By Cat Swift. Last Updated 2nd June 2023. Welcome to our hospital claims guide, which offers hospital negligence claims advice. In it, we answer questions about suing a hospital for medical negligence. These include ‘What is classed as hospital negligence compensation?’, ‘How do I sue the hospital?’ and ‘Where can I get help with hospital negligence claims?’ We offer tips on how to sue a hospital. Plus, how to make a claim for medical negligence in hospitals. We also explain what kind of compensation you could get for successfully suing a hospital for negligence. Plus, we include details of guidelines for compensation for hospital negligence. A hospital compensation calculator table which could help you get an idea of what settlement could be possible is also included. Plus, we explain why, when you want to get medical negligence advice, you should contact us.
Suing A Hospital For Medical Negligence – Your Questions Answered
This guide offers useful information and advice on filing a medical negligence claim. If you require advice tailored to your specific situation, or are ready to begin a claim, please do not hesitate to call the Accident Claims UK advisers for free advice and support on 0800 073 8801. For more information regarding medical negligence claims, please read on.
Select A Section
- A Guide On How You Could Make A Claim Against Your Hospital
- Hospital Negligence Claims – Causes of Claims Against Hospitals
- Circumstances Which Could Lead To Claim Against Hospitals
- Compensation For Hospital Negligence – Hospital Compensation Calculator
- Other Settlement Amounts For Hospital Negligence Claims
- Suing a Hospital for Negligence – What Evidence Do I Need?
- Steps To Take When Claiming Against Hospitals
- What Is The Time Limit For Hospital Claims?
- Making Hospital Claims With A No Win No Fee Solicitor
- Get Medical Advice – Contact Us
- Resources And Further Information On Suing A Hospital
‘How do I make a claim against a hospital?’ is a common question Accident Claims UK gets asked by patients who suffered harm because of medical negligence. Medical malpractice claims can be complex, but here at Accident Claims UK, we have put together some information that could help answer the question of how to make a claim against a hospital.
In the sections below, you will find advice on how to lodge a complaint about your hospital treatment, and how to assess whether you could be eligible for compensation. Whether you have suffered harm because of surgical negligence, as an outpatient, or on a hospital ward, the sections below cover important information on how to file a medical negligence claim.
Every medical professional owes a duty of care to their patients. This means they must provide the correct standard of care.
Should a medical professional not provide the correct standard of care, this could lead to a patient experiencing avoidable harm. This could include a condition worsening, receiving the wrong treatment or wrong diagnosis. If a substandard level of care is provided and a patient experiences avoidable harm, this is known as medical negligence. A claim against a hospital could be made if it’s proven that medical negligence occurred.
Compensation awarded following a successful hospital negligence claim could compensate the injured person for their pain and suffering, plus financial costs caused by the medical negligence.
For more information on hospital negligence claims, get in touch using the details provided above.
If you’re thinking about filing a clinical negligence claim, it could be due to you having suffered as a result of any of the following:
- Symptoms being ignored
- Failure in a medical product
- Unreasonable delayed diagnosis or treatment
- Failure to administer appropriate pain treatment
- Failure to provide hydration or nutrition
- Lack of communication
- Personal injury caused by medical negligence which could include surgical negligence, misdiagnosis, blood test negligence, childbirth negligence, cancer treatment negligence
- Quality of treatment
- Appropriateness of treatment
- Hygiene standards
- Early discharge
- Medication errors
It would be prudent to mention, however, that this is not be an exhaustive list, and if you have been harmed in a different way in a hospital, you should call the Accident Claims UK team for clarification on whether you could claim compensation or not.
If you’re looking for compensation for hospital negligence, the hospital compensation calculator in the table below could offer you some guidance. Below, we have used figures from the Judicial College Guidelines 16th edition, which was released in April 2022. This is a document used to help calculate the general damages head of claim which compensates for the pain and suffering you experienced as a result of your injuries.
However, we should point out that these are only guidelines. No two claims are the same. When it comes to suing a hospital for negligence, all the facts and circumstances of your case would be assessed. This would include medical evidence that could highlight the severity and nature of your injuries. Additionally, as part of the claims process, you may need to visit an independent medical expert. They would examine you and produce a medical report, which would give their professional opinion of your injuries and prognosis. This can be used by legal professionals to help assess your case.
The Compensation Table
If you cannot see your injury below, please call our team. We could offer you further guidance on the compensation you could receive when suing a hospital for negligence that caused other harm.
|Requiring hospital admission/re-admission and could cause IBS, haemorrhoids and incontinence, affecting the claimant’s quality of life and their ability to work.
|£38,430 to £52,500
|Arm injuries – substantial permanent disablement
|Substantial functional or cosmetic disablement – resulting from fractures or other serious injuries.
|£39,170 to £59,860
|Traumatic injuries to the patient’s lungs, heart or chest that led to permanent injuries, life expectancy reduction and disability
|£65,740 to £100,670
|Moderate hip/pelvic injuries
|Significant injury but only minor, if any permanent disability
|£26,590 to £39,170
|Female loss of fertility
|Failure to diagnose an ectopic pregnancy
|£43,010 to £102,100
|Where a limitation on ability to play sports, or take part in physical activities remains even after surgical repair
|£14,900 to £24,170
|Requirement of colostomy/loss of function
|Up to £150,110
|In the region of £79,920
|Penetrating injury but recovery of function
|£12,590 to £24,480
Hopefully, this guide has answered the question, “How do I make a claim against a hospital?” and also shown how much you could be compensated. Why not call us today to learn if we could help you claim?
When suing a hospital, you may be able to claim for more than the pain and suffering you’ve endured as a result of medical negligence. It could be that you have had losses and expenditures caused by the same incident. If so, you could be reimbursed. The figure that’s calculated to address this is known as special damages.
Here are some examples of what you could be eligible to be reimbursed for, if you have evidence:
- Additional care at home – Your injury or illness may mean you require extra care even after you’re discharged.
- Loss of earnings – If your income is disrupted due to your health being impacted.
- Medical costs – Private healthcare that is not available on the NHS, or possible prescription costs.
This is not an exhaustive list, meaning there could be other things that could be included in a special damages payment. Get in touch for more examples and advice on how to make a claim for medical negligence.
When you’re suing a hospital for negligence, it’s important to be aware of how essential evidence is. You need evidence to sufficiently prove that negligence caused your injury. Evidence you could potentially use in hospital negligence claims includes:
- Medical scans and medical reports of your injury
- Statements from eyewitnesses who saw how the negligence occurred. You could gain the contact details of potential witnesses to take a statement when claiming.
- Photographs of your injury
- Notes you’ve made detailing how the injury occurred or how it worsened. This can not only give more detail into the circumstances surrounding the negligence but also the impact of the injury.
Whether you want to claim for hospital neglect or a misdiagnosis, Accident Claims UK could help. We can not only assess your circumstances and answer any questions you have – we can tell you easily and quickly if you’re able to claim.
If we feel you could make an eligible claim, we can transfer you to one of our solicitors who is specialised in medical negligence claims. This solicitor could work your case on a No Win No Fee basis and help you collect evidence to build a stronger case. To learn more about our services, contact us for a free consultation at a time that suits you.
Suing A Hospital? Get Free Advice
We do not charge for our advice. By calling us for advice, you are put under no obligation to launch a claim with our help, or even to take our advice. We’re here to help, and we won’t push you into making a clinical negligence claim at any point. We will, however, offer you answers to some of the pressing questions you might have, including ‘Is it hard to sue a hospital’, ‘What level of compensation could I be entitled to?’ and ‘How can I make a claim against a hospital on behalf of a loved one?’ for example.
If you are wondering how to make a claim against a hospital for medical malpractice, there are a number of steps you should take. These are detailed below.
Writing A Report For Your Own Records When Suing A Hospital
The first thing we would advise you do would be to write a report of everything that has happened to you. You need to provide details of where you believe negligence took place. Plus, how you feel it may have caused you harm. This could be useful, as you may be able to refer back to your notes if you forget something later on. It would be a good idea to include names of people who might be able to act as witnesses, and dates and times of treatments or consultations, as well as what happened.
Requesting Your Medical Records For Suing A Hospital
In addition to this, you should request your medical records. Successful claims against the NHS could rely on solid medical evidence, and while you would have to see a medical expert as part of any clinical negligence claim, getting a copy of your records to check them against what you had been told at the hospital, would prove useful. You should contact the relevant records manager/patient services manager at the hospital trust in question to request this.
If you are considering suing the NHS for the death of a loved one, you might find obtaining their medical records more difficult. Primary Care Support England would hold these records on behalf of the NHS, so you may have to contact them in this instance.
Make A Complaint To The Hospital
There is an NHS complaints procedure that you should follow if you’d like to complain about clinical negligence. Details of this can be found on the NHS website. However, you may not feel that this would be a strong enough course of action, and you may wish to make a complaint to the General Medical Council, your local Healthwatch, via the NHS choices website.
However, if you feel strongly that you could benefit from legal advice on how to make a claim against a hospital, it may be worth getting in touch with Accident Claims UK, as we could advise you on the best course of action to take when filing a negligence claim against a hospital.
When suing a hospital for medical negligence, you will generally have three years to begin your claim. This starts on the date you suffered harm, or on the date that you connected the harm you experienced with negligence (the date of knowledge).
However, there are certain expectations for this time limit. For example, the time limit is frozen for those under the age of 18. From their 18th birthday, they will have three years to start a claim. However, prior to this date, a court-appointed litigation friend could make a claim on their behalf.
For those who lack the mental capacity to make a hospital compensation claim for themselves, the time limit is indefinitely suspended. During this suspension, a litigation friend could make a claim on their behalf. If they recover the appropriate capacity and a claim has not already been made, then the time limit will reinstate on the date of their recovery.
To learn more about medical negligence and hospital claims, or to find out if you are within the correct time limit, contact our team today.
A solicitor can be very beneficial when suing a hospital for negligence. For example, a solicitor can help you collect evidence and strengthen your claim for neglect in a hospital, and they can also give you an idea of what you could receive in terms of a hospital compensation amount.
Our solicitors could help you through a Conditional Fee Agreement (CFA), which allows you to access a solicitor’s services on a No Win No Fee basis. This means that you won’t pay your solicitor any ongoing fees or upfront fees in order for them to work on your claim. The fee your solicitor will take is a success fee, and this is only if your claim succeeds. This is taken as a small percentage of your compensation award, which has a legislative cap to make sure you keep the majority of what you receive. But, if your claim fails, you will not pay a fee to your solicitor for their services.
To find out if one of our solicitors could help you with suing a hospital for negligence, contact our team of advisors today.
If you still have questions about how to sue a hospital, or would like medical negligence advice regarding your potential claim, we could help.
Our advisors could help with a range of questions about hospital claims. We could talk to you about your case and provide free legal advice over the phone. What’s more, we could check your eligibility to claim and provide you with a No Win No Fee solicitor to help you with your case, if you have a valid claim with a chance of success.
When you call us, we’ll listen carefully to what has happened to you. We may need to ask you some questions to determine whether you could be eligible to make a claim. Once we have done so, we will be able to determine how we could help you best.
Please remember, by calling us for advice, or an eligibility check, you’re under no obligation to use our services. All of our solicitors have the ability to take on hospital claims under No Win No Fee terms. Additionally, they have experience handling claims similar to your own.
To get in touch, you can:
How do I make a claim against a hospital – FAQs?
What qualifies as medical negligence?
There are many forms of medical negligence that could result in a compensation claim. Within a hospital they include misdiagnosis, failing to refer you for tests, anaesthetic errors, surgical errors, NHS never events and medication errors.
Does the NHS settle out of court?
When you claim against the NHS, the case will usually be processed by NHS resolution. Only a small amount of their cases (around 2%) need to be heard in court. The remaining claims are settled out of court.
What is classed as hospital negligence?
Hospital negligence is classed as any form of clinical negligence within a hospital environment. This means you have sustained further or avoidable harm as a result of a medical professional providing you with substandard care. It could encompass surgical negligence, misdiagnosis, and even negligence that leads to you developing infections such as MRSA.
If you have evidence to prove you experienced hospital negligence, we could assist you. We have experience in helping people make hospital compensation claims.
I’m thinking of suing a hospital – what do I do first?
We would advise you to call our team. We could offer you free legal advice over the phone. If we believe you could have a valid claim, we could help you get started.
I want to sue the hospital but it’s a private healthcare facility, can I do this?
If you want to sue a private hospital for negligence, we could assist you.
In order to make a claim against a medical facility, you must be able to prove that you suffered harm as a result of a medical professional failing to provide the correct level of care.
For more information on suing a hospital for negligence, call our team. You can use the number at the top of the page.
Would suing a hospital for negligence affect my care?
You may be worried that suing a hospital for negligence could affect your ability to access healthcare at a later date. This should not be the case. Please don’t hesitate to speak to us about your concerns. We could provide you with further information on this over the phone.
More Information On Making A Hospital Negligence Claim – Firstly, you can find a guide offering more information on making a hospital negligence claim.
Claiming For A Misdiagnosis – Here, you can find more information on making claims for misdiagnosis.
Cancer Misdiagnosis – This guide looks specifically at cancer misdiagnosis claims.
Making A Complaint About The NHS – This page, from the NHS, gives information on making a complaint.
NHS Claims Statistics – Here, you can see statistics for claims made against the NHS in 2018/19.
NICE Guidelines For Emergency Care – Finally, here are the NICE (National Institute of Clinical Excellence) guidelines on emergency care, which include quality standards.
Thank you for reading our guide to suing a hospital for medical negligence today. We hope it has answered the question, “How do I make a claim against a hospital?”