If you or a loved one has been injured by a medical professional due to substandard medical care, you might be considering the prospect of seeking compensation. Many clients who speak to the medical negligence lawyers at JMW are concerned that their case will require court proceedings, which they feel might add extra stress to the process of recovering from their injury.

However, the reality of making a medical negligence claim in England and Wales is very different from this assumption. The overwhelming majority of cases are resolved without any need for a court hearing, and are concluded through negotiation between your solicitor and the negligent party’s (the hospital trust/doctor/other medical professionals’) representatives. Even when a case proceeds into the court, it will often be resolved before a final trial, and your solicitor will advise you in respect of this and on any points in the case where settlement may be proposed or considered. 

It is usually in the interests of all parties to settle a claim without going to a final trial. In cases where your treatment was provided by the NHS, your claim will be made against the specific hospital trust or GP and managed by NHS Resolution, which is a separate body that was set up to handle negligence claims on behalf of the NHS in England, with its own budget and strategic approach. NHS Resolution aims to have as many claims resolved without court proceedings as possible, and data published by the organisation consistently shows that only a tiny fraction of all claims proceed to a final trial. 

Cases relating to treatment in Wales are also dealt with by a central body on behalf of all health boards in Wales. Cases against private medical professionals are usually dealt with by their insurer and an instructed solicitor.

Read our guide on claiming against the NHS.

Here, the specialist medical negligence solicitors at JMW explain how many clinical negligence cases go to court based on NHS Resolution statistics, how the process affects how much compensation you will receive, and what will happen if your solicitor decides that court proceedings are the only way to secure the compensation you are owed.

How Many Claims for Medical Negligence Go to Court ?

The most recent statistics from NHS Resolution's Annual Report and Accounts for 2024/25 show that 83% of all clinical negligence claims during that period were resolved without court proceedings. Of a total of 14,428 new clinical negligence claims that were brought against NHS Resolution in 2024/25, more than 11,100 were resolved through negotiation and other dispute resolution processes.

This continues two key trends. The first is that the number of new medical negligence claims settled each year has increased steadily since 2019/20, and the second is that the percentage of claims resolved without going to court has also continued to increase. In fact, the period since 2016/17 has seen a record number of claims settled without litigation each year and a significant growth in the number of non-court resolutions, from 66% in 2016/17 to 83% in 2024/25.

Achieving a fair resolution for claimants is referenced as the first strategic priority for NHS Resolution, and doing so outside the courtroom reduces both claimant legal costs and NHS legal costs, and minimises the emotional toll on families. The report describes the rise in the number of clinical negligence cases settling out of court as “reflecting [NHS Resolution's] commitment to fair resolution while keeping patients and healthcare staff out of formal processes”.

As these statistics show,  it is highly unlikely that you would have to go to a final trial to claim compensation after negligent treatment by a medical or healthcare professional. The claims process is structured to encourage claims to be resolved through negotiation and mediation. Even if court proceedings are formally started, most claims still do not reach the final trial date. JMW's experienced medical solicitors have a strong track record of securing significant compensation for our clients without the need for court proceedings.

Why Do Negligence Cases Go to Court?

When the other party denies liability or will not agree a reasonable amount of compensation, claims may be commenced in court proceedings. 

This case can still settle once it is in the court process, and all sides are encouraged to work towards settlement where appropriate, as court proceedings can be expensive for the defendant if a case goes to trial (and the person bringing the case is successful). NHS Resolution has a duty to manage public funds responsibly, so avoiding unnecessary legal costs is a key objective.

In 2024/25, the NHS litigated a total of 24 clinical claims to trial, which represents less than 0.1% of the total number of claims resolved.

What Are the Chances of Success in a Medical Negligence Claim?

The chances of success are usually good in cases where there is supportive expert evidence which establishes the above legal tests. In 2024/2025, 54 per cent of all medical negligence claims closed by NHS Resolution were closed with damages paid to the claimant. A specialist medical negligence solicitor can give you a clearer idea of the strength of your individual case after reviewing the evidence.

For this same time period, maternity claims accounted for £1.3 billion (42%) of the total compensation paid by the health service, significantly more than general surgery, orthopaedic surgery, or emergency medicine. Among the most common are cerebral palsy claims, where oxygen deprivation before, during or after birth leads to brain damage that affects a child's movement and coordination. These are also among the most high-value claims because compensation may need to cover a baby's needs throughout their entire life.

At JMW, our solicitors understand what it takes to prove medical negligence and make successful claims against the NHS and private healthcare providers. We often work on a no win, no fee basis, which means that we will only pursue claims where we believe that there is strong evidence of both a breach of duty and causation of harm. This means that your chance of securing compensation is significantly more than 54%, which represents the total number of claims overall, rather than only those brought by experienced medical negligence solicitors.

What Happens if a Medical Negligence Claim Does Not Go to Court?

As most medical negligence claims in England and Wales are resolved without a trial, many people want to understand what happens instead. In most cases, solicitors investigate the treatment you received, gather expert evidence, and follow a formal pre-action process that allows both sides to review the case and attempt to reach a settlement through negotiation or other forms of dispute resolution. If you would like to understand this process in more detail, you can read our dedicated guide explaining how the medical negligence claims process works.

How JMW Can Help

The thought of making a medical negligence claim can be overwhelming, but instructing the right solicitor can support you through this process. The legal system is designed to facilitate resolutions without the need for a trial, and JMW's dedicated and compassionate team of medical negligence solicitors can support you every step of the way to make sure you receive the maximum amount of compensation that you deserve.

We will handle the process on your behalf, from the initial investigation to securing your compensation, and allow you to focus on your recovery. We are committed to resolving your claim as efficiently as possible while ensuring you receive the justice and support you deserve.