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.

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