New figures from NHS Resolution reveal that 84% of clinical negligence claims were resolved without formal court proceedings in 2025/26, highlighting the significant role of negotiation and alternative dispute resolution in medical compensation cases.

Most NHS Negligence Claims Avoid Court Proceedings

According to NHS Resolution's 2025/26 annual reporting, 84% of clinical negligence claims were resolved without the need to issue formal court proceedings.

The figures demonstrate that many medical negligence disputes can be concluded through communication, evidence gathering and negotiations between the parties.

Clinical negligence claims may arise when patients experience harm allegedly caused by failures in medical diagnosis, surgical treatment, maternity care, medication management or other healthcare services.

Although some cases require judicial determination, the majority do not necessarily proceed to a contested trial.

How Are Medical Negligence Claims Settled?

Before a claim can be resolved, the circumstances of the alleged negligence must usually be investigated.

This may involve obtaining medical records, reviewing the patient's treatment history and commissioning independent expert opinions.

The claimant must generally establish that the healthcare provider breached the applicable standard of care and that the breach caused compensable injury.

Once sufficient evidence has been obtained, the parties may exchange their positions and explore settlement.

Negotiations can address compensation for physical injuries, psychological harm, loss of earnings, additional care requirements and other recoverable losses.

The Role of Mediation and Negotiation

Alternative dispute resolution can provide opportunities for resolving disagreements without the time and expense associated with a full court hearing.

Mediation involves an independent person helping the parties explore a mutually acceptable outcome.

However, mediation does not guarantee settlement, and some claims remain disputed because of disagreements about liability, causation or the appropriate level of compensation.

Where settlement cannot be reached, court proceedings may still be necessary.

What Should Patients Know Before Accepting Compensation?

Patients should carefully consider whether a proposed settlement adequately reflects both current and future losses.

In cases involving permanent disability or continuing treatment needs, an early settlement may have long-term financial consequences.

Most clinical negligence claims in England and Wales are subject to a three-year limitation period, although exceptions apply.

Miya Solicitors can assist patients and families in understanding clinical negligence procedures, reviewing potential claims and considering the available routes towards compensation.

The NHS Resolution figures demonstrate that pursuing a medical negligence claim does not automatically mean attending court.

Source: NHS Resolution – Annual Report and Accounts 2025/26, 9 July 2026

Source link: https://resolution.nhs.uk/news/