Hospital Negligence Claims - Your Guide To Compensation And How To Claim
Read our guide to learn about making hospital negligence claims and how our solicitors could help you.
£85 million in compensation
Hospital Negligence Claims - Your Guide To Compensation And How To Claim
Read our guide to learn how to make hospital negligence claims and the payouts that are possible.
People often go to the hospital to receive medical treatment and get better. However, incorrect treatment and the neglectful actions of staff can sometimes result in avoidable harm and hospital negligence claims.
In making this guide, we understood that you may have many questions about navigating the claims process whilst working on your own health. After all, there are various things to consider when making a hospital negligence claim, such as eligibility, calculating compensation, and time limits.
Our guide considers these topics and other important questions whilst also explaining what kinds of hospital negligence you could claim for.
Contact us today to learn more about making a medical negligence claim:
- Call us at 0151 375 9916.
- Fill out our online form for a callback.
- Use the live chat at the bottom of the screen.
Am I Eligible To Make A Hospital Negligence Claim?
For eligible hospital negligence claims, the following has to be established:
- A healthcare professional or provider had a duty of care towards you.
- They breached this duty with an inadequate level of care.
- This failure caused you unnecessary or avoidable harm.
All healthcare professionals have a duty of care to their patients. These professionals include nurses, doctors, surgeons, technicians, and pharmacists, who must provide the minimum standard of care and treatment expected of them. This duty extends to healthcare service providers like pharmacies, GP surgeries, and hospitals.
However, it’s important to remember that not all harm is the fault of someone else. Patients can still suffer, or experience failed treatments even when medical professionals meet expected standards. If you’re unsure about how to establish eligibility before claiming compensation, you can contact our team for a free consultation.
Average Hospital Negligence Claim Payouts
Average payouts for hospital negligence claims take into account various factors to determine how much compensation someone receives. For instance, the Judicial College guidelines (JCG) indicate that compensation for paraplegia can potentially be between £267,340 and £346,890.
If your hospital negligence claim is successful, your compensation may include the following categories:
- General Damages: Compensates you for the harm you suffered.
- Special Damages: Provides compensation for your monetary losses.
How Compensation Is Calculated
Whilst calculating your general damages, your medical negligence solicitor may refer to the JCG mentioned above. This document collates different kinds of injuries and guideline compensation brackets for a clinical negligence claim.
The table below summarises some of the JCG figures. However, please note that the top row figure isn’t from the JCG, and the table is to only be used for reference.
Harm Severity Notes Compensation Guidelines
Multiple Forms of Harm and Special Damages Severe May have suffered many forms of harm as well as financial losses, such as professional care costs. Up to £500,000+
Paralysis Paraplegia The level of pain, dependence, depression, sexual dysfunction, and the person’s age and life expectancy will determine the award. £267,340 to £346,890
Kidney Serious (a) There will be serious damage or the loss of both kidneys. £206,730 to £256,780
Bladder Double Incontinence This involves a complete loss of function and control combined with other medical complications. Up to £224,790
Female Reproductive System Infertility (a) There is infertility along with sexual dysfunction, depression, anxiety, and scarring. £140,210 to £207,260
Bowels Complete Loss of Function Also involving cases resulting in colostomy dependence. Up to £183,190
Male Reproductive System Impotence or Significant Sexual Dysfunction (c) This bracket includes cases which have a high chance of being permanent and for a person who has kids or is unlikely to have children. £52,490 to £108,310
Sight Total Loss of Sight in One Eye This could be due to scarring or the potential for sympathetic ophthalmia, and the compensation will be decided accordingly. £60,130 to £66,920
Chest Some Continuing Disability (c) Cases involve damage to the lungs and chest. £38,210 to £66,920
Spleen Loss of Spleen (a) The immune system is damaged, and there is a risk of internal infection. £25,380 to £32,090
Special Damages And How They Relate To Your Claim
As discussed above, special damages compensate for the financial losses which may arise because negligence occurred. These losses can include:
- Loss of earnings (present and future) due to time taken off or demotion.
- The cost of further treatment and travelling back and forth for medical appointments.
- Professional care or the time devoted by a family member to look after you.
- Disability equipment, such as a wheelchair or ramp at home.
To secure financial compensation, you will need to prove related costs with documents like payslips, bank statements, and receipts.
Speak to our advisors now for further information on calculating hospital negligence compensation.
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Types Of Hospital Negligence You Can Claim For
Many types of medical negligence can involve hospitals, but it’s important to reiterate that not all cases (such as a failed surgery) are due to substandard care. With that said, here are some common instances which often form the basis for hospital negligence claims:
Misdiagnosis
Misdiagnosis occurs when a medical practitioner incorrectly diagnoses a health condition for another. It is not always caused by negligent treatment. However, negligence may be to blame if a doctor misdiagnoses your lung cancer as a chest infection because they failed to conduct appropriate investigations or mixed up your test results with another patient. Such negligent care may delay a cancer diagnosis and make the disease harder to treat.
Surgical Or Procedural Errors
Surgical negligence can happen at any stage of a procedure. For example, a surgeon may read a patient’s charts wrongly, leading them to operate on the wrong side of the brain and make an existing condition worse. In other surgical negligence claims, the operating team may leave behind a scalpel or other foreign object in a patient’s body.
Prescription And Medication Errors
Medication errors involve mistakes in prescribing, administering, or monitoring medication. When negligence is to blame, it can result in a nurse providing a larger-than-proscribed dosage after misreading a label or offering patients incorrect guidance on administering medication. This could be fatal in certain cases.
These examples of medical malpractice represent only a small fraction of the scenarios that could result in clinical negligence compensation. Call our advisors now for a discussion.
Claiming Against The NHS Compared With Private Healthcare
Hospital negligence claims differ somewhat depending on whether they involve an NHS or private healthcare provider.
Claims against NHS hospitals are usually directed at the trusts responsible for them. If your claim is successful, you’ll receive your compensation from NHS Resolution, which acts as a kind of insurer in medical negligence claims.
In contrast, claims in the private sector are against the hospitals themselves, which are legally required to have some sort of insurance. Given that, you’ll receive compensation from this insurance.
Contact us now for more information on clinical negligence cases involving NHS and private hospitals.
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How To Make A Hospital Negligence Claim
All hospital negligence claims rely on evidence, but you must also consider other factors like time limits.
Gathering The Evidence You’ll Need
Gathering evidence may be a time-consuming process, but it is an essential step to prove medical negligence and make a compensation claim. Moreover, you do not have to face this process alone, as our clinical negligence solicitors can help obtain the evidence you need.
You could make use of the following to support a claim for medical negligence:
- Medical records like X-rays, prescriptions, and GP notes can underscore the harm you’ve suffered.
- Doctor’s notes and other documents could show how you suffered medical negligence.
- Photographs may detail how your health has been impacted.
- Contact details of anyone who accompanied you to medical appointments. Your solicitor can then obtain statements detailing how substandard care affected you.
- Diary entries or other notes that may offer a timeline of hospital negligence.
Time Limits – How Long You Have To Start A Claim
Generally, you have 3 years to start a hospital negligence claim under the Limitation Act 1980, dated to when the negligence occurred or you became aware of it. However, there are exceptions for:
- Minors: Since minors cannot claim for themselves, the time limit pauses until they turn 18. Once they reach that age, they will have 3 years to start their own claim.
- Reduced Mental Capacity: Time limits do not apply unless an individual’s mental capacity returns. If that is the case, the usual 3 years take effect from the date of recovery.
If you wish to claim on someone else’s behalf when these time limits apply, you may have the option of being a litigation friend. A solicitor can also fill this role, which allows someone to make a medical negligence compensation claim at any point before:
- The minor turns 18.
- Your loved one regains their mental capacity.
How Long It Can Take To Get Hospital Negligence Compensation
There is no fixed time period for receiving hospital negligence compensation. Rather, various factors influence how long medical negligence claims take, such as:
- The complexity of your specific circumstances.
- How severe your injuries are.
- Whether the healthcare provider accepts liability.
- If there are disagreements during the negotiation phase.
- The strength of your evidence and whether your solicitor needs to obtain more proof.
Speak to us now for further guidance on collecting evidence and time limits in hospital negligence claims.
Why Choose JF Law For Hospital Negligence Claims?
Our specialist medical negligence solicitors at JF Law have a proven track record in successfully navigating hospital negligence claims. We’ll simplify the entire claims process so you can focus on your recovery.
You also don’t have to worry about expensive solicitor fees since we offer No Win No Fee services for medical negligence cases. Our No Win No Fee solicitors will work on your case under the terms of a Conditional Fee Agreement (CFA), which ensures you don’t pay out-of-pocket for their work:
- At the beginning.
- During the claim.
- If you lose your case.
In the event of a positive outcome, you’ll pay your solicitor a small success fee. This is a fixed percentage of your compensation, which is legally capped to allow for maximum retention.
Get in touch to find out how you could get help from our experienced medical negligence solicitors today:
- Call us at 0151 375 9916.
- Fill out our online form for a callback.
- Use the live chat at the bottom of the screen.
More Information
You can also read some of our other guides:
- Information on cancer misdiagnosis claims.
- Our guide on epilepsy misdiagnosis.
- Details on making a birth injury claim.
You can also read these external resources for more information:
- Information on the professional duty of candour by the General Medical Council (GMC).
- Guidance from the NHS on finding a hospital.
- Details from the NHS on making a complaint.
Thank you for reading our guide on hospital negligence claims.
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