Whether you are attending hospital as an outpatient, visiting A&E for emergency care, having elective surgery or for other reasons, you should expect the highest standard of care. For the majority of hospital patients, this will be the case. However, for some their experience will involve negligent treatment and otherwise avoidable harm. In such cases, patients may be able to make a hospital negligence claim.
In this guide we look at what hospital negligence claims are and what is classed as hospital negligence. Next we look at how long you have to make a compensation claim. Then we move on to looking at whether you could claim for another person and whether claims against private hospitals differ. Next we look at the role of evidence in your claim and at how hospital negligence payouts may be calculated. Finally, we how a No Win No Fee solicitor could help you before providing further resources.
If you are ready to begin the claims process please contact the team at Legal Helpline. To do so;
- Call us today on 0333 000 0729.
- Use the live support chat on this page.
- Send an online enquiry to our team.
Jump To A Section
- What Is A Hospital Negligence Claim?
- What Is Classed As Hospital Negligence?
- Can I Claim For A Hospital Infection?
- How Long Do I Have To Make A Hospital Negligence Claim?
- Can I Make A Hospital Negligence Claim On Someone Else’s Behalf?
- Can Medical Negligence Claims Be Made Against A Private Provider?
- What Evidence Can Help Me Claim For Hospital Negligence?
- How Much Hospital Negligence Compensation Could I Receive?
- What Are No Win No Fee Hospital Negligence Claims?
- More Useful Resources About Medical Negligence Claims
What Is A Hospital Negligence Claim?
Before we look at what hospital negligence is, we will look at what a medical negligence claim is. A hospital or medical negligence claim is a type of compensation claim. It may be made to recover damages for harm caused by negligent treatment.
Medical professionals and healthcare providers have a duty of care towards their patients. If the care they provide falls below expected professional standards, they may be in breach of this duty of care.
To make a medical negligence claim you must show that a medical professional, such as a doctor, surgeon, nurse or pharmacist has acted negligently. You must also show that this caused you avoidable or unnecessary harm.
Criteria your hospital negligence claim must meet include;
- Being owed a duty of care by a healthcare professional or service provider.
- This party having breached their duty of care. For example, a surgeon may have carried out surgery on the wrong patient. This would be in breach of standards and guidance set by the Royal College of Surgeons of England.
- You must have suffered avoidable or unnecessary harm. Undergoing unnecessary surgery could leave you with scarring and other injuries.
Check whether you are eligible to claim for medical negligence by a hospital by getting in touch with our team.
What Is Classed As Hospital Negligence?
Having looked at what medical negligence is in general, we will now look specifically at what may be classed as hospital negligence. Harmful negligent treatment in a hospital could happen in many ways.
The examples of hospital negligence below help to illustrate some of these;
- A patient may attend an A&E department at a hospital with pain in their lumbar spine. They may be referred for an x-ray to look for signs of a fracture. However, the radiologist may fail to correctly interpret the results of the scan. The hospital may have negligently missed the lumbar fracture as a result.
- When prescribing medication a doctor may have failed to take the patient’s medical history into account. As a result, they may prescribe the wrong medication, such as medication the patient is allergic to. If penicillin is given to a patient with an allergy it could cause anaphylaxis. If this information was on the patient’s medical records, the doctor may be considered negligent.
- A patient may be given tests for cancer. The laboratory or radiology clinic may misinterpret the results of the test leading to the cancer being misdiagnosed as another condition. Cancer misdiagnosis could result in delays to treatment, the progression of the illness and more harmful or invasive treatment being required.
- A patient may be rushed into hospital by an ambulance with a suspected stroke. The A&E doctor may fail to arrange for them to have a brain scan. This could lead to delayed diagnosis and treatment resulting in brain damage which was avoidable.
Further Examples
Anaesthetic negligence. An anaesthetist may have failed to take the patients age and medical history into account when administering anaesthetic. This could lead to the dosage being insufficient/ inaccurate and the patient having awareness of undergoing surgery. This could cause psychological distress.
There are, of course, further types of hospital negligence which could lead to avoidable harm. Patients could be harmed by hospital neglect if they are monitored sufficiently or during childbirth due to midwife negligence.
For more information on making a medical negligence claim, please contact our expert team of medical negligence lawyers.
Can I Claim For A Hospital Infection?
Hospital acquired infections, such as MRSA, may often be resistant to medical treatment such as common antibiotics. If contracted, they can also be painful. In some cases they could lead to scarring, permanent disabilities and lengthy hospital stays. In the most extreme cases, hospital acquired infections can even be fatal.
A negligent healthcare professional could cause a patient to contract an infection due to poor hygiene practices.
Hospitals should follow hygiene practices such as;
- Ensuring that all rooms, spaces are thoroughly cleaned.
- Ensuring that all medical equipment is cleaned and sterilised.
- Making sure visitors wash their hands and use hand sanitiser.
- Ensuring that medical professionals wash their hands before and after caring for a patient.
- Ensuring patient’s wounds are properly cleaned, dressed and monitored.
If you suffered medical negligence which led to your contracting a hospital acquired infection, you could claim compensation. Contact us to make a medical negligence claim today.
How Long Do I Have To Make A Hospital Negligence Claim?
If you are eligible to make a hospital negligence claim, you must do so within the applicable time limit. This time limit is set out in the Limitation Act 1980 and impacts how long you have to begin the claim process. Typically, this limitation period is three years. The start point is taken either from the date on which medical negligence took place or the date you became aware of it.
There are, however, exceptions to this limitation period in which claim and court proceedings may be started outside this time. The three year time limit may not apply where;
- The claimant lacked sufficient mental capacity to make the claim on their own behalf. There are no time limits in which a medical negligence claim could be made for a party who does not have the mental capacity to do so themselves.
- Where the claimant is under the age of eighteen, the time limit will be paused. It will not apply until they are eighteen. The three year period will be between their eighteenth and twenty-first birthdays. Prior to this date, a claim may be made on behalf of the child.
To find out whether you are within the hospital negligence claims time limit please contact our team.
Can I Make A Hospital Negligence Claim On Someone Else’s Behalf?
As outlined above, there are circumstances in which a hospital negligence claim could be made outside the standard time limit.
To claim for those under the age of eighteen or who lack the mental capacity to do so, you may apply to be a litigation friend. This is a suitable adult who can act on behalf of the person harmed. Your application will need to be made to the court.
You will need to show that you satisfy the criteria to be appointed as a litigation friend, such as being a suitable person and being able to act on behalf of the claimant in a fair way.
We can provide further information on how a specialist solicitor could help you claim on behalf of another person. Get in touch with our team today.
Can Medical Negligence Claims Be Made Against A Private Provider?
Whether you receive care from the NHS or in the private sector, healthcare professionals should adhere to the same standards. If you were provided with negligent treatment or experienced medical negligence which caused you harm you could claim compensation.
Whilst the process of making complaints may differ, medical negligence cases are the same whether made against a private or public healthcare provider.
The medical negligence solicitors on our panel could provide you with free legal advice. Please call our advisors to see if you can be connected.
What Evidence Can Help Me Claim For Hospital Negligence?
In order to make a successful clinical negligence claim, you must be able to prove that you were harmed by a negligent medical professional or body. If you choose to work with one of our panel of solicitors they will advise you on the best evidence to support your case. They will also help you to gather this evidence.
Successful claims must clearly prove that medical negligence happened and that it caused you avoidable harm. Evidence which could help prove medical negligence may include;
- A copy of your medical records. Your medical records should contain information on who treated you and what action they took. They should show what diagnosis and treatment were initially given. They should also detail any subsequent care received.
- An independent assessment of your injuries. As part of the claims process you may be asked to see an independent medical professional. They will conduct a thorough examination of you and detail how the medical negligence harmed you. This creates further medical evidence for your claim.
- Details of any correspondence between you and either the medical professionals or service provider.
- The contact information of anyone who witnessed the negligent treatment provided by a medical professional.
Medical negligence cases require a high degree of proof. You will need to supply strong evidence as part of your claim. It must show that you experienced medical negligence and that the care you received did not meet expected standards. As we have also stated, you must also show you suffered avoidable or unnecessary harm.
We work with a panel of expert lawyers. Get in touch to find out how they could help you.
How Much Hospital Negligence Compensation Could I Receive?
The first thing we should note is that we can not provide figures for an average hospital negligence claim. Hospital negligence claims payouts are unique to the individual case. That is because the circumstances of each medical negligence case are a little different.
How negligence caused you harm and the wider impact this has had on your life will be unique to your medical negligence case.
Typically, hospital negligence claims payouts are made up of two parts. The first is called general damages. These damages compensate you for your pain and suffering. The second part is called special damages. These compensate for the wider impact the negligence has had on you.
To calculate general damages, your medical negligence solicitor may use the guidelines from the Judicial College (JC). .
The table below provides examples from the JC. Please be aware, the figure in the first row is not from the JC.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple (severe) injuries + special damages. | Serious up to severe. | Multiple types of serious or severe injuries. | Up to £1,000,000+ with special damages. |
| Brain damage | B - Moderately severe | This person is seriously disabled. | £267,340 to £344,150 |
| Brain damage | C - i - Moderate | This person has been left with a severe intellectual deficit. | £183,190 to £267,340 |
| Bowels | B - Total loss of natural function | Loss of natural function. Dependency on a colostomy. | Up to £183,190 |
| Bowels | D - Severe abdominal injury | Injury causing impaired function. | £54,420 to £85,100 |
| Digestive system | A - i - Severe damage | The person is left in continual discomfort and pain. | £52,490 to £75,550 |
| Neck | B - i - Moderate | A fractured or dislocated neck injury. | £30,500 to £46,970 |
| Back | B - ii - Moderate | Such as muscle or ligament injuries. | £15,260 to £33,880 |
| Shoulder injury | B - Serious | A dislocated shoulder or similar injury. | £15,580 to £23,430 |
| Wrist injury | D - Fracture or soft tissue injury | An injury taking over 12 months to recover from. | £7,420 to £12,630 |
Can I Claim For The Permanent Impact Of My Hospital Injury?
In addition to the compensation outlined above for your pain and suffering, you could also be awarded special damages. These compensate for the wider impact of the harm caused to you.
Examples of special damages may include;
- The cost of making adaptations to your home.
- Loss of earnings for taking time off work.
- The cost of travelling to a medical appointment.
- The cost of medical bills.
- Other healthcare expenses.
To claim for special damages as outlined above, you will need to supply evidence. This could include copies if invoices or bank statements. For an assessment of what your claim for poor care in a hospital could be worth, please contact a member of our team.
What Are No Win No Fee Hospital Negligence Claims?
If you have been harmed by substandard care in a hospital you could be able to claim compensation on a No Win No Fee basis. Our panel of No Win No Fee solicitors are experienced in helping people to make successful hospital negligence claims.
To do so, they may be able to offer to handle your claim under a Conditional Fee Agreement (CFA). When claiming via a CFA, you will not need to pay any legal fees for your solicitors work until you are awarded compensation. There is nothing to pay in advance or if your claim isn’t successful.
Instead, if you are awarded compensation your solicitor will deduct a success fee from your compensation. This fee is legally capped and pre-agreed.
For more information on how to sue a hospital for negligence please get in touch with our team. Contact us by;
- Calling 0333 000 0729.
- Using the live support chat below.
- Sending our team an online enquiry.
More Useful Resources About Medical Negligence Claims
In this final section we have included further helpful guides from our site. In addition, we have also included informative external resources.
- In this guide we look at how to make a wrong medication negligence claim.
- If your doctor prescribed the wrong dosage you could claim compensation for harm caused.
- If you have been impacted by GP misdiagnosis, you could claim compensation.
External resources
- The Care Quality Commission is responsible for regulating care from both a public and private healthcare provider.
- The Royal College of Nursing produces information on the duty of care in nursing.
- You can view National Institute for Clinical Excellence guideance on treament for conditions here.
Thank you for reading our guide to making a hospital negligence claim. If you still have any questions, please one of our panel of medical negligence solicitors today.
