Nursing negligence: examples, standard of care, and how to claim

Published 22 May 2026

TL;DR

Nursing negligence arises when a registered nurse falls below the standard of care required by the Bolam test and causes a patient harm
Nurses owe an independent duty of care to patients; they are not simply carrying out doctors' orders and are responsible for their own clinical judgements
Common examples include: medication errors, failure to monitor and escalate a deteriorating patient, pressure ulcers developing due to inadequate nursing assessment, patient falls caused by inadequate risk assessment, and catheter-related infections
The NHS trust is vicariously liable for the negligence of its employed nurses; the claim is brought against the trust
The time limit is three years from the negligent act or date of knowledge

Nursing negligence covers failures of care by registered nurses that fall below the standard required by the Bolam test and cause harm to the patient. Nurses are registered professionals with an independent duty of care governed by the Nursing and Midwifery Council (NMC) Code. They are not merely executing doctors' instructions: a nurse who identifies that a patient is deteriorating is responsible for escalating that concern to medical staff, and a nurse who administers medication has an independent responsibility to check that the medication and dose are correct.

What is the standard of care in nursing negligence?

The standard of care in a nursing negligence claim is the standard of the reasonably competent nurse in the same role. A ward nurse is judged against the standard of a responsible ward nurse, not against the standard of an intensive care specialist. A nurse prescriber is judged against the standard of a reasonably competent prescriber in that role.

The NMC Code sets out the professional standards expected of all registered nurses. Departure from the Code is relevant evidence in a nursing negligence claim, though it does not automatically constitute a Bolam breach: the question is always whether a responsible body of nurses would have acted as the defendant did. A practice that departs from the Code may nonetheless be endorsed by a responsible body of practitioners; more commonly, a clear Code departure is evidence that the conduct fell below the required standard.

For the broader framework of how professional negligence claims against clinicians are assessed, see the doctors negligence guide.

What are common examples of nursing negligence?

Medication errors: nurses administer the majority of medications in hospital settings. Errors in dose, frequency, route of administration, and patient identification are all potential bases for a nursing negligence claim. High-risk medications including insulin, anticoagulants, and opioids carry particular risk. A nurse who administers the wrong dose of insulin to a patient who develops hypoglycaemic brain damage has committed a serious breach.

Failure to monitor and escalate: nurses are responsible for monitoring patients' vital signs and escalating concerns to medical staff when a patient's condition deteriorates. Failure to recognise the early signs of sepsis, failure to take repeated observations when a patient's condition is changing, and failure to trigger a senior review when NEWS (National Early Warning Score) parameters are met are all potential nursing negligence failures.

Pressure ulcers: nurses are responsible for assessing and managing the risk of pressure damage in patients with limited mobility. The Waterlow or Braden scale should be applied to all at-risk patients. Failure to carry out a pressure area assessment, failure to implement a turning and repositioning plan, and failure to use appropriate pressure-relieving equipment can constitute nursing negligence where a patient develops a preventable pressure ulcer.

Patient falls: hospitals carry out falls risk assessments for all inpatients. A nurse who fails to assess falls risk, fails to implement fall prevention measures for a high-risk patient, or leaves a high-risk patient unattended in circumstances where a responsible nurse would have ensured supervision may be in breach if a fall and injury result.

Catheter-related infections: urinary catheter care requires regular review of catheter necessity, aseptic technique at insertion, and appropriate monitoring for signs of infection. Catheter-associated urinary tract infections (CAUTIs) caused by inadequate catheter management are a recognised basis for a nursing negligence claim.

Is the NHS trust liable for nursing negligence?

Yes. NHS trusts are vicariously liable for the negligence of their employed nurses carried out in the course of employment. A claim arising from nursing negligence in an NHS hospital is brought against the trust, not against the individual nurse.

NHS Resolution handles the defence of nursing negligence claims brought against NHS trusts under the Clinical Negligence Scheme for Trusts (CNST) in the same way as it handles claims arising from medical negligence.

In care home settings, the claim is brought against the care home operator. For nursing negligence in care homes, see the care home negligence guide.

Compensation in a nursing negligence claim

Compensation in a nursing negligence claim is assessed by reference to the injury caused. The Judicial College Guidelines (17th edition, April 2024) provide the applicable brackets.

Pressure ulcers: grade 3 and grade 4 pressure ulcers causing permanent tissue damage are assessed in the JCG brackets for scarring and soft tissue injury. Severe cases requiring surgery, causing chronic wound complications, or causing sepsis are at the higher end of those brackets and may also attract claims for associated medical complications.

Hypoglycaemic brain damage: insulin dosing errors causing serious brain damage are among the highest-value nursing negligence claims. General damages for severe brain damage range upward from £282,010 in the most catastrophic cases.

Falls: the compensation depends on the injury. A hip fracture in an elderly patient may attract general damages of £12,900 to £24,990 (JCG minor to moderate hip fractures), with substantial special damages for care costs and rehabilitation.

For compensation ranges across injury types, see the compensation guide.

Time limits and how to start

The time limit is three years from the date of the nursing negligence or from the date of knowledge if the harm only became apparent later. Many nursing negligence harms are immediately apparent; others, such as the long-term consequences of a hypoglycaemic episode or a serious pressure ulcer, may develop over time.

A solicitor will obtain the nursing notes, observation charts, medication administration records, and care plans alongside the medical records. An independent nursing expert reviews the records and reports on the standard of care. For time limits, see the time limits guide. For funding, see the funding guide.

This page provides legal information, not legal advice. If you believe nursing negligence caused you harm, speak to a qualified solicitor who specialises in clinical negligence.