Based on Recent News
The newly released figures from the NHS Resolution Annual Report show that clinical negligence claims and reported incidents have reached record levels in the past year.
The NHS plays an essential role in the lives of millions of people in England. Most patients receive care without ever needing to consider the legal issues surrounding their treatment, but healthcare is not without risk, and sometimes things do go wrong.
During 2025-2026, NHS Resolution received 15,236 new clinical negligence claims and reported incidents, compared with over 14,000 in the previous year. It has been reported that 3.2 billion was paid across NHS Resolution’s clinical schemes, including approximately 2.43 billion in damages to claimants, that’s an increase of 6% compared to 2024/2025.
But the number of claims does not mean that 15,236 cases of negligence were proven. A claim is an allegation that something went wrong and requires investigation. Clinical negligence must be established by demonstrating that the appropriate standard of care was not met and that this caused or contributed to the patient’s injury.
The national figures provide an overview of what’s happened across the NHS, but our own experience of representing patients gives us a more personal insight into the real concerns people are raising. So, what are we seeing from our own enquiries?
We have seen a 90% increase in enquiries relating to potential GP negligence in the past 6 months. (This is based on The Medical Law Partnership internal enquiry data and isn’t representative of national figures) This is notable as the report also records a 20% increase in claims under Clinical Negligence Scheme for General Practice. Some enquiries have involved concerns about symptoms that have continued or worsened without a clear explanation. Others have been questions about whether a referral should have been made sooner or whether appropriate follow-up took place.
People come to us and do not always initially know whether they have experienced negligence, and that’s completely normal. You may simply just know that the outcome was not what you expected or you have been left with questions about the treatment you have received. Seeking advice does not mean assuming that someone is at fault. It can simply help you understand what has happened and whether there are any steps you should take.
Knowing Your Rights When Something Goes Wrong
One of the most important things patients can know is that they have rights when receiving treatment.
For example, you may wish to seek advice if you believe there has been:
- a delay in diagnosis or missed diagnosis
- a failure to recognise or respond to worsening of your condition
- an avoidable surgical error
- an incorrect or delayed treatment
- a medication error
- an issue with maternity or pregnancy care
- a failure in the standard of care you have received
It is also important to understand that experiencing one of these situations does not automatically mean that negligence has occurred.
Legal advice can help establish whether the appropriate standard of care was provided and, where negligence is established, whether compensation can be claimed for the harm caused.
Learning From Claims
Clinical negligence claims should not just be viewed simply as a criticism of the NHS or the healthcare professionals – they can also form part of the wider process of improving patient care and safety. When something goes wrong, understanding why is so important. The report places significant emphasis on using claims data and insights to support learning and patient safety, recognising that understanding why harm occurs can help identify opportunities for improvement.
If you are concerned about treatment, you or a loved one has received, you do not need to know whether you have a legal claim before seeking advice. Sometimes, getting specialist advice simply helps you understand what happened and what options are available to you.
At the Medical Law Partnership, we listen to your experience and provide an honest assessment of whether the standard of care was met.
At the Medical Law Partnership, our specialist medical negligence team are here to help you understand your rights and make informed decisions when something has gone wrong with your care.