Hospital negligence is when an NHS hospital or private clinic provides you with medical care below acceptable standards. If you suffer an injury caused at least in part by someone else’s medical negligence, you may well be entitled to make a claim for compensation. 

With a hospital negligence claim, you are seeking compensation for the possible medical harm done to you by hospital staff. You can bring a hospital negligence claim against the NHS or a private medical provider. You make a medical negligence claim for the personal injury suffered in a hospital and the effects on your life.

Your personal injury solicitor seeks to recover damages through a claims process. If you or a loved one have been injured and your life impacted by an accident that was someone else’s fault, a claim for compensation seeks financial redress for the injuries and financial losses.

If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.

Hospital negligence claims

Table of Content

What is a hospital negligence claim?

A hospital negligence claim is when you seek compensation for a personal injury you suffer in an accident that is not your fault. You maybe be able to sue for damages when you suffer medical negligence in the A&E, on the wards, as an outpatient or when receiving surgical or cancer care. 

You might be able to claim compensation to cover the costs of injury due to hospital negligence and the effects of it on your life. You could be injured, suffer a misdiagnosis, or need further hospital care and have large medical bills to pay, but you might be able to claim compensation to cover your costs. 

The NHS or private clinic has a duty of care to those who use their hospitals, both as inpatients or outpatients. If they breach that duty of care and you suffer an injury, you might have a hospital negligence claim for compensation. 

A No Win No Fee personal injury solicitor can review your case and advise if you have a valid hospital negligence claim.

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Common hospital negligence claims

A hospital negligence claim is when you seek compensation for a personal injury you suffer in an accident that is not your fault. You maybe be able to sue for damages when you suffer medical negligence in the A&E, on the wards, as an outpatient or when receiving surgical or cancer care. 

You might be able to claim compensation to cover the costs of injury due to hospital negligence and the effects of it on your life. You could be injured, suffer a misdiagnosis, or need further hospital care and have large medical bills to pay, but you might be able to claim compensation to cover your costs. 

The NHS or private clinic has a duty of care to those who use their hospitals, both as inpatients or outpatients. If they breach that duty of care and you suffer an injury, you might have a hospital negligence claim for compensation. 

A No Win No Fee personal injury solicitor can review your case and advise if you have a valid hospital negligence claim.

Common hospital negligence claims

Accident and Emergency negligence claims

Accident and Emergency, A&E, negligence claims may be for delays in your treatment when you arrive in A&E or a misdiagnosis of your injuries.

You could be left unattended on a trolley when admitted in an emergency due to errors in hospital procedures. The delay could cause your condition to worsen and even put your life in danger. 

You may have a hospital negligence claim for compensation if you suffer a lack of care when in the A&E.

Surgical negligence claims

Surgical negligence claims could be for amputation of the wrong limb, errors in anaesthesia or damage to internal organs due to poor surgical practice. 

Any errors during surgery could have a lasting effect on your life. Internal bleeding puts pressure on your heart, a reduced oxygen supply can affect the brain and damage to nerves could take years to heal. 

The surgical team owes you a duty of care, and if you suffer a breach of that care, you could have a hospital negligence claim for compensation.

Misdiagnosis negligence claims

Misdiagnosis negligence claims can be for diagnosing stomach cancer as a digestion problem or giving you the all-clear when you have a broken bone in the hand. 

A misdiagnosis can happen in a hospital when a doctor does not read test results properly or does not spot a fracture on an X-Ray. A hospital misdiagnosis can have a devastating effect on your life and cause unnecessary suffering and distress. 

You might be able to make a hospital negligence claim if you suffer due to a misdiagnosis while in the hospital.

Hospital-contracted infection negligence claims

Hospital-contracted infection negligence claims can come from the hospital not following standard hygiene practices or not taking steps to prevent the spread of a known infection. 

MRSA and other antibacterial-resistant infections can be fatal to vulnerable patients. The hospital authorities should follow NHS guidelines to prevent patients catching one of the many life-threatening illnesses that spread in poorly-run hospitals. 

You may have a hospital negligence claim if you contract an infection while in hospital due to poor hygiene standards.

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Treatment errors negligence claims

Treatment errors negligence claims can be for when the hospital delays your treatment or gives you the wrong treatment for a condition when under their care. 

A treatment error could be too high or too low a dose of medication than necessary to treat a cancer or other infection. You could become very ill or miss valuable time fighting your condition if you suffer a treatment error while in the hospital. 

You might be able to claim compensation if you suffer hospital negligence with your treatment.

Early discharge negligence claims

Early discharge negligence claims are for when you are sent home too soon from the hospital. The hospital authority may be under pressure to find beds for incoming patients, but they could be negligent by discharging you too soon. 

If you are discharged too soon after surgery, you could suffer excessive bleeding or be vulnerable to infection. If you are not fit enough for discharge, you should not be sent home from a hospital.

A hospital negligence claim can seek compensation for an early discharge that causes you or a loved one harm. 

A No Win No Fee personal injury solicitor can make your claim for compensation if you have a hospital negligence claim.

Our Process

We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

Compensation for hospital negligence claim

In a No Win No Fee hospital negligence claim, you might be able to seek compensation damages ranging from a few thousand pounds to more than £10 million. How much compensation you can claim depends on the injuries suffered and the financial effect of those injuries on your life.

If someone else is responsible for your personal injury, you might be able to claim compensation from their insurance company.

Sample compensation amounts in a personal injury claim are as follows. Please note these are figures for the injuries only. Financial losses would apply in addition:

  • Minor scarring to the face, from £1,710 to £3,530
  • Loss of teeth, from £1,710 to £11,410
  • Moderate hip and pelvis injury, from £12,590 to £39,170
  • Severe shoulder injury, from £19,200 to £48,030
  • Fractures of the arm, from £6,610 to £19,200
  • Permanent mobility problems with legs, from £54,830 to £87,890
  • Severe back injury, from £38,780 to £160,980
  • Moderate brain injury, from £43,060 to £219,070
  • Paraplegia, from £219,070 to £284,260

(The figures given here are for General Damages amounts only. You might also receive compensation for any financial losses you suffer due to the personal injury. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)

There is not one fixed amount in personal injury claims. The circumstances differ from person to person and claim to claim, and the amount of compensation awarded is tailored to the circumstances of your claim. 

A No Win No Fee personal injury solicitor can give you an idea of what to expect from their experience in compensation claims.

Compensation calculator

What can you claim for compensation in a hospital negligence claim?

In a hospital negligence claim, you claim compensation for two types of damages: General Damages and Special Damages.

The amount of compensation awarded is the total of these two types of damages.

General damages is the claim you make for what is known as PSLA, or the Pain, Suffering and Loss of Amenity you experience directly from the medical negligence. 

Pain is that suffered as a direct result of the injury or any treatment for it. 

Suffering is the discomfort in your life as a result of the injury

Loss of Amenity is the disruption to your daily life, such as difficulty or restriction in walking, sitting, playing sports, and sleeping.

Special damages cover your past and future financial losses. These could include loss of earnings, care costs, medical treatment or specialist rehabilitation, aids, adaptations and any other out-of-pocket expenses you have or might suffer due to the medical negligence injury.

Loss of earnings is for income lost directly from being off work and any reduction in income expected from not being able to return to your current type of employment.

Care costs include the care needed to recover from the injury and any long-term care and treatment costs, whether provided by friends and family or professionally.

Out-of-pocket expenses are for your medical appointments, travel and accommodation and any other costs incurred after the injury.

Compensation is awarded to cover all losses, including loss of life, medical expenses and long-term care needs arising from the injury in a medical negligence case.

You need records such as payslips, all day-to-day receipts, and any other paperwork showing your losses from the injury.

A No Win No Fee solicitor handles your medical negligence claim and seeks the compensation you deserve.

Who is eligible for compensation in a hospital negligence claim?

You might be eligible for compensation in a hospital negligence claim if you suffered due to a breach of care by the hospital. 

If you are injured due to delays in treatment, a misdiagnosis or poor medical care, and it was not your fault or only partially your fault, you may have a hospital negligence compensation claim. 

You may also be able to claim compensation on behalf of a loved one if they are too sick to make the claim themselves. Your solicitor can talk you through the process and help you make the hospital negligence claim for a sick loved one. 

If your child is aged under 18 at the date of the hospital negligence, you can bring the claim against the NHS or private healthcare provider on their behalf. A parent, guardian or trusted loved one, usually a close relative, can become a litigation friend who represents the child in discussions with a solicitor. The litigation friend can make decisions on the child’s behalf and be involved in every step of the process. 

A child has until they turn 18 to make a hospital negligence claim. Once your child turns 18, they have another three years, until they turn 21, to make their own claim for personal injury, providing one has not already been made. 

If you or a loved one passes away, any dependents may be able to claim compensation. They may be able to claim compensation if the loved one dies due to hospital negligence that was not their fault or only partially their fault. 

A dependent is defined as:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

If you are one of the listed above, you may be defined as a dependent if you were partially or fully financially dependent on the person who dies due to hospital negligence. 

You may have a claim for compensation if you are a dependent of someone who passes away due to hospital negligence.

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Who is responsible for a hospital negligence claim?

The NHS Trust, which runs the hospital, can be responsible for a hospital negligence claim. A tired doctor, a poorly-trained nurse or a surgeon doing surgery at the end of a busy day might cause your injury, but the NHS as their employer, is responsible for the compensation claim. 

Medical negligence is treatment by a medical professional that is below acceptable standards. If you experience medical treatment in a hospital that another professional doctor would not provide, you may suffer hospital negligence. 

The private hospital or clinic where you are a patient may also be responsible for the negligence. It could be that the hospital employed a doctor or nurse not qualified for the work involved, and you suffered medical negligence as a result. 

Any NHS hospital or private clinic that does not practice good hygiene standards may also be responsible for medical negligence. 

If the NHS hospital does not follow accepted guidelines for patient treatment, it may be responsible for medical negligence. NICE guidelines outline how a patient should be treated, and a breach of those guidelines could be hospital negligence. 

Your No Win No Fee solicitor can help you make a claim against those who could be responsible for your hospital negligence.

Who is responsible for a hospital negligence claim

What are the steps in making a medical negligence claim?

To make a claim for medical negligence compensation, there are usually a few standard steps to follow. We will guide you through the entire process from first contact through to the conclusion of your claim.

Instruct a No Win No Fee medical negligence solicitor as soon as possible. A solicitor can look at your case and see the extent of your injuries and how it might form a medical negligence compensation claim.

Only a No Win No Fee medical negligence solicitor will have the experience and the team to handle your claim. They will know what your claim may be worth and how to get the best results for you.

You may require medical treatment or investigation if you have suffered an injury due to medical negligence. It is important that the nature and extent of your injuries are contemporaneously recorded in your medical records.

This may be in a consultation with your GP if you have less severe injuries which do not require immediate treatment but do not clear up in a reasonable timeframe. You may need investigations, referral to a specialist, or maybe physiotherapy.

Of course, in a serious or life-threatening medical negligence claim, you will attend A&E, and the hospital medical records will detail your injuries and treatment.

The solicitor gets all details and evidence to support your case in the next step of the claims process.

Your Personal Injury Team solicitor will speak to you and obtain a detailed description from you of what happened, all injuries suffered, and the financial losses you sustained.

An experienced medical negligence expert will assess the case. If they confirm you have a valid medical negligence compensation claim, they can discuss the next steps in the process with you and answer any of your questions.

The solicitor submits the claim for medical negligence to the NHS Trust, GP Clinic or private medical provider who may be responsible for your injury. Your solicitor submits the claim by writing to the negligent party to outline your possible claim.

The negligent party has to give a written response to your solicitor’s letter within twelve weeks of receiving it.

Your Personal Injury Team lawyer will advise you of the time limit applying to your case and what to expect during the process.

Getting the response from the negligent party informs your medical negligence solicitor how the case is likely to proceed.

The negligent party can either admit liability in the case or state that they intend to defend it.

When the negligent party decides to defend the case, it is known as ‘denying liability’ in legal terms.

If the negligent party admits liability, which often happens, your medical negligence solicitor will obtain medical evidence. You may need to have a consultation with a medical expert that your solicitor will arrange. Once completed, medical evidence and details of your financial losses will be sent to the insurer of the negligent party.

The negotiation period then starts, often resulting in the settlement of your claim. You would be closely involved in this process and given expert advice throughout – no compensation would be agreed upon without your authority.

In very large claims, you are likely to have to see a number of medical experts over a longer period. When the injuries suffered are significant, it can take a long time until the final prognosis is known. Your solicitor will advise you on the likely timescales and when, tactically, will be the best time to enter settlement discussions with the defendant.

Often, claims for life-changing injury will be negotiated at a “settlement meeting” with the defendants. The two sides may meet, and during the meeting, your case will be outlined, and negotiations will take place.

You would be at this meeting and be closely involved in this process, and no settlement would be agreed upon without your authority.

At this stage, your solicitor, and sometimes a barrister, will handle the meeting and advise you on what is on offer and what level of compensation to accept.

Going to court is the final step if the negligent party does not accept responsibility for the medical negligence or if the negligent party admits liability but refuses to pay a fair amount to you in compensation.

Issuing court proceedings is handled by your solicitor.

Although court proceedings are started in some cases, very few medical negligence cases make it to a court case before a judge. The vast majority will settle before having to issue court proceedings, and even where proceedings are issued, few cases end up at a trial.

Your Personal Injury Team solicitor will advise you through the entire process from start to finish.

steps in making a medical negligence claim

No Win No Fee medical negligence solicitor

A No Win No Fee medical negligence solicitor should be your only choice when making a claim. Your No Win No Fee medical negligence solicitor fights your case and does not take a fee if you do not win.

A No Win No Fee solicitor only charges you for winning the case, and you can agree to all the terms before the claim begins. The insurance company may pay some of the legal fees, and a No Win No Fee solicitor will agree with you on how much of the shortfall might come from your compensation.

It is usually a percentage of up to a maximum of 25%, although the deduction may be nothing in larger cases.

You should be cautious about instructing a solicitor who does not have experience with medical negligence cases and who will not agree to take your case on a No Win No Fee basis, as you could end up with a large bill if your claim fails. 

An experienced No Win No Fee solicitor handles your medical negligence claim to try and get you the compensation you deserve.

No Win No Fee personal injury solicitor

How long do I have to make a claim for medical negligence?

You have three years to make a medical negligence claim for compensation. The three years usually begin from when you suffered possible medical negligence.

Medical negligence compensation claims must generally be brought and court proceedings issued within three years of the negligence.

If a loved one has passed away, the family can start a medical negligence compensation claim within three years of the date of death.

There is no time limit for medical negligence claims for those who lack mental capacity.

Your No Win No Fee medical negligence solicitor will know all claim limits and how to make a possible claim within your time limit.

Are you eligible for compensation?

If you want to pursue damages for the accident you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team
  • Our team of claim specialists will undertake a full case review
  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Will I have to go to court for my claim?

You are very unlikely to have to go to court to make your claim for hospital negligence compensation.  

If you follow our advice, the claim process usually goes smoothly, and the vast majority of claims will be settled long before court proceedings are needed.   

Our medical negligence team will fight your case. Even if court proceedings must be issued because, for example, the defendant unreasonably denies liability, the case is still unlikely to have to end up at a trial. 

Very few compensation claims require court proceedings, and even fewer, less than 1%,end up at trial.

Find out how much you can claim for today

Find out how much you can claim for today by using our online assessment tool. It will give you an idea of what you might be able to claim for and what compensation you might be able to expect in a medical negligence claim.

Compensation amounts are guidelines only on what to expect from your claim. Our solicitors can advise you using their expertise and experience and can quickly tell you if you have a valid medical negligence claim and what to do next.

Our team of No Win No Fee medical negligence solicitors can take your case to seek the compensation you deserve. We have the experience to handle your claim for compensation and see it through to a successful conclusion, whether the claim is worth £1,500 or more than £10,000,000.

Take our online assessment today to get an idea of claim amounts and what you could be due for the pain, suffering and impact on your life.

Contact your Personal Injury Team today for immediate expert advice tailored to you.

how much can you claim for personal injury