By far and away, the most common misconception about clinical negligence claims is that making a legal claim against the NHS will take money away from frontline care and services.

This is not the case, writes Clinical Negligence expert Elizabeth Larner.

The NHS has NHS Resolution, which acts as its insurance body. When compensation is awarded in a clinical negligence claim, it is NHS Resolution—not the hospital or medical department—that pays the compensation and covers legal costs. These funds do not come from budgets allocated for medical care, equipment, or staffing.

Similarly, if a claim is made against a GP, nurse, or private medical practitioner, they will have their own professional liability insurance, much like car or home insurance. In the event of a successful claim, their insurer—not the individual—will pay the compensation and legal fees.

Once a Letter of Claim is submitted, it is typically forwarded to NHS Resolution or the relevant insurer, who will then investigate the circumstances and determine whether negligent care occurred. From that point, all communication is usually handled by the claims team or their appointed solicitors, not the medical professionals themselves.

Understanding this process helps to reassure those considering a claim that they are not taking resources away from essential NHS services. Instead, clinical negligence claims play a crucial role in ensuring accountability and improving patient care.

Speak to Elizabeth Larner

Elizabeth is a Partner at Wollens and can advise you. Contact Elizabeth via email Elizabeth.Larner@wollens.co.uk or call 01803 225135.

Elizabeth Larner - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

3 minute read
Buying a new build home: how it differs from a standard purchase - Wollens Solicitors Devon

Buying a new build home: how it differs from a standard purchase

Read Article
2 minute read
What does exchange of contracts mean? - Wollens Solicitors Devon

What does exchange of contracts mean?

Read Article
2 minute read
Jess’s Rule and Clinical Negligence - Wollens Solicitors Devon

Jess’s Rule and Clinical Negligence

Read Article
5 minute read
Break clause bear traps: how businesses accidentally lose lease exit rights - Wollens Solicitors Devon

Break clause bear traps: how businesses accidentally lose lease exit rights

Read Article
3 minute read
Pre-contract searches: what are they and why do they matter? - Wollens Solicitors Devon

Pre-contract searches: what are they and why do they matter?

Read Article
4 minute read
AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice - Wollens Solicitors Devon

AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice

Read Article
3 minute read
Preparation Remains the Key to a Successful Move - Wollens Solicitors Devon

Preparation Remains the Key to a Successful Move

Read Article
3 minute read
10 Things to Remember When Selling Your House - Wollens Solicitors Devon

10 Things to Remember When Selling Your House

Read Article