Have you suffered unnecessary harm while in the hospital because a medical professional failed to meet the required standard of care expected of them? Then, you may be eligible to start a medical negligence claim. If you’re unsure where to start, you will want to read our guide about hospital negligence claims and find out how compensation could support your recovery and help you find closure.
Our guide will outline why claims may happen and who can pursue compensation. We will also explore what compensation in clinical negligence claims covers and the evidence that you might need.
Furthermore, you can read about time limits and how No Win No Fee agreements work. Our medical negligence lawyers provide excellent services to eligible claimants on this basis. They have decades of combined experience working tirelessly to secure medical negligence compensation for claimants.
To get started, you can speak to our team for confidential advice or a free, no-obligation case assessment. Contact us today:
- Use our online contact form
- Call us on 0800 073 8801
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Jump To A Section
- Can I Sue A Hospital For Negligence?
- Is There A Difference To Suing NHS And Private Hospitals?
- How Much Compensation Can I Get For Negligent Hospital Care?
- The Most Common Examples Of Hospital Negligence Claims
- What Evidence Do I Need To Prove Negligence?
- How Long Do I Have To Make A Medical Negligence Claim?
- Will I Need To Go To Court For A Hospital Negligence Claim?
- Can Hospital Negligence Claims Be Made On A No Win No Fee Basis?
- Learn More
Can I Sue A Hospital For Negligence?
Hospital negligence claims must meet the following criteria in order to proceed:
- A medical professional working in a hospital owed you a duty of care
- They failed to treat you in accordance with their duty
- This caused you to suffer unnecessary harm
A duty of care simply means that a medical professional must meet certain minimum standards when treating a patient. How these standards are approached may vary by profession or field, but the principle of providing the correct level of care is universal. Moreover, these standards must be met whether someone works in the public or private sector.
If a professional causes a patient to suffer unnecessarily because they do not meet their legal obligations, it may be grounds for a valid clinical negligence claim. However, it must be pointed out that not all cases of harm are avoidable or due to someone’s negligent actions. For example, a patient may experience harm when they undergo chemotherapy, but such treatment is necessary to treat cancer.
If you’d like to learn more about what constitutes medical negligence, please keep reading our guide. Or, get in touch with a trained advisor to find out whether you could make a claim today.
Is There A Difference To Suing NHS And Private Hospitals?
There are some differences between claiming against an NHS hospital and a private hospital. If you were an NHS patient, then NHS Resolution would be responsible for handling the claim. This organisation is tasked with paying out compensation and functions somewhat like an insurance provider on behalf of NHS trusts.
In the private sector, most hospitals will have their own insurance provider. When that is the case, a claim against a private facility would go through the insurer.
To find out more about how hospital negligence claims against NHS and private hospitals may differ, please get in touch. Our advisors are here to help and are available 24/7.
How Much Compensation Can I Get For Negligent Hospital Care?
How much compensation you receive will depend on the specific circumstances of your claim and how they affect 2 heads of loss: General (the harm you suffered) and special damages (the financial loss you experienced).
Below, we’ve listed compensation brackets concerning several types of harm from the Judicial College Guidelines (JCG), which is a document that solicitors may use to assess general damages.
These figures are not a guarantee of compensation (or how much you could receive). Additionally, the first figure isn’t from the JCG as it is a combination of both general and special damages.
| Type of Harm | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple forms of very severe harm and associated financial impact | Very severe | Up to £1,000,000 | Multiple forms of very severe harm with associated financial losses, including lost income and professional care |
| Brain | Very severe | £344,150 to £493,000 | The impacted person may be able to follow basic commands but will show little environmental engagement or language function (or none at all). There will also be double incontinence and a need for full-time care |
| Paralysis | Tetraplegia (also known as Quadriplegia) | £396,140 to £493,000 | In this bracket, the top end for compensation will include cases involving pain or where communication abilities and the senses have been significantly impacted. This bracket will consider factors like the degree of insight a claimant has, age, the the extent of independence, and what amount of pain relief is required (if any) |
| Kidney | Serious damage to both/or both lost | £206,730 to £256,780 | Both kidneys will have either suffered serious and permanent damage or be lost |
| Bowels | Double incontinence | Up to £244,790 | Complete loss of bowel and urinary and function/control. There will also be other medical complications |
| Reproductive system: female | Infertility (a) | £140,210 to £207,260 | Claimant willl experience sexual dysfunction, scarring, pain, and psychological issues |
| Reproductive system: male | Total loss of reproductive organs | In excess of £187,790 | Compensation will depend on factors such as impact on fertility, hormonal effects, sexual dysfunction, and pain |
| Arm amputation | Loss of one arm (i) | Not less than £167,380 | The arm will have been amputated from the shoulder |
| Leg | Below-knee amputation of one leg | £119,570 to £162,290 | This bracket will consider whether a claimant is experiencing phantom pains, problems with the stump, impact on mental health, and how effective prosthetics are |
| Leg | Severe (ii) very serious | £66,920 to £109,290 | Cases include those leading to permanent mobility problems and a lifelong need for mobility aids (or crutches). This bracket may also include injuries involving multiple fractures that have taken years to heal and resulted in serious deformity and limited movement |
What Factors Determine The Amount Of Compensation I Get?
Your compensation will be impacted by several factors, such as the severity of harm and the impact on various areas of your life. As mentioned, medical negligence claims consist of 2 heads of claim. We’ve touched on how general damages compensate individuals for the harm suffered (both physical and psychological), but what about special damages?
If you’ve experienced hospital negligence, you may already be well aware that the financial consequences can be far-reaching. After all, you might have lost income due to time spent off work or had to hire a professional carer. So long as there is proof like receipts or bank statements, special damages can also help recoup expenses like:
- Additional medical treatments and medications
- Costs for extra childcare
- Travel to and from medical appointments
- Home adjustments, such as a wet room, wheelchair ramps, and lowered countertops
- Accessibility improvements to your vehicle, including swivel seats and hoists
- Therapy, counselling, and physiotherapy
Interim Payments
If you urgently need funds to pay for treatment or other essential out-of-pocket expenses, you may be able to receive a portion of your compensation before the claim is settled. In order to qualify for interim payments, claims need to meet specific criteria:
- A defendant has accepted their liability
- Or, it is likely that you will receive compensation
- An urgent need is clearly demonstrated
If eligible, one of our expert medical negligence solicitors can help you navigate the process of applying for early funds. In the meantime, should you have any questions about interim payments for hospital negligence claims, please do not hesitate to contact our helpful advisors.
The Most Common Examples Of Hospital Negligence Claims
There are a variety of situations that could provide grounds for hospital negligence claims. Some of the more common include:
- Your doctor prescribes the wrong dosage after mixing up your medication with that of another patient, resulting in permanent kidney damage
- A surgeon negligently operates on the wrong part of your back, causing a nerve to be severed and resulting in paralysis after surgery
- Despite presenting with typical symptoms, a doctor misdiagnoses your cancer as adenomyosis after misreading your test results. Due to this failure, you experience delays in treatment, allowing your cancer to spread and worsen
- During labour, a doctor applies unnecessary force while using forceps, fracturing a bone in your pelvis and causing significant blood loss that leaves you with anaemia.
This list does not cover all examples of medical negligence, so don’t worry if you don’t see your specific experience here. Before we continue, it’s important to reiterate that not every instance of harm will be due to medical negligence. If you’d like to find out more, please do not hesitate to contact an advisor to discuss the specifics of your case.
What Evidence Do I Need To Prove Negligence?
Hospital negligence claims require you to provide evidence of the harm you suffered and its cause. You should consider whether you can provide any of the following:
- A copy of your medical records, such as symptoms, diagnoses, tests, and treatments
- Contact details of people who witnessed your treatment. A solicitor can use these details to gather statements on your behalf
- A diary of the symptoms and treatment you experienced, as well as how the clinical negligence has impacted your day-to-day life
- Photographs of visible harm, such as scarring, burns, or wounds
Will I Be Required To Attend A Medical Examination?
You may need to undergo an independent medical assessment as part of the claims process. Your solicitor will discuss this with you beforehand, so it will not be organised without your consent.
If you would like to discuss proving a claim or how our expert solicitors can help gather evidence, why not get in touch with an advisor? Our advice is free of charge, so you have nothing to lose by enquiring.
How Long Do I Have To Make A Medical Negligence Claim?
You will typically have 3 years to start a claim, beginning from the date that negligence occurred or when you became aware that it caused you to suffer unnecessarily. This time limit is in place due to the Limitation Act 1980.
Are There Any Exceptions To The Three Years?
Yes, exceptions apply for minors and mentally incapacitated individuals since neither is able to start a claim on their own. Consequently, time limits are frozen unless the following conditions are met:
- Minors: The 3-year time limit takes effect from the day a person turns 18
- Mental Incapacity: Time limits only apply to vulnerable adults if their mental capacity is restored. In such an eventuality, the usual 3 years will apply and run down from the date of recovery
While time limits are on hold, an eligible adult can start a claim on another’s behalf as a litigation friend. This role is often filled by parents, other loved ones, or solicitors.
What Happens in Fatal Hospital Negligence Claims?
In fatal medical negligence claims, the standard 3-year time limit will apply from either the date of death or the date of knowledge. In short, the date of knowledge is the point when you reasonably became aware that medical negligence was at fault for the deceased’s death.
The Fatal Accidents Act 1976 (FAA) allows dependants to make a claim if the deceased’s estate has not already done so. However, you cannot bring a claim forward for the first 6 months following someone’s death, nor can you claim on their behalf. In those first 6 months, only the deceased’s estate can claim, per the Law Reform (Miscellaneous Provisions) Act 1934.
If you have any questions about time limits and how they affect hospital negligence claims, please do not hesitate to contact our team for further advice.
Will I Need To Go To Court For A Hospital Negligence Claim?
It is unlikely since most hospital negligence claims are settled outside of court. The rare instances where cases end up in court are typically because a defendant has denied liability or negotiations have failed to reach a settlement.
Should you work with one of our expert medical negligence solicitors, you can be confident that you will be supported throughout the whole process. You can speak with a team member to find out more.
Can Hospital Negligence Claims Be Made On A No Win No Fee Basis?
Yes, you can claim on a No Win No Fee basis using a Conditional Fee Agreement (CFA), meaning you would not have to pay fees for your solicitor’s work:
- Before the claim starts
- While the claim is underway
- If you do not receive medical negligence compensation
However, in the event that you do receive compensation, you will need to pay a success fee. This fee is a percentage of your compensation that is paid to a solicitor for their work. There is a legal cap in place for this percentage, ensuring that you keep most of the compensation.
Contact Accident Claims’ Solicitors
Not only do our solicitors offer excellent No Win No Fee agreements, but they also have years of experience advocating on behalf of eligible claimants. They take a customer-focused approach to law, maintaining communication throughout your claim and advising on anything you are unsure of.
Our solicitors have already secured over £80 million in compensation for previous claimants. You can contact our advisors for free to find out whether you could be eligible to use their services. They may be able to connect you to one of our solicitors and start your journey towards gaining compensation.
Learn More
You can also visit our other guides:
- Learn how to claim compensation for being discharged prematurely from the hospital
- Find out about claiming for a negligent blood test
- Find out how to claim compensation for GP negligence
External resources:
- Find out how to claim Statutory Sick Pay (SSP)
- Read about how NHS Resolution manages medical negligence claims
- Visit this NHS page to find out about the mental health services on offer
Thank you for reading our guide on hospital negligence claims.
