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Whether in the NHS or in a private hospital, the right standard of care is expected. You may be able to make hospital negligence claims for you or your loved one.
Every patient is entitled to receive the best possible medical care for their ailment. While most medical professionals and hospital staff strive to provide quality care to most patients, there are instances where they can fall short. When errors occur, resulting in avoidable harm and injury, hospital negligence claims come into play.
Hospital Negligence Claims refer to when a person takes legal action against a hospital or any of its staff for substandard care received, which may have led to unnecessary pain, suffering, complications or loss of amenity.
The compensation awarded in hospital negligence cases; mostly depends on the severity of injury suffered as a result of the hospital’s negligence. Read on to learn more about this.
Hospital Negligence: What Is It?
We can describe hospital negligence as when you receive care or treatment that is below acceptable medical standards causing you pain and suffering. In other words where an individual suffered an injury or avoidable pain or complication because the medical staff failed to do what is required of them and at the right time.
Hospital staff owe a duty of care to their patients and when they breach this duty of care, medical negligence has occurred. This is where a person can consider claiming against a hospital for the harm done to them by the actions of medical professionals.
Most common forms of Hospital negligence claims
Malpractice in the hospital can take on different forms. Here are some of the most common types of hospital negligence;
- Incorrect, late or completely missed diagnosis of patient’s condition
- Delayed or incorrect treatment
- Delayed tests so as to make correct diagnosis on time
- Delayed surgery
- Other surgical errors include- forgotten instruments inside the patient, wrong site surgery, performing the wrong surgery
- Mistakes during drug prescription or dosage administration
- Negligence during childbirth leading to avoidable birth injuries or complications for mother and/or child
- Delays in referring patients to a specialist or completely failing to do so
- Negligence in the A&E department
- Skin and soft tissues infections
- Infections of the bloodstream
If you or your loved one has been in such conditions as these or other related forms of negligent treatment at any NHS Trust or at a private hospital, you may reach out to us for a FREE claim assessment to see if we can put you in touch with our partnered expert medical negligence solicitors to help you with your potential hospital negligence claims.
What are some examples of hospital negligence?
Our partnered expert law firms have undertaken different claims against hospitals which include;
- Cancer Misdiagnosis claims
- Accident & Emergency claims
- Birth injury claims
- Surgical negligence claims
- Cauda equina negligence claims
- Erb’s palsy negligence claims
- Care home neglect claims
- NHS negligence claims
- GP negligence claims
- Failed sterilization claims
- Wrongful death claims
- Mental health negligence claims
- Pharmacy negligence
- Dentist negligence claims
- Cosmetic surgery claims
You can always reach out to us via our helplines on 0800 644 4240 or fill out our online for to see if you qualify for a FREE claims assessment.
Why Should I Make a Negligence Compensation Claim Against a Hospital?
Some people may be hesitant to sue a hospital. Others may lack awareness of their rights or simply have zero knowledge on how to initiate hospital negligence claims.
It is important for you to know that you should never have to suffer because of medical malpractice. Medical professionals have a duty of care to ensure that their patients receive the best possible care.
Here are some reasons why you could make Hospital Negligence Claims;
- It is your legal right to do so. You have the right to receive quality care from your doctor or other medical professional. If they breach their duty of care towards you, you may be able to make a claim.
- When you make a claim against the NHS or any private hospital, it is an opportunity for the establishment to look inward and make adequate investigations, as well as take necessary steps to avoid a recurrence of the negligent act. That way another person will not have to suffer the same pain or injury.
- Suing a hospital for clinical negligence is a way you can claim a deserved settlement for your pain, trauma or loss of amenity. Such monetary support will be very valuable not only to provide you with access to further medical care to aid your recovery, but also to ensure you are not financially handicapped going forward. Also, if you have dependents, they will not also have to suffer if you are not able to return to work.
Who is eligible to sue a hospital for negligence?
Anyone who has been affected by the consequences of medical errors may take legal action against a hospital. Beyond the physical harm suffered, there may also be emotional, social, psychological and financial damages which can change a person’s life permanently.
Whether it’s a private practice or the NHS, you may be able to claim monetary support to help you access further medical care and recover financially.
Steps to Take if You Have Experienced Hospital Negligence
For you to make a successful claim for negligence in a hospital, you should be able to provide undeniable proof that the hospital failed in its duty of care to you, and you suffered an injury as a result of their mistakes.
The important elements of every compensation claim are;
- Duty or responsibility of care: You should be able to prove that the hospital had a duty to care for you.
- Breach of duty: Establish that the hospital failed to provide you the needed care as required and so failed in their duty.
- Causation: Here you provide evidence to show that it was the substandard care the hospital provided you that caused you harm. This is a very vital element in a medical claim process. If you are not able to prove this, your claim will not be successful.
- Damages: Show how much damages you have incurred or suffered as a result of the injury you suffered. This will not just be physical damage but also financial, social, emotional, etc.
Evidence Required to Prove Hospital Negligence
If you decide that you would like to make a claim, you will be required to collect some documents to strengthen your claim. Your solicitor may assist you to get these documents. For instance, they may write to relevant authorities on your behalf, to request access to any document needed for the claims process.
These will include but not limited to;
- A comprehensive statement of what transpired, the hospital staff involved, dates of medical appointments, type of negligence suffered, etc. This will help us understand how best to approach your case.
- Your medical records, doctor’s notes, test and scan results.
- Statement from witnesses (family or close friend).
- Pictures (where relevant).
- Evidence of financial losses suffered including out of pocket expenses since the medical error happened.
- Report from a specialist independent medical expert after performing a medical examination on you. This report will help us understand if another medical expert thinks there was medical negligence and the extent of injury suffered.
Is it Possible to Make a Compensation Claim on Behalf of Someone Else?
We understand that sometimes, the victim of medical malpractice may be unable to sue the hospital by themselves. For instance, if the person suffers from dementia, brain injuries or they have died as a result of negligent treatment, a loved one may make a claim on their behalf.
In most cases, you will be required to show proof that you are the next of kin before a medical negligence solicitor takes up your potential claim.
If your loved one has been incapacitated as a result of negligence, you have the opportunity to get justice on their behalf. Reach out to us today.
Making Claims Against a Hospital on Behalf of a Child
As a parent or guardian, you may be able to make a claim on behalf of the child who is under 18 years. This is classes as a ‘litigation friend’. In cases where the child has reached adulthood, then they might be required to bring their claims themselves.
However, if your adult child is also unable to make claims because they have suffered severe injuries, you can make claims on their behalf.
What Is the Time Limit for Making a Hospital Negligence Claim?
Normally, you would have three years from the date of knowledge of negligent treatment to make a claim. This is according to the Limitation Act of 1980, Bringing claims after this time will make them statute barred.
However, there are some exceptions which include if the victim is a child. You as a ‘litigation friend’ have up until the child is 18 to make a claim or if the person is unable to make claims as a result of the serious nature of the injury suffered. The Child once turned 18 has three years to make a claim for themselves.
We recommend that you bring your hospital negligence claims as soon as possible because it is a lot easier to pursue when they are started early enough. And within the time limits for making claims.
How Much Is My Hospital Claim Worth?
The amount of compensation you may receive for a compensation claim will largely depend on the severity of the injury and the amount of financial losses incurred. Additionally, future estimated financial expenses are also taken into account when deciding settlement payouts.
In the UK, the average compensation amount for a medical negligence claim is £50,000. However, the compensation amount can be lower or much higher depending on some of these factors mentioned below;
- How severe your injury is – pain and suffering
- Impact of your injury on your ability to return to work
- Cost of further medical treatment or surgery
- Therapy and rehabilitation costs
- Cost of special equipment as may be required to aid your recovery
- Cost of hiring caregivers
- Accommodation adjustments costs if required
Seek Legal Advice from Experienced Medical Solicitors
If you or your loved one has suffered avoidable injury or pain as a result of a negligent healthcare professional, contact us for a free assessment of your potential hospital negligence claims.
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.
Contact us today via our helpline via 0800 644 4240 or fill out our FREE online form to get started with your potential claim.