Hospital Negligence Compensation Claims refers to a situation where an individual takes legal action against or sues a hospital for breaching their duty of care towards them or a loved one. Such acts of negligence often lead to unnecessary and avoidable harm or injury.
Why Should I Make Hospital Compensation Claims?
The effects of hospital negligence can be traumatising for the patient and their close family members. Making hospital compensation claims is one way to help you get back to your previous state, before the negligent treatment occurred.
Among other things, if your claim is successful you will be able to access further medical care necessary for your recovery, cover for other loss of income, loss of job as well as any accommodation adjustments as a result of the medical negligence.
Besides monetary compensation, making hospital negligence compensation claims is also a way to prompt the hospital being claimed against to conduct internal investigations and make necessary improvements to prevent similar occurrences from happening to others.
Our partnered hospital negligence solicitors are very willing to assist and support you throughout the entire claims process until you are compensated.
Acts of Negligence That Would Warrant A Hospital Compensation Claim
There are different hospital neglect cases which could warrant making medical negligence claims against a hospital.
Some examples include:
- Misdiagnosis -incorrect diagnosis, late diagnosis or missed diagnosis
- Unnecessary delays in carrying out relevant tests or scans
- Delay in commencing treatment or surgery
- Wrong treatment
- Bed sores hospital negligence
- Negligent amputation
- Mistakes in drug prescription or administration
- Surgical errors including anaesthesia complications
- Childbirth negligence causing complications to mother and/or child
- Failure or delay in transferring patient to a specialist for expert medical attention
- Failing to monitor patient’s fluid levels
- NHS negligence
- Accident and Emergency negligence
You may also be entitled to make hospital infection claims if you or your loved one has suffered from the following hospital acquired infection;
- Bacterial infections e.g. MRSA and Clostridium difficile
- Viral infections e.g. norovirus
- Infection of surgical wounds
- Urinary tract infections
- Skin and soft tissues infections
- Infections of the bloodstream
Taking Legal Action Against A Hospital For Being Negligent
Our partnered expert negligence solicitors will guide you on how to sue a hospital for medical negligence. There are vital parts of medical negligence that must be established in order to make a successful hospital compensation claim.
These are “Liability” and “Causation”.
In proving both events, you have to show that;
- The hospital had a responsibility to care for you (duty of care)
- The hospital failed in their responsibility of care to you
- That failure in their responsibility is the proximate cause of your suffering
It is important to note that proving liability without establishing causation often leads to unsuccessful hospital negligence claims. Both events must be established for a hospital claim to be successful.
Making Complaints Before Filing A Hospital Compensation Claim
Although complaints do not yield compensation, they can help you to understand if you were negligently treated. By making complaints, you can express how you feel, register your displeasure, and ask for explanations. The response you receive will help you understand if you were negligently treated and then prepare you on how to claim for hospital negligence.
Complaints should be made within one year of being aware of the negligent treatment. When making complaints to the NHS, you can address your complaints to the NHS commissioning body or Practice Manager. However, if you are complaining against a private hospital, your letter should be addressed to the management of the hospital.
In your letter, you will do well to include the nature of the perceived negligence you received, the hospital staff involved, details of the events that transpired, the explanations you seek, as well as other relevant information.
If your complaints were not resolved to your satisfaction, you can write to the Parliamentary and Health Service Ombudsman (available for complaints concerning NHS England), also presenting to them details of your earlier complaints. They will make further investigations on the matter and give you a response based on the outcome of their investigations.
The Hospital Compensation Claim Procedure
Where you are not satisfied with the outcome of your complaints or you feel you have proof based on the response you received that you or your loved one was treated negligently, then you can proceed to make a claim against the hospital.
Your hospital negligence solicitors will explain to you how to make a claim against a hospital. It is important that you note what documents you will need to make a claim. These documents will further strengthen your claims and help your lawyer build a very strong case for you.
- Detailed statements including a timeline of the events that took place
- Medical records, test and scan results
- Witness statements which could be from family or close friends
- Proof of financial losses because of the negligent treatment
- Photographs showing extent of damage
Also, we will assign an independent medical professional who is an expert in the field of interest to perform a thorough medical exam on you or your loved one to understand the severity of damage suffered which will be very vital while negotiating a settlement fee.
When you come to us to start your claim, we complete a free claim assessment and if successful we will assign you to one of our partnered personal medical negligence lawyer who will discuss with you, ascertain the strength of your claims and chances of winning. Not only that, they will also give you the right hospital negligence advice, assist you to gather evidence to prove your claims and provide you with the best possible legal representation.
Where necessary, your lawyer will seek to secure interim payments to help you with your financial needs before the final settlement fee is agreed.
Hospital Negligence Compensation Claim Payout
Compensation for hospital negligence in the UK depends largely on the circumstances surrounding your claims. They are therefore not fixed but vary according to the specifics and uniqueness of each claim. When making claims, you may be able to claim for the following damages;
General damages take into account the severity of pain, injury, mental anguish or complication suffered as a result of medical negligence. Using our negligence claims calculator, we can give you an estimate of what you could expect as compensation for general damages.
Special damages on the other hand covers financial losses, out of pocket expenses and other costs incurred or may be incurred in future as a result of the injury suffered. These include;
- Medical expenses including travel expenses to and from medical appointments
- Costs of prescriptions
- Costs of rehabilitative care and therapies
- Loss of income, inheritance or pension as a result of losing your job
- Costs of hiring caregivers, amongst others as may be applicable in your case
According to the NHS Resolution, the average compensation payout for medical negligence in the UK is £50,000. However, based on the factors mentioned above, your settlement fee can fall anywhere between £1,000 and several millions of pounds.
Here is a table showing what you may likely expect as compensation for your hospital negligence claim according to the 2022 Judicial College Guidelines for the assessment of General Damages in Personal Injury.
|Severity Of Injury Suffered||Estimated Compensation Value|
|Injury to Internal Organs||Compensation pay-out ranges between £910 to £210,400 depending on the severity.|
|Brain Injury||Settlement fees for brain and head injuries can range from £2,210 to £403,990 depending on the severity.|
|Negligence resulting to Pelvic and Hip injury||Injuries to the hip and pelvis attract between £3,950 to £130,930 depending on the severity.|
|Negligence causing Quadriplegic Cerebral Palsy.||Compensation awarded is usually in the range of £324,000 to £403,990.|
|Orthopaedic Injuries||Compensation ranging from £2,430 to £300,000 depending on the severity.|
|Injuries Resulting In Death (Full Awareness)||Hospital negligence resulting in death in the UK range from £1,370 to £23,810 depending on the circumstances.|
|Dental Injuries||Dental negligence compensation award can fall between £1,090 to £38,130 depending on the severity.|
How Do We Handle Hospital Compensation Claims?
We are partnered with expert no win no fee solicitors in Liverpool and across the UK. We offer you the chance to make your hospital negligence claims with no financial implications to you.
We are a claims management company and receive payments from our partnered law firms for our service. If you qualify for a free claim assessment and that assessment is successful, you will be connected to an expert law firm to assist with your potential claim. Our service is completely free.
How Much Time For Hospital Compensation Claim?
As a rule, you only have three years starting from the date of negligent treatment or when you become aware of it. If a person has died as a result of negligence, then the time starts to count from the date of death.
The few exceptions to this rule applies to claims involving children and people who are physically or mentally incapacitated. In these cases, a loved one can make claims on their behalf rather than wait until they are able to bring claims by themselves.
Why Choose Medical Negligence Direct For Your Hospital Compensation Claims?
The success of your claim hinges – to a great degree – on not just the strength of your case. but also the expertise of your hospital compensation claims solicitor.
Our partnered solicitors at MND have the required expertise and are accredited by relevant associations including the Law Society’s Clinical Negligence Panel, Action against Medical Accidents (AvMA) and Association of Personal Injury Lawyers (APIL). You can be rest assured that you are in good hands.
Having helped many clients over the years to secure hugely satisfying compensation amounts, yours will not be different. They are not only dedicated to getting a swift resolution at the right settlement payout but also to see that the claims process is smooth without adding another burden on you.
Reach out to us via our helplines or fill out our free claims assessment form to get started on your claim.
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