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How To Claim For Medical Negligence In A Private Hospital
Find out if you are eligible to claim for medical negligence in a private hospital in this guide.
£85 million in compensation
How To Claim For Medical Negligence In A Private Hospital
Find out if you are eligible to claim for medical negligence in a private hospital in this guide.
Private Hospital Medical Negligence Solicitors
When we go to a private healthcare provider for treatment, we expect the highest possible level of care. Unfortunately, hospitals are not exempt from making avoidable mistakes and causing patients unnecessary harm just because they are private. In such instances, individuals affected by substandard care may be able to pursue a claim for medical negligence in a private hospital.
Key Points
- The Health Foundation reports that there were 770,000 private elective inpatient admissions in 2022/23.
- The Independent Healthcare Providers Network showed that 67% of people would consider using private healthcare services.
- According to the industry insurance provider Medicas, there were 1,158 private healthcare negligence claims in 2019.
- You can make a complaint to the Independent Sector Complaints Adjudication Service (ISCAS).
- One of our solicitors can help you make a claim against a private hospital on a No Win, No Fee basis.
Our advisors and solicitors are here to help you make a hospital negligence claim. To get in contact with us, please:
- Call now on 0151 375 9916.
- Click here to contact us and get a free claims check.
Can I Claim For Medical Negligence In A Private Hospital?
Yes, you could claim for medical negligence in a private hospital if your case meets the eligibility criteria. There are 3 basic criteria that any private healthcare negligence claim has to meet:
- The private hospital, healthcare provider, or professional owed you (or your loved one) a duty of care as a patient. We will explain this in more detail below.
- The hospital, or a medical professional working there, breached this duty of care.
- The breach caused unnecessary and otherwise avoidable harm.
Patients are automatically owed a duty of care. Per this duty, hospitals (or individual medical professionals) must deliver a level of care that meets the minimum expected standard. Various bodies, such as the General Medical Council, publish a framework of professional standards to help doctors and other healthcare providers meet expectations.
How Will A Private Hospital Pay Me Compensation?
A private hospital will typically pay you compensation via its insurer. Medical negligence claims against private hospitals involve negotiating with the hospital’s insurance provider. The parties will try to reach an agreed upon settlement.
If an agreement cannot be reached, a claimant may need to pursue the case through the courts. However, it’s important to stress that it is rare for cases to go to court.
You can learn more about making a medical negligence claim against a private healthcare company by talking to our team.
How Much Private Hospital Negligence Compensation Can I Get?
How much private hospital compensation you may get will depend on the individual factors of your case. For example, a person left with quadriplegia may be able to claim between £396,140 and £493,000 in compensation for their pain and suffering (general damages). This is per the suggested compensation bracket set out in the Judicial College Guidelines (JCG). The JCG is often used by those involved in estimating general damages, as the document pairs suggestive compensation brackets with various forms of harm.
Below, you will find a selection of JCG brackets. The top row includes our example of what may be awarded if special damages are also taken into account. Special damages can be claimed for if the avoidable harm has a financial impact and are discussed in the following section.
Finally, it must be stressed that the table isn’t a guarantee of compensation.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple types of very severe harm with special damages | Very severe | Multiple severe types of harm with a financial impact, such as therapy costs. | Up to £1,000,000+ |
| Paralysis | Quadriplegia/tetraplegia | Cases at the higher end of the bracket feature the presence of physical pain or significantly affected senses (or ability to communicate). | £396,140 to £493,000 |
| Harm affecting sight | Total blindness | Including the total loss of sight. | In the region of £327,940 |
| Kidney | Serious, permanent damage or loss (a) | Affecting both of the kidneys. | £206,730 to £256,780 |
| Chest | Worst type of chest harm (a) | Where a lung is totally removed and/or where there is serious heart damage. | £122,850 to £183,190 |
| Lung disease | Lung cancer (b) | Cases typically seen in an older person which impairs function, quality of life and which causes severe pain. | £85,460 to £118,790 |
| Neck | Moderate (i) | Includes dislocations or fractures which cause immediate symptoms and require spinal fusion. | £30,500 to £46,970 |
| Foot | Modest | This bracket may include simple metatarsal fractures and ruptured ligaments. | Up to £16,770 |
| Shoulder | Clavicle fracture | Awards may consider factors like the fracture’s severity, the degree of disability, and whether there are residual symptoms. | £6,280 to £14,940 |
| Toe | Moderate | Cases include fractures that are relatively straightforward or where a pre-existing condition is worsened. | Up to £11,720 |
Please contact us for an individual assessment of what your clinical negligence claim against a private hospital is worth.
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What Other Factors Are Considered For Private Hospital Compensation?
As noted above, special damages are one of the other factors that may be considered when paying out private hospital compensation. Special damages may take the following into account:
- Travel expenses – Including the cost of travelling to attend a medical appointment.
- Medical Bills – This might be for additional private treatment to address the harm you experienced. This may also extend to ongoing medical care and/or medication.
- Mental health support – If you also suffered psychological harm, you could recover the costs of therapy, counselling, or other mental health services.
- Lost income and earnings – May include both past and future (projected) losses. In addition, you may be able to claim for any impact on pensions and bonuses into account.
- Accessibility improvements – In some cases, homes and vehicles may need to be modified to support independence or accommodate mobility issues.
You can find out more about special damages by speaking to an advisor. Our team is also ready to answer any questions you may have about how medical negligence claims are calculated.
Examples Of Medical Negligence In Private Hospitals
Potential examples of medical negligence in private hospitals include:
- Misdiagnosis or the failure to diagnose a patient due to substandard medical care (such as misinterpreting test results or not listening to a patient’s symptoms).
- Surgical errors and negligence encompass instances of wrong-site surgery, retained foreign objects and other errors.
- Medication errors, such as administering the wrong type or dose of medication.
- A birth injury affecting either the mother or the baby.
- Infections caused by a failure to sterilise instruments for surgery, or by poor overall hygiene practices (like not switching gloves between patients).
These incidents may be caused by private healthcare professionals or service providers failing to adhere to their duty of care. Such incidents can result in severe forms of harm, prolonged recovery times and even psychological distress.
Please contact us if you or a loved one has been affected by any of the circumstances discussed in this guide.
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Do I Need To Log A Complaint To Claim For Private Hospital Negligence?
No, you do not need to log a complaint to claim for private hospital negligence. However, medical negligence cases may be strengthened by logging a complaint, as it can help to document your concerns and provide supportive evidence. It may also begin the process of holding the service provider or individual to account.
The hospital may also carry out an internal investigation. If they fail to do so satisfactorily, you can escalate any complaint to the Care Quality Commission (CQC). The CQC is the independent regulator for health and adult social care in England.
Please reach out for further guidance on the benefits of making a complaint and claiming for medical negligence in a private hospital.
How Long Do I Have To Claim Against A Private Hospital?
You have 3 years to start a claim against a private hospital for the harmful effects of negligent medical care. This time limit is set by the Limitation Act 1980 and may begin on the date of the negligence. However, under the Limitation Act, the time limit can also be counted from the date you became aware of the medical negligence as the impact of substandard care may not be immediately apparent.
Further to this, time limits are paused in 2 instances where individuals cannot claim for themselves:
- Minors: The 3-year time limit only applies on the date of someone’s 18th birthday.
- Mentally incapacitated adults: Time limits do not apply for as long as there is an incapacity. However, if there is a recovery, the 3-year limit will apply from the date they regain this capacity.
In either case, a relative or other suitable adult may apply to act as their litigation friend. This is a person who can act on their behalf and assist in filing the claim.
Please contact our team to discuss your case against a healthcare professional and find out how long you may have to file a claim.
What Evidence Can Prove Private Hospital Medical Negligence?
Medical records and witness statements are just some of the many types of evidence that can prove private hospital medical negligence. To prove a medical negligence private hospital claim, you must show that substandard care resulted in you suffering unnecessarily.
Key evidence which could prove private healthcare negligence includes:
- Detailed medical records which document treatment, highlighting things as a medication error or surgery negligence.
- Diagnostic reports showing a delayed or otherwise missed diagnosis.
- Reports showing where and/or how a hospital failed to follow protocols, such as inadequate monitoring or poor hygiene.
- The findings of an independent medical assessment, which one of our solicitors can arrange on your behalf.
- Contact details for potential witnesses (one of our solicitors can reach out to them to gather supportive testimony).
- Any correspondence between you and the hospital, medical professional or healthcare provider.
- Photographic evidence showing any visible wounds or harm. Photos may also show unsanitary conditions which led to someone contracting an infection, etc.
Our solicitors consistently go above and beyond to assist their clients in gathering evidence, and you could benefit from that expertise. Please get in touch to find out how we can support your claim for medical negligence in a private hospital.
How Can JF Law Help My Private Medical Negligence Claim?
JF Law could help your private medical negligence claims by providing a tailored service that puts you at the heart of the process. Our medical negligence solicitors have decades of specialist experience in helping people to successfully claim compensation.
No matter the circumstances, our solicitors always work tirelessly to build the strongest possible claims and help their clients move forward. If you work with one of them, they could help you by:
- Explaining clearly how private healthcare claims work, including legal terminology.
- Helping you gather the evidence discussed above.
- Connecting you to specialist rehabilitation services
- Building a strong medical negligence claim.
- Taking an expert approach to negotiating a compensation settlement on your behalf.
These are not the only benefits of working with one of our medical negligence solicitors. They could also work on your case on a No Win No Fee basis. To do so, they may use a Conditional Fee Agreement (CFA).
The main benefit of a CFA is that there are no upfront solicitors’ fees. In fact, there are no solicitor’s fees payable until the end of your claim.
If you win, your solicitor will deduct a success fee from your compensation as a payment for their work. The Conditional Fee Agreements Order 2013 limits the percentage of your compensation which may be deducted for this fee.
Contact Us
We are on hand 24 hours a day, 7 days a week to help with your medical negligence private hospital claim. To contact us:
- Please submit an enquiry on our contact page.
- Phone 0151 375 9916 to begin a legal claim.
Learn More
Learn more about private healthcare medical negligence claims and find additional references in this part of our guide.
- Learn more about how hospital negligence could lead to cerebral palsy and when you could make a claim.
- Here you can find out more about gynaecology medical negligence.
- This guide provides information on retained placenta medical negligence claims.
References.
- Learn more about independent healthcare service providers in this resource from the Care Quality Commission (CQC).
- Check how to claim Statutory Sick Pay if you have to take time off work.
- Find out how to access medical records held by a private healthcare company in this resource from the British Medical Association.
Thank you for reading our guide to claiming compensation for medical negligence in a private hospital.
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