THE SHORT ANSWER
Yes. A claim against the NHS works in the same way as a claim against a private provider, and exactly the same legal test applies. In England, NHS claims are handled by NHS Resolution. In Wales, they are handled by the NHS Wales Legal and Risk Services. Private claims usually go to the provider’s insurer.
Most medical negligence cases involve NHS care, and most people are uneasy about the idea of claiming against it. That unease usually comes down to two specific worries, and both have clear answers.
Claiming against the NHS in England and in Wales
You can claim against the NHS in the same way as against any other provider. The legal test is identical: care that fell below an acceptable standard, and harm caused by it.
The claim is made against the NHS body responsible for you care, such as hospital trust of a GP practice, rather than against an individual.
• In England, NHS claims are handled by NHS Resolution, which runs the NHS indemnity schemes.
• In Wales, they are handled by NHS Wales Legal and Risk Services.
In both cases you are dealing with an organisation that handles claims of this kind every day, not with the ward or the surgery where you were treated.
Claiming against a private hospital, clinic or consultant
Private claims usually go to the insurer of the hospital, clinic or consultant involved, or to the professional indemnity body the clinician belongs to.
One difference worth knowing: in private treatment, a consultant is often engaged directly by you rather than employed by the hospital. That can affect who the claim is properly brought against, which is something your solicitor works out from your records and your agreements rather than something you need to establish yourself.
Will making a claim affect my NHS treatment?
Making a claim should not affect your right to NHS treatment. You remain entitled to care in the same way as anyone else.
Many people continue to be treated by the same trust while a claim is ongoing. If you would prefer not to be, you can ask to be referred elsewhere, and that request is separate from the claim.
Your right to NHS care does not depend on whether you have made a claim, and it is not something the NHS can withdraw because of one.
Who actually pays the compensation?
In NHS claims, compensation is paid through the NHS indemnity schemes, not by the individual doctor, nurse or midwife who treated you.
This matters to a lot of people. It is common to want answers without wanting to cause a problem for someone who was, in every other respect, trying to help you. A claim does not take money from that person and it is not a disciplinary process.
In private claims, compensation is normally paid by the provider’s insurer or indemnity body.
What if the NHS paid for my private treatment?
This comes up more often than people expect, particularly with waiting list initiatives and referrals into private capacity.
If the NHS paid for your treatment at a private, the claim may be against the NHS body, the private provider, or both. It depends on how your care was arranged and who was responsible for what.
You do not need to work this out before getting advice. It is established from the paperwork at the start of the claim.
Related guides - Read here
Treated by the NHS and unsure what to do?
You can ask about it without committing to anything, and without it affecting your care. Tell us what happened and we will explain your options.
-
Yes. Making a claim should not affect your right to NHS treatment. If you would prefer to be treated by a different trust, you can ask to be referred, and that is separate from the claim itself.
-
No. In NHS claims, compensation is paid through the NHS indemnity schemes rather than by the individual who treated you. In private claims it is normally paid by the provider's insurer or indemnity body.
-
The legal test is the same. The practical difference is who the claim is brought against. In private treatment a consultant may be engaged directly by you rather than employed by the hospital, which can affect who is responsible.