Following negligent hospital treatment, you may be wondering if you could claim compensation for the harm you sustained. We explore examples of hospital negligence for which you could potentially begin a medical negligence claim if you meet the eligibility criteria.
You will also see information on the resources that can be used to calculate compensation for medical negligence and how one of our specialist solicitors could support you throughout the medical negligence claims process.
The end of this guide provided details of the No Win No Fee contract offered by our hospital negligence solicitors, making particular reference to the benefits claimants can experience when starting a claim with us under such a contract.
Our advisory team is available 24 hours a day to take questions, address your concerns, and offer a free consultation regarding your eligibility to claim for clinical negligence. You talk to us by:
- Calling an advisor on 0800 073 8804
- Completing our “Claim Online” form.
- Clicking the live chat button in the bottom left of your screen.
Find Examples Of Hospital Negligence Claims
Select A Section
- How Can We Help With Hospital Negligence Claims?
- Eligibility To Claim For Medical Negligence
- Medical Negligence Claims For Hospital Infections
- Examples Of Hospital Negligence Involving Surgical Errors
- How Could Negligent A&E Treatment Occur?
- Examples Of Hospital Negligence Claim Payouts
- Make A Medical Negligence Claim With A No Win No Fee Solicitor
How Can We Help With Hospital Negligence Claims?
We understand it can be a confusing and difficult time when hospital negligence occurs. Starting the legal process for a hospital negligence case can seem daunting at first, which is why we assist claimants from start to finish. Our expert hospital negligence solicitors can support you throughout your medical negligence claim, guiding you through tasks such as:
- Collecting supporting evidence for your hospital negligence claim, including collecting witness statements, helping you value your financial losses, and acquiring relevant medical records.
- Corresponding with the healthcare provider on your behalf.
- Ensuring your claim starts within the relevant time limit.
Our advisors are on hand 7 days a week to address your concerns, provide a more detailed explanation of the claims process, and assess your eligibility to claim at no cost to you. Get in touch with the team today using the contact information given above.
Eligibility To Claim For Medical Negligence
Medical professionals owe a duty of care to all patients they are providing treatment to. This duty applies to both public and private healthcare. Medical professionals are required to provide care that meets the correct standard. By failing to meet this standard of care, medical professionals can cause their patients to suffer avoidable harm.
To begin a medical negligence claim following inadequate hospital treatment, you will need to show the following:
- You were owed a duty of care by a medical professional.
- This medical professional failed to uphold their duty of care by providing medical care that was not of the correct standard.
- You suffered avoidable harm as a result of this failure.
The term “avoidable harm” refers to the harm that you would not have experienced had the medical care you received met the expected standard. We will provide some examples of hospital negligence causing avoidable harm that you could potentially begin a claim for in the following sections.
For a free assessment of your eligibility to begin a claim for hospital negligence or to ask any questions you may have regarding the medical negligence claims process, contact our dedicated advisors via the details given above.
Time Limits In Hospital Negligence Claims
Medical negligence claims are bound by the limitation period set out by the Limitation Act 1980. This means you generally have 3 years to begin your claim. This can be counted from the date of the medical negligence itself, or from the date you would have first been expected to connect the avoidable harm you sustained with the negligent action. This is known as the date of knowledge.
Exceptions can be made to the general 3-year limit, such as in cases where the injured person is a minor or of a limited mental capacity.
Our dedicated and experienced team can answer any questions you may have about the limitation period, as well as advise you as to whether any exceptions apply to your claim. Contact the team today using the details given above.
Medical Negligence Claims For Hospital Infections
A hospital infection can refer to a wide range of medical conditions, such as an MRSA infection, that stem from hospital staff failing to follow the correct hygiene measures. An example of a medical professional’s care falling below the correct standard and causing a hospital infection could be:
- Following a surgical procedure on your leg, nurses failed to change the bandages regularly. This negligent medical care resulted in your wound becoming infected, presenting a serious risk to your health.
Examples of Hospital Negligence Involving Surgical Errors
Surgical errors are mistakes that happen during different kinds of surgeries. This could mean the issue the surgery was intended to rectify was not fixed or that further harm and complications have been caused by negligent surgeon’s. Surgical errors can also include unnecessary surgery, where operations were performed when they did not need to be. As an example:
- During a heart surgery, medical equipment, such as a scalpel was left inside your chest cavity. A second surgery was therefore required to remove the scalpel. Foreign object retention is known as a never event, a serious case of misconduct that was wholly preventable if the proper procedures were followed.
How Could Negligent A&E Treatment Occur?
Errors in the Accident and Emergency (A&E) department can cause exacerbation of medical emergencies, with potentially serious consequences for patients. An example of negligent treatment in an emergency services department could be:
- Doctors in A&E correctly diagnosed you as having a severe allergic reaction but administered the wrong dosage. The resulting overdose caused a worsening of your already serious condition.
- Doctors or other hospital staff acted negligently in a way that led to an accident where you fell out your hospital bed.
There are many other examples of hospital negligence that could occur, such as receiving an incorrect diagnosis, medication errors or negligent delays in treatment. Delayed treatment and wrong diagnosis resulting from negligent care can mean your medical condition worsens.
If you believe you have experienced medical negligence, contact our advisors for a free assessment of your eligibility today.
Examples Of Hospital Negligence Claim Payouts
Compensation awards for a successful hospital negligence claim can be comprised of up to two different heads of loss. Your physical and psychological pain and suffering from medical negligence will be compensated under general damages. Monetary losses associated with the avoidable harm caused by the medical professional’s breach of duty can be compensated under special damages.
Those responsible for calculating a possible value for the harm you sustained can refer to your medical evidence alongside the figures from the Judicial College Guidelines (JCG). The JCG publication contains detailed information regarding a number of different types of harm, with guideline compensation amounts for each. You can see some relevant examples of hospital negligence compensation payouts taken from the JCG in the table below.
Compensation Table
Please be advised that the top entry was not taken from the JCG figures. Furthermore, this information is intended as guidance only owing to the individual nature of medical negligence claims.
| Type of Harm | Severity | Guideline Compensation Amount | Notes |
|---|---|---|---|
| Multiple Severe Types Of Harm With Monetary Losses | Severe | Up to £1,000,000+ | Compensation for the physical and psychological impact of medical negligence and financial losses, such as loss of earnings, care costs and medical costs. |
| Leg | Amputation (a)(i) | £240,790 to £282,010 | Loss of both legs. |
| Amputation (a)(iii) | £104,830 to £137,470 | Amputation of one leg above the knee. | |
| Chest | Total Removal of One lung and/or Serious Heart Damage (a) | £100,670 to £150,110 | Causing serious prolonged pain and significant permanent scarring. |
| Spleen | Loss of Spleen (a) | £20,800 to £26,290 | Loss of spleen where there is risk of internal infections due to the compromised immune system. |
| Bowel | Double Incontinence (a) | Up to £184,200 | Complete loss of natural bowel function and a complete loss of urinary function and control with other medical complications. |
| Bladder | Significant (b) | Up to £140,660 | Total loss of function and control. |
Special Damages
As specified above, the second of the two heads of claim is known as special damages. We have provided some examples of financial losses that could be reimbursed as part of your hospital negligence claim here:
- Loss of earnings from the time taken off work to recover from the harm you sustained. You could also receive compensation for a loss of future earnings if your capacity to work has been reduced.
- Costs of support in the home, such as cleaning, meal preparation, and care of your outside spaces, if you are unable to carry out these duties by yourself safely.
- Modifications to your home, such as access ramps if you have lost mobility.
- You could claim back the costs of transport to and from your place of work if you cannot drive yourself.
- Medical bills, such as for prescriptions.
You will need to provide evidence of financial losses you incurred to be compensated under special damages. Be sure to hold onto copies of any receipts, invoices, payslips, and other bills that demonstrate you incurred monetary losses.
Our advisors can provide a more detailed estimate of the compensation you could receive following a successful hospital negligence claim. They can also assess your eligibility to start legal action free of charge. Contact our team today using the information given below.
Make A Medical Negligence Claim With A No Win No Fee Solicitor
Contact our advisors for a free assessment of your eligibility to claim for substandard care leading to avoidable harm in a hospital. If eligible, one of our solicitors who specialises in medical negligence claims could offer to take on your case under a Conditional Fee Agreement or “CFA.”
The CFA is a type of No Win No Fee contract that provides claimants with some key benefits. First of all, there are no initial fees for the solicitor to commence work on your case in most circumstances. You will similarly not be charged for this work during the legal process. Lastly, if your claim is unsuccessful, you will not pay for the solicitor’s services.
If your claim has a successful outcome, you will be awarded a medical negligence compensation payout. The solicitor will subtract a percentage of this compensation as their success fee, before transferring the rest to you. Since there are legal restrictions on the percentage amount solicitors can charge as a success fee, you will therefore keep the most of any compensation payout you receive.
Our advisors are available 24 hours to a day provide further guidance on examples of hospital negligence you could begin a claim for. They can also offer a free assessment of your eligibility to claim for your particular circumstances. Contact the team today via:
- Phone on 0800 073 8804
- Completing our “Claim Online” form.
- Clicking the live chat button in the bottom left of your screen.
Further Resources On Hospital Negligence Claims
See some of our other medical negligence claims guides:
- Read about how our solicitors could help you prove medical negligence occurred in your particular circumstances.
- Learn who could be eligible to make MRSA claims after contracting an MRSA infection in a hospital.
- Find out about the compensation you could be entitled to if you were misdiagnosed by video examination here.
We have also included these external resources that may be of some use:
- The General Medical Council are the UK’s independent regulator for doctors. Learn more about the work they do on their website.
- Read the NHS Constitution for England on this Government page.
- The NHS has published this resource containing useful medicines information on prescriptions and over-the-counter medications.
We’d like to thank you for taking the time to read this guide on examples of hospital negligence you could start a claim for. For a cost-free assessment of your eligibility to claim or to get answers to any questions you may have, speak to our dedicated and friendly advisors today. You can reach the team 24/7 via the contact information given above.
