Can you sue the NHS? What you need to know before bringing a claim

Published 28 April 2026

TL;DR

Yes, you can sue NHS trusts; they have no immunity from negligence liability and owe patients the same standard of care as private providers
Claims are brought against the NHS trust responsible for the treatment, not against the individual clinician or the NHS as a whole
The legal standard is identical to private healthcare: Bolam breach plus causation, proved on the balance of probabilities
NHS Resolution handles the defence of NHS trust claims in England; it settled over 15,000 claims in 2023-24
The NHS does settle meritorious claims; it does not routinely fight cases it expects to lose
The time limit is three years from the negligent act or from the date of knowledge

Yes, you can sue NHS trusts in England. NHS trusts and foundation trusts have no special legal immunity from negligence liability. They owe patients the same duty of care as any private healthcare provider and are subject to the same Bolam standard in assessing whether that duty was breached. When NHS treatment causes harm through a failure to meet the required standard of care, the patient has the same legal right to compensation as if the treatment had been provided privately.

Can you sue NHS trusts?

The National Health Service Act 1947 and its successors created the NHS as a public body, but did not grant it immunity from the ordinary law of negligence. NHS trusts are legal entities that can be sued and are liable in damages for the negligence of their employees and those whose conduct they are vicariously responsible for.

This position has been confirmed repeatedly by the courts. NHS Resolution, the body that manages clinical negligence claims on behalf of NHS trusts in England, paid out over £2.8 billion in clinical negligence settlements in 2023-24. The scale of that liability reflects both the volume of NHS treatment and the fact that the NHS fully participates in the civil litigation system.

Who do you bring a claim against in the NHS?

When you bring a clinical negligence claim involving NHS secondary care, the claim is brought against the NHS trust responsible for the treatment, not against the individual clinician and not against "the NHS" as a single entity. The trust is vicariously liable for the negligent acts of its employed clinicians carried out in the course of their employment.

In England, NHS Resolution defends these claims on behalf of member trusts under the Clinical Negligence Scheme for Trusts (CNST). In practice, NHS Resolution's panel solicitors handle the defence, investigate the claim, and conduct settlement negotiations.

For NHS primary care, the position is different. GP practices are independent contractors to the NHS, not directly employed by it. Claims against GPs are brought against the practice and the individual practitioner. Medical defence organisations (MDOs) typically handle the defence rather than NHS Resolution.

For the full process of bringing a claim against NHS providers, see the claim against NHS guide.

What are common misconceptions about suing the NHS?

"The NHS will fight every claim." NHS Resolution does not defend claims it expects to lose. It has a duty to resolve meritorious claims efficiently. Where breach and causation are clearly established, NHS Resolution will generally seek to settle rather than incur the additional cost of contested litigation.

"Bringing a claim harms frontline NHS funding." NHS trusts pay contributions into the CNST risk pool managed by NHS Resolution. Compensation payments come from this central scheme rather than from individual trust budgets. The mechanism is similar to an insurance pool.

"The NHS standard of care is lower because it is free." The standard of care owed by NHS clinicians is the same as that owed by private practitioners. The Bolam test does not distinguish between publicly and privately funded treatment.

"I need to complain to the NHS first before bringing a legal claim." An NHS complaints procedure complaint is entirely separate from a legal claim. You do not need to exhaust the complaints process before instructing a solicitor, and a complaints response does not determine legal liability.

What you need to prove

The legal test is the same whether the claim is against an NHS trust or a private provider: you must prove that the clinician owed a duty of care, that the treatment fell below the Bolam standard, and that the breach caused the harm claimed. All three elements must be proved on the balance of probabilities.

The NHS does not have a lower Bolam threshold. An NHS consultant is judged against the standard of a reasonably competent consultant in the same specialism. An NHS GP is judged against the standard of a reasonably competent GP.

Time limits to sue NHS providers

The time limit is three years from the date of the negligent treatment or from the date of knowledge, whichever is later. The date of knowledge is when you first knew (or ought to have known) that you had suffered significant harm caused by NHS treatment and that the NHS trust was responsible.

Children can bring a claim until their 21st birthday. Patients who lacked mental capacity do not have the limitation period running while that incapacity continues.

For the full time limits rules, see the time limits guide. For how the claim process works in practice, see the how to claim guide. For how the NHS claims framework operates, see the NHS claims guide. Most solicitors handling NHS claims work on a conditional fee basis: see the funding guide.

This page provides legal information, not legal advice. If you believe NHS treatment caused you harm, speak to a qualified solicitor who specialises in clinical negligence. Time limits apply and early advice is important.