This guide is going to examine how you prove hospital negligence in a medical negligence claim. Firstly though, we will begin by looking at the eligibility criteria for such cases and the duty of care that is owed to you by medical professionals and healthcare providers. This will be followed by a section looking at the evidence you could gather to help you prove hospital negligence.
Valid medical negligence claims will mean showing how a practitioner breached the duty of care they owed to you and how this resulted in harm that was otherwise avoidable. To illustrate this, we have provided examples of what could constitute hospital negligence.
You can speak with our advisors at any time of the day or night. It’s free to do so. Get in touch if you have any questions as you read or just wish to know more about the process of making a claim. You can also find out about the benefits of having one of our No Win No Fee solicitors assist you during the process.
A Guide On How To Prove Hospital Negligence
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Select A Section
- Hospital Negligence Compensation Claims
- How To Prove Your Hospital Negligence Claim?
- Types Of Hospital Negligence Claims
- Examples Of Hospital Negligence Compensation Payouts
- No Win No Fee Hospital Negligence Compensation Claims
- Learn More About Hospital Negligence Claims
Hospital Negligence Compensation Claims
Hospital negligence is a form of medical negligence. Every medical professional owes their patients a duty of care, meaning they must provide you with a certain standard of care. Understanding this is a big part of knowing whether your claim is valid.
Below, we’ve listed the criteria that must be met before you can make a medical negligence claim for compensation:
- Duty of care – You must be able to prove that you were owed this when you were harmed.
- Breach of duty – This is when a medical professional doesn’t uphold their duty of care.
- Harm caused – A breach of a duty of care needs to cause you harm on a physical or psychological level.
If you are still unsure as to whether you could make a hospital negligence claim, why not call our advisors for a free consultation? They will asses your case for free and, if found to be eligible, could appoint a No Win No Fee medical negligence solicitor to your case.
What Is The Hospital Negligence Compensation Claim Time Limit?
As well as knowing how to prove hospital negligence, it’s important to be aware of how long you have to start your claim. Generally, the limitation period is 3 years, as stated in the Limitation Act 1980. This is how long you have to begin legal proceedings. However, the Act does make certain exceptions to this time limit.
Get in touch today to find out more.
How To Prove Your Hospital Negligence Claim?
To make a hospital negligence claim, it is vital to gather evidence to support your case. Various forms of evidence can be useful. We’ve included some examples in the list below. However, the list is not exhaustive.
- Medical evidence – Obtaining your medical records can be a vital part of the process. There should be important information regarding your treatment, including notes about diagnosis and results from tests such as X-rays and other scans.
- A written account – Keep a diary and make sure to include details of the harm you’ve suffered. Keep note of important dates and other pertinent information.
- Witness contact details – If you had a loved one with you during an appointment or consultation, they may be approached for a written statement.
To find out more about how to make a claim against a hospital, feel free to get in touch with our advisors today.
Types Of Hospital Negligence Claims
There are various ways a medical professional could breach their duty of care in the context of a hospital. We’ve included some illustrative examples in the list below.
- Surgical negligence – A surgeon may operate on the wrong part of your body. Alternatively, it’s possible that they perform a procedure on you that you did not require.
- Misdiagnosis – One diagnosis error could involve a doctor missing clear symptoms of a condition and making an incorrect diagnosis as a result.
- Cosmetic surgery negligence – You were given too much aneasthetic which left you in a coma.
- Nursing negligence – A nurse may give you the wrong dosage of your medication, despite the correct dosage being present in your notes. Alternatively, they may have failed to take steps to prevent a foreseeable incident where you fell out of bed.
To find out if you are eligible to make a hospital negligence claim, call our advisors now for free advice.
Examples Of Hospital Negligence Compensation Payouts
If your hospital negligence claim is successful, your settlement will include general damages for the pain and suffering caused by the medical negligence and also include special damages for any financial losses incurred.
Those responsible for calculating an appropriate figure for general damages often turn to resources such as the Judicial College Guidelines (JCG). This is a publication with guideline compensation brackets that are based on successful court cases.
The table below contains examples taken from the latest edition of the JCG. They should be used only as a rough guide, as your own circumstances mean the value of your general damages will differ from the figures shown below.
| Harm Caused To | Severity | Notes | Amount |
|---|---|---|---|
| Injury Resulting from Brain Damage | (a) Very Severe | There may be some ability to follow basic commands little or no language function, double incontinence. | £282,010 to £403,990 |
| Hand | (a)Total or Effective Loss of Both Hands | Due to injury both hands suffer extensive damage and are rendered little more than useless. | £140,660 to £201,490 |
| Female productive system | Infertility | When infertility is caused due to the failure to diagnose a patient’s ectopic pregnancy. | £114,900 to £170,280 |
| Amputation of Arms | (b) Loss of One Arm (i) | One arm has been amputated at the shoulder. | Not less than £137,160 |
| Amputation of Arms | (b) Loss of One Arm (ii) | Amputation of one arm below the elbow. | £109,650 to £130,930 |
| Leg | (a) Amputation (iii) | The leg has been amputated above the knee. | £104,830 to £137,470 |
| Digestive system | (b) Illness/Damage Resulting from Non-traumatic Injury (i) | Toxicosis that causes acute and severe diarrhoea, fever, vomiting, and pain. | £38,430 to £52,500 |
| Kidney | (c) Loss of One Kidney | Whilst one kidney will be left undamaged, the other will be completely lost. | £30,770 to £44,880 |
| Spleen | (a) Loss of Spleen | The organ is lost, having a lasting effect on the immune system. | £20,800 to £26,290 |
Financial Losses Compensation
If you’ve been harmed due to a negligent hospital, then the compensation you receive could also include a second head of claim. It’s called special damages. This figure is calculated to account for the financial impact of the harm you’ve experienced. You’ll need to maintain records of your expenses by keeping receipts, payslips, and other forms of evidence.
Special damages can include, but are not limited to:
- Loss of earnings.
- Medical expenses.
- Travel costs.
- Care at home.
- Adaptations to your property.
If you’d like a full valuation of your claim, get in touch with our advisors.
No Win No Fee Hospital Negligence Compensation Claims
All of our solicitors work with their clients with a Conditional Fee Agreement (CFA) in place. A CFA is a form of No Win No Fee arrangement. It means that you have full access to a solicitor’s legal services but are not required to pay them anything upfront. If your claim is then successful, your solicitor is paid via a legally capped percentage taken from your compensation. This is known as a success fee, and so it isn’t taken if your claim fails.
Contact Us
Speak with us today if you have any questions about medical negligence in a hospital and whether you could make a claim. As well as offering you tailored advice, we could also connect you with one of our No Win No Fee solicitors to begin the process of claiming.
Reach out in any of the following ways:
- Call us on 0800 073 8804
- Use the pop-up chat window in the corner
- Talk to us about your claim online
Learn More About Hospital Negligence Claims
Feel free to follow the links below. They’ll take you to additional resources that you may also find informative.
More from us:
- Medical negligence FAQs – Find out the answers to some of the questions we’re more commonly asked.
- Compensation claims for a delay in treatment – Find out if you could be eligible.
- Leukemia misdiagnosis claims – Our guide on this subject.
Information from other sources:
- Pre-Action Protocol for the Resolution of Clinical Disputes – Government Information.
- NHS list of never events – These largely preventable incidents can lead to a claim.
- Litigation friends – Discover when it’s possible to appoint someone to claim on behalf of an individual who is incapable or not permitted to do so themselves.
Thank you for reading. We hope you now have a better idea of how to prove hospital negligence claims.
