Last reviewed: 9 August 2026 by Editorial Team
NHS Complaint or Compensation Claim?
| Issue | NHS complaint | Medical negligence claim |
|---|---|---|
| Purpose | Explanation, investigation, apology or improvement | Compensation for injury and loss |
| Test | Complaint and service standards | Duty, breach, causation and loss |
| Evidence | Records, chronology and investigation material | The same material plus independent experts and loss evidence |
| Deadline | Complaint rules apply | Separate limitation law applies |
Read more about making a medical negligence claim against the NHS.
Before You Write
Decide what you want the complaint to achieve. Gather the treatment dates, department, hospital or GP practice, names where known, and the main events. Explain the effect on the patient, while separating facts you know from conclusions you suspect.
Possible outcomes to request include an explanation, relevant investigation findings, correction of inaccurate records, an apology, details of changes made, or a meeting addressing numbered questions.
What to Include in an NHS Complaint
- Who the complaint concerns and your authority if acting for someone else.
- A short chronology with dates.
- The specific acts or omissions you want investigated.
- The harm or consequences.
- Numbered questions and the outcome you want.
- Relevant copies, while keeping original documents.
Use the complaint route published by the responsible NHS organisation. If several organisations were involved, ask whether the response can be coordinated.
Duty of Candour
NHS organisations and regulated professionals have duties concerning openness when care causes harm. A candid explanation or apology can be important, but it is not the same as a final legal admission of breach and causation. Equally, a defensive complaint response does not prevent independent experts reaching a different view.
If the Response Is Unsatisfactory
Check whether every numbered question was answered and whether local resolution is complete. Ask for clarification, missing records or a meeting where appropriate. After the organisation’s procedure is exhausted, the Parliamentary and Health Service Ombudsman may consider eligible complaints about NHS services in England. Its process does not replace a civil claim for damages.
Complaints, Evidence and Legal Time Limits
A complaint may produce chronology, staff accounts, explanations and action plans. Those documents must still be assessed in context. Complete records and independent expert opinion are normally needed to determine whether the legal test is met. See the medical negligence evidence guide.
Do not wait for a complaint to finish if the legal deadline may be close. In England and Wales, many claims must be issued within three years of the incident or relevant date of knowledge, subject to important exceptions. Read about medical negligence time limits.
Frequently Asked Questions
Can I make an NHS complaint and a claim at the same time?
Often yes. They have different purposes. Limitation advice should not wait for the complaint outcome.
Does an apology prove medical negligence?
Not automatically. A claim still requires evidence of breach, causation and loss, although the apology and investigation may be relevant.
Does an NHS complaint stop the three-year time limit?
Normally no. Obtain jurisdiction-specific advice promptly.
What can the Parliamentary and Health Service Ombudsman do?
It can investigate eligible complaints about NHS service failure in England after local resolution. It is not a substitute for a civil damages claim.
Sources & References
- How to complain to the NHS — NHS
- Making a complaint — Parliamentary and Health Service Ombudsman
- Regulation 20: Duty of candour — Care Quality Commission