Can You Sue The NHS For Medical Negligence?
Sarah John's
Legal Writer
If you have been injured while getting care from the NHS in Scotland, you may be wondering—can I sue the NHS? The answer is yes, you can. When treatment falls short of the required standard and causes harm that could have been avoided, you may have the right to seek compensation.
This type of legal case is known as medical negligence. It covers situations in which a mistake, delay, or poor judgment made during your treatment led to a negative outcome. But timing is important. You normally have three years from when it happened—or when you realised something was wrong—to make a claim.
This guide explains everything you need to know about suing the NHS for negligence. If you’re looking for answers or support, this is a good place to start.
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Understanding What Constitutes NHS Medical Negligence
Medical negligence happens when NHS staff don’t give you the level of care they should—and as a result, you end up hurt or worse off. It could be something like a delayed diagnosis, a mistake during treatment, or not receiving the right care at the right time. The most important question is whether the harm you experienced could have been avoided with proper care.
Two things must be true to establish a strong case: the care was substandard, and the poor care caused the harm. This comes down to something called “duty of care,” which means that NHS employees have a legal obligation to keep you safe while treating you.
If you believe you have been affected by this, contacting a medical negligence solicitor is a good first step; they can help you determine whether you have a case and what to do next.
Examples of Medical Negligence Within the NHS
Medical negligence in the NHS can happen in various ways; some people are harmed because of delays in getting a diagnosis or wrong diagnoses. Others might go through surgery that doesn’t go as planned or receive the wrong medication or treatment. Mistakes during childbirth can harm both the baby and the mother. In some cases, infections acquired in hospitals, as well as errors in referrals, can cause major issues. These kinds of issues can happen in GP surgeries, dentistry clinics, hospitals, and other NHS settings throughout Scotland.
Types of NHS Negligence Claims We Handle
Misdiagnosis:
Misdiagnosis is one of the most common reasons why people make claims against the NHS. This could mean being diagnosed with the wrong condition—or no condition at all—when you have some other serious condition. Such mistakes can delay the correct treatment and result in harm that could have been avoided; if you believe you were misdiagnosed, you should seek a second medical opinion.
Pregnancy and Birth Injuries:
If you or your child were injured during pregnancy or birth and it could have been prevented with better care, you may have a claim. Problems in maternity care, such as poor emergency response or dangerous delivery practices, can have long-term consequences.
Never Events:
Never Events are serious mistakes that should never happen. This includes things like surgery on the wrong body part, leaving tools inside the body, or giving the wrong medication; these accidents are not common, but when they happen, they often result in serious injury.
What Steps Are Involved in Suing the NHS?
Step 1: Identifying Medical Negligence
The first step is to determine if what happened to you counts as medical negligence. Simply saying that the result was not what you had hoped for is not enough. You will need to prove that the care you received fell short of what is generally expected—and that this directly caused you harm; this is known as a breach of duty of care.
Step 2: Collecting Strong Evidence
Next, begin gathering all of your medical documents, test results, and any letters from doctors. This information helps show the care you received and where it may have gone wrong. If someone was with you during your appointments, their account may also be helpful in supporting your case.
Step 3: Getting Specialist Legal Advice
Finally, contact a medical negligence solicitor in Scotland. They will understand the legal side and can tell you whether you have a strong case. A qualified solicitor can help you navigate what happens next step by step.
Step 4: Sending the Letter of Claim to the NHS
Once your solicitor has gathered enough evidence, they’ll write a formal letter to the NHS. This is known as the Letter of Claim; it states what went wrong, how it caused harm, and what compensation you want. This letter officially starts your legal claim.
Step 5: How the NHS May Respond
The NHS has a fixed response time, which is normally about four months. They may accept responsibility or refute the claim. Their response will help your solicitor decide whether to negotiate a settlement or take the case to court.
Step 6: Settlement Negotiation or Litigation
If the NHS accepts responsibility, your lawyer will negotiate a suitable compensation amount. This is known as settlement negotiations, and many cases are handled here without going to court. However, if the NHS refuses to admit fault or won’t settle, your case may end up in court. That can be stressful, but a good legal team will help you get through it.
Step 7: Securing Compensation and Closure
If your case is successful, you will receive compensation; this money is meant to help with the pain, emotional impact, and any costs caused by negligence—like lost wages or extra care. The process can take time and bring up a lot of feelings, but it’s also a way to find closure and move forward.
Can I Claim Against the NHS for a Death Caused by Negligence?
Yes, you can make a claim against the NHS if someone dies as a result of medical negligence. In Scotland, this is typically usually done by a close family member or someone acting on behalf of the deceased’s estate. The goal is to get compensation for things like lost income, care costs, or mental distress—especially if the individual who died provided for their family. These Personal Injury Claims In Scotland can be difficult and overwhelming, but legal assistance is available to help you navigate the process and explain what you’re entitled to.
What Evidence Do I Need for an NHS Negligence Claim?
To make a successful NHS negligence claim in Scotland, you’ll need solid evidence. This helps to show what went wrong and how it affected you. The first step is to gather your medical documents. These include notes, test results, and letters from your doctor, hospital, or specialist. If any letters mention errors or explain what went wrong, they can be quite useful.
Witness statements can also back up your claim. If someone, such as a friend or family member, went with you to appointments, they might remember details that you do not. Their version of events supports what you’re stating.
Your solicitor will usually arrange for independent medical evidence. This involves another doctor assessing your situation and providing an expert opinion. It’s an important component of building a good case, and most lawyers will cover the costs upfront.
Bring everything you have when you first meet with your solicitor. The more complete the picture, the better guidance they can provide. They will let you know if anything else is required as the case moves forward.
How Long Do NHS Negligence Claims Usually Take?
The time it takes to settle an NHS negligence claim in Scotland can vary greatly. Some simpler cases are resolved in one to three years, especially if the NHS admits fault early on and provides reasonable compensation. However, not all cases are as straightforward. If the harm is serious or the facts are complicated, it may take longer—three to six years—to resolve the situation.
There is also a legal deadline to keep in mind.
Your solicitor should be able to give you an estimate of how long your specific case might take. It depends on the amount of evidence required, the NHS’s response, and whether the case is settled or taken to court. While the wait can be difficult, having an experienced legal team can make the process smoother and help you stay on track.
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Do Sue NHS Negligence Claims Often Settle Out of Court?
Yes, most NHS negligence claims in Scotland are resolved without going to court. These cases are often settled through negotiations between your lawyers and the NHS. This helps to reduce the stress and time involved in a full trial. However, if it goes to court, your legal team will be there to guide and support you throughout the proceedings.
What Compensation Can You Receive for NHS Medical Negligence?
The amount of compensation you may receive for an NHS negligence claim in Scotland depends on your specific circumstances. There is no fixed reward because each situation is unique. If the harm you experienced was minor, your compensation could be a few thousand pounds.
However, if you’ve suffered something far more serious—such as a life-changing injury or the death of a loved one—the amount can be far more. In rare cases, compensation has reached millions of pounds, especially when long-term care or significant financial loss is involved. These bigger awards are not common, but they demonstrate how seriously the law takes severe negligence.
A medical negligence solicitor will investigate all aspects of your case to determine how much value your claim might have. They will look at how the harm has impacted your health, daily life, and finances. Their advice will help you understand what kind of payout you might expect.
How NHS Compensation Amounts Are Calculated?
In Scotland, NHS compensation is calculated based on the amount of harm you’ve suffered and what it’s cost you financially. A payout consists of two parts: general damages and special damages.
General damages cover your pain and suffering, as well as the impact of the accident on your daily life. This could include both physical and emotional impacts.
Special damages compensate you for any money you lost as a result of the negligence. This could include medical expenses, lost wages, future earnings, or the cost of additional care you now need.
The more serious your injury and its impact on your life, the higher the potential payout. If it is a minor issue, the compensation will be smaller. But, regardless of size, the goal is to help you recover and get back on your feet.
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Is There a Time Limit for Making an NHS Negligence Claim?
Yes, in Scotland, there is a time limit for making a medical negligence claim against the NHS. You normally have three years to initiate your claim. This might be three years from when the negligence occurred or from when you first realised you were harmed by it. For children, the countdown does not begin until their 16th birthday.
Because time can pass quickly, it is critical to seek legal advice as soon as you think something has gone wrong. A solicitor can help you determine whether you are still within the time limit and guide you on what to do next.
Is It Morally or Legally Wrong to Sue the NHS for Negligence?
It is normal to be hesitant about suing the NHS for negligence. Many people in Scotland rely on it and highly respect the services it offers. Even in a system that does so much good, mistakes can still happen—and when they do, it is OK to speak up.
If you have been harmed by poor care, making a claim does not mean blaming the entire NHS. It’s about keeping the system accountable and getting the support you need to recover. Everyone has the right to safe and right treatment.
Taking legal action can also help make things better for others. It can reveal issues and lead to changes that prevent the same thing from happening again. Any compensation you receive is intended to offset your injuries—not to profit, but to put things right.
Why You Should Hire a Specialist NHS Negligence Solicitor?
Suing the NHS can feel like a big set, and it’s not always clear where to begin. That is why consulting with Medical Negligence Solicitors In Scotland who specialise in NHS negligence is critical. They understand the legal system, know how to sue the NHS and handle complex cases.
A qualified solicitor from our panel can help you navigate the process, gather strong evidence, and ensure that everything is done correctly and on time. They will also communicate directly with the NHS on your behalf, so you are not dealing with this alone. Having the right support can make a big difference in getting the outcome you deserve.
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