Most people assume that bringing a clinical negligence claim means a long, drawn-out court battle, months of waiting, and the stress of sitting in front of a judge. It’s one of the most common worries clients raise with us. But the reality is very different. In fact:
- Around 80% of claims are resolved without court proceedings being issued at all.
- Only 15-20% enter the court system.
- A very small proportion reach a final trial.
Understanding how these claims actually work can make the whole process feel far less intimidating. This article explains what really happens, why most cases settle early, and why – even though trials are rare – it is still crucial that every case is prepared properly from the very beginning.
Why most medical negligence claims settle before court
NHS Resolution is the service that handles legal claims against NHS organisations in England. It manages medical negligence and other liability schemes, with the objective to resolve disputes fairly and efficiently. It also works to learn from claims data to improve patient safety and reduce future harm.
Every year, NHS Resolution publishes detailed reports on how claims are resolved. The numbers are remarkably consistent: around four out of five medical negligence claims are settled without any court proceedings being issued.
Only around 15-20% of cases even enter the court process, and the number that reach a full trial is extremely small. For most patients, the process involves investigation, negotiation, and settlement, not potentially stressful courtroom appearances.
Why don’t most claims go to court?
- NHS Resolution focuses on early resolution
In recent years, NHS Resolution has moved towards a more cooperative approach. Early Notification schemes and early discussions mean issues are identified sooner and reduces disputes – this benefits patients and reduces the NHS’s legal costs.
- Court proceedings are costly and slow
Medical negligence cases are complex, expert-heavy and time‑consuming. Settling early:
- avoids unnecessary legal costs
- speeds up compensation
- reduces stress and delay
- These cases are emotional and difficult
Medical negligence claims often involve traumatic or life‑changing events. A long court process can compound that distress, so if a reasonable early settlement is offered (an experienced lawyer will be able to advise on this), it offers families a chance to move forward sooner.
- Mediation and negotiation are very effective
Mediation and other forms of Alternative Dispute Resolution (ADR) have become increasingly effective. These processes allow both sides to explore solutions collaboratively, without the pressure or formality of court.
Do medical negligence cases ever go to trial?
Although most claims settle, some cases do go to trial, and these are usually the most serious, complex or heavily disputed claims.
A case is more likely to reach trial when:
– The NHS disputes whether the care was negligent
– There is disagreement about what caused the injury
– The case involves very serious or high-value injuries
– Negotiations break down and a judge must decide
This is why we prepare every case thoroughly from the start. Even though settlement is common, proper preparation ensures strong negotiation – and means that if a trial becomes necessary, we are ready to present the strongest possible case.
Trends: Fewer trials, more claims, rising costs
Over the last decade, fewer cases have gone into the court process. For example, the proportion entering court has fallen from around 34% (2016/17) to around 17–19% (2024/25).
A large part of this is that the NHS and lawyers are using more early settlement schemes, negotiation, and mediation, which means there are more chances to end the claim without needing a judge.
But there’s another side to the story: even though fewer cases go to court, the overall number of medical negligence claims is going up. In 2012/13, there were 10,129 new claims. By 2023/24, this had jumped to over 14,428. And because there are more claims, plus higher compensation payments and rising legal costs, the total bill keeps increasing. In 2024/25, medical negligence cost the NHS £3.1 billion, up from £2.8 billion the year before.
Maternity negligence claims really stand out. They make up only 11–12% of all claims, but they account for over half of the total costs. In 2024/25 alone, maternity‑related negligence cost £1.3 billion. These cases tend to be high‑value and complex, which means they are more likely to need detailed expert evidence – and therefore have a higher chance of ending up in court.
NHS Resolution’s latest reports suggest this shift away from court battles will probably continue, with more claims being sorted through negotiation and ADR. However, future trends could still change if legal rules are updated or if certain types of claims – such as maternity or emergency care – start to rise more quickly.
What this means if you’re thinking about a claim
If you are considering making a medical negligence claim, you are unlikely to:
- attend court
- give evidence before a judge
- face a long, confrontational legal battle
Most cases resolve through:
- negotiation
- early settlement
- mediation or ADR
However, if your case does need to go to trial, having a solicitor who is experienced in the medical negligence claims process will mean you’re not taken by surprise. If you choose Davies and Partners, you can be confident that we will be fully prepared to present the strongest possible evidence on your behalf.
Conclusion
Medical negligence claims are often misunderstood. While people imagine dramatic courtroom trials, the truth is that most claims never reach a court hearing, and only a very small number proceed to a full trial.
With early settlement, negotiation and mediation now central to resolving claims, clients usually experience a far more collaborative and less stressful process. But thorough preparation remains essential – because strong preparation leads to strong outcomes, whether through settlement or trial.
If you believe you or a loved one may have suffered avoidable harm, we’re here to help.
Our clinical negligence team supports clients across the whole UK, providing clear advice and compassionate, specialist representation.
Get in touch today for a free, no‑obligation consultation. We’ll talk through what happened, explain your options, and help you understand whether you have a claim.