In this guide, we discuss when hospital negligence cases can be brought forward against both public and private healthcare providers.
We provide an insight into the eligibility criteria that must be met for you to have valid grounds to make a medical negligence claim after receiving substandard medical care in a hospital. Additionally, we look at the time limits for hospital negligence claims and the evidence that could help strengthen your case.
Furthermore, we provide some illustrative examples of medical malpractice that you could potentially begin a claim for, such as negligent emergency surgery, or further surgery required due to substandard care being provided initially. We also briefly explain how one of our expert medical negligence solicitors could support you throughout the claims process.
You will also see information on how medical negligence compensation is calculated, along with some examples of monetary losses that could be reimbursed following successful hospital negligence claims.
Towards the end of this guide, we examine the No Win No Fee agreement our solicitors can offer their services under and how such a contract can present considerable benefits to potential claimants.
Reach out to our advisory team at any time with questions or to get a detailed consultation regarding your eligibility to begin a hospital negligence compensation claim at no cost to you. Talk to our advisors today by:
- Calling 0800 652 3087.
- Completing the “Claim Online” form here.
- Using the live chat button at the bottom of your screen.
A Guide To Hospital Negligence Cases
Select A Section
- How Can Medical Negligence Assist Help With Hospital Negligence Cases?
- What Is Hospital Negligence And When Can I Claim?
- Examples Of Medical Negligence Cases
- Payouts For Hospital Negligence Cases
- Start A No Win No Fee Clinical Negligence Claim
- Read More About Hospital Negligence Cases
How Can Medical Negligence Assist Help With Hospital Negligence Cases?
You can contact our advisory team 24 hours a day with any questions you may have regarding the hospital negligence claims process. In addition to addressing any queries, they can provide a zero-cost consultation regarding your eligibility to begin a hospital negligence claim. If eligible, one of our experienced medical negligence solicitors could take on your case, offering a range of support, including:
- Helping to assemble a body of supporting evidence, including relevant medical records and witness statements.
- Issuing a letter of claim to your healthcare provider, notifying them that you beginning a claim against them.
- Calculating a potential value for the harm you have sustained due to the medical negligence, including your loss of earnings and other costs.
- Negotiating with your healthcare provider’s legal representatives on your behalf.
While it is possible to pursue a claim without a solicitor, you could benefit considerably from having an experienced and knowledgeable legal professional working on your claim. Contact our advisory team today to find out more about claiming for hospital negligence with one of our expert solicitors.
What Is Hospital Negligence And When Can I Claim?
Hospital negligence is medical negligence that occurs inside a hospital. Medical negligence, also called clinical negligence, can be defined as a medical professional causing avoidable harm to their patient through failing to provide medical care that meets the correct standard.
This duty applies to all medical professionals, irrespective of whether they work in public or private healthcare.
By “avoidable harm,” we are referring to harm you sustained during your medical treatment that you would not have experienced had the medical professional upheld the correct standard of care.
The medical negligence claims eligibility criteria relevant to hospital negligence cases are as follows:
- A medical professional owed you a duty of care.
- This medical professional breached this duty by failing to provide medical care that met the correct standard.
- This failure caused you to suffer avoidable harm.
To enquire further about the eligibility criteria to begin a medical negligence compensation claim, or to get an assessment of your eligibility for no charge, contact our team today via the information given above.
Are Hospital Negligence Cases Subject To A Time Limit?
Hospital negligence cases are subject to the medical negligence claim time limit set out by the Limitation Act 1980. You will generally have 3 years from the date of the medical negligence to begin your claim. The 3-year limit can also commence from the date of knowledge. This refers to the date you would have been expected to first connect the avoidable harm you have experienced with the negligent medical care you received.
Exceptions to the general 3-year limit can be made in some circumstances. Those who are under 18 will have the 3-year limit frozen until their 18th birthday. Where the patient is of a limited mental capacity, the time limit is frozen indefinitely. In these circumstances, a suitable adult can apply to act as a litigation friend and pursue the claim on the patient’s behalf while the time limit is paused.
To learn more about the applicable time limits in medical negligence cases, speak to one of our advisors today using the contact information provided above.
Examples Of Medical Negligence Cases
Below, we have provided examples of negligent hospital care that could lead to valid hospital negligence cases.
- Wrong medication: A doctor failed to check your patient charts correctly during your hospital visit and administered the wrong medication. As well as not treating your condition, the medication caused an adverse reaction with your existing prescription.
- Negligent surgery: An administrative error from hospital staff resulted in surgeons beginning an operation on your left leg instead of your right one. In addition to delaying your treatment, this unnecessary surgery caused totally avoidable pain and scarring.
- Misdiagnosis: Despite your displaying clear symptoms of lung cancer, doctors diagnosed you with a different medical condition. By the time you received the correct diagnosis, the cancer had spread to other organs due to a delayed diagnosis of the correct condition.
- Birth injuries: A birth injury to a mother or child could be sustained due to negligent care from a midwife. For example, they may fail to monitor the baby’s oxygen levels during birth leading to the baby to develop cerebral palsy due to a lack of oxygen.
There are other ways negligent care following your hospital admission could lead to avoidable harm. However, in order to seek compensation, you must show you meet the eligibility criteria mentioned above.
To find out if you could be eligible to begin a hospital negligence claim in your particular circumstances, such as following negligent surgery, or misdiagnosis due to the failure to interpret an MRI scan, CT scan or other test results, contact our advisors for a free consultation today.
Payouts For Hospital Negligence Cases
Compensation in successful hospital negligence cases can be awarded under two different heads of claim. The first of these, known as general damages, compensates for the physical and psychological impacts of medical negligence, such as unnecessary pain and suffering. Secondly, financial losses stemming from medical negligence can be compensated under special damages, the second head of claim.
The parties tasked with calculating the potential value of general damages can make reference to the Judicial College Guidelines (JCG), alongside your medical records.
The JCG details various types of harm, providing guideline award brackets for each. We have used a few of these brackets in our compensation table below.
Compensation Table
It is important to note that the top entry was not taken from the JCG. This table has been included to offer guidance only.
| Type of Harm | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Multiple serious injuries and illness with special damages | Serious | Up to £1,000,000+ | Compensation for the impact of medical negligence, including the pain and suffering experienced as well as the financial losses caused, such as care costs, lost earnings and other financial losses. |
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Upper and lower body paralysis. Cases where the person has retained their senses, has a life expectancy of at least 25 years and is not in physical pain but needs help with bodily functions will attract an award towards the middle of this bracket. |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | Very serious disability necessitating a substantial dependence on others. This bracket can include physical disablement such as paralysis or cognitive impairments such as to the person's intellect. |
| Moderate (c)(i) | £150,110 to £219,070 | A moderate to severe intellectual deficit, sensory impairment, significant epilepsy risk and zero employment prospects. | |
| Kidney | Serious Permanent Damage or Loss (a) | £169,400 to £210,400 | Both kidneys are affected. |
| Bowels | Total Loss of Natural Function (b) | Up to £150,110 | A complete loss of natural bowel function with a dependence on colostomy. |
| Lung Disease | Lung Cancer (b) | £70,030 to £97,330 | Lung cancer, typically in an older person, that causes severe pain and functional impairment, with a substantial impact on quality of life. |
| Digestive System | Non-traumatic Injury (b)(i) | £38,430 to £52,500 | Serious acute pain, vomiting, fever and diarrhoea caused by severe toxicosis requiring hospital admission for some days or weeks. |
Special Damages
As mentioned, you could receive compensation for financial losses stemming from the avoidable harm suffered due to substandard care from a medical professional under special damages, the second of the two heads of claim. Some possible examples include:
- Lost earnings. This includes past and future earnings.
- Domestic care costs.
- Home modification costs.
- Cost of transport.
Claiming for costs under special damages will require you to submit supporting evidence. Make sure you retain copies of your payslips, invoices, receipts and other bills as proof you sustained these losses.
To get a more detailed estimate of what your potential claim could be worth, and to ask any questions regarding how medical negligence compensation is calculated, talk to our advisory team today.
Start A No Win No Fee Clinical Negligence Claim
Before you can start a hospital negligence compensation claim, you will need to get your eligibility to do so assessed by our advisors. Once our team has decided your potential claim is valid, one of our experienced medical negligence solicitors can offer you a Conditional Fee Agreement (CFA).
A CFA is a No Win No Fee contract that offers distinct benefits. Firstly, you will not be charged a fee for the solicitor to start work on your claim, in most cases. There will similarly be no fee for the solicitor’s work during the claim. Finally, if the solicitor does not win your claim, you will not be charged for the solicitor’s services.
If your hospital negligence claim settled successfully, you will receive a hospital negligence compensation payout. A success fee will be taken from this compensation by the solicitor. The percentage solicitors can charge as their success fee has a legal cap, which means you will keep the majority of any awarded compensation.
Reach out to our advisory team at any time with questions or to get a detailed consultation regarding your eligibility to begin a claim at no cost to you. Talk to our advisors today via:
- Calling 0800 652 3087.
- Completing the “Claim Online” form here.
- Use the live chat button at the bottom of your screen.
Read More About Hospital Negligence Cases
You can read some of our other medical negligence guides here:
- Learn more about starting a claim if the wrong medication was given in a hospital and how compensation for the impact of this is calculated.
- Read about who could be eligible to claim operation negligence compensation in this useful guide.
- A hospital’s failure to treat a stroke can result in serious and lasting harm. Find out more about starting a claim for the negligent treatment of a stroke here.
We have also included these external resources:
- The Care Quality Commission are the regulator for health and adult social care in England. You can read about what you can expect from a good hospital on their website.
- The NHS has published this resource on learning from medication errors across different healthcare areas.
- You may be entitled to statutory sick pay during your recovery following medical negligence. You can read more on this Government page.
Thank you for taking the time to read our guide on hospital negligence cases. To learn about starting a medical negligence claim following inadequate hospital treatment, talk to our advisory team today. Our advisors can also assess your eligibility to begin a claim for free. Get in touch today via the contact information given above.