NHS Resolution paid out a record £3.24 billion in compensation and legal costs during 2025/26, up from around £3.1 billion the year before. A record 15,236 new clinical negligence claims were reported, and a record 84% of cases were resolved without court proceedings. If you’ve experienced poor NHS treatment, you may be entitled to compensation you’re not aware of.
The Scale of NHS Clinical Negligence in 2025/26
The latest figures from NHS Resolution’s annual report are striking. A total of £3.24 billion was paid out in 2025/26 for compensation and associated costs, up 4.8% on the previous year. Of that total, £2.43 billion went directly to claimants in damages, £622 million covered claimant legal costs, and £188 million covered the NHS’s own legal costs.
In the same period, NHS Resolution received 15,236 new clinical negligence claims — up roughly 6% on the year before, and a new record. However, the organisation closed just over 10,000 clinical claims for compensation, a 30% fall on the prior year, following disruption caused by the rollout of its new CaseHub case management system. As a result, the total number of resolved claims fell 11% to 11,841.
Importantly, a record 84% of claims concluded in 2025/26 were settled without formal court proceedings, continuing a long-running trend. This is encouraging news for anyone hesitating to come forward — the process is far less adversarial than many people expect, and most cases never see the inside of a courtroom.
These figures do not represent frivolous claims. They represent real patients whose lives were changed by avoidable errors, missed diagnoses, surgical mistakes, and failures of care. If that describes your experience, you deserve to know your rights.
The True Cost of NHS Negligence in 2025/26
The latest NHS Resolution report has unveiled eye-opening figures for clinical negligence claims across England. Compensation claims have surged, legal costs are rising fast, and thousands of patients are stepping forward after experiencing medical errors.
In total, £3.1 billion was paid out in damages and legal expenses — but that’s only the tip of the iceberg.
According to the report:
- The estimated annual cost of harm to the NHS stands at £4.9 billion
- Claimant legal fees alone reached £620.9 million, up 14% year-on-year
- Claimant costs for low-value claims (under £25,000) averaged £27,380, often exceeding the actual damages awarded
These numbers highlight the growing burden of medical negligence — not just on the NHS, but on patients who continue to suffer the consequences of avoidable harm.
Rising Claim Numbers: Are More Patients Speaking Out?
In 2025/26, 14,428 new clinical negligence claims were reported — a 5% increase compared to the previous year. This shows that public awareness of NHS compensation claims is rising, especially in light of recent media investigations into maternity care and surgical errors.
Out of the total claims:
- 83% were resolved outside of court (11,110 cases)
- 14,431 clinical claims were resolved in total — slightly more than the number reported
This suggests that the NHS is actively working through a backlog of previous complaints while facing a steady flow of new cases.
NHS Payout Figures by Specialty (2025/26)
NHS Resolution’s most recent published specialty breakdown (2024/25) shows where compensation is concentrated, and the pattern has held steady for several years running.
| Specialty | Total Damages Paid | Share of Total Payouts | Common Claim Types |
|---|---|---|---|
| Obstetrics (Maternity) | ~£1.3 billion | ~60% of clinical scheme total | Birth injury, cerebral palsy, stillbirth, delayed C-section |
| Emergency Medicine | £141.8 million | ~7% | Delayed diagnosis, triage failures, A&E errors |
| Paediatrics | £137 million | ~7% | Delayed diagnosis, developmental failures, birth aftercare |
| Orthopaedic Surgery | £81.0 million | ~4% | Wrong-site surgery, poor aftercare, misdiagnosis |
| Neurosurgery | £47.1 million | ~2.5% | Surgical complication, spinal nerve damage |
| General Surgery | £48.4 million | ~2.5% | Bowel injury, surgical error, wound complications |
| Radiology | £45.9 million | ~2.5% | Missed findings, delayed cancer diagnosis |
| Gynaecology | £38.9 million | ~2% | Surgical injury, failed sterilisation, misdiagnosis |
| General Medicine | £27.5 million | ~1.5% | Medication errors, delayed treatment, mismanagement |
Maternity claims remain by far the biggest cost driver, with obstetric care accounting for more than half the value of new claims notified. Families affected by birth trauma or long-term injury are frequently owed substantial compensation.
Top Areas of NHS Negligence Claims
The three most common areas for clinical negligence claims were:
- Emergency Medicine – Often involving delayed diagnoses or incorrect treatment.
- Obstetrics (Maternity Care) – A leading cause of high-value claims due to birth injuries.
- Orthopaedic Surgery – Including cases of surgical errors, misdiagnosis, and poor aftercare.
Maternity claims remain a significant concern. With obstetrics contributing to the largest portion of high-value payouts, families impacted by birth trauma or long-term injuries may be owed substantial compensation.
Scheme-by-Scheme Breakdown
Clinical Negligence Scheme for Trusts (CNST)
- New claims: 11,396
- Claims closed: 11,063
This scheme covers NHS hospitals and is responsible for the vast majority of clinical compensation payouts.
Clinical Negligence Scheme for General Practice (CNSGP)
- New claims: 2,575 (+8.1% YoY)
- Closed claims: 2,229 (+11.8% YoY)
With more GP-related complaints surfacing, this area is becoming a key focus for patient justice.
Early Notification Scheme (Maternity)
- Cases received: 126
- 84% of NHS trusts are now fully compliant with maternity safety standards
While this shows progress, the volume of maternity-related claims still signals room for significant improvement.
What About Non-Clinical and Covid-Related Claims?
Not all NHS compensation claims relate to medical treatment. In fact:
- 3,122 new non-clinical claims were filed — down 7.1% year-on-year
- £23.4 million was paid in damages for non-clinical incidents (e.g., workplace accidents, harassment)
- Total non-clinical payments: £45.0 million
Covid-related claims also remain low in volume but continue to be tracked separately:
- 159 general Covid-related clinical claims
- 8 new claims under the Coronavirus-specific scheme (CNSC), with 17 resolved
Special Focus: Vaginal Mesh & Sodium Valproate
Two emerging categories are gaining attention:
- Vaginal mesh implant claims: 60 submitted via dedicated gateway
- Sodium valproate claims: 6 so far
Both categories represent serious long-term health impacts and may lead to broader group claims in the near future.
Legal Costs Continue to Rise
One of the most concerning trends in this year’s report is the continued rise in legal expenses, despite efforts to reduce them. Notably:
- Claimant legal costs for small claims often exceed the damages paid
- Periodical Payment Orders (PPOs) — long-term compensation arrangements — rose to 161
These costs not only burden the NHS but also indicate how complex and contested many of these cases remain.
How the Claims Process Works
- Get in touch with National Claims for a free, no-obligation assessment of your situation.
- We’ll ask you a few questions about your treatment and the harm you experienced, so we understand your case.
- If your claim looks viable, we’ll connect you with an experienced solicitor from our panel who specialises in NHS negligence.
- Your solicitor will gather medical records and independent expert evidence to establish what went wrong.
- Most cases are resolved through negotiation or mediation, without ever reaching a courtroom.
- If liability is accepted, your solicitor will negotiate the compensation that reflects your injury, losses, and future needs.
- You receive your compensation, with your solicitor’s success fee only payable if your claim succeeds.
Why Choose National Claims?
We handle the initial legwork so you can focus on your recovery, not paperwork
We connect you with experienced, regulated solicitors who specialise specifically in NHS and clinical negligence claims
There’s no upfront cost to find out if you have a claim
Our panel solicitors work on a no win, no fee basis, so you’re not left out of pocket if a claim doesn’t succeed
People Also Ask
1. What is the average NHS compensation payout?
It varies, but most clinical negligence claims range between £10,000 and £100,000. Severe injury or lifelong disability cases can exceed £1 million.
2. How long do NHS compensation claims take?
Simple claims may take 6–12 months, while complex cases can last 2–3 years.
3. Can you claim compensation from the NHS for misdiagnosis?
Yes, if the misdiagnosis caused harm or worsened your condition, you may have a valid claim.
4. Are maternity claims still rising?
While safety compliance is improving, maternity-related claims remain among the most frequent and high-value areas of NHS compensation.
5. Do I need a solicitor to make a claim?
It’s strongly recommended. National Claims works with expert solicitors who specialise in NHS compensation claims and work on a no win, no fee basis.
Final Thoughts: Know Your Rights & Take Action
The NHS 2024/25 statistics confirm what many already feared — NHS negligence is still a serious problem, and thousands of people are suffering the consequences. If you or a loved one were affected by poor care, misdiagnosis, or surgical errors, you may be entitled to compensation.
National Claims is here to help. We’ll connect you with a trusted solicitor who will review your case, explain your options, and fight for the payout you deserve — all with no upfront cost.
Start Your Claim Today
Don’t wait while your claim window closes. Speak with National Claims today. We’ll connect you with experienced solicitors who understand your case and fight for the maximum compensation you deserve.
Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
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About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
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