Medical negligence claims in Wales: concerns, redress and court

NHS Wales has its own rules for concerns and redress, set out in the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011. The process was known as Putting Things Right for 15 years; for concerns raised after 31 March 2026, the Welsh Government's guidance calls it Listening to People. This guide explains how a concern is handled, when redress must be considered and what it can include, the free legal advice that comes with it, the Ombudsman, the duty of candour and how a court claim fits in. We are an independent information service, not a law firm. For wider differences in Welsh claims, see our guide to making a claim in Wales.

How a concern is handled

You can raise a concern with any member of staff, verbally or in writing, and a carer, friend or relative can act for you with your written permission. Under Listening to People, the Welsh Government's guidance says you can expect an acknowledgement no later than 5 working days after the organisation receives the concern, and the organisation must offer you a listening discussion to explain what happened and what matters most to you.

• Stage 1, early resolution. If you agree, the organisation tries to resolve the concern quickly; the guidance allows no longer than 10 working days from the acknowledgement. Redress cannot be considered at this stage, because it needs a detailed investigation.
• Stage 2, investigation. The regulations require the responsible body to take all reasonable steps to send a written response within thirty working days of receiving the concern. If it cannot, it must explain why and respond within six months, and in exceptional circumstances it must tell you the reasons for any further delay.

For care from a GP, dentist, pharmacist or optician, the guidance says you should normally ask the practice to look into it, or you can ask your health board to do so. Practices must still listen to concerns, investigate and explain their findings, but the guidance says that under the law in Wales only Welsh NHS bodies, such as local health boards and NHS trusts, can consider and offer NHS redress.

When redress must be considered

The guidance says that when harm is identified, Welsh NHS bodies must consider redress. Redress turns on whether there is a qualifying liability: under the regulations, a liability in tort for personal injury or loss arising from a breach of a duty of care owed in connection with the diagnosis of illness, or in the care or treatment of a patient. The guidance explains that where harm has occurred or is alleged, the organisation must assess whether the care fell below the accepted standard and, if it did, whether that caused the harm. If a Welsh NHS body decides there is no qualifying liability, it must give reasons in its response.

Redress comprises an offer of compensation in satisfaction of any right to bring civil proceedings, an explanation, a written apology and a report on the action taken to prevent similar cases. The compensation can take the form of a contract to provide care or treatment, financial compensation, or both. Financial compensation under the scheme is capped: since 1 April 2026 the limit in regulation 29 has been £50,000, and where a Welsh NHS body values the liability above that, it may consider a settlement outside the regulations. Damages for pain, suffering and loss of amenity are calculated on the common law basis.

Two safeguards matter. Where the NHS body decides a qualifying liability exists or may exist, it must make legal advice available to you without charge, from a firm with recognised expertise in clinical negligence, covering the joint instruction of medical experts and any offer or refusal. And any medical expert must be instructed jointly by the NHS body and you.

Offers, deadlines and the court time limit

• The NHS body must send its offer, or its decision not to make one, within 120 working days of the date the concern was notified, or explain the reasons for any delay.
• You are asked to respond to an offer or a decision within six months.
• A settlement is made by a formal agreement that must include a waiver of your right to bring civil proceedings for that liability, and it may need a court's approval where the patient is a child or lacks capacity.
• Redress is not available for a liability that is or has been the subject of civil proceedings, and if proceedings are issued during the redress process, it must stop.

While a liability is the subject of an application for redress, the limitation period for court proceedings is suspended. The pause starts when the initial concern is received and runs until you accept an offer by signing the formal agreement, or reject it, but a liability stops being treated as under redress nine calendar months after an offer is made, or nine calendar months after the NHS body tells you it will not make one.

The Ombudsman, Llais and the duty of candour

If you remain unhappy after the NHS body's investigation, you can ask the Public Services Ombudsman for Wales to review it. Under section 8 of the Public Services Ombudsman (Wales) Act 2019, a complaint must be made before the end of the period of one year starting on the day you first had notice of the matter, although the Ombudsman can still investigate if it thinks that reasonable. The guidance says the Ombudsman will usually expect you to have given the organisation the opportunity to investigate first.

Llais, the independent citizen voice body for health and social care in Wales, provides free and confidential complaints advocacy and support, and a Llais representative may join the listening discussion.

Since 1 April 2023, NHS bodies in Wales have had a statutory duty of candour. Under section 3 of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 it applies where a person has suffered an adverse outcome, meaning unexpected or unintended harm that is more than minimal, and the health care provided was or may have been a factor.

Taking a court claim instead

A court claim in Wales follows the Limitation Act 1980, which applies in England and Wales: usually three years from the negligence or from your date of knowledge, if later, with a discretion for the court to allow a late claim where that is equitable. Before court, the Pre-Action Protocol for the Resolution of Clinical Disputes applies to claims against hospitals, GPs, dentists and other healthcare providers, NHS and private: the defendant should acknowledge a letter of claim within 14 days and give a reasoned answer in a letter of response within four months. For GP care, the General Medical Practice Indemnity scheme operated by NHS Wales Shared Services Partnership provides clinical negligence indemnity for providers of GP services in Wales for incidents on or after 1 April 2019.

The redress route can suit claims within the limit, because legal advice is provided without charge and experts are instructed jointly. A court claim may suit a case the NHS body has rejected, one that was not investigated, or one worth more than the redress limit. Take advice before accepting an offer, because the settlement waives your right to go to court.

The checker counts from the later of the treatment date and the date you became aware. If the person harmed is a child or lacks capacity, different rules apply.

Frequently asked questions

Related guides: claiming in Wales, medical negligence claims (UK), medical negligence in Scotland, claims in Cardiff, claims in Swansea and GP misdiagnosis.

Official sources used for this guide: NHS (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, reg. 15; reg. 29; reg. 30; GOV.WALES: Listening to People, people's guidance (2026); Public Services Ombudsman (Wales) Act 2019, s.8; Health and Social Care (Quality and Engagement) (Wales) Act 2020, s.3. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.