How To Make A Hospital Negligence Claim? – How Much Compensation Can I Claim?

Get Help When Making hospital negligence compensation claims

Receiving the wrong treatment can leave you vulnerable to other health issues. When medical professionals fail in their duty of care causing you added pain and suffering, you may be entitled to file a hospital negligence claim. We can help you through the process and offer a free initial, no obligation consultation ensuring you are on the right track straight away.

Anyone who suffers as a result of negligence on the part of a medical professional knows how their actions can negatively impact their daily lives. All doctors, nurses and other medical practitioners have a duty of care to ensure that you remain safe while in their care. Failing to adhere to safe practices in a medical facility can lead to a patient lodging a hospital negligence claim for the damages they sustained.

If you feel you have suffered extra pain and suffering at the hands of a medical professional whether in an NHS hospital or a private medical facility, we can walk you through the process, taking all the hard work and stress of filing this type of medical negligence compensation claim. To find out more on how we can help you understand what a hospital negligence claim entails, please click on the “Select a Section” below.

Select a section

A Guide To Claiming Compensation For Neglect In A Hospital

Medical misdiagnosis

Hospital medical notes

All doctors, nurses and other medical practitioners/professionals have a duty of care to ensure you remain safe while being treated or in their care. In the majority of cases, patients are successfully treated for their ailments when they are hospitalised whether it’s in an NHS hospital of private medical facility. However, when things go wrong and you suffer as a result, the management of a private hospital can be held negligent. If your suffered extra pain and suffering in an NHS hospital, there is an official “complaints” procedure that is set in place to deal with all dissatisfied patients and every patient who feels they have been negligently treated has a right to complain and request an independent opinion regarding their health.

Medical practitioners who fail in their duty of care towards patients could be deemed negligent by a court. If you have suffered negligence on the part of a hospital professional and would like to know if you have a strong case against the NHS or the management of a private medical facility, we strongly recommend that you contact one of our personal injury solicitors who would be better positioned to advice you on how to proceed when making a hospital negligence claim.

What Is Neglect In A Hospital?

Neglect in a hospital refers to situations where a patient is not cared for as they should be which results in them suffering further pain and suffering. Patients rely on hospital staff to ensure they are treated correctly and to ensure their wellbeing while they are in their care. In the majority of cases, things go smoothly and patients are treated correctly which sees an improvement in their health.

However, there are times when hospital staff might get it wrong with the end result being a patient’s health worsens. If you believe you suffered at the hands of hospital staff while in their care, you may be entitled to file a hospital negligence claim and we can walk you through the process offering an initial free, no obligation consultation.

Statistics For Incidences Of Hospital Negligence In The UK

Studies carried about by the NHS indicate that hospital negligence claims are rising every year and that it is estimated that well over a billion pounds is paid out annually to people who suffer medical negligence. An example being that between 2013 and 2013, more than 16,000 patients lodged medical claims all of which were against the NHS alone.

Hospital negligence claims

Claims against the NHS

What Duty Of Care Are Patients Owed?

Hospitals and hospital staff have a duty of care to ensure that patients are kept safe whilst in their care. Medical professionals must ensure that no harm comes to their patients. It is a legal obligation to “always act in the best interest of a patient and to ensure they are given a reasonable standard of care”.

Failing in a duty of care towards a patient, could result in a medical professional being held negligent in their duties. In general there are several factors that contribute to medical negligence which are detailed below:

  • Duty of care from a defendant to the plaintiff
  • Failure to carry out that duty of care
  • A defendants actions or inactions resulted in harm to the plaintiff
  • The defendant was aware of their conduct which although foreseeable resulted in medical negligence

Claiming For Negligence In A Hospital

Anyone who has spent any time in a hospital and feels they have suffered negligence on the part of a doctor, nurses or other health care officials, may be entitled to claim compensation should it be possible to prove that hospital staff failed in their duty of care.

In most instances, medical claims involving specific types of medical negligence are filed against hospital management because they not only have a duty of care to ensure you are treated correctly but also to ensure that a hospital environment is safe and that all medications are given in the correct doses. Should a hospital fail in any safety procedures that by law are set in place and as a result your health suffered, we can help establish if you have a valid private hospital negligence claim against a hospital under UK medical negligence law.

Claiming For Negligence In A NHS Hospital

It is worth noting that filing a private hospital negligence claim differs slightly than filing a claim against the NHS. The reason being that the NHS operates a complaint procedure which allows dissatisfied patients the opportunity to voice their concerns regarding a treatment they received which is then recorded by the NHS hospital concerned. An NHS patient has every right to lodge a complaint and to ask for an independent investigation into their treatment. If an NHS patient has a valid case, they have every right to receive the level of compensation they deserve.

With this said, most NHS hospital negligence claims are settled out of court, but should you wish for your case to be heard, you have every right to insist that it goes to court. If you are unsure and need guidance as to whether you have a strong case, we offer a free initial, no obligation consultation and would be happy to listen to your claim before advising you on the best way to proceed with your hospital negligence claim.

Hospital Negligence Claims Time Limits

When it comes to hospital negligence claims time limits, you need to bear in mind that these exist and currently stand at 3 years from the time you realised you had been badly treated due to specific types of medical negligence on the part of a hospital. With this said, it is worth noting that exceptions exist to the 3-year rule which are detailed below:

  • If the patient is under 18-years of age when the negligent treatment occurred, in which case the time limit of 3 years commences from the date of the patient’s 18th birthday
  • If the patient suffers from a mental health issues in which case the 3-year time limit commences once the patient recovers from their mental health illness

Are There Different Types Of Hospital Medical Negligence Claims?

There are various forms of hospital negligence claims thanks mainly to the fact that each case is unique and assessed as such. The level of damage a patient may suffer can also differ quite dramatically. Detailed below are the different types of hospital negligence claim:

  • Contributory negligence: In this instance it is the patients themselves who contribute and who are therefore responsible for their worsening health. Compensation for damages for medical negligence of this type are not typically awarded
  • Comparative negligence: In this instance, a victim of hospital negligence has contributed or deemed partly responsible for their worsening health. A court would typically place the balance of blame both on the medical professional and the patient with the level of compensation being awarded accordingly
  • Vicarious liability: In this instance, the hospital negligence claim is lodged against the Trust or organisation that controls medical professionals who work in the hospital. As such, the claim would be filed either against the management/owner of a private health care facility or the NHS
  • Gross negligence: In this instance the clinical negligence is deemed extremely serious and it is important to bear in mind that all medical professionals and others who work in a health care facility whether an NHS hospital or a privately owned facility, has a duty of care to ensure that all their patients are treated in the proper manner. Should a medical professional fail in their duty of care and a patient suffers as a direct result of their actions, a court could rule they acted with gross negligence and a case would go to court

If you need help and professional hospital negligence advice on what type of medical claim you may be able to file against either the NHS or a private health care facility, we strongly recommend that you call us today. We offer a free initial, no obligation consultation and would be happy to answer any questions or queries you have about a hospital negligence claim. We have successfully worked on many cases and are in a position to offer advice on hospital negligence claims payouts people have received in the past.

Are There Different Reasons For Hospital Medical Negligence Claims?

When it comes to why you may feel you have the right to lodge a hospital negligence claim, there are various reasons why. Doctor or hospital error or maltreatment on the part of a nurse might have resulted in your worsening health. Other reasons why a patient might want to file a hospital negligence claim are detailed below:

  • Failure on the part of a health care practitioner to note that a patient’s health is worsening even when being treated
  • Failure to perform a much needed operation when necessary
  • Failure on the part of a doctor to treat a patient appropriately and in accordance with their health condition
  • Mistakes while performing surgery
  • Failure to provide sufficient and appropriate aftercare once a patient has undergone surgery
  • Failure to perform a correct investigation into a patient’s health condition
  • Failure to read a patient’s full medical history before a treatment plan is set in place
  • Failure to correctly interpret medical investigations, i.e. X-rays, ultrasounds etc

Whatever the reason you feel a hospital has been negligent in their treatment of you, we strongly recommend that you speak to one of our No Win No Fee lawyers who is in the best position to advise you on whether you have a strong case to file a hospital negligence claim.

How Do We Assess How Severe Your Injury Or Illness Is?

The amount you may be awarded having filed a hospital negligence claim, would depend on the severity of your health condition and/or injury/damages. As such, you must have your condition professionally assessed by an independent medical practitioner who would provide an official report that we would use in your hospital negligence claim.

We would provide valuable legal advice and arrange for you to be examined by a local, independent medical professional who would provide a report on your condition. You may choose to work with us on a No Win No Fee basis which takes the financial pressure off you having to find the funds to pay for much needed legal advice associated with personal injury claims.

What Steps Should You Take If You Suffered Negligence In A Hospital?

If you feel that you have good reason to file a hospital negligence claim, there are certain steps you must take to strengthen your case against an NHS hospital of a private health care facility. Gathering as much evidence as possible is crucial in any type of personal injury claim which includes hospital negligence claims. The steps you must take are detailed below:

  • Gather evidence: Hard evidence of clinical negligence of the part of a hospital is essential. This includes photos, witness accounts and medical records/reports on your state of health
  • Independent medical opinion: Having an independent medical opinion on the state of your health, would support your hospital negligence claim
  • Financial losses: You must keep all receipts of expenditure incurred as a direct result of the damages you sustained as a result of negligence on the part of a hospital

Providing enough evidence/information on the circumstances surrounding your case goes a long way when it comes to increasing the amount a court may award you for your pain and suffering. If you have any further questions on how to go about assessing your case, we recommend you discuss things with one of our No Win No Fee lawyers today.

What Can You Include In A Personal Injury Claim?

There are several things that can be factored into a hospital negligence claim, bearing in mind that every case is unique and as such, treated as such. However, the things that are typically included in a personal injury claim are detailed below:

  • General damages: Awarded for pain and suffering which includes psychological damage a patient might have endured
  • Medical expenses: Awarded to cover medical expenses incurred as a direct result of negligence on the part of a hospital
  • Care expenses: Should you require home care because you are unable to carry out daily tasks and/or take care of yourself, you can include the costs you incur for home care
  • Funeral expenses: Should the negligence on the part of a hospital result in death, loved ones have every right to file for funeral costs in a hospital negligence claim

Typical Hospital Negligence Compensation Settlements

Because every hospital negligence claim is unique and therefore assessed as such, the amounts that a court may award on any particular claim can vary which makes it virtually impossible to provide an absolute amount you may be awarded. However, based on past hospital medical negligence claims we have successfully worked on and the amounts that courts have awarded people in the past, the chart below offers a ballpark figure on the amount you may be awarded having successfully won your hospital negligence claim:

type of injury/damageAverage amounts awardedNotes
Paralysis (Quadriplegic)£284,601 to £354,260Total paralysis
Paralysis (Paraplegic)£192,090 to £249,270Partial paralysis
Brain Injury£1,940 to £354,260Minor to extremely severe
Mental damage£1,350 to £101470Minor to very severe
Eye injury£3,460 to £235,650Minor to extremely severe (loss of eye)
Ear injury£26, 040 to £96,150Partial to total
Chest injuries£39,940 to £57,620Minor to severe
Neck injury£3,840 to £130, 060Minor to severe
Back injury£6,920 to £141, 150Minor to severe
Arm injury£13,720 to £211,150Minor to severe
Wrist Injury£2,500 to £52,490Minor to severe
Hand Injury£5,110 to £176,660Minor to very severe
Leg Injury£84,400 to £247,280Minor to very severe
Knee Injury£8,000 to £84,360Minor to severe
Ankle Injury£8,000 to £61,110Minor to severe
Foot Injury£73, 620 to £176,660Minor to severe

Starting Your Claim Using Medical Negligence Solicitors

Like all other personal injury claims, having the right amount of information and evidence goes a long way when filing a hospital negligence claim in the hope that it would be successful. Having the right personal injury solicitor on your side also goes a long way in successfully filing a claim against an NHS hospital or private health care facility. As such, one of the first things we always advise people who feel they have a claim, is to contact a personal injury solicitor at their earliest convenience.

At Accident Claims UK, we take great pride in the fact that we offer a free initial, no obligation consultation which means that we can provide valuable advice and the necessary information on how to go about filing a hospital negligence claim. Our No Win No Fee service also takes having to find the funds to pay for legal advice off the table.

The initial consultation allows us to assess your case before advising on whether your hospital negligence claim has a very good chance of succeeding, bearing in mind that we have worked on many successful medical claims for clients in the past.

Once you have decided to work with us on a No Win No Fee basis, and we have gathered all the necessary information pertaining to your case, we would immediately act on your behalf by contacting the defendants whether an NHS hospital or private medical facility is involved in your claim.

To find out more about our initial free, no obligation consultation and our No Win No Fee structure, please don’t hesitate in contacting us today.

How To Make A No Win, No Fee Claim For Negligence In A Hospital

Working with a personal injury solicitor on a No Win No Fee basis allows a personal injury lawyer to immediately take up your hospital negligence claim without the need of any upfront fees. It takes the strain out of having to find the funds to pay for legal advice at a time when you need things to be as stress-free as possible.

We work with many clients having signed a Conditional Fee Agreement and have won many cases where hospital negligence was proven. We only ask for a fee to be paid when a court has ruled in your favour or as in the case in most NHS hospital negligence claims, insurers settle before the case even gets to court. If your case is unsuccessful, we would not require any payments because under the CFA we agreed to take all the risks when it comes to winning your personal injury claim against a hospital.

How Accident Claims UK Can Help You

If you feel you have a strong case to file a hospital negligence claim but are unsure of how to proceed, at Accident Claims UK, we take all the hard work out of the process of filing a claim right from the moment you contact us.

We provide a free initial, no obligation consultation which allows you to ask any relevant questions about how to go about filing a hospital negligence claim. After this, it is completely up to you as to whether you would like to work with our solicitors on a No Win No Fee basis. We work with true professionals in their field of work and have a large network that includes the best medical negligence solicitors throughout the country.

We are in a position to arrange for you to be examined by a local independent medical practitioner. Many clients ask us this question “where can I find medical negligence solicitors near me”. The answer is that we can act on your behalf and find you the right personal injury lawyer near you who would be willing to take up your case on a No Win No Fee basis.

If you are happy for us to work on your behalf, we would ask that you provide us with as much evidence as possible which we would use to strengthen your claim. With years of experience in handling this type of personal injury claim, you can rest assured that your are in good hands when it comes to filing a hospital negligence claim against an NHS hospital or a private medical facility. We have successfully worked on many NHS compensation claims for happy clients in the past.

Contact Our Team Today

We here to help you through the often complex process of lodging a personal injury claim. Our claims line is open 24-hours, 7-days a week and 365-days a year.

Telephone us on 0800 073 8801 to speak to a personal injury solicitor today.

Email: office@accidentclaims.co.uk – we will get back to you promptly.

Helpful Links

The following link takes you to the Royal College of Nursing website where you will find a lot of useful information regarding duty of care:

www.rcn.org.uk/get-help/rcn-advice/duty-of-care

The following link takes you to the NHS website where you will find useful information on claims statistics:

www.england.nhs.uk/statistics/