Claire Levene
Solicitor
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Solicitor | Medical Negligence
Something we hear quite often from potential clients is that they feel uncomfortable about suing the NHS. Many people recognise the hugely important work the NHS does and worry that making a claim will get someone into trouble.
However, pursuing a medical negligence claim is not about punishing the NHS or targeting individual clinicians. It is about making sure that people who have suffered harm, or lost a loved one due to substandard medical treatment, are compensated fairly and appropriately.
Why Bring a Medical Negligence Claim?
The purpose of a compensation claim is to put the injured person back in the position they would have been in, as far as possible, had the negligent treatment not occurred.
For a claim to succeed, it must be proven that:
- The care or treatment provided fell below a reasonable standard, and
- This directly caused injury.
When negligence leads to death, it may be possible to claim for:
- Funeral and other related expenses
- Damages for the pain and suffering of the deceased
- Statutory bereavement damages
- Loss of financial and services dependency
While no amount of money can undo the harm, compensation can make a real difference. It may help fund ongoing care, therapies, home adaptations, and support — all of which improve quality of life. In fatal cases, it can provide much-needed financial security for families left behind.
Learning From NHS Mistakes
Many clients tell us they hope that, by making a claim, they can help prevent similar mistakes from happening to others in the future.
Although the NHS has systems in place to reduce risk, errors still occur. Sometimes it’s immediately clear that something has gone wrong; in other cases, issues only emerge later.
When a medical mistake is recognised, the NHS has a duty of candour — a legal obligation to inform patients about what went wrong and its impact.
In serious cases, the NHS may conduct a Serious Untoward Event Investigation to determine what happened and how to prevent recurrence. However, the NHS is not always aware that negligence has occurred until a patient makes a complaint or begins legal action. Without this step, opportunities for learning and improvement may be missed.
What Is NHS Resolution?
NHS Resolution is the independent body that deals with claims made against the NHS. It works with NHS Trusts to:
- Resolve claims fairly
- Gather and share information to improve patient safety
- Identify risks and help reduce future incidents
Trusts must keep records of complaints and legal claims, which are shared with NHS Resolution. This data helps identify high-risk areas and ensures lessons are implemented across the NHS in England.
In Wales, a similar role is carried out by NHS Wales Shared Services Partnership – Legal & Risk Services.
Will Individual Clinicians Be Punished?
In most cases, doctors, nurses, and other healthcare professionals are not disciplined for a one-off mistake.
However, if a serious error occurs, or a clinician demonstrates a pattern of unsafe practice, the matter can be referred to the relevant regulatory body such as:
- The General Medical Council (GMC), or
- The Nursing and Midwifery Council (NMC)
These regulators can investigate and decide whether a practitioner is fit to continue working.
Improving Patient Safety
According to NHS England, patient safety is “of the highest importance.” In August 2022, the NHS introduced the Patient Safety Incident Response Framework (PSIRF), which focuses on understanding why safety incidents happen — including underlying contributing factors.
As Aidan Fowler, National Director of Patient Safety, explained:
“The introduction of this framework represents a significant shift in the way the NHS responds to patient safety incidents, increasing focus on understanding how incidents happen – including the factors which contribute to them.”
Making a complaint or bringing a negligence claim can highlight recurring problems or patterns of care that need addressing. This often leads to changes in practice, better training, and improved systems — all of which help to protect future patients.
Is It Ethical to Make a Claim Against the NHS?
If you have suffered harm due to negligent medical care, whether through the NHS or in the private sector, it is entirely fair and reasonable to seek compensation.
Making a claim is not about blame. It is about:
- Accountability
- Ensuring injured patients are fairly compensated
- Encouraging safer systems across healthcare
It would be unjust for someone harmed by poor medical treatment to have no route to redress.
How Our Solicitors Can Help
If you or a loved one has been affected by medical negligence, our team at Phoenix Legal Solicitors can provide clear advice and support.
Contact us today to discuss your situation in confidence and find out how we may be able to help.
0151 306 3694 Our Service