts belong to the Clinical Negligence Scheme for Trusts (CNST), run by NHS Resolution. Trusts pay into the scheme each year, and NHS Resolution handles claims and pays compensation on their behalf. NHS GP services are covered by a similar scheme. In Wales, health boards are covered by the Welsh Risk Pool.
This means your claim is made against the trust or health board, not against the individual doctor, nurse or midwife. Staff don’t pay compensation personally.
Have You Suffered Harm Due to Medical Negligence?
At NJS Law, our experienced medical negligence solicitors are here
to help you understand your rights and explore your compensation options.
We offer a free initial consultation and can handle eligible claims on a No Win No Fee basis.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
How much do medical negligence claims really cost the NHS?
NHS Resolution paid £3.24 billion in medical negligence claims in 2025/26. That is a large sum, and the cost has been rising. But it needs to be seen in context. The Department of Health and Social Care’s day-to-day budget for the same year was £204.5 billion. Claims made up roughly 1.6% of it.
The NHS faces real financial pressure, but the main drivers are an ageing population, rising demand, workforce shortages and pressure on social care. Negligence claims are not the reason the NHS is under strain.
Where does the money go?
Of the £3.24 billion paid in 2025/26:
- £2.43 billion (75%) was compensationpaid to injured patients and bereaved families
- £622 million was the injured person’s legal costs
- £188 million was the NHS’s own legal costs
The National Audit Office found that a very small number of claims make up most of the cost. In 2024/25, claims worth more than £1 million accounted for 68% of total costs, despite being only 2% of claims. Many of these involve babies who suffered brain injuries during birth.
In those cases, compensation pays for a lifetime of specialist care, therapy, equipment, adapted housing and lost earnings. Without it, much of that cost doesn’t disappear. It falls on families, local councils and other public services instead.
What about legal costs?
This is a fair question, and we think it deserves a straight answer. The National Audit Office has found that on some lower-value claims, legal costs can be higher than the compensation itself. Rules introduced to fix the legal costs on lower-value claims are already in place, and the government is reviewing the system further.
What helps keep costs down is resolving claims early and fairly. In 2025/26, 84% of NHS medical negligence claims were resolved without court proceedings, and only 16 went to trial. At NJS Law we aim to settle valid claims as efficiently as possible, because a long fight isn’t in anyone’s interest, least of all yours.
Do medical negligence claims help the NHS improve?
Yes. Claims are one of the ways the NHS finds out where care has gone wrong. NHS Resolution uses claims data to share learning with hospitals and improve patient safety, with a particular focus on maternity care.
The National Audit Office concluded that by far the most important way to reduce the cost of medical negligence is to reduce the harm itself. A claim doesn’t create that harm. It shows where it happened, so it is less likely to happen to someone else.
Is it wrong to claim against the NHS?
No. Claiming compensation is a legal right. If NHS treatment fell below an acceptable standard and caused you harm, the law says you should be put back, as far as money can, in the position you would have been in without that harm.
Making a claim isn’t an attack on the people who work in the NHS. Most of our clients are grateful for the care they’ve received over the years. They claim because an avoidable mistake has changed their life, and they need support to manage what happens next.
How NJS Law can help
Our medical negligence team helps people across England and Wales who have been harmed by NHS or private treatment. We’ll listen to what happened, explain honestly whether you may have a claim, and tell you what to expect.
- Free initial consultation to talk through what happened
- No Win No Fee on eligible claims. If your claim succeeds, a success fee is deducted from your compensation. How No Win No Fee works
- Clear explanations at every stage, in plain English
Understand Your Options
Not sure whether your medical negligence experience qualifies for compensation?
Our medical negligence solicitors can assess your circumstances and explain your options.
No Win No Fee · SRA Regulated · Complete Confidentiality promised
Frequently Asked Questions
Will claiming against the NHS affect my future treatment?
No. Making a claim shouldn’t affect the care you receive. Claims are handled by NHS Resolution and the trust’s legal team, not by the clinicians treating you.
Will the doctor or nurse have to pay compensation?
No. Claims are made against the trust or health board, and compensation is paid through the NHS indemnity scheme.
Is there a time limit for a medical negligence claim?
Usually, you have three years from the date of the negligence or from when you first knew it may have caused your injury. For children, the three years start on their 18th birthday. If someone lacks mental capacity, the time limit may not apply while they lack capacity. Speak to a solicitor as early as you can.
Should I complain to the NHS first?
You can, and a complaint may give you answers and an apology. A complaint can’t award you compensation, though. A claim and a complaint can run alongside each other.
Does NHS compensation come from my local hospital's budget?
Not directly. Trusts pay annual contributions into NHS Resolution’s scheme, and compensation is paid from that scheme rather than from a single ward or department.
This article is for general information only and does not constitute legal advice. No two cases are the same and outcomes cannot be promised. For advice on your specific circumstances, please contact NJS Law directly.
NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550).
Thinking about a claim? Read about Medical Negligence Claims and how No Win No Fee works, or send us your enquiry.