Our guide explores when you could claim compensation for medical negligence in a private hospital as well as the steps you can take to do so. Medical professionals owe a duty of care to their patients. If this duty is breached, causing you avoidable harm, this could constitute medical negligence.
As we move through our guide, we look further at the duty of care medical professionals owe and discuss the ways you could be affected if this duty is breached leading to poor care in a hospital. You can also find information on how medical negligence compensation is calculated to address the impacts of the negligent care you experienced.
If you have valid grounds to pursue compensation, you could benefit from instructing one of our expert solicitors who have experience handling medical negligence claims. Later in our guide, we discuss how they could assist you and the No Win No Fee terms they could offer to help you avoid paying upfront or ongoing costs for their work.
If you have any questions about hospital negligence claims, please reach out to our advisors. They can offer free advice and help you understand your next steps. To get in touch, you can:
- Call 0800 652 3087.
- Ask about making a claim online through our website.
- Talk to an advisor through live chat in the tab below.
Select A Section
- When Could I Be Eligible To Claim For Hospital Negligence?
- Examples Of Claims Against Private Hospitals For Medical Negligence
- What Impact Could Medical Negligence In A Private Hospital Have?
- What Could You Claim For Medical Negligence In A Private Hospital?
- How Could A No Win No Fee Solicitor Help With A Medical Negligence Claim?
- Further Guidance On Private Hospital Negligence Claims
When Could I Be Eligible To Claim For Hospital Negligence?
As mentioned, public and private healthcare providers, as well as the medical professionals working there, owe a duty of care to the patients they agree to treat. This involves providing care that meets the correct standard. A failure to do so could potentially result in a patient suffering harm that could have otherwise been avoided. This could be an instance of medical or clinical negligence.
As such, in order to begin a claim for medical negligence in a private hospital, you need to prove:
- A medical or healthcare professional owed you a duty of care.
- They breached this duty by failing to provide the correct standard of care.
- The breach caused you to suffer avoidable harm.
Get in touch with an advisor from our team for further guidance about your eligibility to claim. They can carry out an assessment of your case free of charge and help you understand if you have valid grounds to pursue private hospital negligence compensation.
Examples Of Claims Against Private Hospitals For Medical Negligence
Below, we have provided examples of hospital negligence cases resulting from poor care and negligent treatment.
- Medication errors. This could include a doctor prescribing the wrong medication in a hospital or a nurse administering the wrong dosage of medication to a patient. Medication errors such as these could lead to organ damage affecting the kidney, bowels, and brain.
- A misdiagnosis or delayed diagnosis. For example, your test results may be mixed up with another patient’s leading you to receive the incorrect diagnosis and wrong treatment. The correct diagnosis may therefore be delayed.
- Birth injuries. A mother or baby could suffer birth injuries. For example, a midwife may fail to monitor the baby’s oxygen levels during labor, causing them to develop cerebral palsy. Alternatively, the midwife may use unnecessary excessive force causing the mother to suffer pelvic fractures.
- Bed sores in a hospital could occur if a patient with poor mobility isn’t turned regularly. Furthermore, if the bed sores aren’t cleaned or checked regularly, they could become infected.
- Surgical errors. For example, a surgeon may operate on the wrong limb resulting in you needing further unnecessary surgery for the correct limb. Wrong site surgery is known as a never event.
Please note that not all instances of poor care in a hospital will mean you are eligible to make a private hospital negligence claim. You need to prove that you suffered avoidable harm as a result of a medical professional providing substandard care.
To discuss your specific case and find out whether you could claim for medical negligence in a private hospital, please call our team on the number above.
What Impact Could Medical Negligence In A Private Hospital Have?
There are several ways you could be impacted if medical negligence in a private hospital were to occur. For example, you could be impacted physically, experiencing pain and suffering in the form of organ damage, scarring, or infection. You could also experience a psychological impact, such as depression and anxiety.
Furthermore, you could experience financial loss due to medical negligence in the form of lost earnings from having to take time off work, as well as care costs for help at home, and the cost of home adaptations if the negligent care has had a permanent effect.
If you are eligible, you could receive compensation to address the different ways medical negligence has affected you and your life. Call our team to find out more, or read on to find out how settlements awarded in successful private hospital compensation claims are calculated.
What Could You Claim For Medical Negligence In A Private Hospital?
You will receive compensation if your claim for medical negligence in a private hospital is successful. The settlement awarded could include up to two heads of loss.
Firstly, general damages compensate for the pain and suffering, both physical and/or psychological, caused by medical negligence. Several resources can help those valuing this head of your hospital negligence compensation payout, including a report from an independent medical assessment.
You may need to attend this appointment as part of the claims process. The report produced can offer a detailed insight into the way you have been affected and will continue to be affected in the future.
Additionally, reference can be made to the Judicial College Guidelines (JCG). This document features a range of guideline award brackets for different kinds of harm.
Compensation Table
The table below contains figures from the JCG, except for the first entry. The outcome of medical negligence cases will influence the payout awarded. As such, this table should only act as a guide.
| HARM TYPE | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious Injuries And Illnesses Alongside Special Damages | Serious | Up to £1,000,000+ | Compensation for the physical and mental impacts of multiple serious illnesses and injuries plus financial losses including care costs, travel costs, and a loss of earnings. |
| Brain | Very Severe | £282,010 to £403,990 | This bracket includes quadriplegic cerebral palsy causing disabilities of a severe nature which are either cognitive or physical. |
| Moderately Severe | £219,070 to £282,010 | The person has a very serious disability which is either physical or cognitive resulting in the person requiring constant care and having substantial dependence on others. | |
| Kidney | Serious and permanent damage or loss | £169,400 to £210,400 | Both kidneys are affected. |
| Bowels | Cases Involving Double Incontinence | Up to £184,200 | Natural bowel function is completely lost, as is urinary function and control. There are also further medical complications. |
| Bladder | Serious | £63,980 to £79,930 | Control is seriously impaired and there is some pain and incontinence. |
| Spleen | Loss of spleen | £20,800 to £26,290 | There is an ongoing risk of internal infection and other disorders because of damage to the immune system. |
Can I Claim For The Financial Impact Of Medical Negligence?
Special damages, the second head of loss, compensate for the financial losses incurred due to medical negligence. Examples of the costs for which you could potentially seek reimbursement include:
- Medical bills, such as prescription costs.
- Domestic care costs.
- Travel expenses.
- Home adaptations or mobility aids.
- Lost earnings from being unable to work.
Call the number above if you would like to learn more about the compensation you could receive for medical negligence in a private hospital after successfully claiming. An advisor could offer a free valuation of your potential claim.
How Could A No Win No Fee Solicitor Help With A Medical Negligence Claim?
Our expert panel of solicitors have accumulated years of experience in handling hospital negligence claims, including those made against private hospitals. Should you have an eligible claim, they could offer you a Conditional Fee Agreement, which is a type of No Win No Fee deal.
The terms of this agreement mean the solicitor will not request any upfront or running fees for their work. You also do not pay for the work they did if the case fails.
Winning a claim means you receive compensation, and a percentage of what you receive will go to your solicitor. This is known as a success fee. The Conditional Fee Agreements Order 2013 sets out a strict cap for the percentage a solicitor can take, ensuring you receive the majority of your settlement.
Contact Us
If you have any more questions about seeking hospital negligence compensation, you can also call an advisor for a free consultation. After reviewing your potential claim and seeing if it has a reasonable chance of success, an advisor could connect you with one of the expert and knowledgeable medical negligence solicitors off our panel.
To get in touch, you can:
- Call 0800 652 3087.
- Write to us about your claim online so we can contact you.
- Open the live chat pop-up feature on this page.
Further Guidance On Private Hospital Negligence Claims
For further medical negligence claims guides, see below:
- If an operation has gone wrong and caused you avoidable pain, this guide explains how to claim.
- We outline how to prove a hospital negligence claim and the importance of relevant evidence.
- Our orthopaedic surgery negligence guide takes a closer look at hospital negligence affecting the wrist, knee, and other parts of the body.
You could also get further insight from these resources:
- The General Medical Council outlines its ethical guidance of good medical practice for doctors.
- Information from the British Medical Association on accessing medical records from a private or public practice.
- Government guidance on claiming Statutory Sick Pay if you miss work through illness or injury.
Thank you for reading our guide to claiming for medical negligence in a private hospital. Please call the above phone number to learn more or discuss your potential compensation claim.