Sue the NHS

Our Compensation Claim Guide

If you have arrived at this page you are obviously concerned that a medical mistake has been made and you want to see if you can claim for an injury you have suffered. This guide looks to examine the basic legal system. If at the end of it you would like a free and expert legal opinion on whether you can sue the nhs, please complete our free online enquiry form.

The Three Conditions For A Valid Claim

NHS negligence occurs when a member of the medical profession acts in a way which is negligent and causes further injury or illness to the patient. Mecical Negligence can include both actions and inactions or omissions.

To establish whether clinical negligence (formerly called medical negligence) has occurred you have to meet certain tests. These are:

  • Establishing a duty of care (ie the NHS to look after you whilst in their care)
  • Breach of that duty of care towards you (ie the clinical negligence)
  • The breach of duty caused your injury/illness (causation)

We will look at these in more detail here:

Duty of Care

If you have been under the care of the NHS the duty of care is easily established. When you enter the care of the NHS they have a duty to look after you as you are completely under their care.

Breach Of The Duty Of Care

Once you have established a duty of care, before you can sue the NHS you must prove that this duty has been breached. Without going into too much of the lengthy legal duty the doctor, consultant or nurse must do an act that breaches this duty (eg amputation of a wrong limb or a negligent operation causing more injury) or failing to take action.


Often the hardest part of a clinical negligence claim is proving that the breach of duty "caused" the injury sustained by the patient. If you can prove that the act or failed action caused the injury then you have established the basis for a claim.

Assessing The Value Of Your Claim Against The NHS

If you ask us to help you to Sue The NHS and we find you have good grounds for a claim, our specialist solicitors will assess the full value of your claim and advise you how much compensation you might expect to receive.

The other less obvious benefits of making a claim enquiry are that the NHS will be notified of the potential problem. It could save someone else from experiencing the same problems as you.

What are the Costs?

1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

Find Out More

Considering Claiming Comensation From The NHS?

If you would like expert advice on Suing The NHS please call us free on 0800 2888 693 (from a mobile click to call: 01348 630 720) or complete our Free Claim Enquiry form now and we will be in touch with you very soon.

Remember, all initial enquiries are completely free of charge and the solicitor will investigate all funding options for you.


We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.


Make a claim now or you can speak to us on 0800 2888 693

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