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When we visit a hospital for medical treatment, we place our trust in doctors, nurses and other healthcare professionals to provide a safe and appropriate standard of care. However, if medical staff are negligent and a patient experiences avoidable harm, illness or injury as a result, this may amount to medical negligence. In such circumstances, it could be possible to make hospital negligence claims to seek compensation for the pain, suffering and financial losses caused by substandard care.
Hospital negligence claims can cover a wide range of situations, such as surgical errors, misdiagnosis, medication mistakes or poor aftercare. By pursuing a claim, patients can not only recover compensation for the impact of their injuries but also help promote higher standards of care within the healthcare system.
The medical negligence solicitors on our panel have worked for many years to secure compensation for patients who have suffered due to negligent hospital care. They understand you will have many questions about the claims process. For more information on how our team can help in medical negligence claims, get in touch now:
- Call on 0333 000 0729.
- Contact us online.
- Message us on live chat.
Jump To A Section
- ]Can I Make A Medical Negligence Claim Against A Hospital?
- ]What Are Some Examples Of Hospital Negligence Claims?
- ]How Can I Prove A Hospital Treated Me Negligently?
- ]What Compensation Can I Get For Hospital Negligence?
- ]Other Damages That Hospital Negligence Compensation Can Cover
- ]How Can A No Win No Fee Solicitor Help My Hospital Negligence Claim?
- ]Learn More
Can I Make A Medical Negligence Claim Against A Hospital?
You can make a medical negligence claim against a hospital if you suffer from avoidable harm due to any negligent actions on their part. All healthcare professionals working in a hospital have a duty of care towards their patients. A duty of care means that all healthcare professionals must follow basic standards when administering care or treatment to their patients.
Therefore, hospital negligence claims may be made if:
- A healthcare professional working at the hospital has a duty of care towards you.
- There was a breach in this duty.
- You suffered from avoidable harm or injury due to this breach.
Are you considering accepting the first compensation offer from a hospital? Speak to our advisory team now for more guidance.
What Are Some Examples Of Hospital Negligence Claims?
Some examples of hospital negligence claims include misdiagnosis or delayed diagnosis, surgical errors, hospital-acquired infections and birth injuries. We will elaborate on these examples to explain how they could lead to hospital negligence claims:
Misdiagnosis/ Delayed Diagnosis
A medical misdiagnosis may occur if a doctor misinterprets your symptoms to be related to another disease. This could lead to you receiving the wrong or unnecessary treatment, delaying the treatment you actually require.
On the other hand, if a medical professional fails to follow up or act on obvious symptoms, this could lead to unnecessary delays and the progression of the disease.
Let us understand the above instances with the help of some examples:
- You are referred for a chest X-ray, the results of which show that you’re suffering from lung cancer. However, the specialist misinterprets the result as a chest infection and prescribes you some medicines. This misdiagnosis causes your lung cancer to remain untreated until a later stage.
- At a GP appointment, you report symptoms like heavy bleeding and pain during menstruation. However, your GP doesn’t order any follow-up tests and dismisses your symptoms as not concerning. This causes an unnecessary delay in your cervical cancer to be diagnosed until it advances.
Not every misdiagnosis means a doctor has been negligent. Sometimes, even with reasonable care, a condition can be difficult to identify. However, a doctor may be considered negligent if the misdiagnosis results from substandard care; for example, failing to perform the appropriate tests or ignoring symptoms. If this leads to avoidable harm or causes a condition to worsen, it may be possible to make a hospital negligence claim for the suffering and losses that result.
Surgical Errors
A surgical error can occur at any stage of a surgery and may include unnecessary surgeries, incorrect procedures, or a retained foreign body in the patient. This can also include a lack of post-operative care.
For example: During an abdominal operation, a surgeon accidentally leaves a surgical instrument inside the patient. This error goes unnoticed, leading to severe pain, infection and the need for further surgery to remove the object.
Hospital-Acquired Infections
A patient admitted to the hospital may acquire infections due to unsterilised tools or unhygienic practices.
For Example: Due to a room not being cleaned for a long period of time, a patient acquires an infection, leading to extended hospital admission.
Birth Injuries
Birth injuries can occur to both mother and child if proper care isn’t taken during delivery.
For example: During a difficult delivery, an obstetrician uses excessive force with forceps, causing damage to the baby’s shoulder nerves. This results in Erb’s Palsy, leading to weakness and restricted movement in the affected arm.
Call our team now to discuss some more examples of medical negligence.
How Can I Prove A Hospital Treated Me Negligently?
You can prove that a hospital treated you negligently by collecting supporting evidence to prove their liability and the extent of harm. Some examples of the evidence include:
- Consultation notes, test results, A&E summaries and prescription history to get an overall history of hospital admission.
- Contact details for loved ones, hospital staff, and others who could supply your solicitor with a witness statement.
- An expert medical opinion from an independent doctor to verify that the hospital was responsible for any worsening symptoms due to delay or misdiagnosis.
- Copies of letters or emails to the hospital, if a complaint was made.
- Diary entries or photographs to describe your symptoms.
Get in touch with our advisory team now for more information on proving medical negligence in hospital negligence claims.
What Compensation Can I Get For Hospital Negligence?
The compensation you can get for hospital negligence depends on the extent of the harm you’ve suffered, which may include your overall suffering and financial costs. The compensation for your suffering, both physical and mental, falls under general damages, which is usually calculated using the Judicial College guidelines (JCG). These guidelines provide an exhaustive list of illnesses, along with the potential compensation brackets that may apply.
You can refer to the table below for potential JCG figures, excluding the first row. Please be aware that this table is for guidance only.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | This bracket covers multiple injuries and the related financial losses, such as private healthcare, physiotherapy and loss of income. | Up to £500,000+ |
| Paralysis- Paraplegia | The amount would depend on the person's age, life expectancy and the extent of pain. | £267,340 to £346,890 |
| Kidney Injuries (a) | One or both the kidneys are seriously damaged or completely lost. | £206,730 to £256,780 |
| Bladder Injuries- Double Incontinence | Along with complete loss of urinary control and function, there are other medical complications and loss of natural bowel function. | Up to £224,790 |
| Female Reproductive System- Severity (a) | The person suffers from infertility, sexual dysfunction, pain and distress. | £140,210 to £207,260 |
| Bowel Injuries- Severe (b) | This bracket considers the person's age, along with dependence on colostomy and there is complete loss of function. | Up to £183,190 |
| Male Reproductive System- Severity (c) | There is likely to be permanent impotence or sexual dysfunction in a person who has children or wasn't likely to have them anyway. | £52,490 to £108,310 |
| Injuries Affecting Sight- Total Loss of Sight in One Eye | There is complete loss of vision in one eye. | £60,130 to £66,920 |
| Chest Injuries- Severe (c) | There is damage to the lungs and chest, which causes significant disability. | £38,210 to £66,920 |
| Spleen Injury- Severe (a) | Due to the loss of spleen, the immune system is damaged and there is a continuing risk of internal infections. | £25,380 to £32,090 |
Thinking of suing the NHS? Check out our list of NHS medical negligence payouts for more information.
Other Damages That Hospital Negligence Compensation Can Cover
Hospital negligence compensation may also cover special damages, the head dealing with the financial costs arising out of the harm you suffered. Some examples of this include:
- Private healthcare costs to mitigate infections or illnesses caused by hospital staff’s negligence.
- Professional care or other services to assist in the daily routine.
- Disability adjustments to your vehicle or home.
- Physical aids, such as wheelchairs.
- Loss of earnings due to an inability to work, whether temporary or permanent.
Reach out to a member of our team now for more information on special damages in hospital negligence claims.
How Can A No Win No Fee Solicitor Help My Hospital Negligence Claim?
A No Win No Fee solicitor can help your hospital negligence claim by offering their services through a Conditional Fee Agreement (CFA), which is cost-effective. Under this arrangement, a No Win No Fee solicitor from our panel will work on your medical negligence claim:
- Without any ongoing or upfront charges for their work.
- With no fees for their work, if you lose your claim.
- Only a small percentage of your hospital negligence compensation, if you win. This percentage has a legal limit to ensure protection for a major part of your medical negligence compensation.
Additionally, the medical negligence solicitors on our panel can help in hospital negligence claims by:
- Arranging an independent expert to assess your case and provide detailed medical evidence.
- Gathering evidence and looking through witness statements.
- Assisting in drafting a complaint letter to the hospital.
- Calculating your potential medical negligence compensation.
- Negotiating with the hospital for your compensation.
- Handling all official communication with the NHS, if required.
- Ensuring that the hospital negligence claim is started on time.
- Preparing all relevant documents in case of litigation.
Contact Legal Helpline
Contact our team now for more information on the services our panel of solicitors provides:
- Call on 0333 000 0729.
- Contact us online.
- Message us on live chat.
Learn More
Here are some of our other guides which may help:
- Information on paramedic negligence claims.
- Details on claiming for pulmonary embolism negligence.
- Our guide on applying the Bolam test.
Check out some external links for more information:
- Guidance on complaining about NHS services.
- Information on the General Medical Council (GMC) professional standards.
- Details on complaining about a service provider to the Care Quality Commission (CQC).
