What is a UK patient actually entitled to?
Short answer
Every patient treated in the UK is owed a competent standard of care, a properly informed choice before any procedure, an honest account when something has gone wrong (the Duty of Candour), copies of their own medical records on request, and a structured route to complain — first to the provider, and then to the relevant ombudsman. None of those entitlements are removed because care is given privately.
1. A competent standard of care
Every clinician owes a legal duty to those they treat. The benchmark, established in Bolam v Friern Hospital Management Committee and tightened in Bolitho v City and Hackney HA, asks whether the practitioner acted in accordance with a responsible body of medical opinion in their specialism — and whether that body of opinion withstands logical analysis. It is an objective test, measured against peers in the same field.
2. A properly informed decision before treatment
The Supreme Court's decision in Montgomery v Lanarkshire Health Board (2015) shifted the focus of consent away from what doctors thought patients needed to know and towards what a reasonable patient in that situation would actually want to be told. Material risks must be discussed, alternatives must be set out, and the conversation must be genuine — not a signature on a form.
3. The statutory Duty of Candour
Since 2014, providers regulated by the Care Quality Commission have been bound by a statutory Duty of Candour. When a notifiable safety incident occurs, the provider must inform the patient, apologise in person, follow up in writing, and explain what is being done in response. Parallel professional and regulatory duties operate across Scotland, Wales and Northern Ireland.
4. Access to your own medical records
The UK GDPR and Data Protection Act 2018 give you the right to receive a copy of your records, normally within one calendar month and at no cost. These records are the single most important piece of evidence in any later negligence investigation, so requesting them early is sensible even before any decision to take legal advice.
5. A formal route to complain
Every NHS trust, GP practice and private provider must operate a written complaints procedure. If you are dissatisfied with the response you can escalate — to the Parliamentary and Health Service Ombudsman (England), the Scottish Public Services Ombudsman, the Public Services Ombudsman for Wales, or the Northern Ireland Public Services Ombudsman.
6. Involvement in serious-incident investigations
Where a serious patient-safety incident occurs in NHS care, it is investigated under the Patient Safety Incident Response Framework (PSIRF). You are entitled to be involved in shaping that investigation, to receive its findings, and to have the opportunity to put your questions to those responsible.
Frequently asked questions
What does the statutory Duty of Candour require providers to do?
Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires CQC-regulated organisations in England to notify the patient (or their representative) when a notifiable safety incident has caused moderate or worse harm, offer an apology in person, and provide a written account of the facts and the steps being taken in response. Equivalent professional and regulatory duties apply across Scotland, Wales and Northern Ireland.
How do I get hold of my own NHS or private medical records?
Under the UK GDPR and Data Protection Act 2018 you have a right of access (often called a SAR or Subject Access Request). Submit a written request to the NHS trust, GP surgery or private provider; they must respond within one calendar month, normally without charge. You don't need a solicitor and you don't need to give a reason.
Can I complain to the NHS and pursue a compensation claim at the same time?
Yes. The NHS complaints procedure and a civil claim for damages are entirely separate processes. Engaging with PALS, raising a complaint, or participating in a Patient Safety Incident Response Framework (PSIRF) review does not pause or replace the statutory three-year limitation period that applies to a compensation claim.
If your rights have been breached
A breach on its own is not the same as a successful compensation claim — you also need to show, on the balance of probabilities, that the breach caused you measurable harm. To see how that proof is built, read our walkthrough of the UK clinical negligence claim process or our explanation of how No Win No Fee funding allows most claimants to pursue advice without putting money down up front.
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 — Regulation 20 (Duty of Candour) — legislation.gov.uk
- Data Protection Act 2018 — legislation.gov.uk
- UK GDPR — Right of access (Article 15) — Information Commissioner's Office
- Montgomery v Lanarkshire Health Board [2015] UKSC 11 — BAILII
- NHS Constitution for England — GOV.UK
- Patient Safety Incident Response Framework (PSIRF) — NHS England