Whiston Hospital Medical Negligence Claims Guide – How To Claim Compensation Against Whiston Hospital? – Calculate Amounts Payouts

Whiston Hospital Compensation Payouts Guide

Whiston Hospital Compensation Payouts Guide

By Danielle Parsons. Last Updated 5th April 2023. Whether you’ve suffered negligence at Whiston hospital emergency department or your child has been misdiagnosed at the children’s A&E Whiston hospital, you might be interested to know about some of the Whiston hospital compensation payouts that have occurred in the past. Within this guide, we look at some Whiston hospital compensation amounts, as well as talking about how a personal injury solicitor could help you make a personal injury claim for NHS medical negligence cases at Whiston hospital.

Any hospital has a duty to care for its patients, visitors and staff, and if they fail in their duty, then the injured party could look into making a personal injury claim. A good personal injury solicitor could help to build a solid claim for compensation and could show you how to sue Whiston hospital, taking the stress from your shoulders and allowing you to recover from your injuries. Simply call Medical Negligence Assist for more information on anything contained within this guide. We could also connect you to our panel of medical negligence solicitors who are based in the Merseyside area and could help you to make a claim.

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A Guide To Whiston Hospital Medical Negligence Claims

In the below sections, we will aim to cover all that you may need to know about making an NHS medical negligence claim against Whiston hospital if you have suffered a negligent misdiagnosis that has led to your condition worsening. This guide will also discuss if you have suffered Whiston hospital neglect that has led to you developing a new condition or making an ongoing one unnecessarily worse and how you could potentially make a claim. We’ll also show how a no win no fee medical negligence solicitor would go about helping you make a personal injury claim.

Choosing a medical negligence lawyer with care could have a positive effect on your Whiston hospital compensation payout. This is because they could use their extensive experience to fight for the maximum compensation for your claim. They could also help you decipher what the medical negligence claims time limit is for your case. In many cases, the limit is 3 years exactly from the date of the negligent action, whereas with others, if the negligence is not discovered straight away, it could be 3 years from the discovery date. However, there are some exceptions to this rule, so we suggest that you contact one of our expert legal advisors to discuss your circumstances.

What Is Meant By Medical Negligence?

Medical negligence could cover any act of negligence by a healthcare professional that leads to you suffering unnecessarily, whether this is by making an illness or injury worse or by inflicting a new illness or injury. Your hospital has a duty of care towards you while you are with them, and if they do not live up to a reasonable standard of care and your health suffers as a result, this could be classed as medical negligence or clinical malpractice.

Hospital Medical Negligence

There are a wide variety of different types of hospital negligence you could suffer:

Surgical negligence – Unfortunately, there are many ways in which you can fall prey to surgical negligence,  for example, a surgeon could operate on the wrong part of the body,  leave instruments inside you, or make a mistake in the surgery that leads to you requiring further surgery or treatment to correct it. Your anaesthesia may not be monitored correctly, or given at the right dosage. If you believe that you have been a victim of surgical negligence in Whiston hospital please contact one of our legal advisors for more information.

Birth injury – If the medical staff who are overseeing your labour are negligent, then you could suffer injury, but so could your baby. Whether incorrect birthing tools are used, monitoring is not sufficient to spot signs of distress, or a caesarian section is not done in a timely manner, and you or your baby are harmed, this could lead to Whiston hospital compensation payouts.

Misdiagnosis – If you have suffered a misdiagnosis, a missed diagnosis or a late diagnosis, this could cause an illness to become worse. If this is due to negligence on behalf of a hospital doctor, whether in accident and emergency, as an outpatient or on a ward, then you could consider making a medical negligence claim.

These are just a few examples of what could lead to Whiston hospital compensation payouts. If your case does not appear here, then do call our team – we’d be happy to talk to you about a potential claim.

Amounts Of Compensation Paid Out By St Helens & Knowsley Teaching Hospital Trusts

Whiston Hospital is run by St Helens and Knowsley Teaching Hospital Trusts, therefore we have provided you with the compensation statistics for this area. We have obtained this data from the NHS factsheet.

Damages/ yearValue of paymentsName of hospital or NHS TrustNo. successful claims made against hospital/ trust
2017/18£9,888,267.89St Helens and Knowsley Teaching Hospitals NHS Trust69
2016/17£4.951.702.86St Helens and Knowsley Teaching Hospitals NHS Trust86

Case Study – £175,000 Compensation Payout After Botched Surgery

Here, we take a look at one of the Whiston hospital compensation payouts. This concerns a case of botched surgery. Please note that Whiston hospital compensation amounts differ between cases, as no two cases could be considered exactly the same.

In this case, an injured rugby player had broken his leg and sprained above the left foot. He underwent 2 operations at Whiston hospital, and both failed to repair the fracture. According to the lawyers who led this case, the screw that held the broken bones together was taken out too early. Sadly, it was claimed that the rugby player, in his 20s at the time, was left with a painful condition called osteoarthritis. This left him unable to walk or stand for a long time. He was also in need of painkillers, as well as having to give up playing rugby.

Initially, the surgery that went ahead to repair the ankle left the claimant with damage to the nerves in his calf according to his legal representatives. The screw was also said to be too long and inserted inappropriately, claimed the lawyers. Whilst a second operation was carried out in order to line the bones up, a third was also required to remove the screw. However, the legal representative for the claimant said that an x-ray wasn’t given before this screw was removed, and this meant that it was removed too early.

Once home, the claimant developed painful swelling to the foot. It also went numb. The patient now has difficulty climbing stairs and will also require further surgery in order to fuse the ankle again – a procedure that will likely need to be completed within 6 years.

While the NHS only accepted partial liability for the claim, the Whiston hospital compensation amount for his claim came to £175,000.

Case details taken from: https://www.liverpoolecho.co.uk/news/liverpool-news/rugby-players-175000-payout-botched-11266611

Hospital Medical Negligence – Time Limits

If you have evidence that hospital medical negligence caused you to suffer unnecessary harm and would like to claim, you must start legal proceedings within the time limit. The Limitation Act 1980 sets this as typically three years from the date that you suffered unnecessary harm or the date that your suffering was connected to medical negligence. For example, if you suffered due to a misdiagnosis, you may have three years after the correct diagnosis to begin proceedings.

However, in circumstances where the claimant cannot start proceedings themselves, the time limit is suspended. In these circumstances, a litigation friend could be appointed to start proceedings on behalf of the claimant. The litigation friend can begin the legal process at any point during the suspension.

Parties that cannot start their own claim include:

  • The time limit is paused until their 18th birthday. From here, they have three years to start proceedings.
  • Those who lack the mental capacity to pursue their own claim. The limitation period is indefinitely suspended. If they regain their capacity, they will have three years from that date to begin proceedings.

Should you have proof that you suffered unnecessary harm due to negligence at Whiston Hospital, call our advisors for free advice about what steps you could take next.

How To Start A Medical Negligence Claim Against The Whiston Hospital

Finding the right personal injury solicitor to claim for Whiston hospital compensation payouts needs to be a process that is done with care. The most appropriate lawyer could be one who has relevant experience in medical negligence cases, and who has a proven track record in successfully securing medical negligence compensation.

You might take a look at recommendations given by family and friends, but it could be wise to consider that their claim could be very different from yours. For example, if they had been in a car accident and made a claim, they might have used a personal injury lawyer specialising in road traffic accident claims. A lawyer experienced in medical negligence law would more than likely be more useful in a case against Whiston hospital, rather than someone who focused much of their time on car accident liability.

Another way to find a medical negligence lawyer to secure Whiston Hospital compensation payouts could be to find online reviews for them. However, we advise that you use independent review sites, rather than the marketing content that the personal injury lawyer has on their own website, so you know what you are reading is as accurate as possible.

The next thing to consider when searching for a lawyer to help with hospital compensation payouts could be the fee structure they work to. Here at Medical Negligence Assist, we advise claimants to consider no win no fee services, as this way they could reduce financial risk. We look at this in more detail below.

Evidence that you have suffered harm as a result of medical negligence will play a crucial factor in whether you are eligible to make a claim or not as you need to prove that your injuries were as a result of the negligent act or omission. You may wish to write down your version of events, so that you could provide this to the lawyer, along with any photographic evidence or witness details for those that have seen what has happened to you. In addition, you might wish to go ahead and gather up any receipts or proof of financial costs you’ve faced because of the medical negligence that you have received. These could be added to your Whiston hospital compensation claim. A letter from your employer confirming the sick pay scheme if you have had to have time off work, and some payslips will prove useful to claim losses of earnings. Additionally, if you have needed to pay for medication/mobility aids or any medical costs because of the negligence, then keeping copies of any receipts pertaining to these will be really helpful.

In addition to all this, you will be required to see an independent doctor. You might not really wish to do this if you’ve been the victim of medical negligence, but it could prove vital in proving your claim.

Medical Experts In Your Local Area

When you are required to see a local independent medical professional, you might worry that you would have to travel a long way away from home. This is not necessarily the case. There are plenty of independent medical experts spread across the UK. We work with a panel of doctors located in Merseyside and close to Whiston. One of which you will see below;

Andrew Hubbert

41 Woolfall Heath Avenue


L36 3TH

No Win No Fee Hospital Negligence Claims Against Whiston Hospital

We touched on how to reduce financial risk by making a no win no fee claim earlier. Here, we explain how this works. By finding a solicitor that works to this method you would be able to begin your claim for Whiston hospital compensation payouts immediately. This is because the legal fees would be settled out of your compensation payout. They are worked out prior to the case being accepted as a percentage of the eventual settlement, whatever that may be. While a personal injury claims calculator could give you a rough idea of the settlement figure, it is wise to understand that the actual payout could be higher or lower depending on the specifics of your case. One of the major benefits of a no win no fee agreement is that if you have a valid claim that is unsuccessful, you will not need to pay for your solicitor’s fee.

If you would like to know more about the average percentage for legal fees concerning Whiston hospital compensation payouts or want to know more about how no win no fee could benefit you, you could always get in touch with our team using the contact information found in this guide.

Talk To Medical Negligence Assist

Whatever aspect of Whiston hospital compensation payouts you’d like to discuss with us, you’ll find us ready to listen and advise you as best we can. We have years of experience helping people in your position, and as a completely free helpline, we offer no-obligation advice that you could trust to be accurate. We pride ourselves on being transparent with callers – if we feel that your case would no be likely to lead to a successful claim, we will be sure to tell you. We do not wish to waste your time on something that would have very little chance of success. Simply call the Medical Negligence Assist team on 0800 652 3087 today and you’ll be connected to someone who is ready to advise you. Alternatively, you could complete the contact form on this page.


If you would like more information on medical negligence claims, the links below could offer some useful information.

CQC information concerning Whiston Hospital – This page leads you to the Care Quality Commission’s information on Whiston Hospital. It should detail their findings and useful information on the hospital that you might wish to take a look at.

CQC – St Helens and Knowsley Teaching Hospitals NHS Trust – This link leads you to the CQC page on the trust that oversees Whiston hospital. It offers ratings for the trust, along with relevant information concerning the hospitals under the trust.

Find resources below to learn more about hospital negligence claims.