When someone needs to go to hospital, the possibility of experiencing negligence may be the farthest thing from their mind. While many treatments go according to plan, hospital negligence can have long-lasting consequences for the physical and mental health of those affected by it. If you’ve experienced the effects of substandard hospital care, you may be eligible to make a medical negligence claim.
In this helpful guide, you will navigate the entire claims process, starting with the eligibility criteria for pursuing compensation. As our guide continues, we will examine how compensation is assessed and explore some of the most common causes of medical negligence claims.
Toward the end of this guide, you will learn about what evidence may be needed to support your case and the No Win No Fee contracts offered by our experienced panel of solicitors. They’ve helped claimants pursue compensation across the country without the worry of having to deal with mounting solicitor fees.
If you have any questions as you read this article, all you need to do is reach out to our expert advisory team. They offer free, straightforward advice 24/7 to help you understand the process and see if you have a claim.
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Jump To A Section
- Am I Able To Make A Hospital Negligence Claim?
- Can I Claim Against An NHS Hospital?
- How Much Compensation For Hospital Negligence Can I Get?
- What Are The Common Examples Of Hospital Negligence Claims?
- How Can I Make A Hospital Negligence Claim?
- How Our Panel Of No Win No Fee Hospital Negligence Solicitors Could Help
- Learn More
Am I Able To Make A Hospital Negligence Claim?
You may be eligible to make a hospital negligence claim if you satisfy the following criteria:
- You were owed a duty of care
- They failed to treat you according to their duty
- This caused you to suffer unnecessary harm
All healthcare professionals, as well as medical environments like hospitals, have a duty of care to their patients. This responsibility entails providing patients with a level of care that meets the minimum expected standards. For instance, the General Medical Council (GMC) sets out a framework of professional standards for doctors and other professionals.
Not every case of harm will be the result of someone else’s negligent actions. For example, a patient may need their leg amputated in order to stop the spread of infection. Even surgeries can fail despite the medical team or hospital meeting the minimum standards expected of them.
If you’d like further guidance on whether you have a valid medical negligence claim, please don’t hesitate to get in touch. Our team of advisors can give you a free case assessment to help determine whether you have grounds to claim.
Can I Claim Against An NHS Hospital?
Yes, you can make a claim against an NHS hospital. The duty of care we talked about above applies to both the public and private sectors, meaning you may have a case so long as you meet the eligibility criteria.
NHS Resolution handles claims on behalf of the NHS trusts that hospitals belong to. As an arm’s-length body of the Department of Health and Social Care, NHS Resolution has its own budget for paying out compensation, ensuring healthcare services aren’t affected by successful claims.
If you have any questions about making a claim or would like to learn whether your case is valid, simply get in touch with our advisory team. They’re here 24/7 to answer your queries at any time.
How Much Compensation For Hospital Negligence Can I Get?
The amount of compensation you might receive for hospital negligence may depend on a variety of factors. Your claim may be made up of general and special damages. The former compensates for a person’s pain and suffering, while special damages cover resulting financial losses.
When assessing general damages, solicitors may use the Judicial College Guidelines (JCG). This document pairs guideline compensation brackets with different severities and types of harm.
We have used some of the JCG brackets in our table below (with the exception of the first figure, which isn’t sourced from the document). Before you continue, it’s important to note that the table doesn’t offer any guarantees concerning compensation, as every medical negligence claim is individually assessed.
| Type of Harm | Severity | Compensation Payout |
|---|---|---|
| Multiple forms of severe harm + special damages (e.g. lost income) | Severe | Up to £1,000,000+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Brain | Moderately severe | £267,340 to £344,150 |
| Kidney | Loss of/serious permanent damage to 1 or both kidneys (a) | £206,730 to £256,780 |
| Male reproductive system | Total loss of reproductive organs | In excess of £187,790 |
| Female reproductive system (a) | Infertility | £140,210 to £207,260 |
| Bowels | Loss of natural function (b) | Up to £183,190 |
| Bladder | Total loss of function/control | Up to £171,680 |
| Back | Severe (ii) | £90,510 to £107,910 |
| Chest | Damage chest/lungs + some ongoing disability (c) | £38,210 to £66,920 |
How Would My Compensation Be Calculated?
Your compensation is calculated by assessing the 2 types of damages mentioned above. For example, general damages may consider how long it will take you to recover and whether you have any long-term disabilities.
Special damages will be influenced by whether your associated financial losses are provable with evidence like bank statements or receipts. So long as there is proof, you could recover costs like:
- Private treatments, rehabilitative care, and occupational therapy
- Travel expenses related to attending medical appointments
- A loss of income resulting from time off work
- Adjustments to make your home liveable, such as a stairlift or walk-in shower
- Care from loved ones or professionals
What Are Interim Payments?
Interim payments are an advance on compensation paid out to claimants before their cases have been completely settled. These payments are designed to address emergency needs during a claim. For instance, a claimant may be unable to pay their mortgage, or they might need urgent private treatment.
An interim payment can only be awarded under certain circumstances. Specifically, it must be likely that you will receive compensation, or the defendant has admitted liability for the harm you endured. You will also need to clearly show why there is a need for interim payments.
You can speak with one of our advisors at any time to discuss medical negligence compensation and how interim payments work. If you are eligible to work with a solicitor from our panel, they can also help you to apply for one.
What Are The Common Examples Of Hospital Negligence Claims?
There are many common examples of hospital negligence claims. We have included some of the more frequently seen below, along with a number of scenarios showing why a claim might arise:
- Medication Errors – A doctor gives you a medication that your patient records state you have a known allergy to. Their failure to adequately check these records triggers a severe reaction, leading you to also develop anxiety
- Delayed Treatment – Your GP fails to recognise the symptoms of breast cancer and doesn’t recommend a mammogram. This delays treatment and allows the cancer to spread to other parts of your body
- Misdiagnosis – Your doctor misinterprets the results of a biopsy, leading them to misdiagnose you with leukaemia. This failure leaves you facing multiple invasive treatments, affecting your fertility and leading you to also develop depression
- Surgical Errors – During a procedure to remove a kidney, your surgeon fails to notice that they have left a swab inside your body. As a result, you suffer organ damage following an infection and need further surgery to remove the swab
- Birth Trauma – A doctor misses the signs of foetal distress, resulting in a newborn being starved of oxygen. This leads the baby to develop cerebral palsy and leaves the mother with long-term post-traumatic stress disorder (PTSD)
This list of examples is not exhaustive, so do not worry if none of them apply to your case. You can contact our advisory team to determine whether your case is eligible.
How Can I Make A Hospital Negligence Claim?
In order to make a hospital negligence claim, you must be able to show how your experience meets the eligibility criteria explored in this guide. This evidence could include:
- Copies of test results and your medical records
- Photographs of any visible signs of harm. For instance, you may have needed a mastectomy because your breast cancer wasn’t correctly diagnosed until it was at a more advanced stage
- Contact information for those who might have witnessed substandard care. If you work with one of the specialist solicitors from our panel, they can use these details to collect statements for your case
- A diary of your symptoms, experiences, and the lasting effects of the harm you suffered
The Bolam test may also be used as evidence. This test involves a panel of medical experts with relevant training offering their opinion on whether negligence occurred.
How Long Do I Have To Start A Hospital Negligence Claim?
You usually have 3 years to begin a hospital negligence claim, as laid out by the Limitation Act 1980. This time limit, also referred to as a limitation period, can take effect from the date of the medical negligence or the point when you became aware it caused you to suffer unnecessarily.
Under the aforementioned act, there are exceptions for children and mentally incapacitated individuals, as neither can claim on their own. In such cases, time limits are put on hold unless someone meets the following conditions:
- Children – The 3-year time limit only begins on a person’s 18th birthday, meaning they can start a claim up until they turn 21
- Mental Incapacity – Time limits will only take effect if an individual regains mental capacity. Then, the standard 3 years will run down from the date that capacity returns
A suitable adult can help someone from these groups make a claim during the time limit pause by becoming a litigation friend. They would then be responsible for acting in the best interests of the claimant.
If you’re unsure whether you have sufficient evidence or would like to know more about litigation friends, please reach out to an advisor. They handle all enquiries free of charge and can discuss how one of the solicitors from our panel can help you obtain proof to support your claim.
How Our Panel Of No Win No Fee Hospital Negligence Solicitors Could Help
Our panel of No Win No Fee hospital negligence solicitors can help you claim on the basis of a Conditional Fee Agreement (CFA). In short, it means you don’t have to worry about paying any solicitor fees:
- Before you begin your medical negligence claim
- While the case is proceeding
- In the event that you do not receive compensation
If you win, your solicitor will get a success fee as payment for the work performed on your case. While it comes out of your compensation, there is a cap in place which guarantees that you keep most of what you get.
All the solicitors from our panel understand that medical negligence can have a lasting impact on those affected by it. They approach every claim with their client’s best interests in mind and work hard to help secure the compensation they deserve.
Here are just some of the many reasons why clients nationwide have chosen to work with our panel of solicitors:
- Tailor-made support system – From the outset, you’ll be guided through the claims process. Not only can a solicitor from our panel answer any questions you have about terminology, but they can help your recovery by connecting you with specialists like physiotherapists
- Evidence gathering – Years of combined training and experience give our panel of solicitors the expertise needed to know how to collect evidence and use it effectively
- Compensation – Our panel of solicitors approach all negotiations with the utmost professionalism, helping them win compensation for clients across the country
- Communication – You can expect nothing less than complete transparency from our panel of solicitors. They will keep you updated at every stage of the claim, so you are never out of the loop
Contact Our Advisors
You can contact our advisors at any time if you would like to discuss anything we have talked about in this guide or want to see whether you are eligible to make a claim. There is no obligation to proceed once you get in touch, so why not reach out for free by using the details below:
- Call us now on 0800 408 7825
- Click ‘contact us’ to complete our form
- Chat through our live support feature
Learn More
Read our other guides on medical negligence:
- Learn about making pressure sore claims
- Get information about claiming for testicular misdiagnosis
- Find out more about prescription error claims
External resources:
- Review annual statistics from NHS Resolution
- See if you can claim Statutory Sick Pay (SSP)
- Read the guidelines for health and care provided by the National Institute for Health and Care Excellence (NICE)
Thank you for reading our guide on hospital negligence claims.