What rights do UK patients actually have?
Short answerUK patients are entitled to a reasonable standard of care, fully informed consent before any treatment, an honest explanation when something goes wrong (the Duty of Candour), access to their own medical records, and the right to complain — first to the provider and then to the relevant Ombudsman. These rights apply equally to NHS and private care.
1. The right to a reasonable standard of care
Every healthcare professional owes their patients a legal duty of care. The accepted test, established in Bolam v Friern Hospital Management Committee and refined in Bolitho v City and Hackney HA, asks whether the practitioner acted in accordance with a responsible body of medical opinion that withstands logical analysis.
2. The right to informed consent
Following the Supreme Court's decision in Montgomery v Lanarkshire Health Board (2015), doctors must take reasonable care to ensure patients are aware of any material risks involved in a proposed treatment, and of any reasonable alternatives. A risk is material if a reasonable person in the patient's position would attach significance to it.
3. The statutory Duty of Candour
Since 2014, regulated healthcare providers in England have been under a statutory Duty of Candour. When a notifiable safety incident occurs, the provider must tell the patient what happened, apologise, and explain what is being done in response. Similar duties apply across Scotland, Wales and Northern Ireland.
4. The right to access your medical records
Under the UK GDPR and the Data Protection Act 2018, you have a right to a copy of your own medical records, usually within one month and free of charge. These records are essential evidence in any potential negligence claim.
5. The right to complain
You can raise a formal complaint directly with the NHS trust, GP practice or private provider. If you are unhappy with their 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. The right to independent investigation
Serious incidents in NHS care should be investigated under the Patient Safety Incident Response Framework (PSIRF). You are entitled to be involved, to receive the report, and to have your questions answered.
Frequently asked questions about patient rights
What is the Duty of Candour in the UK?
The statutory Duty of Candour, set out in Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, requires regulated healthcare providers in England to tell patients when a notifiable safety incident has occurred, apologise, and explain the action being taken. Equivalent duties operate in Scotland, Wales and Northern Ireland.
Do I have a legal right to see my own medical records?
Yes. Under the UK GDPR and the Data Protection Act 2018 you can request a copy of your medical records — usually within one month and free of charge. You do not need a solicitor to make the request and you do not have to give a reason.
Can I make a complaint and a compensation claim at the same time?
Yes. The NHS complaints process and a clinical negligence compensation claim are separate. Making a complaint, or being involved in a Patient Safety Incident Response Framework (PSIRF) investigation, does not stop you bringing a claim — though strict three-year time limits still apply to the claim itself.