Nursing Negligence Claims

If you or someone you love suffered avoidable harm because of substandard care from a nurse, you may be eligible to make a nursing negligence claim for compensation.

Nurses are essential medical staff, providing healthcare in a variety of settings, including hospitals, care homes, schools and households. However, when a nurse fails to meet the standard of care expected of them, the consequences can sometimes be life-changing.

Examples of nursing negligence include failing to properly monitor patients, administering the wrong medication, and not adhering to established hygiene protocols.

To find out if you can make a claim for nursing negligence, call 0800 470 0474 today for a free case assessment or request a call back. If you can proceed, you will be offered a no win no fee service and support at every step of the claim.

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Table of Contents

• What is the duty of care of nurses?
• What is considered nursing negligence?
• Am I eligible to make a nursing negligence claim?
• How do I make a nursing negligence compensation claim?
• Evidence needed to support a claim for nursing care negligence
• Is it okay to make a claim against the NHS?
• Can I make a claim on behalf of a loved one?
• What is the time limit to claim compensation for nursing negligence?
• How much compensation could I receive for negligent nursing care?
• Can I claim for nursing errors on a No Win No Fee basis?
• How long will my claim take?
• Will I have to go to court to settle a nursing care claim?

What is the duty of care of nurses?

Like all other healthcare professionals, nurses owe their patients a legal duty of care. They must always follow the professional standards of practice established by the Nursing and Midwifery Council (the NMC Code) and other guidance, which include:

• Administer medicines correctly.
• Treat patients with respect, kindness and compassion.
• Listen to patients and respond to their concerns.
• Act in the patient’s best interests at all times.
• Monitor the patient’s condition and report any changes or concerns.
• Follow treatment plans and protocols.
• Maintain hygiene standards to prevent infections.
• Communicate effectively with patients and doctors.
• Keep clear and accurate records.

If a nurse breaches this duty and causes avoidable harm, it may be considered nursing negligence.

What is considered nursing negligence?

Negligence in nursing occurs whenever the care provided by a nurse falls below a reasonable standard. Examples include:

• Medication errors, such as administering the wrong medicine or dosage.
• Failing to give a patient their medication altogether.
• Failing to monitor a patient or record their vital signs, such as blood pressure and heart rate.
• Failing to take the patient’s full medical history or record vital information on their chart.
• Failure to respond to or report critical changes in a patient’s condition.
• Not following proper hygiene protocols, leading to infections.
• Failing to complete a medication chart for a patient.
• Improper wound care or failure to prevent pressure sores.
• Not following a doctor’s instructions.
• Misusing medical devices or performing procedures incorrectly.
• Poor record-keeping, including the loss or damage of medical records.
• Failure to prevent falls and other preventable injuries.
• Poor communication that delays treatment or diagnosis.

These are just a few examples of substandard care that could lead to a nursing or hospital negligence claim.

Am I eligible to make a nursing negligence claim?

To find out within minutes if you can proceed with a claim, all you have to do is get in touch with an experienced medical negligence lawyer for a free consultation.

Typically, you are entitled to compensation if:

• You were owed a legal duty of care.
• The duty of care was breached – your nurse’s actions fell below the standard expected of a reasonably competent nurse.
• The breach directly caused you harm – such as a new injury or the worsening of your condition.
• You suffered damages as a result, such as pain, suffering and financial losses.

How do I make a nursing negligence compensation claim?

There are several steps involved in making a claim for medical negligence compensation:

• Contact a specialist solicitor with experience in nursing negligence claims for free legal advice.
• If you can proceed, your solicitor will help you collect evidence to support your claim.
• They may also arrange for you to receive a free consultation with an independent specialist to review your medical records and the standard of care received.
• Once you have supporting evidence, your solicitor will send a formal letter of claim to the defendant, outlining your case and the compensation you seek.
• The defendant will have three months to investigate the claim and either admit liability or deny it.
• If liability is admitted, your solicitor will negotiate on your behalf to achieve the best possible compensation.
• If liability is denied, they will issue court proceedings and argue your case before a judge if the claim proceeds to trial.
• If you win the case, you will typically receive your compensation within four weeks.

Evidence needed to support a claim for nursing care negligence

There are various types of evidence that your medical negligence team will need to support your claim. This must prove the negligence and how it has affected your life, and could include:

• Copies of all your medical records detailing the treatments you received and your complications.
• A report from an independent medical professional detailing how the care you received fell below an acceptable standard and how this has caused you harm.
• Statements from you, your family members or anyone else who witnessed the care you received and the impact of the negligence.
• Photographs or videos of any visible injuries you suffered or substandard conditions.
• A personal injury diary documenting your symptoms, the care you received and how the negligence has affected you.
• Reports from occupational therapists or other professionals detailing your future care needs.
• Evidence of financial losses incurred, such as payslips, receipts and invoices.

Is it okay to make a claim against the NHS?

Yes, it is entirely acceptable to claim compensation from the NHS if you suffered avoidable harm because of negligent nursing care. All NHS medical staff are covered by NHS Resolution, a body of the Department of Health and Social Care (DHSC).

If you make a successful claim, NHS Resolution will award your compensation, and it will not affect the funds allocated for patient care. Furthermore, you could help improve the NHS services and prevent similar harm to patients in the future.

You can also claim if you received private treatment that fell below a reasonable standard. In this case, the healthcare provider’s insurer will typically pay your compensation.

Can I make a claim on behalf of a loved one?

Yes. You may be eligible to represent your loved one as a litigation friend if they suffered harm due to some type of nursing negligence and they are:

• A child under 18.
• An adult who lacks the mental capacity to handle a claim.

To represent them, you must submit a certificate of suitability to the court, which proves that you are fit for the role and have no conflicting interests with the claimant. Your solicitor will be able to guide you through the process.

You can also make a fatal medical negligence claim if you lost a loved one due to substandard care from a nurse. This could include loss of financial support, loss of services, funeral expenses and a bereavement award of £15,120 for your grief.

What is the time limit to claim compensation for nursing negligence?

There is a general three-year period for making a clinical negligence claim under the Limitation Act 1980, starting from either:

• The date the negligent treatment occurred.
• The date the negligence was discovered (the date of knowledge).

There are a few exceptions:

• For children, the three-year time limit only begins on their 18th birthday. Before that, a parent or legal guardian could claim on their behalf at any time.
• There is no limitation date if the injured party lacks mental capacity due to an injury, illness or disability.

How much compensation could I receive for negligent nursing care?

Each nursing negligence claim is unique, and the compensation awarded will be calculated based on two types of damages:

• General damages cover the pain, suffering and loss of amenity caused by your injuries. The compensation for general damages depends on the severity of your injuries and their impact on your life.
• Special damages cover related financial losses and expenses. These could include loss of wages, private medical treatments, further care costs, medical aids and home adaptations.

According to our personal injury compensation calculator, you could receive:

• £24,800 to £178,400 for a kidney injury.
• £1,700 to £493,000 for a brain injury.
• Up to £83,550 for scarring.
• £860 to £49,270 for pressure sores.

Can I claim for nursing errors on a No Win No Fee basis?

Yes. If you are entitled to make a compensation claim for nursing negligence, our team of medical negligence solicitors will represent you on a no win no fee basis. This means:

• You won’t pay any upfront fees.
• There are no financial risks – if your case fails, you don’t have to pay a single penny.
• You only pay your solicitor if you make a successful nursing negligence claim.
• Their success fee is capped at 25% of your settlement and agreed upon from the beginning.

How long will my claim take?

It is difficult to anticipate how long your claim may take without knowing the full details of your case. Some claims could settle within a few months, while others may take a year or more, depending on factors such as:

• The complexity of the case.
• The severity of the injuries you suffered and your recovery.
• The defendant’s response – the sooner they admit liability, the better.
• The availability of evidence.
• Whether your case goes to trial.

Your solicitor will keep you informed throughout the process and aim to settle your case in the fastest time possible.

Will I have to go to court to settle a nursing care claim?

According to NHS Resolution, the vast majority of medical negligence claims do not go to court. In 2020/21, only 0.3% of all claims against the NHS reached trial, while the rest were settled through negotiations between the two parties.

Going to court is typically a last resort, used only if:

• The defendant disputes liability.
• You cannot agree on a compensation payment that you find fair and reasonable.

In the unlikely event that your case goes to trial, you have nothing to worry about. Your solicitor will ensure you are fully prepared, and your claim will be argued before a judge, with no jury.

To find out if you can proceed with a nursing negligence case, call 0800 470 0474 or use our online claim form to request a call back. A friendly legal adviser will offer you a free consultation, with no obligation to proceed.

Last edited on 9th Jan 2026

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.