In this guide, we discuss examples of hospital negligence and when you could be eligible to begin a medical negligence claim following substandard care in a hospital that left you with avoidable harm. We also discuss the hospital negligence claims time limits that must be adhered to when starting legal proceedings.
Then, we look at different ways in which a medical professional could breach their duty of care and, thus, cause you to suffer harm that could have been avoided in a hospital setting.
Towards the end of this guide, we explain how medical negligence compensation is calculated and look at what settlements awarded for successful claims can comprise.
Alternatively, you can get in touch with us to discuss your particular hospital negligence case and find out whether you’re eligible to proceed with your potential claim. We can offer advice for free and answer any questions you might have.
To get in touch, you can:
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- How We Can Help With Hospital Negligence Claims
- Who Could Claim Compensation For Hospital Negligence?
- Examples Of Hospital Negligence Causing Infection
- Negligent Treatment In An Accident And Emergency Department
- Examples Of Hospital Negligence Claims Settlements
- Start A No Win No Fee Claim For Hospital Negligence
- Other Examples Of Hospital Negligence Claims Resources
If you contact us, we can help you by assessing your case. This case assessment is completely free and carries no obligation to continue with us. After hearing about the details of your circumstances, we can see whether your hospital negligence claim is eligible or not.
If your claim is eligible, we can connect you with an experienced medical negligence solicitor from our panel who can offer their services, represent your case, and give you legal expertise. Additionally, they can:
- Help evaluate the potential value of your compensation.
- Send correspondence on your behalf.
- Ensure your claim starts within the relevant time limits.
- Assist you with proving medical negligence by collecting evidence to strengthen your case.
Types of evidence that our panel of solicitors can help you gather include copies of your medical records, such as blood test results, diagnosis letters, and hospital reports. They could also gather witness statements using the contact details of anyone who attended your appointments with you.
Additionally, they could arrange for you to attend an independent medical assessment to get a more detailed insight into the harm you suffered due to negligent medical treatment in a hospital. The report produced from this appointment could also be used as evidence to substantiate your case.
For more information about how our expert panel of hospital negligence solicitors could help you with your potential medical negligence claim, please contact us on the number above.
All medical professionals in a hospital owe their patients a duty of care. Their duty of care requires delivering the correct standard of care. Medical negligence occurs when this duty of care is breached and you suffer avoidable or unnecessary harm as a result.
As such, for medical negligence claims to be valid, they must meet the following eligibility criteria:
- A medical professional owed you a duty of care.
- This duty of care was breached.
- Because this duty of care was breached, you suffered harm that was avoidable or unnecessary.
Are There Time Limits For Hospital Negligence?
When you make a hospital negligence claim, there are time limits that must be adhered to in addition to meeting the criteria listed above.
The time limit you have to begin making a medical negligence claim is typically 3 years. These 3 years can begin from either the date medical negligence occurred or from the date that you had an awareness that medical negligence occurred. The Limitation Act 1980 sets out this limitation period.
There are only a couple of exceptions to this time limit. For example, if the claimant lacks the mental capacity to make a claim themselves or if the claimant is under 18 years old, the time limit can differ.
If you have any questions about the medical negligence claims time limit or its exceptions, please contact us using the number above. We can also provide further guidance on your eligibility to begin seeking compensation for the pain and suffering you experienced due to medical negligence.
Hospital infections can be life threatening. Examples can include those developed following surgery or an MRSA infection caused by hospital staff failing to follow the correct hygiene protocols put in place by the hospital.
Potential examples of medical negligence that could cause you to acquire an infection in a hospital include:
- You may have been in hospital with poor mobility leading to bed sores on your leg. The nurse in charge of your care may have failed to regularly change any dressings on your wounds. As a result, you may have developed sepsis from bed sores leading to you requiring surgical amputation of your leg.
- You may have received an incorrect diagnosis of a post-surgical infection leading to delayed treatment. As a result, you experienced severe complications, such as multiple organ failure.
MRSA is a harmless bacteria that lives on your skin. However, a serious infection could form if this bacteria gets into your body.
Examples of how an MRSA infection could develop include through poor hygiene standards and surgical errors. For example, a surgeon may have failed to sanitise the surgical instruments being used for your breast implant operation. As a result, an MRSA infection develops due to unhygienic practices.
However, not all hospital treatment resulting in infection will form the basis of a valid medical negligence claim. You must be able to prove that a medical professional breached their duty of care and caused you avoidable harm as a result.
If you have evidence that you contracted an infection in a hospital setting due to negligent medical care, please get in touch with us today.
Examples of hospital negligence that could happen in an accident and emergency department may include:
- Medication errors. Not checking the patient’s complete medical history and giving the wrong medication. For example, they could be given antibiotics that contain an allergen, such as penicillin. Despite the allergen being on their medical records, the A&E nurse prescribes it anyway. As a result of receiving the wrong medication, the patient experiences anaphylaxis.
- Carrying out an X-ray wrong. For example, a medical professional interprets the results of an X-ray wrong, diagnosing you with a sprain instead of a fracture. Your condition, therefore, becomes worse due to medical misdiagnosis.
If you have evidence that you suffered medical negligence in an accident and emergency department, please contact us today.
The amount of compensation that could be awarded for successful hospital negligence claims is dependent on each individual case. As such, it’s difficult to provide specific examples of how much compensation you could be awarded after a successful claim.
However, there are up to two heads of claim which could be awarded if your case has a successful outcome. These are called general and special damages.
General damages are awarded for the physical and psychological pain and suffering caused by medical negligence.
When the value of general damages is being determined, your medical reports can be looked at alongside the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets that accompany varying types of physical and psychological harm at different levels of severity.
The table below contains figures from the JCG, except for the first entry. You should use the table as a guide only as the figures are not guaranteed examples of hospital negligence settlements.
|Compensation Brackets - Guidelines
|Multiple serious injuries or illnesses plus financial losses
|Up to £1,000,000+
|Compensation for the physical and mental effects of medical negligence alongside any financial losses incurred as a result, such as care costs, lost income, and medical expenses.
|£282,010 to £403,990
|Full-time nursing care is required.
|Amputation (a) (i)
|£240,790 to £282,010
|Cases where there is a loss of both legs above the knee.
|Amputation (a) (iii)
|£104,830 to £137,470
|Loss of one leg above the knee.
|Loss or serious and permanent damage (a)
|£169,400 to £210,400
|Affect on both kidneys.
|Up to £63,980
|Significant future risk of either a urinary tract infection or a complete loss of kidney function.
|Double incontinence (a)
|Up to £184,200
|A complete loss of natural bowel function as well as a complete loss of urinary function and control with other medical complications.
|Removal of one lung or serious heart damage (a)
|£100,670 to £150,110
|There will be significant permanent scarring and prolonged and serious pain and suffering.
|Damage to the lung(s) and chest (c)
|£31,310 to £54,830
|Leading to some disability that is continuing.
|£63,980 to £79,930
|Control is seriously impaired with some pain and incontinence.
Special damages are awarded for the financial losses caused by medical negligence. For example:
- Lost wages if you need to miss work to recover.
- Medical bills, such as for prescriptions.
- Home adaptation costs, like wheelchair ramps.
Please keep hold of your receipts, bank statements, invoices, and payslips that you can use as proof of any financial losses incurred due to receiving negligent care in a hospital.
Contact us today to learn more about what impacts you could be compensated for if your hospital negligence claim succeeds.
You can start a hospital negligence claim with one of our specialist medical negligence solicitors on a No Win No Fee basis if we deem that your claim is eligible. They can offer you a Conditional Fee Agreement (CFA).
It is beneficial to be represented under a CFA because you do not pay any charges for your solicitor’s work throughout the claims process. This includes before the process begins and at the end if your claim is unsuccessful.
Your solicitor will take a success fee out of your compensation instead if your claim is successful. Success fees are a percentage of your compensation. The law sets a limit to the maximum percentage that can be taken to ensure claimants are awarded the majority of their compensation award.
Talk to us today for more guidance on examples of medical negligence that you could claim for. Alternatively, we can assess your specific hospital negligence case and determine whether you’re eligible to claim for negligent care in a hospital that led to you suffering avoidable harm.
We can give you advice, support, and answer any questions you have about your case. To get in touch, you can:
- Call 0161 696 9685.
- Send a message in our live support box.
- Contact us by sending your information on this form.
Here are some of our other guides at related to hospital negligence claims:
- Read this guide if you are claiming on behalf of someone who has died from hospital negligence and how fatal accident compensation is calculated.
- See whether you can claim compensation if your cancer was misdiagnosed and you are suffering avoidable harm from this.
- Find out what the Bolam Test is and whether it will apply to your hospital negligence claim.
Here are some useful external resources:
- General Medical Council (GMC) – A guide for patients about what you should expect from your doctor when they are caring for you.
- Royal College of Nursing (RCN) – An overview of a nurse’s duty of care.
- GOV.UK – Find out whether you can receive Statutory Sick Pay (SSP) if you have needed time off work.
Thank you for reading our guide, looking at examples of hospital negligence and whether you may have an eligible medical negligence claim. Please don’t hesitate to ask us any questions you may still have. To potentially begin the process of claiming compensation for if you are suffering due to negligent medical care, please get in touch with us using the details above.