Did you need guidance about making a hospital negligence claim? Were you harmed after staff in an NHS or private hospital failed to deliver the correct standard of healthcare? If so, this guide details your options for seeking compensation for medical negligence.
You’ll find useful information on how claims are calculated and what evidence can be used to build the foundation of a medical negligence claim. We also explain the time limits that apply and whether your claim may or may not need to go to court.
Our guide finishes with a detailed explanation about working with specialist medical negligence solicitors to seek compensation. The ones on our panel offer No Win No Fee type agreements to help people launch legal action. They could provide this option to you:
- Ring us on 0800 408 7826 to discuss your hospital negligence claim now.
- Reach out to us online through this Contact Us option.
- Start the conversation through the chat bubble below.
Jump To A Part Of Our Hospital Negligence Claim Guide
- Average Compensation For Hospital Negligence
- Common Reasons Why Patients Claim Compensation
- Claiming Against An NHS Hospital Vs Private Hospitals
- How To Start A Hospital Negligence Claim
- How Our Panel Of Solicitors Can Help
- More Information
Average Compensation For Hospital Negligence
The term, ‘average’ cannot really be applied to compensation awards. Every claim has factors that set it apart from others and as such, any compensation awarded will always differ. Online compensation calculators may seem to provide instant ideas about damages, but they are not always reliable figures and can omit essential areas of the claim. The best way to ensure all the relevant details are included in calculating your claim for hospital negligence compensation is to speak to our advisors first.
How Claims Are Calculated
Typically the calculation process for a hospital negligence claim can focus on two areas called general and special damages. General damages apply a monetary sum for the person’s physical and psychological harm. To reach this figure, those involved in the calculation process may look at medical reports and publications like the Judicial College Guidelines (JCG).
This document provides compensation guidelines for various injuries. Below is an excerpt from the JC Guidelines relating to the sort of injuries that might occur after negligent care in a hospital:
Compensation Guidelines
| INJURY | HOW SEVERE? | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| More than one type of harm plus Special Damages | Serious | Up to £1 million plus | Where the patient experiences more than one serious form of harm and receives a special damages award for lost earnings, care costs and medical bills. |
| Brain damage | Very severe (a) | £344,150 up to £493,000 | Cases where severe and permanent disability arise and the personal is wholly dependant on others for all needs. |
| Moderate (c) (iii) | £183,190 up to £267,370 | An intellect deficit, personality change and increased risk of epilepsy with employment prospects ruined. | |
| Bowels | Double incontinence (a) | Up to £224,790 | Instances where the patient suffers a complete loss of natural bowel function and urinary control with other possible complications. |
| Complete loss of natural function (b) | Up to £183,190 | Awards here are guided by the age of the injured person and whether a colostomy is needed. | |
| Kidney | Serious and permanent damage or loss (a) | £206,730 up to £256,780 | Forms of harm that impact both kidneys. |
| Significant (b) | Up to £78,080 | Where a significant future risk of urinary tract infection is present, or cases where a complete loss of natural kidney function occurs. | |
| Bladder | Serious (c) | £78,080 up to £97,540 | Seriously impaired control with some incontinence and pain. |
| Spleen | Complete loss (a) | £25,380 up to £32,090 | Where the spleen is lost and a continued threat of infection is present due to suppressed immune system. |
| Psychological Harm | Moderate (c) | £7,150 up to £23,270 | Despite initial serious forms of mental health damage, the person improves by the time a trial may occur. |
It is essential to note that these figures are guidelines only and that the first-line entry does not come from the JCG. As stated, the best way to get a more accurate idea of the worth of your hospital negligence claim is to contact our team.
Common Reasons Why Patients Claim Compensation
The repercussions of medical negligence can cause severe disruption in a person’s life. They may be unable to work or look after their children. Or a sudden influx of medical costs may arise. Compensation can be a way to confront these issues. Whilst money may not address every form of harm, it can make the future easier to face.
It’s useful to know that the NHS sets aside a designated sum to deal with compensation claims. So if you have concerns about suing an already over-stretched NHS, know that the award will come from this budget, not frontline services. Also, surgical errors or medical treatment must be called out to prevent others from being harmed.
Claiming Against An NHS Hospital Vs Private Hospitals
There is no great difference between starting a medical negligence claim against the NHS or a private healthcare provider. Both are bound by a similar duty of care to provide healthcare that meets certain professional standards. The only major difference is that the NHS pays the compensation award, while a private clinic claims on its insurance to pay the damages.
How To Start A Hospital Negligence Claim
Any person seeking medical attention is automatically owed a duty of care by the healthcare professionals treating them. The foundation of a valid medical negligence claim rests upon establishing the following:
- You were owed a duty of care
- A medical professional breached this duty
- You suffered avoidable harm as a result
If you can show the above criteria, you have a claim. If you have any questions about a hospital negligence claim, speak to our team.
We now look at some actions you can take to start constructing a hospital negligence claim:
Gathering Evidence – What You Need To Prove Your Claim
Evidence gives your hospital negligence claim a greater chance of success. You need to draw together proof that a professional standard of healthcare was not met and that you suffered harm because of this. The following can help:
- Medical records that underline the harm you suffered and detail important dates such as when you first became ill and first received treatment.
- Copies of relevant X-rays, scans or blood test results.
- Photos of the visible harm.
- Reports from independent specialists confirming you suffered harm.
- Contact details of witnesses who saw the medical negligence taking place. They could provide a statement to a solicitor if you appoint one.
There may be other specific documents that prove medical negligence in your case. Find out how a solicitor from our panel could help you gather them together and submit your best claim.
Medical Examinations
An independent medical examination can provide an overall report on your health. It’s typically non-invasive and straightforward. This report is used as solid evidence in your hospital negligence claim. If you decide to place your eligible claim with a solicitor from our panel, they can arrange a medical examination at a time and location suitable to you. Call for more details.
Timelines
Under legislation called the Limitation Act 1980, there is a three-year time limit for starting a medical negligence claim. The period commences from the date of injury. Or the date when it is reasonable that you first connected negligent care as the root cause of your harm. Exceptions apply:
- Time limits are paused for minors until they become 18. Then, the three-year limit starts.
- Time limits are frozen for those lacking mental capacity. The three-year period starts from the date that any mental capacity is restored.
- Both groups may be given the option to appoint a litigation friend to start the claim immediately, typically a family member. This allows a claim to begin straight away but cancels out any future action on the claim at a later date.
Speak to our advisors if you have any queries or questions about time limits and the role of litigation friends.
Will I Need To Go To Court?
Frequently, it is not necessary to attend a court hearing or trial. The defendant (the NHS or private clinic) may accept liability for harming you and settle. However, it is important to be prepared for a claim to go all the way to court if necessary. And it’s here that the support and expertise of a skilled medical negligence solicitor from our panel is most valuable.
In addition to being with you throughout the claims process, they can often negotiate effectively to reach an agreement before going to court. As well as provide expert advice on when to accept any favourable compensation offers made along the way. Call our advisor team to see how they can help you like this.
How Our Panel Of Solicitors Can Help
The solicitors on our panel provide an array of excellent legal services via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Usually, under terms like this, the following applies:
- No immediate solicitors fees.
- No solicitors fees for work performed going forward.
- No solicitors fees at all if the outcome of the claim is unsuccessful.
- Only a reduced and legally restricted percentage is deducted at the close of the claim.
- This ‘success fee’ is paid to your solicitors, but because it’s capped, you always receive the majority of the compensation awarded.
If you would like to access outstanding legal representation in a way that does not add to your financial burden right now, speak to our advisors. After a brief and informal case check, they could direct you to an expert medical negligence solicitor from our panel to start your claim today:
- Ring us on 0800 408 7826 to discuss your hospital negligence claim now.
- Reach out to us online through this Contact Us option.
- Start the conversation through the chat bubble below.
More Information
- More about personal injury claims in general here.
- Also here we discuss how much compensation for negligent treatment can apply.
- In addition, read about psychological damage as part of your claim.
External help:
- Read about how NHS Resolution settles claims for medical negligence.
- Also, here is the duty of care standards a medical professional should follow.
- Lastly, how to complain about the private healthcare you received.
In conclusion, we hope this guide on making a hospital negligence claim has provided you with useful information. Reach out to the team if we can assist further with medical and clinical negligence compensation questions.