This guide examines some examples of patient abuse in hospitals you could be eligible to make a criminal injury claim for. There are different avenues through which you could seek criminal injury compensation which we will address in our guide. However, the main avenue we will focus on is the Criminal Injuries Compensation Authority (CICA). The CICA is a Ministry of Justice sponsored executive agency that was established to given the victims of violent crimes in Great Britain a means of claiming compensation. It is intended as a last resort and if there is another way for you to claim compensation, you should do so.
We expect hospitals to provide healthcare services that meet a certain standard and to protect patients from coming to any harm while under their care. Failures to maintain adequate safeguarding standards can result in serious breaches of patient safety.
We examine the eligibility criteria to begin a CICA claim, as well the evidence you will need to provide. You will also see information on the how criminal injury compensation is calculated using the fixed tariff of injury from the Criminal Injuries Compensation Scheme 2012 which the CICA administers.
At the bottom of our guide, we have included a section on the No Win No Fee contract offered by our dedicated criminal injury solicitors, exploring how potential claimants can benefit when instructing a solicitor to represent them under such an agreement.
Contact Us
To ask questions about the criminal injury claims process, or to get a free assessment of your eligibility to start a claim, contact our team of advisors. You can get in touch 24 hours a day using the following:
- Call us on 0800 073 8801.
- You can also contact us through our website.
- Or, you can use the live chat service by clicking the button in the bottom left of your screen.
Select A Section
- Examples Of Patient Abuse In Hospitals That Could Be Claimed For
- Abuse Claims Against A Hospital
- When Could You Claim For Being Abused In A Hospital Through The CICA?
- What Evidence Could Support Your CICA Claim?
- Hospital Abuse Payouts For CICA Claims
- Why Claim For Examples Of Patient Abuse In Hospitals With A No Win No Fee Solicitor?
- Learn More About Hospital Abuse Claims
Examples Of Patient Abuse In Hospitals That Could Be Claimed For
A healthcare provider, such as a hospital, has a duty of care to protect all patients in their care. Upholding this duty can involve conducting sufficient background checks on newly hired staff, and ensuring dangerous patients are monitored and kept under control while they receive treatment.
Failures by a hospital to take these measures can result in situations that jeopardise patient safety and result in the physical harm or psychological stress of patients.
Examples of patient abuse in hospitals can include:
- Emotional or physical abuse from staff members.
- Elder abuse.
- Verbal abuse.
- Violence from another patient that the hospital failed to prevent.
- Sexual abuse, assault or other sexual crimes.
- Abuse of vulnerable persons such as mental health patients and children.
- Patient neglect such as not ensuring patient hygiene.
Every case is different and this list is not intended to cover every scenario where abuse could arise in a hospital. You can find out more about claiming criminal injuries compensation in your particular circumstances by speaking to our advisors using the contact information given above.
Abuse Claims Against A Hospital
Examples of patient abuse in hospitals could be compensated through a vicarious liability claim. This is where you claim against the organisation, in this case, the hospital, for failing to protect you from abuse, such as psychological abuse or sexual assault.
An example of this would be when complaints regarding the conduct of a hospital employee had been made, but the hospital ignored them, and the employee went on to commit acts of physical abuse against patients.
To find out whether you could be eligible to claim against a hospital for patient abuse, call our team using the number above.
When Could You Claim For Being Abused In A Hospital Through The CICA?
Making a criminal injury claim through the CICA after suffering abuse from healthcare professionals, another patient or member of the public will require you to meet some eligibility criteria. The perpetrator being charged with the crime is not required in order to start a criminal injury claim.
The eligibility criteria are as follows:
- You were injured in a crime of violence that is compensated under the 2012 Scheme.
- The violent crime occurred in Great Britain (England, Scotland or Wales).
- This crime was reported to the police.
Time Limits In Patient Abuse Claims Made Through The CICA
A claim made through the CICA is generally subject to a limitation period. If you were an adult at the time of the incident of patient abuse, you should submit your claim no later than two years after it occurred. However, if exceptional circumstances prevented you from beginning a claim, an extension may be granted, such as in cases of historical abuse.
Victims who were under 18 when the crime took place have until their 20th birthday to begin a CICA claim if a police report was made before they turned 18. In cases where the crime was reported to the police on or after their 18th birthday, the time limit is 2 years from when it was first reported.
In addition to the time limits for starting a claim through the CICA, the incident must also be reported to the police as soon as it’s reasonably practicable to do so. An exception may be granted if extenuating circumstances prevented you from doing so.
For further advice on how long you have to claim for a criminal injury, or to inquire further about the examples of patient abuse in hospitals you could claim compensation for, talk to our advisors today.
What Evidence Could Support Your CICA Claim?
Making a claim through the CICA will require the submission of some supporting evidence. We have provided this list of evidence you may need to collect in order to start a criminal injury claim:
- Your police reference number from when the crime was reported.
- Relevant medical documents that show the extent of the injuries you suffered and that these injuries can be compensated for under the Scheme 2012.
- Proof you meet the residency requirements.
You will not need to get proof the crime took place, such as witness statements or hospital security camera footage. The CICA will coordinate with the police to obtain this proof. One of our expert criminal injury solicitors could also provide support with gathering evidence to support your case.
If you are claiming against a vicariously liable third party, the evidence you may need to gather to support your claim may differ. You can speak to our advisors for further guidance by calling the number above.
An advisor can also offer you a free assessment of your eligibility to claim. If your potential claim is deemed valid, one of our solicitors could take on your case and assist you with gathering evidence for your claim.
Hospital Abuse Payouts For CICA Claims
The way in which criminal injury compensation payouts are calculated can differ depending on the avenue through which you make your claim. For example, compensation in a successful CICA claim is awarded as per the fixed tariff of injury from the Criminal Injuries Compensation Scheme 2012. Examples of patient abuse in hospitals that could be compensated under the 2012 Scheme have been provided here.
Please note that the first entry was not taken from the tariff, rather it is the potential maximum that can be awarded by the CICA in a given claim.
Compensation Table
Please note the examples of CICA payouts given in this table are fixed.
| Type of Injury | Compensation Amount | Notes |
|---|---|---|
| Multiple Very Serious Injuries, Loss of Earnings And Special Expenses Payments | Up to £500,000 | The victim of the violent crime will have suffered multiple very serious injuries, as well as suffered a loss of earnings and incurred special expenses. |
| Quadriplegia | £250,000 | Substantially complete to both upper and lower limbs. |
| Paraplegia | £110,000 | Moderate but substantially incomplete impairment of motor or sensory function in the lower limbs. |
| Brain Damage | £110,000 | Moderately severe brain damage resulting in a serious disability affecting the person's physical or mental faculties. Cases also involve a substantial dependence on professional or other care. |
| Sexual Assault | £22,000 | Sexual assault that causes serious internal bodily injuries. |
| Burns to the Head | £16,500 | Severe burns to the head that cause more than minor disfigurement. |
| Physical Abuse | £5,500 | Pattern of severe and repetitive abuse causing minor disfigurement. |
| Sexually Transmitted Infection | £22,000 | Infection with one or more of HIV, Hepatitis B or C as a result of a violent crime. |
| Pregnancy | £5,500 | Payment for becoming pregnant due to a violent crime. |
| Loss of Foetus | £5,500 | Loss of a foetus due to the abuse. |
Where more than one injury has been sustained as a result of a violent crime, the multiple injuries formula will be applied. This means you will receive 100% of the tariff amount for the injury with the highest value, and then 30% and 15% for second and third highest or injuries of an equal value.
What this means is you can only receive compensation for a maximum of 3 injuries. However, separate tariff payments not subject to the multiple injuries formula can be made if you miscarried, became pregnant or contracted a sexually transmitted infection as a result of a violent crime.
Special Expenses and Loss Of Earnings Payments
You may be eligible to claim compensation for special expenses as part of your patient abuse claim. These refer to certain costs and losses which you may have incurred due to your injury. Examples of special expenses can include repairs or replacements of any personal aid equipment that was damaged during the abuse, or the cost of the management of financial affairs if your mental capacity has been negatively affected.
You may also be eligible to claim for a loss of earnings if you are unable to undertake work due to your injuries.
There are some eligibility criteria that will need to be met in order to claim these additional payments for loss of earnings and special expenses. For a more personalised idea of what your potential criminal injury claim could be worth, contact our advisors. They can also provide guidance on the criteria for the additional payments.
Why Claim For Examples Of Patient Abuse In Hospitals With A No Win No Fee Solicitor?
To find out if you are eligible to claim compensation through the CICA, speak to our advisors for a free assessment. If our team decides your potential claim is valid, they can refer you to one of our dedicated criminal injury solicitors.
Our solicitors can offer their services under a Conditional Fee Agreement (CFA). When instructing a legal representative under this particular type of No Win No Fee contract, claimants benefit from some distinct features. There will generally be no fees to pay at the start or during your claim for the solicitor’s services. You will also not be paying for these services should the claim fail.
Upon the success of your criminal injury claim you will receive a compensation award as per the 2012 Scheme tariff. A percentage of this compensation will be taken by the solicitor as their success fee. Since success fees are agreed upon before the claim begins and legally capped, you know that you will keep the majority of any compensation that is paid out.
To learn more about examples of patient abuse in hospitals you could be compensated for, or to get your eligibility to make a criminal injury claim checked, contact our advisors using the contact information given here:
- Call us on 0800 073 8801.
- You can also contact us through our website.
- Or, you can use the live chat service by clicking the button in the bottom left of your screen.
Learn More About Hospital Abuse Claims
You can learn about criminal injury claims on our website:
- This guide answers the question, “What is the Criminal Injuries Compensation Scheme?” and how you could claim compensation following a violent crime.
- Find out how much compensation for criminal injuries you could be entitled to here.
- Having a criminal record may affect your CICA payout. You can read more on the factors that might affect a CICA claim in this guide.
We have provided some external resources which you may find useful:
- Charity Victim Support provide a range of services and assistance to victims of all types of crime. Read more about their work and access their services through their website.
- Read the Criminal Injuries Compensation Scheme Review 2020 here on the Ministry of Justice website.
- You can report a crime using the Police website.
We’d like to thank you for taking the time to read our guide on examples of patient abuse in hospitals you could potentially claim for. You can find out about making a criminal injury claim by browsing the resources provided above or by contacting our advisory team. Advisors are available 24 hours a day not only to provide answers to your questions, but also to offer a free assessment of your eligibility to claim. Get in touch with us today using the contact information provided above.