How Much Compensation for Hospital Negligence? - MND

A Helpful Guide to Compensation for Hospital Negligence

A Helpful Guide to Compensation for Hospital Negligence

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    Hospital negligence refers to a situation where you are subjected to substandard care while in a hospital. Hospital negligence cases include situations where hospital staff fail to provide you or your loved one with the right standard of care leading to avoidable and unnecessary injuries, pain, trauma or other health complications.

    Pharmacy Negligence Claims

    There have also been incidents of death by hospital negligence as a result of GP negligence. When you or your loved one suffer such unfortunate incidents, you may have solid grounds to make hospital claims.

    Hospital Negligence Claims

    When you visit a hospital, you hope to get the highest standard of care possible. It may be an emergency situation or not, but whichever it is, you are entitled to receive quality healthcare and attention. Hospitals owe a duty of care to provide a globally acceptable standard of care to their patients and when they deviate, the results could be devastating.

    This may be a case of incorrect, late or missed diagnosis, unnecessarily delayed treatment, prescription errors among others which can result in lifelong health problems for the person. It is your right to file a lawsuit against a hospital when you have received negligent treatment.

    Why Should I Make Hospital Compensation Claims?

    Dealing with medical negligence damages arising from hospital negligence can be depressing for the sufferer and even close family members. Making hospital negligence claims for a deserved compensation can be one way to help you get back to the state you were in before the negligent treatment happened.

    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.

    Apart from the monetary compensation, making hospital claims most importantly makes the hospital being claimed against to make internal investigations and make the much-needed improvements so as to avoid such occurrences happening to someone else.

    Our specialist hospital negligence solicitors are of course very ready to assist and support you right from the initial consultation session where we will discuss with you and evaluate if you have a claim, throughout the entire claims process until you are compensated.

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    Examples Of Hospital Negligence

    There are different hospital neglect cases which could warrant making medical negligence claims against a hospital.

    These include the following:

    • 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

    Suing A Hospital For Medical Negligence

    Suing a hospital for medical negligence requires that you contact professional medical negligence solicitors who will guide you on how to sue a hospital for medical negligence. There are vital parts of medical negligence that have to be established in order to make a claim against a hospital.

    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 by proving just liability without establishing causation, the hospital negligence claim will not be successful. Both events have to be established for a hospital negligence claim to be successful.

    Hospital Complaints Compensation

    Although complaints do not yield a compensation, they can actually help you to understand really if you were negligently treated. By making complaints, you can express how you feel, your displeasure and ask for explanations. The response you receive will help you understand if you were negligently treated and then prepare 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, also presenting to them details of your earlier complaints. They will make further investigations in the matter and give you a response based on the outcome of their investigations.

    How To Claim For Hospital Negligence?

    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 actually 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 as a consequence 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 in order to understand the severity of damage suffered which will be very vital while negotiating a settlement fee.

    When you come to us to represent you, we will assign a personal medical negligence lawyer who will discuss with you, ascertain the strength of your claims and chances of winning. Not only that, we will 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, we will also secure interim payments, to help you with your financial needs before the final settlement fee is agreed.

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    How Much Compensation For Hospital Negligence?

    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 can claim for the following damages;

    General Damages

    General damages takes into account the severity of pain, injury, mental anguish or complication suffered as a result of medical negligence. Using our medical negligence claims calculator, we can give you a realistic idea of what you can expect as compensation for general damages.

    Special 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, among others as may be applicable in your case

    According to the NHS, 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

    Severity Of Injury Suffered Estimated Compensation Value
    Severe injury to the internal organs Compensation payout ranges between £60,000 to £100,000.
    Severe brain Injury Settlement fees for brain injuries can range from £180,000 to £300,000 depending on the severity
    Negligence resulting to Pelvic and Hip injury Injuries to the hip and pelvis attract between £50,000 to £85,000.
    Pain and suffering £1,000 to £200,000 depending on the degree of pain suffered
    Negligence causing Cerebral Palsy to baby Compensation award are usually above £500,000
    Orthopaedic injuries About £50,000
    Death  Hospital negligence resulting in death

    in the UK range from

    £12,000 to £300,000 depending on the circumstances surrounding the death

    Spinal cord injuries Moderate and less severe injuries range between £50,000 to £300,000 while very severe cases can be above £1 million
    Dental Injuries Dental negligence compensation award can fall between £1,020 to £1600 for minor damaged teeth 

    And between £27,940 to £91,350 where there is severe facial scarring

    Emotional distress A person can be awarded between £1,000 to £45,000 for mental anguish. This depends on whether the distress is minor, moderate or severe.

    No Win No Fee Health Claims

    Our firm has the best no win no fee solicitors in Liverpool and the rest of the UK. We offer you the chance to make your hospital negligence claims with no financial implications to you. With our Conditional Fee Agreement Policy, you do not have to pay us a dime to represent you. 

    From the initial investigations until the end of the entire claims process, you are protected from paying us any legal fees. Even if the claims are not successful, you will neither have to pay us nor the defendants as we take out an insurance cover to protect you from such financial risks.

    However, at the end of a successful claim, 25% of your compensation fee will be taken as a “success fee” for the work we have put in.

    Hospital Negligence Claim Time Limit

    As a rule, you only have three years starting from the date of negligent treatment or when you become aware of it. If the person dies 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. 

    We will be very willing to answer any questions you may have regarding this.

    Best Lawyers For Hospital Negligence

    When making NHS Clinical negligence claims against any NHS hospital or a private hospital, it is important that you choose lawyers who have the expertise in hospital negligence claims and who have a strong record of successful claims.

    You can do this by choosing solicitors who fulfil the following criteria;

    • Have accreditation in relevant associations including the Law Society’s Clinical Negligence Panel, Action against Medical Accidents (AvMA) and Association of Personal Injury Lawyers (APIL).
    • Having true and authentic online reviews from previous clients
    • Are known to have good relationship with their clients especially as you are going to have to be in constant contact with them for several months or years until the claims are settled
    • Able to communicate clearly and in plain terms to their clients
    • Offer No Win No Fee Services

    We are pleased to let you know that our solicitors are experts in this area and fulfil the above criteria and more. We ensure that you have the support you need in whatever way during this difficult period.

    Not only are our consultation sessions free of charge, you can be rest assured that you have the best medical negligence solicitors handling your case.

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