The NHS faces a staggering £60 billion in outstanding medical negligence liabilities, a figure that reflects the scale of harm caused to patients across England every year. This is not just a statistic. Behind every pound of that liability is a patient who suffered when they should have been helped.
If you have been harmed by NHS treatment, you are not alone, and you are not powerless. You have the right to seek justice.
Our team at Wolf Law specialises in medical negligence claims and has helped many clients across Merseyside and beyond receive the recognition and compensation they deserve.
Understanding the NHS Negligence Crisis
Where the liability comes from
The bulk of NHS negligence liabilities stems from maternity care, birth injuries, and surgical errors. Maternity-related claims alone account for a disproportionate share of the total, with serious brain injuries at birth carrying lifetime care costs that run into millions of pounds per case.
According to a report cited in Parliament, the Government and NHS have repeatedly failed to act on patient safety warnings. The Court of Appeal has dealt with numerous cases where systemic failures within NHS trusts led to preventable harm.
Why claims are rising
Several factors drive the increase in claims. Staffing shortages, inadequate supervision of junior doctors, and poor communication between clinical teams all contribute. Additionally, greater public awareness of patient rights means more people are coming forward when something goes wrong.
Importantly, a rise in claims does not mean people are being opportunistic. It means more patients are rightly seeking accountability for harm that should never have occurred.
What Counts as Medical Negligence?
The legal test for negligence
Medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonable, competent professional would have provided in the same circumstances. This standard is set out in the Bolam test from Bolam v Friern Hospital Management Committee [1957] 1 WLR 582.
However, the later case of Bolitho v City and Hackney Health Authority [1998] AC 232 confirmed that the court must also be satisfied that the accepted medical practice is logical and defensible. In other words, not every accepted practice will automatically shield a negligent practitioner.
Common examples of NHS negligence
Medical negligence takes many forms. Some of the most common claims we handle include:
- Delayed or missed diagnosis of cancer, sepsis, or other serious conditions
- Surgical errors, including wrong-site surgery
- Birth injuries caused by failure to monitor foetal distress
- Prescribing errors leading to harmful drug interactions
- Failure to obtain informed consent before a procedure
If any of these situations sound familiar, speak to a solicitor as soon as possible. Time limits apply, and gathering evidence early strengthens your claim.
How to Make an NHS Negligence Claim
Time limits you must know
Under the Limitation Act 1980, you generally have three years from the date of the negligent act or the date you first became aware of it to bring a claim. For children, the three-year period begins on their 18th birthday. For those who lack mental capacity, the limitation period may not run at all.
These rules sound straightforward, but they can be complex in practice. Always seek legal advice promptly. Waiting too long may cost you your right to claim entirely.
What happens during the claims process
First, your solicitor will obtain your medical records and instruct an independent medical expert to assess whether the treatment you received fell below the required standard. If it did, and that breach caused your harm, you have the basis for a claim.
Many clinical negligence claims settle through negotiation with NHS Resolution, the body that handles claims on behalf of NHS trusts, without going to court. One of our clients, a woman who suffered complications following surgery at a Merseyside hospital, received a substantial settlement after we successfully demonstrated that her post-operative care was inadequate and caused long-term harm.
Claiming on a No Win No Fee Basis
Funding your medical negligence claim
Many people worry they cannot afford specialist legal help. However, most medical negligence cases at Wolf Law are conducted under a no win no fee agreement, known formally as a Conditional Fee Agreement. If your claim is unsuccessful, you pay nothing. If you win, a pre-agreed success fee is deducted from your compensation.
You should never let concerns about cost stop you from seeking justice. The Law Society recommends using a specialist solicitor for clinical negligence cases rather than general practitioners, and we are here to help.
Contact Wolf Law today for a free, no-obligation consultation. We will assess your case honestly and tell you whether we believe you have a strong claim.
Frequently Asked Questions
How long does an NHS negligence claim take?
Most clinical negligence claims take between 18 months and three years to resolve, depending on complexity. Straightforward cases may settle sooner. Your solicitor will keep you updated throughout the process.
Will I have to go to court?
The majority of clinical negligence claims settle before trial through negotiation or mediation. However, if a fair settlement cannot be reached, your solicitor will be prepared to take your case to the High Court.
Can I claim if a loved one died due to NHS negligence?
Yes. Where a person has died as a result of medical negligence, their family may bring a claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. These claims can include compensation for bereavement, financial dependency, and funeral expenses.
What evidence do I need?
Your solicitor will obtain your full medical records on your behalf. You will also need an independent expert medical opinion confirming that the treatment fell below the required standard and caused your injury or harm.
Does it matter which NHS trust was responsible?
No. You can bring a claim against any NHS trust in England and Wales. NHS Resolution handles claims on behalf of NHS trusts, so you will typically be dealing with their representatives throughout the process.
Is there a limit on how much compensation I can receive?
There is no fixed cap on clinical negligence compensation. Awards are calculated based on the nature and severity of your injury, your financial losses including lost earnings, and your ongoing care needs.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
