How To Make Hospital Negligence Claims

By Stephen Hudson. Last Updated 9th October 2024. In this guide, we explain hospital negligence claims and when you may be able to seek compensation. When visiting a hospital, people expect a certain standard of professional care. However, this is not always provided. In certain cases, negligent treatment by a hospital and its staff can cause a deterioration in a person’s health.

This guide is designed for those who have been a victim of hospital negligence. Even if you have not been a victim, it is also important that you understand your rights in these circumstances, should you wish to take legal action in the future.

The guide will give the basic details of everything concerning hospital negligence settlements and will try to answer all the frequently asked questions we encounter.

You can reach us by:

• Phoning 0800 073 8804.
• Using our form to discuss making a claim online.
• Or speak to an advisor now through our live chat tab.

Select A Section:

1. What Is Hospital Negligence?
2. Can I Make A Hospital Negligence Compensation Claim?
3. Examples Of Hospital Negligence Cases
4. How Long Do I Have To Start A Hospital Negligence Claim?
5. How Do I Prove My Hospital Negligence Claim?
6. How Much Compensation For Hospital Negligence Could I Receive?
7. No Win No Fee Hospital Negligence Compensation Claims

What Is Hospital Negligence?

Before asking what hospital negligence claims are about, you may be wondering what negligence actually means in a medical setting.

When a medical professional, meaning someone who is formally trained in providing medical care, is working, they are expected to provide treatment that meets the minimum expected standard of care. This is the duty of care they owe you.

The exact nature of these standards can depend on their role, as different types of professionals have different responsibilities.

For example, a doctor could refer to guidance from the General Medical Council, a regulatory body for doctors, to consider what good medical practice looks like. Alternatively, a nurse could look at the standards and guidance shared by their own regulator, the Nursing and Midwifery Council.

Hospital negligence can be defined as a medical professional in a hospital  failing to provide this minimum expected standard of care and causing a patient to suffer avoidable harm as a result.

Continue reading to learn when you could seek compensation for hospital negligence, and call our helpful advisors for further useful guidance.

Can I Make A Hospital Negligence Compensation Claim?

Hospital negligence claims come about when a patient seeks compensation for the effects of a medical professional failing to uphold the duty of care they must follow.

The criteria for a hospital negligence claim are:

• A medical professional owed a duty of care.
• Their treatment was short of the expected standard, causing them to fail to uphold their duty.
• The patient sustained avoidable harm that was a direct result of their hospital neglect.

This means that you need to show how neglect in hospital occurred and that it led to you experiencing pain and suffering that wouldn’t have happened if you’d received the right care.

Continue reading for some examples of negligence in the hospital. If you want to learn whether you can seek a hospital payout in a medical negligence claim, simply call the number at the top of this page.

Examples Of Hospital Negligence Cases

Negligent treatment could happen in numerous scenarios and with many different causes. For example, the hospital negligence cases below could potentially occur in a hospital:

• A doctor asks for the wrong dosage of medication to be administered because they did not check what the correct amount should be. The patient received too low a dosage, allowing their pain and suffering to continue and worsen.
• Nurses fail to ensure a patient is secure in their bed and that bed rails are put in place. This leads to the patient falling out of bed and suffering a bad back injury.
• A surgeon reads a patient’s chart incorrectly and amputates the patient’s leg when removing the leg was not necessary.

Does your experience sound similar to any of these examples? If you believe you’ve suffered needlessly as a result of substandard care, call today to learn if you could make a hospital negligence claim with the help of an expert solicitor.

How Long Do I Have To Start A Hospital Claim?

The time limit for starting a hospital negligence claim is typically three years, as set by the Limitation Act 1980. It could be three years starting from when you suffered harm or three years from what’s called the date of knowledge, which refers to when you first realised or would have been expected to realise that the harm you experienced was caused by neglect in a hospital.

However, an exception could be made to this time limit in certain cases. It may be altered for the following:

• People lacking the required mental capacity to begin their own hospital claim – The time limit will be suspended indefinitely if this applies. During this time, a litigation friend can be appointed by the court to handle a claim for them. If the injured party regains their mental capacity and a claim wasn’t made on their behalf, the normal time limit applies from whatever date they recovered it.
• Minors under the age of 18 – For children who get ill or injured at a hospital, the time limit will be paused until their 18th birthday. Before that day arrives, a litigation friend may potentially start a claim on their behalf. However, if they turn 18 and a claim was not made for them, they will then have until their 21st birthday to start proceedings.

If you would like to find out if you are within the time limit to start a claim for medical negligence, please reach out to our advisors.

How Do I Prove My Hospital Negligence Claim?

Knowing exactly what you need to do if you have been a victim of hospital negligence and neglect is important, as this will form the first step to building up a good case for your compensation claim. The most important thing is to get the required evidence to prove negligence occurred and caused you harm. The following actions should be taken before starting a claim:

• Collect evidence: This refers to getting the hard evidence that you suffered negligence on the part of the hospital. Part of the evidence could include photographic evidence, eyewitness accounts and so on.
• Get a medical opinion: The effect and injury caused by the neglect and negligence should be captured by a professional medical opinion after a thorough medical examination.
• Document financial losses: Whatever losses you have suffered in the process, such as loss of earnings, should be well documented. This would form a basis for the type of claim you may make.
• Seek legal advice: Getting in touch with our advisors is an excellent step to take next. We can guide you through the rest of the process.

Getting it right at the initial stage will go a long way to strengthening your case and increasing the chances of getting the maximum compensation possible in hospital negligence claims.

How Much Compensation For Hospital Negligence Could I Receive?

We are often asked about compensation for hospital negligence claims and how much could be paid out for the effects of substandard treatment.

A medical negligence in hospital payout may have a maximum of two parts, which are called heads of loss.

The main head is called general damages and compensates for physical pain and psychological damage caused by negligent hospital care.

When hospital negligence compensation is calculated, those in charge of the deliberations can look at medical evidence. They might also review the Judicial College Guidelines (JCG). A definitive list of injuries and illnesses can be found in this publication, as well as suggested compensation brackets for each.

Apart from the first line, everything in the table viewable below comes from the JCG. It is only a guide, so please call if you want more insight into what hospital negligence claims payouts might look like.

Can My Hospital Negligence Payout Cover My Financial Losses?

A negligence in hospital payout can cover more than just the physical and emotional effects of below-standard treatment. A second head of loss called special damages can also feature. It aims to cover financial losses that resulted from avoidable harm suffered in hospital.

For example, your hospital negligence claim payout might include a payment accounting for:

• A loss of earnings from missing work.
• Medical bills.
• Travel fees.
• Home healthcare expenses.

If you’ve sustained harm because of a professional’s negligent care and want to learn what hospital negligence compensation you might be awarded for it, just call us today for a detailed discussion.

No Win No Fee Hospital Negligence Compensation Claims

By calling us today, you can learn whether your hospital neglect case is valid. If it is, an expert solicitor could help you pursue your compensation claim. Our solicitors have years of experience in making successful medical negligence claims and offer clients reasonable terms under a Conditional Fee Agreement.

This agreement means you aren’t paying for their work at any stage up until the end of the claims process. Furthermore, if the claim fails, you don’t pay a solicitor fee at all.

If your solicitor helps you prove negligence in the hospital, a payout will be awarded to you. A solicitor will take a small cut of the compensation for hospital negligence you receive as their success fee.

Bear in mind that they can only take a certain percentage because of a legal cap that was put in place by The Conditional Fee Agreements Order 2013.

To find out if you can claim, or even if you just have a question about hospital negligence claims payouts, contact our advisors for quick, confidential and free support. All of these contact options are open around the clock:

• Calling 0800 073 8804.
• Using the live chat feature below.
• Requesting a call through the ‘Contact Us’ online form.