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

By Joanne Jeffries. Last Updated 23rd July 2021. If you have been affected by medical negligence, you may consider making a hospital negligence claim and seeking hospital negligence compensation.  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 compensation claim. We can help you through the process and offer a free initial, no-obligation consultation ensuring you are on the right track right away.

Anyone who suffers as a result of negligence on the part of a medical professional, no matter how the negligence occurred, 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 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.

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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 or 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. And this could lead to you being able to pursue a claim with a solicitor, authorised and regulated by the solicitors regulation authority receiving hospital negligence compensation.

If you suffer negligence via misdiagnosis, late diagnosis, surgical error or other hospital negligence that makes your condition worse or causes you to suffer unduly, you could take a hospital to court to claim hospital negligence compensation.

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 such as a doctor 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 according to the law society, would be better positioned to advise you on how to proceed when making a hospital negligence compensation 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 is 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 claim hospital negligence compensation and we can walk you through the process offering an initial free, no-obligation consultation.

Statistics For Incidences Of Hospital Negligence In The UK

If you are someone that has been affected by negligence and intend on making a hospital negligence claim, you may benefit from knowing statistics. Within the section below, we are going to take a look at the Annual report and accounts 2018/19 provided by the NHS. Within the report, it states that:

  • The provisions for claims identified by the NHS has increased by £6.4 billion to £83.4 billion.
  • 10,678 new clinical negligence cases raised, which in comparison to the previous year is a 0.08% increase.
  • The number of non-clinical claims rose from 3,570 in 2017/18 to 3,585 in 2018/19.

If you believe that you have suffered from medical negligence and wish to make a hospital negligence compensation claim, please reach out and speak to our team.

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. Hospital negligence compensation could help you move forward after such an incident.

Claiming For Negligence In A NHS Hospital

It is worth noting that filing a private hospital negligence compensation claim differs slightly from 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 for hospital negligence compensation, 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 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 a 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 compensation 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 about potential hospital negligence compensation. They are in the best position to advise you on whether you have a strong case to file a 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 compensation 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 – Updated July 2021

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:

Injury typeSeverityAmount Awarded
Shoulder InjuriesSevere£18,020 to £45,070
Shoulder InjuriesSerious£11,980 to £18,020
Wrist InjuriesSevere£44,690 to £56,180
Wrist InjuriesVery minor£3,310 to £4,450
Leg InjuriesLoss of Both Legs£225,960 to £264,650
Leg InjuriesAbove-knee Amputation of One Leg£98,380 to £129,010
Leg InjuriesSevere£90,320 to £127,530
Ankle InjuriesSevere£29,380 to £46,980
Ankle InjuriesModerate£12,900 to £24,950
Toe InjuriesAmputation of All Toes
£34,270 to £52,620
Toe InjuriesAmputation of the Great ToeIn the region of £29,380
Toe InjuriesSevere Toe Injuries£12,900 to £29,770

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 aid and 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 (No Win No Fee Agreements) 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 against one or more NHS trusts 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 for hospital negligence compensation 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

  • RCN – The following link takes you to the Royal College of Nursing website where you will find a lot of useful information regarding the duty of care.
  • NHS – The following link takes you to the NHS website where you will find useful information on claims statistics.
  • Dental Negligence Claim – take a look at our guide to learn more about dental negligence claims.
  • GP Negligence Claim – why not take a look at our guide if you have been affected by negligence and wish to make a claim.
  • Laser Hair Removal Burn Claim – if a laser hair treatment has left you injured, please click the link to see whether we could help you take legal action.

Hospital Negligence Claim FAQs

What are some examples of medical negligence?

Here are some common examples of medical malpractice:

  • Birth-related injuries.
  • Surgical errors.
  • Emergency room errors.
  • Failure to diagnose an illness or injury.

Can you sue the NHS for medical negligence?

You may question whether you could make a claim if the NHS has acted negligently and caused you harm, and the short answer is yes. If you received treatment from the NHS that was negligent and caused you unnecessary harm, then a claim could be a suitable course of action.

How do you prove medical negligence?

In order to prove medical negligence, you would be required to supply evidence in order to make a claim. You must be able to provide evidence to show that:

  • A doctor-patient relationship existed.
  • Failure to diagnose
  • Improper treatment.
  • The doctor failed to warn the patient of the risk involved.

What other evidence could you use?

There are various forms of evidence you can attain to support your case, such as:

  • Collecting witness statements.
  • Visiting a medical professional to medically diagnose malpractice.
  • Taking photographs.

Could a doctor deny liability?

They could, but if the evidence is overwhelming against them, it serves no purpose to continue avoiding responsibility for poor medical care and lack of proper medical treatment for the victim.

How long could a clinical negligence claim take?

It might take between 12-18 months to secure compensation if it doesn’t go to court.

Does the damage from any hospital negligence have to be long-term?

No, but the more severe that the long-term impact is, the bigger that the potential compensation could be.

When does the claimant receive their settlement if the case is successful?

They should be in receipt of their settlement within 28 days of the agreement being reached.

What can you claim for medical negligence in a hospital?

As we’ve mentioned in the sections above, your hospital negligence compensation payout could include various different damages. The first type is general damages. These are meant to compensate the victim of negligence for the suffering, pain and loss of amenity caused by the negligence. This award could depend entirely on how your injury or illness has been exacerbated because of the negligence you’ve suffered. During the course of your hospital negligence claim, you’d need to see an independent doctor, who could assess your illness or injury. They’d need to put together a report, giving their expert opinion on your condition. The report could also include details of your prognosis. However, the physical injury or illness is not the only thing you could claim for. You could also claim if you’ve suffered psychological injuries from an incident involving hospital negligence.

Claiming for psychological injuries – how does it work?

We put our trust in the medical professionals that treat us. When something goes wrong, it could be traumatic and it could cause a person to suffer not only physically, but mentally too. You may suffer from anxiety, stress and depression as the result of hospital negligence. If this is the case, it could lead to compensation. After all, mental health affects many aspects of our lives, from being able to enjoy a social life to being able to attend work as normal. If you’ve sustained psychological injuries due to hospital negligence, you could include such injuries within your claim.

Thank you for taking the time to read our guide on how to make a hospital negligence claim. Hopefully, you have learned a lot about claiming for hospital negligence compensation.