Hospital Negligence Claims

What is a hospital negligence claim?

Hospitals are large and busy places, and unfortunately things can sometimes go wrong. But what is classed as hospital negligence?

Some of the most common examples include:

• Anaesthetic problems
  When anaesthesia is not administered correctly, patients may still feel the pain and discomfort of the procedure they’re undergoing – this is known as ‘anaesthesia awareness’, and it can be extremely traumatic. If this happened to you, you could have a claim.
• Birth injuries
  Pregnancy and childbirth should be exciting times for parents. But when mistakes are made in the delivery room, the consequences can be devastating. If you or your child were injured, our hospital negligence lawyers can help you work out your next steps.
• Hospital infections
  Thankfully, the rate of hospital infections has declined as most hospitals implement strict hygiene standards. But infections like MRSA still occur. If you became infected with a ‘superbug’ like MRSA while in hospital, you may have grounds to claim.
• Misdiagnosis or delayed diagnosis
  When a diagnosis is delayed or inaccurate, it can impact the effectiveness of treatment. This is especially relevant in cases involving aggressive diseases like cancer. If you were misdiagnosed or your diagnosis was delayed, you could be owed compensation.
• Surgical errors
  Most surgeries come with some risk, which should be discussed with you before your operation. But if your surgeon acted negligently and you were injured as a result, you could take legal action.

Even if none of the examples listed above apply to you, our hospital negligence solicitors may still be able to help.

Get in touch with our expert team for a free initial chat. We’ll ask a few straightforward questions about your situation and let you know if you could have a case for compensation.

Can I make a hospital negligence claim?

If you experienced hospital negligence in the last three years, you may be able to make a claim against the hospital or trust responsible for your care.

But to do this, you’ll firstly need to prove that the hospital failed in their duty of care towards you, and that this directly led to your injury or illness.

Your solicitor will help you gather evidence – including medical records, witness accounts and your own written statement – to support your claim. So you won’t need to do this alone.

The process for making a claim will differ slightly depending on whether you’re claiming against an NHS or private hospital. But in both cases, our solicitors will be able to support you on a No Win No Fee basis. This means there will be no financial risk to you.

Hospital negligence claim FAQs

How much hospital negligence compensation can I claim?

Hospital negligence payouts will vary depending on the situation. Your solicitor will look at the extent of your pain and suffering, as well as how your injury or illness is likely to affect you in future before valuing your claim.

If your case is successful, your compensation will be split into two sections: general damages and special damages.

General damages* will consider the pain you’ve experienced – both physically and emotionally – as a result of the negligence you suffered. This part of your compensation will also take into account any lifestyle changes you’ve had to make, like giving up a favourite hobby or pastime.

Special damages will cover the financial impact of the hospital’s negligence. This might include lost earnings if you’ve taken time off work to recover, or the cost of transport to and from medical appointments.

Your solicitor will do everything they can to make sure any settlement you receive covers the physical, emotional and financial difficulties you’ve experienced due to negligence.

*For an idea of how much your claim could be worth in general damages, try our free compensation calculator.

Is there a hospital negligence claim time limit?

If you’ve suffered because of a hospital’s negligence, you’ll usually have three years from the date of the incident to make a claim.

There will be some instances where it’s not immediately clear that negligence has taken place. In these cases, you’ll have three years from when you first became aware of it, usually through a later diagnosis, to start a claim – this is known as the ‘date of knowledge’.

If you’re taking legal action on behalf of a child, you’ll have until their 18th birthday to do so. After this, they’ll have until they’re 21 to start a claim themselves.

Meanwhile, if you’re claiming for an adult who is lacking mental capacity, you won’t face any time limits. This could apply if your loved one suffered a brain injury or is living with a degenerative condition like dementia or Alzheimer’s.

No matter your situation, it’s always best to seek legal action sooner rather than later. This will help your solicitor gather key evidence such as medical records and witness accounts. It may also be easier for you to remember the details of what happened.

How long do claims for hospital negligence take?

The amount of time it takes for your hospital negligence claim to settle will depend on various factors – the main one being the severity of your condition.

Some hospital negligence claims are resolved within a few months, but more complex cases can take several years.

We understand you might have concerns about how long your claim will go on for. But your solicitor will do everything they can to make the process as stress-free as possible for you.

What’s more, if the hospital or trust that treated you admit they acted negligently, your solicitor may even be able to apply for interim payments on your behalf.

You’ll receive these payments before your case is settled, meaning you’ll be able to cover any immediate costs like care expenses or household bills.

I think I have a hospital negligence claim – what should I do?

Hospital negligence is inexcusable. You expected help but were made to suffer further. If this has happened to you, you’re within your rights to seek compensation and support.

But before taking legal action, you should make sure to seek the appropriate medical attention. We understand you might be hesitant to do this after being let down by hospital staff, but it’s important that both your initial condition and new injury or illness are treated effectively.

After this, you might consider starting a claim. Our knowledgeable team can help you make the first step. We’ll speak to you about what happened and if we think you could have a claim, you'll have the option of speaking to one of our medical negligence solicitors.

It will be entirely up to you whether you’d like to go forward with a claim after speaking to us. We’ll never pressure you either way.

If you’re ready to find out more about making a hospital negligence claim, get in touch with us. You can reach us by phone or by filling in our quick and easy online form.