Can you sue the NHS for discrimination?

Taking legal action about discrimination in health and care services. If you’ve experienced unlawful discrimination by a healthcare or care provider, you may be able to take legal action against the person or organisation who discriminated against you – for example, a GP or care home worker.

What counts as unlawful discrimination?

Under federal law, public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, age (40 years and older), religion, marital status, pregnancy and genetic information.

What is unlawful discrimination UK?

Unlawful discrimination means treating someone badly, or less favourably than others, on the basis of certain personal attributes. There are nine attributes which are protected by UK law set out in the Equality Act 2010. They are often referred to as ‘protected characteristics’.

Does the NHS discriminate?

Both the NHS and private healthcare providers have a duty not to discriminate against you. It doesn’t matter if the healthcare provider is public or private. And it doesn’t matter if you have to pay for the services or not.

How do you take an action against the NHS?

The service is free for everyone. To take a complaint to the Ombudsman, go to or call the helpline 0345 015 4033. It is important you make your complaint as soon as you receive our final response as there are time limits for the Ombudsman to look into complaints.

What happens if you sue the NHS?

When NHS care goes wrong, it is your legal right to sue the NHS for medical malpractice and negligence. Additionally, when you sue the NHS, it will help flag poor areas of healthcare, helping to ensure the same mistake does not happen to anyone else.

What is an example of unlawful exclusion?

It is unlawful to exclude or to increase the severity of an exclusion for a non-disciplinary reason. For example, it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet.

What is Freda?

For the purpose of this guidance, we have used the FREDA principles. These are: Fairness, Respect, Equality, Dignity and Autonomy.

What is equality in the NHS?

Equality is not about treating everyone the same; it is about ensuring that access to opportunities are available to all by taking account of people’s differing needs and capabilities.