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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Hospital Negligence Claims

England & WalesLast reviewed 18 September 2026

A hospital negligence claim is brought against the trust or private hospital responsible for the care, and needs proof of substandard care that caused you harm. NHS trust claims are handled by NHS Resolution, and hospitals have a statutory duty of candour when something goes wrong.

Who You Claim Against

For NHS hospital care in England the defendant is normally the NHS trust, and the claim is dealt with by NHS Resolution under the Clinical Negligence Scheme for Trusts. For private treatment it is the private hospital or the consultant and their insurers, depending on who was responsible for the care that fell short.

The Duty of Candour

Direct Answer: Registered providers must tell patients openly and promptly when a notifiable safety incident has occurred, explain what they know and apologise, under regulation 20 of the 2014 Regulated Activities Regulations.

The duty is separate from legal liability. An apology or explanation is not an admission of negligence, but the hospital's investigation report and duty of candour letter are often valuable evidence for a later claim.

What Counts as Substandard Care

The test is what a reasonably competent practitioner in that role would have done, applying the Bolam and Bolitho principles. Typical hospital claims involve missed or delayed diagnosis, failure to escalate a deteriorating patient, hospital-acquired infections, pressure sores, in-patient falls and unsafe discharge. An expert with the right specialty reviews the records.

Frequently Asked Questions

Who do I sue for hospital negligence?

The NHS trust or private hospital responsible for the care, not usually the individual doctor. Claims against NHS trusts in England are handled by NHS Resolution.

What is the duty of candour?

A legal duty on registered health providers to be open and honest with patients when a notifiable safety incident occurs, including giving an account of what happened and apologising. It does not decide liability.

Can I get my medical records?

Yes. You have a right to a copy of your records under data protection law, usually free of charge. Obtaining them early is a normal first step, because they show what care was given and when.

Should I complain or claim?

They are different routes: a complaint seeks an explanation and an apology, while a claim seeks compensation. A complaint does not stop the limitation clock, so consider both early.

How long do I have to bring a hospital negligence claim?

Generally three years from the date of the negligent act or, if later, your date of knowledge: when you first knew the injury was significant and connected to the care you received. The clock works differently for children, who usually have until three years after their 18th birthday, and for people who lack mental capacity. A court has a limited discretion to allow late claims, but you should not rely on it.

Can I bring a clinical negligence claim on a no win no fee basis?

Usually, if a solicitor thinks the claim has reasonable prospects, because legal aid is not generally available for clinical negligence. Expert reports are a large cost, so many claimants also take out after-the-event insurance. Ask your solicitor how disbursements are covered, and how QOCS protects you from the other side's costs if you lose.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. NHS Resolution

    Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.

  8. Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, reg. 20 (duty of candour)

    Registered providers must tell patients openly and promptly when a notifiable safety incident has occurred and apologise.

  9. Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Doctors must take reasonable care to ensure a patient is aware of any material risks of a recommended treatment and of reasonable alternatives. Consent is judged from the patient's perspective, not by what a responsible body of doctors would disclose (the Bolam test).

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.