Hospital Negligence Claims

In this guide, we will examine the process of making hospital negligence claims. When you seek medical attention, you’re entitled to a minimum standard of care. This is the same whether you’re seeking medical attention from a GP, at a dentist or at the hospital. 

However, sometimes this level of care is not provided and injury, harm or a worsening condition occurs as a result. This is an example of hospital negligence. 

Hospital negligence claims
Hospital negligence claims

You may be entitled to compensation if you have been harmed as a direct result of medical care that fell below the expected standard. Furthermore, you could fund legal representation for your claim on a No Win No Fee basis. 

Call the number at the top of the page to find out more about how medical negligence lawyer from our panel could help you get the compensation you deserve.

Select a Section

  1. A Guide To Hospital Negligence Claims
  2. What Is Hospital Negligence?
  3. Hospital Negligence Examples
  4. Medical Negligence Compensation Calculator
  5. Am I Eligible To Make A No Win No Fee Medical Negligence Claim?
  6. Start Your Hospital Negligence Case Today
  7. More Advice On Making A Hospital Negligence Claim

A Guide To Hospital Negligence Claims

In this guide, we hope that you will gain a clearer understanding of whether you are the recipient of negligent hospital care. We will also explain how to go about starting a medical negligence compensation claim.

Every doctor who treats you has a duty of care towards you to prevent you from coming to harm. This is the same whether you’re at an NHS hospital or a private healthcare facility.

What Is Hospital Negligence?

Mistakes or errors of judgment which occur whilst under the care of a hospital can have grave consequences on your health and worsen an existing injury or illness.

You can be affected as an inpatient for an operation or following an accident or medical emergency. However, outpatients can also experience negligent hospital care.

It’s important to remember that just because your condition worsens or you were harmed because of medical treatment does not mean that you were the victim of medical negligence.

Sometimes, complications can arise in medical treatment even when the correct level of care is administered. You need to show that a breach in duty of care led to your injuries in order to claim.

For more information on hospital negligence claims, please read on.

Hospital Negligence Examples

Hospital negligence includes a broad range of scenarios and treatments.  We have included some below. 

Misdiagnosis Claims

When you receive a late diagnosis during the more advanced stages of illness, the effects on your life can be devastating.

A delayed diagnosis or a missed diagnosis can mean that you don’t get the treatment you need for the condition you have. This could allow your health to worsen more than it would have if you had gotten the right care. 

Furthermore, being prescribed the wrong medication due to an incorrect diagnosis can also lead to a decline in your health. This is because some treatment and medication- for example, chemotherapy- can make you ill. 

Illnesses, injuries, or conditions that can be misdiagnosed or missed altogether include:

  • Stroke
  • Any type of cancer
  • Heart attack or heart condition such as an irregularity.
  • Bone fractures
  • Meningitis
  • Diabetes

Contact us to find out how we can help you take the first steps towards being compensated for harm caused by medical negligence.

Surgical Error Claims

Surgical errors occur when mistakes are made during surgery or the surgery has not been entirely successful. A surgical error could include something like a surgeon’s hand slipping, leaving the patient with an additional scar. 

Some surgical errors are referred to as Never Events. These are deemed to be entirely preventable when surgeons and medical professionals follow NHS guidelines correctly and adhere to basic standards.

Examples of Never Events that could cause harm include:

  • Wrong-site surgery, such as wrong limb or side of the body operated on
  • Wrong implant or prosthesis used 
  • Medical instrument left inside the body post-procedure

If you are suffering as a result of surgical negligence, contact us to find out more about how we can assist. We can offer free legal advice about hospital negligence claims. 

Hospital-Acquired Infections and Healthcare-Associated Infections (HCAI)

As part of their duty of care towards you, medical professionals should uphold standards of cleanliness. For example, they should not reuse equipment between patients and should uphold vigorous hygiene standards. 

Failure to do so could cause a patient to contract an infection. This can include infections such as:

  • Staph infection or MRSA
  • C.diff
  • Catheter-related infections
  • Carbapenemase-Producing Enterobacteriaceae (CPE)

Defective Medical Device

Medical devices are designed to resolve an existing condition or impairment or enhance your quality of living.

So when these devices are either poorly designed or incorrectly inserted by doctors, this could be an example of medical negligence.

Examples include:

  • Faulty or mismatched knee, hip, and other joint replacements
  • Faulty or defective prosthetics limbs
  • Cochlear implants
  • Pacemakers and other cardiac devices
  • Contractive products, such as coils or implants

Contact us today for a free, no-obligation assessment of your hospital negligence claim.

Medical Negligence Compensation Calculator

The amount of compensation you will receive takes into account the physical pain and inconvenience you have suffered as a result of the negligent treatment. This is known as general damages.

However, you may also be awarded additional compensation known as special damages. This compensates you for the financial impact of your injuries. For example, you could claim back: 

  • Loss of earnings
  • Projected future loss of earnings
  • Adjustments to living accommodation, such as handrails and wheelchair ramps
  • Specialist care costs, such as social care
  • Travel to and from hospital appointments
  • Physiotherapy and rehabilitation costs
  • Mobility aids and devices, such as wheelchairs or scooters.

These damages are always dependent on evidence. You should supply invoices and receipts, in addition to wage slips and bank statements where appropriate. 

Contact us to find out more about how to pursue hospital negligence claims.

Am I Eligible To Make A No Win No Fee Medical Negligence Claim?

In order to see if you’re eligible to make a medical negligence claim, your situation will be assessed against the below criteria:

  1. The medical professional is bound by a duty of care
  2. The duty of care was breached
  3. The breach resulted in injury, harm, or suffering

The Bolam Test is a tool used by courts to determine whether or not a doctor’s actions were negligent. It’s where a panel of the defendant’s peers are asked whether the actions taken were in accordance with the duty of care owed.

Due to the Limitation Act 1980, there is a limited window in which you can start legal action.

You generally have 3 years from the date the negligence occurred, or from the date you became aware that your symptoms were caused by negligence.

There are some exceptions to this limitation period, however. Speak with a member of our team today to find out more.

You can also obtain representation on a No Win No Fee basis if your claim meets the above criteria. This means that your solicitor will only ask you to cover their costs if your claim is successful.

If your claim is successful, a small, legally-capped percentage will be deducted from your settlement award. This ensures that you always get the majority of the compensation you’re awarded. 

Start Your Hospital Negligence Case Today

You can call us on the number at the top of the screen to speak to one of our expert advisors to discuss whether you have a claim. If your claim is valid, you could be connected with a No Win No Fee solicitor from our panel. Get in touch today for free legal advice about the hospital negligence claims process. 

More Advice On Making A Hospital Negligence Claim

NHS information on Never Events

NHS information on healthcare-associated infections

Citizens’ Advice guidance on medical negligence

Thank you for reading our guide on hospital negligence claims.

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