Sue the NHS?

Our Suing The NHS Guide Will Show You If You Have A Valid Claim.

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 sue the NHS 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.

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 below.

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 (such as C Diff where the failure is to keep the hospital clear from superbugs).


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 and you should be able to sue the NHS.

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.

Considering Suing a Hospital or Another Part of 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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