How To Make A Hospital Negligence Claim

If you suffer an injury or contract an illness you may visit your hospital. When doing so, you put your trust in the medical staff and expect that they will uphold professional standards. Whilst in many instances this will be the case, sadly this is not always the case. The failure of doctors, nurses or other staff to meet professional standards could lead to a patient suffering avoidable or unnecessary harm. If this has happened to you or a loved one, you could make a hospital negligence claim.

In this guide you can find information on what a hospital negligence claim is and different ways in which negligence could occur. You can also find out what evidence could help to prove a compensation claim. We also explain how compensation may be calculated in the event of a successful claim. We have also included further information on the medical negligence claims process, such as how long you have to claim and whether you can do so on behalf of someone else. Finally, you can find information on how  to get help from a No Win No Fee solicitor.

To start a clinical negligence claim, please:

  • Call a member of our team on 0800 073 8801.
  • Start a claim online using our contact form.
  • Send a message using the live support chat.

A nurse is shown in the background next to a baby in hospital.

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What Is A Hospital Negligence Claim?

All medical professionals, such as doctors and nursing staff in a hospital, owe their patients a duty of care. Per this, they must meet professional standards. This may include providing a correct and timely diagnosis, the right treatment and ensuring patients have the information necessary to make informed decisions. The failure to do so may constitute a breach in their duty of care. If such a breach caused you avoidable harm, you may make a compensation claim.

Medical negligence claims must meet the following eligibility criteria:

  1. That a healhcare professional owed you a duty of care.
  2. That they were in breach of this duty of care. For instance, you may have been discharged prematurely from hospital.
  3. The breach resulted in you being avoidably harmed.

In addition to meeting the criteria outlined above, you must also begin your claim within the relevant limitation period. You will also need to provide evidence of the breach and harm suffered. We will cover both these factors later in our guide.

Contact our team to find out whether you have a valid hospital negligence claim.

What Types Of Hospital Negligence Could Lead To A Claim?

Hospitals provide a very wide range of different services. These include urgent and emergency care, elective surgery, maternity services, specialist care and routine surgery. In many cases, these services may overlap with patients moving between them. This means that there are a variety of ways in which negligent treatment could occur.

Potential types of hospital negligence may include:

Misdiagnosis Claims

Healthcare professionals have a duty of care to correctly diagnose and treat patients. Misdiagnosis occurs when the incorrect diagnosis is given to a patient, such as a doctor telling you you have a different condition to the one you have. To claim compensation, the misdiagnosis must be considered negligent. It must be shown that a doctor (or other clinical staff) failed to meet professional standards. The Bolam test may be used to assess this. Examples may include:

  • A doctor failed to listen correctly to your stroke symptoms and misdiagnosed you with Bell’s palsy. Due to not getting the correct treatment you needed you went on to suffer brain damage.
  • A radiologist failed to correctly read the result of an x-ray and misdiagnosed a patient with an ankle sprain when it was a severe fracture.

Learn more about misdiagnosis claims here.

Medication Error Claims

A hospital medication error may occur when medication is prescribed, dispensed or administered to a patient. In addition, it may include the failure to monitor a patient once given medication. Examples of a medication error may include:

  • A nurse administers the wrong dosage of a medication. Too low a dosage could lead to your symptoms continuing and even getting worse over time.
  • Staff in a hospital pharmacy dispense the wrong medication to a patient. This may lead to an adverse drug reaction.

Birth Injury Claims

Birth injuries may be sustained by either the mother or baby. They may occur before, during or after the birthing process. Examples of a birth injury may include:

  • Unnecessary or excessive force may be used during delivery by forceps. Such force could result in the baby suffering head injuries or brain damage.
  • If a caesarian section is performed negligently the mother could lead to internal injuries, such as damage to the uterus, bladder or other organs.

Medical Mistreatment Claims

Medical mistreatment covers a wide range of circumstances. The instances outlined above could be considered medical mistreatment. Further examples of this may include:

  • The failure to obtain informed consent. Prior to undergoing medical treatment, such as surgery, patients should be provided with all relevant information and alternatives so that they can make an informed choice. The failure to provide this information may mean the person does not give informed consent and may undergo surgery they could have avoided. The Bolam test case may be applicable here.
  • Hospital staff may mistreat a patient during your care, resulting in your condition getting worse.

Never Events

According to the NHS, never events are serious and preventable patient safety incidents. They may occur where a medical professional has not followed safety recommendations and guidance. Examples of never events may include:

  • Invasive surgery is carried out either on the wrong patient, or on the wrong site.
  • A member of the theatre team leaves a surgical implement inside a patient causing internal bleeding, organ damage or even paralysis after surgery.

If you have been impacted by these examples of medical malpractice or others please contact our team. You may be eligible to make a medical negligence claim.

A woman lays on a hospital bed.

How Do I Prove A Medical Negligence Claim?

As we outlined previously, you must provide sufficient evidence to show that you suffered unnecessary harm due to medical malpractice. Examples of evidence which could support a medical negligence case could include:

  • Your medical records. These should detail your original symptoms, any initial and subsequent diagnosis as well as treatment you received. They should also contain details of how you were harmed.
  • Correspondence between the hospital or healthcare professional and you.
    The details of anyone who either witnessed you receive negligent treatment or the harm it caused.

In addition, you may supply proof of related financial losses, such as lost income. This is crucial if you intend to claim for such losses. Please contact our team for more information on how to prove a hospital negligence claim.

How Much Hospital Negligence Compensation Could I Receive?

Compensation for medical negligence may be made up of two heads of claim. These are called general and special damages. General damages would be awarded in compensation for your pain and suffering.

In order to work out how much compensation you could receive, a variety of factors will be taken into account. This means that each claim must be calculated on a case-by-case basis and that we can not say how much you will receive until we have assessed your claim.

Reference may be made to the Judicial College (JC) guidelines  which contains compensation brackets for different types of harm. Row 2-9 of the table below lists some examples taken from the JC. The first row is not taken from the JC and takes account of special damages

HarmSeverityNotesCompensation
Multiple and serious forms of injury. Inclusive of special damages.Serious or severe.Compensation inclusive of special damages.Up to £1,000,000+ (inclusive of special damages)
Injuries involving paralysis(A) Tetraplegia.Various factors such as the degree of pain, life expectancy and brain damage may be taken into account.£396,140 to £493,000
Brain damage(A) Very severe.There is little to no language function or meaningful response to the environment.£344,150 to £493,000
Kidney damage(A) Permanent damage of loss.Affecting both of the kidneys.£206,730 to £256,780
Reproductive system - Female(A) Infertility due to disease or injury.With sexual dysfunction, pain, anxiety and depression.£140,210 to £207,260
Bowels(A) Loss of natural bowel function.Dependency on a colostomy. Damages may be dependent on age.Up to £183,190
Reproductive system - Male(B) Total impotence, sterility and loss of sexual function.Cases involving a young person.£140,220 to £181,020
Lung disease(A) A young person with serious disability.It is probable that the condition will get worse and lead to an early death.£122,850 to £165,860
Digestive system(A) Caused by traumatic injurySevere digestive system damage with discomfort and pain.£52,490 to £75,550
Spleen(A) Loss of the spleen.With the risk of internal infections.£25,380 to £32,090

Can I Claim For The Long Term Impact Of Hospital Negligence?

Besides general damages, you could also be awarded compensation for financial losses. This is called special damages. You may be compensated for:

  • Further medical treatment, prescription medication and other medical costs.
  • Travel costs, such as those incurred getting to medical appointments.
  • Care, either that provided in the home or in a specialist care facility.
  • Making necessary adaptations to your vehicle and/or home.

Please contact our specialist team for an assessment of what your hospital negligence claim may be worth.

Surgeons operate on a patient.

What Is The Time Limit For Making A Hospital Negligence Claim?

You must start your medical negligence claim within the applicable time limits. This is set out in the Limitation Act 1980. Unless there are exceptional circumstances, you will have three years to begin the claim. This is taken either from the date you became aware of the medical negligence or the date on which it occurred.

Please get contact our team to check whether you are within the applicable time limit.

Can I Claim On My Child’s Behalf For Hospital Negligence?

If your child was harmed due to negligent medical care you could claim on their behalf. This is because those under the age of eighteen are unable to make a claim on their own behalf.

In order to claim compensation on behalf of another person (such as a child, or person with diminished mental capacity) you will need to be appointed as a litigation friend. Parents, guardians and other adults may be suitable to become a litigation friend. You can make an application to the courts to do so.

You can contact us for more information on how to make a clinical negligence compensation claim on someone else’s behalf.

Why Claim Medical Negligence Compensation On A No Win No Fee Basis?

Whilst medical negligence solicitors are not a requirement to make a claim, we believe there are benefits to doing so. Our solicitors are experienced in helping people to make a wide variety of different claims. They could help to guide you through the process of making a claim and help you to get the best possible settlement.

In addition, they could work on a No Win No Fee basis by using a Conditional Fee Agreement (CFA). A CFA is a way for a solicitor to work on your case without the need for you to make any payments either in advance or during the claims process. Instead, you only pay if and when your claim is successful.

At this point, you will pay a success fee. This is charged as a percentage of your compensation. There is a limit (in law) on the percentage chargeable.

Get in touch with us today to learn more about how to make a hospital negligence claim.

A solicitor works on a hospital negligence claim.

More Resources About How To Make A Medical Negligence Claim

Here we have included additional helpful resources.

Further information

Thank you for reading our guide to making a hospital negligence claim. Please speak to us for further information.