Hospital Negligence

Hospital Negligence Solicitors — Claims Against NHS and Private Hospital Trusts

NHS trusts and private hospitals owe patients a duty to provide treatment to the standard of a reasonably competent practitioner in the relevant specialty. Hospital negligence encompasses failures across every department — from A&E triage and ward nursing to specialist surgical and diagnostic services. Claims against NHS trusts are managed by NHS Resolution under the Clinical Negligence Scheme for Trusts (CNST). A specialist solicitor navigates the pre-action protocol, commissions multi-expert evidence, and pursues the full compensation your injuries justify.

NHS Resolution / CNST Pre-action protocol Multi-expert evidence No win no fee
⚠️ Request your hospital records now. NHS trusts are required to retain medical records for a minimum of 8 years (adults) or until age 25 (children). Records can be requested under UK GDPR — the trust must respond within one month. Early access to records allows a solicitor to assess the merits of your claim and protects you against records being lost or destroyed.

Common Hospital Negligence Claims

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A&E mismanagement — failure to triage correctly, excessive waiting times leading to clinical deterioration, failure to identify life-threatening conditions (MI, PE, stroke, ectopic pregnancy), and premature discharge without adequate investigation. The NEWS2 (National Early Warning Score) system sets the standard for identifying and escalating deteriorating patients.
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Medication errors — wrong drug, wrong dose, wrong route, or wrong patient in hospital. Failure to check drug allergies, dangerous drug combinations, and failure to prescribe prophylactic medications (anticoagulants, antibiotics, thromboprophylaxis VTE). Hospital pharmacist scrutiny is part of the safety system — failures in this system are institutional negligence.
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Hospital-acquired infections — MRSA, C. difficile, surgical site infections, and catheter-associated UTIs caused by failures in infection control protocols. The Health and Social Care Act 2008 Code of Practice on infection prevention and control sets the standard against which the trust's conduct is measured.
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Failure to escalate deteriorating patients — ward staff failing to recognise and escalate a patient whose clinical condition is deteriorating, failure to call the rapid response or outreach team when NEWS2 score triggers escalation, and failure to involve senior clinical decision-makers. Many avoidable deaths in hospital result from failure to escalate.
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Radiology and imaging errors — misinterpretation of X-rays, CT scans, MRI images, and other investigations by radiologists or reporting clinicians. Missed fractures, missed pulmonary emboli, missed haemorrhage, and missed tumours on imaging are well-recognised categories of hospital negligence with life-altering consequences.
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Nursing care failures — pressure sores developing in hospital, patient falls on wards, failure to manage fluid balance, inadequate monitoring of post-operative patients, and failure to report clinical deterioration to medical staff.

NHS Resolution and the CNST

Claims against NHS hospital trusts are managed by NHS Resolution (formerly the NHSLA) through the Clinical Negligence Scheme for Trusts (CNST). Under the CNST:

  • NHS trusts pay annual contributions to NHS Resolution based on their claims experience and risk profile
  • NHS Resolution handles the defence of clinical negligence claims on behalf of member trusts
  • NHS Resolution employs specialist solicitors and regularly instructs leading clinical negligence barristers — it is a well-resourced and experienced defendant organisation
  • Claimants who are not represented by a specialist medical negligence solicitor are at a significant disadvantage when dealing with NHS Resolution's legal team
  • Under the Pre-Action Protocol for the Resolution of Clinical Disputes, NHS Resolution has 4 months from the Letter of Claim to respond — during which it instructs its own experts and develops its defence strategy

Frequently Asked Questions

What is the difference between NHS hospital negligence and private hospital negligence?

NHS hospital trusts are vicariously liable for the clinical negligence of their employed clinicians — claims are handled by NHS Resolution under the CNST. Private hospitals may be vicariously liable for employed clinical staff, but consultants who practise privately are typically independent contractors personally insured through a medical defence organisation — the claim may be against the individual consultant, not the hospital. A solicitor identifies all potentially liable defendants, which may include both the private hospital and the individual clinician.

I was asked to sign a Duty of Candour statement by the hospital — what does this mean?

The Duty of Candour (Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014) requires NHS trusts to tell patients when they have been harmed by a safety incident, provide an apology, and explain what happened. A Duty of Candour notification and apology is not a legal admission of liability — it cannot be used as evidence in proceedings — but it is important evidence that the trust acknowledged a notifiable safety incident. A solicitor reviews the Duty of Candour documentation alongside the clinical records.

Can I claim if the hospital has already apologised?

Yes. A hospital apology under the Duty of Candour is not an admission of legal liability and does not affect your right to claim compensation. The Civil Liability Act 1996 provides that apologies made in connection with civil disputes cannot be treated as admissions of liability unless the apology specifically admits fault — institutional apologies typically do not. A specialist solicitor explains how the apology sits within the legal claim.

What is a serious incident investigation, and how does it relate to my claim?

When a significant patient safety event occurs, the NHS trust is required to conduct a Serious Incident (SI) investigation under NHS England's Patient Safety Incident Response Framework (PSIRF). The SI report analyses what went wrong, identifies contributory factors, and makes recommendations to prevent recurrence. SI reports are internally generated documents — the trust is the author and may not provide them voluntarily. A solicitor can request the SI report disclosure through the litigation process or Freedom of Information. The report's findings can be powerful evidence in support of a clinical negligence claim.

Will the hospital know I am making a claim?

Yes — the pre-action protocol requires a Letter of Claim to be sent to the defendant trust before proceedings are issued. NHS Resolution will be notified and instructed to manage the claim. Patients are sometimes concerned about their ongoing treatment when they are claiming against the same trust — in practice, clinical care is managed separately from claims management. A solicitor can assist where a patient has concerns about ongoing care.

How It Works

One clear request. A hospital negligence specialist contacts you.

No upfront cost. A specialist hospital negligence solicitor manages the pre-action protocol with NHS Resolution, commissions independent clinical expert evidence, and pursues full compensation for your injuries.

Submit Your Request
1

Tell us what happened

Describe the hospital treatment, the harm caused, and the trust's response to your concerns.

2

Matched to a specialist

We connect you with a specialist hospital negligence solicitor experienced in NHS Resolution protocol.

3

Records obtained & experts instructed

Your solicitor obtains hospital records, commissions expert evidence on breach and causation, and pursues full compensation.

No Win No Fee

Harmed by negligent hospital treatment? NHS Resolution is a well-resourced opponent — you need specialist representation.

NHS Resolution handles hundreds of clinical negligence claims annually and employs specialist legal teams. A specialist hospital negligence solicitor matches that expertise — and pursues your full compensation on a no win no fee basis.

Submit Your Request

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