LEGAL GUIDE · ENGLAND & WALES
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 clinical 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.
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.
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NHS Resolution paid £3.24 billion in clinical 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.
Of the £3.24 billion paid in 2025/26:
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.
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 clinical 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.
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 clinical 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.
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.
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.
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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.
No. Claims are made against the trust or health board, and compensation is paid through the NHS indemnity scheme.
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.
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.
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 guaranteed. For advice on your specific circumstances, please contact NJS Law directly.
NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550).
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