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NHS Compensation Payouts Guide

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NHS Compensation Payouts Guide

In our NHS compensation payouts guide, you can see examples of what has been paid out by the NHS for different types of medical negligence

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Last Updated 16th September 2025. This NHS compensation payouts guide will examine the factors that can influence how potential awards are calculated. These account for many considerations, such as the severity of the unnecessary harm suffered and whether there are any long-term effects. Compensation will also factor in whether there is a financial impact, which might include a loss of earnings, medical costs, and home or vehicle adaptations. You can contact one of our advisors for a more tailored discussion of medical negligence compensation.

If you’re looking to make a claim for medical negligence, then you may also be interested in working with our trusted No Win No Fee solicitors. With decades of experience helping people get compensation for medical mistakes, you’ll be in safe hands.

For help and guidance with your claim, please get in touch with our team. We are here 24/7 and ready to help.

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To find examples of NHS negligence payouts, please keep scrolling.

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The Official Figures On NHS Compensation Payouts

The NHS released its Annual Report and Accounts for 2024/25 in July 2025. It details the compensation payouts for negligence claims made in the previous year. Here are the key figures:

  • £3.1 billion was paid out across all NHS negligence claims in 2024/25.
  • Of this, around £1.3 billion relates specifically to maternity and neonatal claims.
  • The annual cost of harm under the Clinical Negligence Scheme for Trusts (CNST) was reported at £4.6 billion, slightly lower than the £4.8 billion in 2023/24.
  • 83% of clinical claims (over 11,000 cases) were resolved without going to court, which is a record high.
  • Obstetrics (Maternity and Neonatal Care) is still the single biggest area of compensation, accounting for over 40% of all payouts (£1.3 billion in 2024/25). Many involve cerebral palsy or brain damage claims.

An infographic explaining NHS compensation payouts.

NHS Compensation Payouts Guide – Potential Settlements and Amounts

We’ve looked at the statistics on NHS compensation payouts, now let’s look at some specific examples.

To begin, it’s helpful to understand how compensation is calculated. Generally, this is determined by the severity of the injuries and whether or not there will be an impact in the future.

For example, a claimant who suffered a severe, life-changing brain injury could be eligible to claim between £344,150 and £493,000 in clinical negligence compensation. Whereas someone with less severe brain damage, who fully recovers, could be awarded between £18,700 and £52,550.

These figures reflect just one part of a medical negligence claim, known as general damages. It relates solely to the pain and suffering and impact on your life.

Below you can find multiple guideline compensation ranges in table form. These are suggestive brackets taken from a document known as the Judicial College Guidelines (JCG), which pairs these ranges with various forms of harm. The first row isn’t from this document, and the table itself isn’t a guarantee of compensation.

Harm SufferedSeverityGuideline Damages
Multiple forms of very severe harm + special damages, such as for medical expensesVery severeUp to £1,000,000+
Brain damageVery severe (a)£344,150 to £493,000
Reproductive system - femaleInfertility due to disease or injury + sexual dysfunction.£140,210 to £207,260
Reproductive system - maleTotal impotence, loss of sexual function and sterility - young person (b)£140,220 to £181,020
BowelsTotal loss of natural bowel functionUp to £183,190
BladderLoss of bladder control and function (b)Up to £171,680
Digestive systemDamage from a traumatic injury (a)£52,490 to £75,550
Post-traumatic stress disorderModerately severe (b)£28,250 to £73,050
SightLoss of sight in one eye£60,130 to £66,920
ShoulderFracture of the clavicle (e)£6,280 to £14,940
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What Else Can An NHS Negligence Payout Include?

NHS payouts may be calculated by taking both general damages (as discussed above) and special damages into account. Special damages are only awarded if you can provide evidence that you experienced a financial loss in connection with the harm you suffered.

You may be compensated for expenses and losses such as:

  • Your loss of earnings. Depending on how you were harmed, you may have had to take time off work or no longer be able to work as you did before. In some cases, loss of earnings could form a large part of your final settlement. By claiming for these losses you can ensure your ability to provide for your family during your recovery and beyond.
  • Medical expenses. You may have had to pay for medical care, treatment or medication to aid in your recovery.
  • Care costs. In addition to medical care, you may have required either residential or domestic care. This could include the cost of help in the home with domestic tasks such as cooking and cleaning or childcare as well as nurse visits.
  • Travel costs. You could claim for the cost of traveling to and from necessary medical appointments.

These are some examples of financial losses and expenses you could claim for. For any of these losses to be taken into consideration, you must provide evidence such as invoices, payslips, estimates or receipts. An advisor could assess your compensation claim and help you determine what you could be eligible for.

Could I Receive An Interim Payment?

You could also apply to receive interim payments as an advance on your compensation throughout the claims process. To ensure you won’t be at a financial disadvantage, interim payments allow you to receive part of the eventual compensation you would later be awarded with. For instance, you could receive ongoing loss of earnings payments whilst you recover at home from the harm you suffered. Interim payments could also help with the following:

  • They can cover unexpected costs that may arise whilst waiting for your claim to settle, such as rent or mortgage payments
  • They can cover financial burdens created by the claims process, such as medical costs and travel expenses
  • They can help clients who’ve suffered a serious injury, requiring funds for home installation fees such as chairlifts and ramps.

Moreover, interim payment applications can only be made to the court provided that:

  • The defendant has already admitted liability or there is a high chance of success if the claim escalates to court
  • There is a sufficient reason to request an advance on the compensation
  • The amount requested is reasonable and is less than the overall expected compensation amount.

Please keep reading our NHS compensation pay-outs guide to learn how you could start your claim for medical negligence. To learn more about how to apply for interim payments, please contact one of our friendly advisors today.

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How Can I Start A Claim For NHS Compensation?

To start a claim for NHS compensation, you must first ensure that your case meets the eligibility criteria. To make any type of medical negligence compensation claim, whether against the NHS or a private healthcare provider, you must clearly show that:

  1. You were owed a duty of care by a medical or healthcare professional. This will be automatically owed whilst under their care.
  2. This medical professional breached their duty of care to you.
  3. The breach caused you harm which was avoidable or unnecessary.

When you seek medical attention, the providers treating you must ensure that the care reaches the correct standard. This is the duty of care automatically owed to you. Should the correct standard fail to be met, you could suffer unnecessary harm.

Once you have ensured that you meet the eligibility criteria, the next steps in the claims process may be to ensure that you are within the time limit and collect supporting evidence.

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Time Limits

The Limitation Act 1980 sets a 3 year time limit in which any compensation claim must be filed. This time limit begins on the date of knowledge. This may be the date on which the negligence took place, or when the claimant discovered they were harmed by medical care.

The time limit does not apply to individuals who are unable to manage the claims process themselves. This includes:

  • Minors under the age of 18. The time limit will only begin once the harmed party turns 18.
  • Those without the mental capacity to manage a claim. The time limit will only begin if they recover this capacity. If it is never regained, then a time limit will not apply.

In either case, a litigation friend may act on the claimants behalf while the time limit is not in place. Please speak to an advisor for more information.

Evidence

Supporting evidence could include:

  • Copies of your medical records, obtained from your GP, hospital or other healthcare provider.
  • An independent medical expert’s report. A solicitor could organise for you to be examined by a relevant medical expert who could create a report detailing the impact on your health.
  • Witness statements, such as accounts from others present during your diagnosis or treatment, could be provided in support of your case.
  • Diary of treatments and symptoms.
  • Correspondences between yourself and medical provider, such as appointment letters.

Contact us if you have been affected by the circumstances discussed in this NHS compensation payouts guide.

Get Help From Legal Expert

You could get help from Legal Expert if you have been harmed by substandard medical care. Having a dedicated medical negligence solicitor could give you the best chance of securing a medical negligence compensation payout.

To date, our solicitors have helped people to claim over £80 million in compensation. They have decades of combined experience in helping people make successful claims. They could offer you a No Win No Fee service under a Conditional Fee Agreement (CFA).

With a CFA, there are no upfront solicitors’ fees. There also won’t be anything to pay for your solicitor’s work while your claim is ongoing or if it is unsuccessful. You’ll actually only pay for your solicitor’s work if the case has a successful outcome. You won’t need to worry about this, though, because your solicitor will only take a small success fee as a legally limited percentage of your compensation.

A solicitor could guide you through the claims process, explain complex terms, negotiate your settlement and handle court proceedings. Our team could also help to organise,

  • An independent medical assessment.
  • Rehabilitation and other support services, such as physiotherapy or occupational therapy.
  • An interim payment to help cover immediate expenses.

We offer a nationwide service and could help you.

Contact Our Solicitors

Contacting us connects you with experts who are ready to help pursue your claim. Our team is available 24/7 and could offer a free, no-obligation assessment of your case. Our legal team has years of high-level training and are committed to providing claimants with an exceptional service.

To begin your claim or for answers to any questions raised by our NHS compensation payouts guide, please click below:

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More Information

Here you can find more information which could help you to make a successful claim for medical negligence.

References.

Frequently Asked Questions (FAQ) On NHS Medical Negligence Payouts

Below, you can find answers to some common questions on NHS medical negligence payouts:

How Quickly Can NHS Compensation Payouts Be Received Once A Claim Is Made?

The time it takes to receive an NHS compensation payout can vary. Straightforward cases may settle within months, while complex or high-value claims can take longer. In some cases, interim payments may be awarded before the claim is finalised to cover urgent needs such as care or home adaptations.

Does NHS Compensation Include Financial Losses Like Lost Earnings, Care Costs Or Travel?

Yes. NHS compensation covers both general damages (for pain, suffering and loss of amenity) and special damages, which reimburse financial losses. Special damages may include lost earnings, the cost of medical treatment, care, travel expenses, and home adaptations needed because of your injuries.

Can NHS Compensation Payouts Be Taxed Or Affect Benefits?

NHS compensation payouts are not usually subject to income tax.

What Happens To NHS Payouts If The Claimant Dies Before The Claim Is Resolved?

If the injured person passes away before the claim is concluded, the claim can usually be continued by their estate or dependents. Compensation may then be awarded for the pain and suffering experienced before death, as well as financial losses suffered by dependants.

Do NHS Compensation Awards Cover Psychological Injuries Like PTSD Or Birth Trauma?

Yes. Claims can include compensation for psychological harm such as post-traumatic stress disorder (PTSD), anxiety, or depression caused by negligent treatment. In maternity cases, birth trauma may also be considered alongside physical injuries.

Can Interim Payouts Be Used To Fund Home Adaptations Or Mobility Needs?

Yes. Interim payments are often used to cover essential costs while a claim is ongoing. This may include adapting your home, purchasing mobility aids, or arranging specialist care, ensuring that your immediate needs are met before the final settlement.

What’s The Difference Between NHS Compensation Payouts And Private Medical Negligence Payouts?

The process for claiming against the NHS and private healthcare providers is similar, but there are differences in who handles the case. NHS claims are managed by NHS Resolution, while private cases are usually dealt with by the provider’s insurer. Payout levels are assessed using the same legal principles, but the claims process may differ in speed and procedure.

Can I Challenge Or Appeal An NHS Compensation Payout If I Think It’s Too Low?

Yes. If you believe an offer is too low, you don’t have to accept it. Your solicitor can negotiate for a higher settlement or issue court proceedings if necessary. Once a claim has been settled and agreed, however, it cannot usually be reopened.

Thank you for reading our NHS compensation payouts guide. If you have any further questions, please contact our team.

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and Head of our EL/PL Department, which handles accidents at work and public liability claims, such as slips, trips and falls. Patrick qualified in 2005 and has over 20 years of experience as an SRA-regulated solicitor. Patrick is well-known in the legal industry for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor by clicking below.

    Learn more about Patrick

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