If NHS doctors ignored your concerns and it led to harm, you may be entitled to medical negligence compensation. Under Martha’s Rule, patients and families can now request an urgent second opinion when they feel their concerns are not being taken seriously. This legal right empowers you to act swiftly—and if something goes wrong, you may have a strong claim.
Understanding Martha’s Rule: What It Means for You
When you or a loved one is in hospital, you expect to be heard. But what happens when doctors ignore your concerns—and something goes seriously wrong?
This is where Martha’s Rule comes in. Launched after the tragic death of 13-year-old Martha Mills, this new NHS policy gives patients, families and carers the right to request a second opinion if they believe a patient’s condition is getting worse but doctors aren’t taking it seriously.
The goal? To prevent avoidable deaths, missed diagnoses, and treatment delays caused by poor communication or medical negligence.
But what if it’s too late? If a doctor’s failure to act caused you or your family member harm, you may have grounds to claim compensation for medical negligence.
People Also Ask
Q1.❓ Can I sue the NHS if a doctor ignores my concerns?
Yes. If ignoring your concerns led to injury, delayed diagnosis, or even death, you may have a valid NHS medical negligence claim.
Q2.❓ What is Martha’s Rule in the UK?
Martha’s Rule gives patients and families the legal right to request an independent clinical review if they believe a patient is deteriorating and their concerns aren’t being addressed.
Q3.❓ How do I use Martha’s Rule?
You can directly ask for a Rapid Review from a separate medical team. This request bypasses the usual care team, giving you an immediate second opinion.
Q4.❓ Does Martha’s Rule apply to private hospitals?
Currently, Martha’s Rule only applies to NHS hospitals in England. It is not yet rolled out across private healthcare.
Q5.❓ Can I get compensation if my child was misdiagnosed?
Yes. If your child was misdiagnosed or mistreated due to doctors ignoring your input, you can claim on their behalf for pain, suffering and long-term effects.
When Can You Make a Claim?
You can claim compensation if:
- Doctors ignored your concerns and it led to serious harm
- A loved one’s condition worsened or they died due to inaction
- There was a failure to diagnose or a delay in treatment
- You were not offered a second opinion despite asking
You must show that the care provided fell below acceptable medical standards and that it directly caused harm.
According to the NHS Resolution’s annual report, over 15,000 new negligence claims are made each year in England alone—many due to communication failures and missed warning signs.
What Went Wrong in the Martha Mills Case?
In 2021, Martha Mills died of sepsis at King’s College Hospital in London. Her parents repeatedly raised concerns about her condition, but doctors failed to escalate care to the intensive unit. A coroner later ruled her death was “preventable”, and the consultant responsible was found to have committed gross negligence.
In response, the government introduced Martha’s Rule in 2025 to give families a stronger voice in care decisions—and to stop tragedies like Martha’s from happening again.
What Counts as Doctors Ignoring You?
Examples of doctors ignoring patients or families include:
- Not acting on complaints about pain or deterioration
- Dismissing symptoms without proper investigation
- Refusing a second opinion, even when requested
- Delaying tests or scans despite clear risk factors
- Failing to escalate care, especially in emergencies
When these actions result in harm or loss of life, you could have grounds for a medical negligence claim under UK law.
How to Start a Claim if You Were Ignored
To begin your claim, you should:
- Gather medical records and evidence of your concerns
- Document communication failures (e.g. notes, emails, messages)
- Contact a solicitor who specialises in NHS negligence
- Submit your claim within three years of the incident (or within three years of discovering the harm)
How Much Compensation Can You Claim?
The amount of compensation depends on the severity of harm caused and the impact on your life, including:
| Injury Type | Estimated Compensation |
|---|---|
| Delayed diagnosis (moderate) | £5,000 – £20,000 |
| Sepsis complications (serious) | £45,000 – £200,000+ |
| Fatal negligence (dependency loss) | £12,980 (statutory) + other costs |
| Psychological harm | £3,000 – £80,000+ |
You may also claim for lost income, care costs, therapy, and funeral expenses (in fatal cases).
Compensation is often split into:
- General damages – pain, suffering, and loss of amenity
- Special damages – financial losses like earnings and expenses
Every case is different, so speak to a qualified solicitor for a detailed estimate.
How Martha’s Rule Strengthens Your Case
If your request for a review under Martha’s Rule was ignored or mishandled, it could:
- Strengthen your case for gross negligence
- Prove systemic failings in NHS protocol
- Highlight a breach of duty of care by the hospital
Using Martha’s Rule creates a clear trail of communication, which is crucial when building a legal claim.
What If It Happened Before Martha’s Rule?
Even if your case occurred before 2025, you can still claim. Courts will consider:
- Whether the medical team ignored clear symptoms
- If your concerns were raised and disregarded
- Whether reasonable action could have prevented the outcome
A solicitor can help you understand your rights, regardless of when the incident took place.
National Claims Can Help
If you feel ignored by NHS staff and suffered as a result, don’t go through it alone.
National Claims can help you:
- Understand your rights under Martha’s Rule
- Gather medical evidence for your claim
- Connect with expert solicitors in medical negligence
- Navigate the claims process with confidence
Final Thoughts: Don’t Stay Silent – Speak Up and Claim What You Deserve
Being ignored by doctors can have devastating consequences. Martha’s Rule now gives families the power to act sooner—but if something still goes wrong, you have the legal right to claim compensation.
Whether you experienced delayed care, a missed diagnosis, or tragic loss, help is available.
📞 Start Your Claim Today
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
Your voice matters. Your claim matters. Let’s make sure you’re heard.
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