Hospital negligence compensation claims

What are the main types of hospital negligence claims?

There are many things that can go wrong during a hospital stay. For this reason, there are many types of claims. Some common reasons for claiming compensation for hospital negligence include:

• Being given the wrong medication or dosage
• Being misdiagnosed
• Errors during surgery
• Substandard level of care during childbirth that resulted in complications
• Suffering from needle-related injuries
• Anaesthetic complications
• Hospital-transmitted infections such as MRSA
• Delayed treatment of serious conditions such as cancer, stroke or diabetes

Please don't worry if your experience isn't included here. It's very likely we'll still be able to help you.

What are the main types of hospital infection?

If the proper safety and hygiene procedures aren't followed in hospitals, infections can spread quickly. Some of these can have serious consequences and be life-threatening in the worst cases.

There are many types of infections you could contract during a hospital visit, such as:

• Bacterial infections like MRSA and Clostridium difficile (also called C. difficile)
• Viral infections such as norovirus
• Infection of surgical wounds
• Urinary tract infections
• Infections of the bloodstream
• Infections of the skin and soft tissues
• A failure or delay to specialist referral

Hospitals and staff should always take action to prevent these infections from spreading or coming into contact with patients or visitors. If you contracted an infection during hospital treatment due to substandard hygiene, you may be able to claim hospital negligence compensation.

Can you sue a hospital for malpractice in Accident and Emergency?

A visit to A&E is usually unexpected and can be a very stressful experience. After a sudden injury or health problem, A&E is usually the first place most people turn to for help.

A&E departments are busy 24 hours a day. We all know how tirelessly doctors, nurses and hospital staff work to make sure every patient is treated in the best way possible.

However, when mistakes do happen, they can be life-altering. If you've been injured due to negligent treatment in A&E, we can help you explore the options you have to help make things right.

Whether your condition was made worse by delayed treatment, misdiagnosis, mistakes in drug dosage or any other form of medical negligence, we can help you get the support, apology and compensation you need.

If you're unsure whether you can claim compensation for hospital negligence, you can get in touch with us for free, impartial advice on . We're here to answer your questions and can let you know whether or not you may have grounds for a claim.

Has hospital negligence affected your mental health?

Hospital negligence can impact not only your physical health but your mental health too. In fact, our Make It Right campaign revealed that 72% of people who have experienced an accidental injury said their mental health was affected after their accident. The most common issues experienced were stress and anxiety - and 62% of people said their psychological recovery took longer than expected.

To gain a deeper understanding of the psychological impact of accidental injuries, we spoke to clinical psychologist Dr Claire Freeman.

Who is eligible to make a hospital negligence claim?

Everyone has the right to make a claim if they've been harmed by something while staying in hospital. If you or a loved one has experienced substandard care leading to injury, harm or medical complications, you may be able to claim for hospital negligence compensation.

Sometimes injuries caused by hospital negligence are immediately obvious. An investigation by the hospital itself and/or via a compensation claim will decide whether clinical negligence caused it.

However, some cases aren't immediately obvious. For instance, long-term misdiagnosis or mistreatment can mean the damage goes unnoticed for months  or even years.

Whatever the circumstances of your hospital negligence incident, come and talk to us when you're ready on . We'll give you clear and impartial advice that will help you explore your options.

We'll then leave you to decide whether you'd like to go ahead in your own time. If you want to take the next steps, we can put you in touch with a specialist hospital negligence lawyer from our carefully approved nationwide network. They'll be happy to answer your questions and will work hard to get the best outcome for you.

If you don't feel ready to speak to us, you can try our online hospital negligence claim checker. It'll quickly tell you whether you could make a claim in five simple steps.

Can I make a hospital negligence claim for someone else?

If someone you care about has suffered due to negligent treatment, we understand that you'll want to make it right. While we can't take away the injuries or pain they may be suffering, we can help them get compensation and an apology for what they've been through.

If possible, we would need to speak to the person who suffered from hospital negligence to confirm their consent for you to claim on their behalf. However, we know that this is impossible in certain situations - for instance, if that person is unable to speak or doesn't understand that you are seeking compensation. If your loved one lacks the mental capacity to claim themselves, you might be able to make a hospital negligence claim 

Unfortunately, some hospital negligence cases can be fatal. We know that we can't take away the loss and pain you will be experiencing but we can help you get some financial support. The compensation you receive could go towards funeral costs, legal expenses and any other costs you are facing.

Can hospital negligence claims be made on behalf of a child?

Yes of course. You can make a hospital negligence claim on your child's behalf any time up until their 18th birthday. After this date (if no claim has been made), they can make their own claim as a young adult at any time up until their 21st birthday. Once the claimant turns 21, they have three years in which to start court proceedings.

Time limits to make a hospital negligence claim

In most cases, you can bring a claim up to three years from the date of the negligence incident or the date when you first noticed the effects of it, whichever is later. This means you need to have begun court proceedings or settled your claim within that time.

The panel of hospital negligence solicitors we work with have an official admin procedure to follow when submitting your claim. If you are nearing your expiry deadline, we urge you to call us on while we still have time to help.

There are certain circumstances where the three-year time limit doesn't apply. For instance, if you're considering claiming on behalf of a loved one, whether an adult or child, who no longer has full mental capacity following a hospital negligence incident, there are usually no time limits for lodging a claim. The only exception to this is if the person regains mental capacity, even for a brief amount of time. In this case, the three-year time limit will begin and court proceedings need to be started before the deadline.

What evidence do I need to make a hospital negligence claim?

For your claim to be successful, you need to prove that the treatment you received fell below an acceptable standard of care and caused avoidable harm. Evidence that could support this includes:

• Copies of medical records from where the negligence took place
• Opinions from independent medical experts
• Records of expenses you've incurred because of the negligence
• Witness statements from those present or family members who have seen your suffering

Your hospital negligence lawyer will support you in gathering the evidence needed and guide you through every step of the claims process.

How much compensation is awarded for hospital negligence?

Many people ask this question but there is no quick answer. The amount of compensation you receive depends on the complexity and severity of your case.

The specialist solicitors for hospital negligence in our network will work hard to understand the impact your injury or experience has had on your life and will consider this when building your claim. Here are some of the things your solicitor and legal team will look at to work out how much compensation you could receive, split into general damages and special damages.

General damages

This is compensation awarded for:

• The pain and suffering caused by your incident.
• Loss of amenity (meaning you can no longer carry tasks and activities that you could previously).

Special damages

This applies to:

• Any financial support you need to help pay for medical equipment, treatment, medication or rehabilitation, as well as any necessary changes to your home.
  
• The time off work you had to take due to your incident or if you needed to find a new job. This is to ensure your compensation covers earnings you may have lost during recovery.

Your hospital negligence lawyer will consider all this when negotiating your compensation. Aside from the support this compensation can give you in your recovery, it can also help highlight hospital safety issues so other people don't suffer in the same way.

For more information about making a claim - or to find out how we can help you - get in touch for free on .

Can hospital negligence claims be made against the NHS?

Yes, they can. If you received incorrect, delayed or substandard treatment at an NHS institution, then you can absolutely claim for hospital negligence compensation.

All claims made by NHS patients are handled by a specialist health service insurer called NHS Resolution. In its 2023/24 Annual Report, official figures show that, across all types of medical and hospital negligence, the NHS received 13,784 medical negligence claims.

Many people worry that the compensation they claim for hospital negligence takes money from the NHS budget. Don't worry, though - this is not the case. Every NHS Trust in the UK pays an annual premium to NHS Resolution so there is a separate pot of money to settle medical negligence claims.

Can I still use the NHS if I make a hospital negligence claim?

Yes, you can still use the NHS if you claim for hospital negligence compensation. The NHS has a duty to continue to provide you with treatment and will not refuse to treat you because you're making a claim.

However, it's only natural to lose trust in a hospital or doctor that's given you negligent treatment. If you feel uncomfortable, you can ask for your care to be transferred to a different healthcare provider.

Can hospital negligence claims be made against private providers?

Absolutely - you can make a compensation claim for hospital negligence against a private healthcare provider. As stated by the General Medical Council, all doctors must “provide a good standard of practice and care” for all patients, “keep [their] knowledge and skills up to date” and “work within [their] competence”.

Whether you have received treatment privately or via the NHS, you are entitled to adequate medical care. If substandard treatment has caused you further injury or suffering, you can make a claim for compensation.

Claiming against a private provider works slightly differently from NHS claims. This is because all private healthcare institutions have their own liability insurance to cover any hospital negligence claims brought against them. This can mean that private claims take a little longer to resolve - your solicitor or legal team will be able to advise on timeframes once your case is in motion.

For guidance on how making a private hospital negligence claim is different, call and our advisors can talk you through each stage of the process.

How much do hospital negligence cases cost?

We specialise in ‘no win, no fee' agreements - also known as conditional fee agreements. The lawyers for hospital negligence in our network will almost always work on a no win no fee basis. This means you'll only pay our fee if your claim is successful.

A no-up-front-cost insurance policy will be taken out before starting your claim which is designed to protect you from costs and expenses throughout your compensation claim. So, if your claim is unsuccessful, you won't have to pay legal fees or expenses.

If your claim is successful, fees will be deducted from the overall settlement that you're awarded. Some lawyers might claim their fees to be around 25%, but there are often extra costs like VAT and insurance. But don't worry, the panel of lawyers we work with are open and honest about their fees and all this will be explained to you before you start your claim, ensuring there are no surprises about what you're likely to take home.

Your hospital negligence solicitor or legal team will also let you know if, for some reason, a no win no fee arrangement can't be used to run the claim. This happens very rarely but, if it does, they'll explain clearly and quickly so you can make an informed choice about what you want to do next.