Private hospital negligence compensation claims

Private healthcare negligence is an umbrella term given to negligence that takes place within the private healthcare sector. It is when a substandard level of care has been provided to patients by healthcare workers. 

Here are examples of private healthcare negligence:

• Private hospital negligence
• Private GP negligence
• Private dentist negligence
• Private medical misdiagnosis
• Private physiotherapy negligence
• Private plastic surgery negligence
• Private optician negligence
• Private paediatric negligence 

Hospitals provide a wide range of treatments across various sectors, from A&E to gynaecology. We rely on them heavily when we are critically injured or unwell, as well as for routine check-ups and other appointments. 

Unlike the NHS, which is a free service funded through central taxation, private hospitals involve a fee for the service received.

Some patients are referred to private hospitals by the NHS, to avoid NHS waiting lists. The COVID-19 pandemic and funding issues have heightened this trend. Statistics show that in 2022, private hospitals in the UK treated a total of 820,000 inpatients and day case patients, which is a record figure. People seek a high-quality service in comfortable conditions when visiting a private hospital and their expectations are generally greater. 

Unfortunately, private hospital negligence still happens. Hospital negligence arises when a patient receives substandard care while in hospital. Private hospital negligence claims cover instances where this has happened in private institutions as opposed to those run by the NHS. 

Sometimes, private healthcare negligence can lead to life-changing injuries. If a healthcare provider has given you substandard care, and you can prove this, you could be eligible to make a claim. 

You should bear in mind that the process works a little differently to making a claim against the NHS. For example, tracing the organisation that owns the private hospital might not be straightforward. On top of this, private healthcare institutions have liability insurance in place to cover claims brought against them, which can make the process longer. Not all healthcare providers will be employed by that specific hospital either, which means you'd need to redirect your claim to their employer or the insurance company they're covered by.

Often, receiving medical treatment at a private hospital means you will sign a contract that outlines the terms and conditions. If these aren't met, you may have a valid claim using the contract as leverage.  

Private hospital negligence is a phrase used to encompass various forms of negligence that take place in a private hospital. Medical negligencein private hospitals is an example of this. It is defined as medical malpractice when a healthcare professional fails to execute their duty of care. 

A private healthcare lawyer may be able to help you with a claim for compensation if you have experienced the following:

• Being given the wrong medication 
• Misdiagnosis or delayed treatment
• Errors during surgery
• Poor care during childbirth, resulting in complications 
• Anaesthetic negligence

Sometimes, patients can catch infections due to private hospital negligence. Examples of these include bacterial infections such as MRSA, viral infections such as norovirus or catheter-related urinary tract infections. 

All hospitals should demonstrate proper hygiene to prevent infections from spreading to patients or visitors. Poor hygiene from healthcare workers resulting in infection could make you eligible to make a private healthcare negligence claim.

If you're unsure whether you should make a private hospital negligence claim, you can get in touch with us for free on or arrange a call back. By speaking with our friendly personal injury advisors, you could get an idea of whether you might have a claim. 

There will never be any pressure for you to commence there and then. Our role is to help you get the necessary information to decide and then support you if you choose to proceed.

If you do decide to move forward with your claim, we will put you in touch with one of our private healthcare solicitors. This will be an expert who's suited to the nature of your claim. Your solicitor will guide you through the process and provide ongoing support.

Perhaps someone close to you has suffered medical negligence while in a private hospital. If so, you may want to make a claim on their behalf.

We would ideally speak to them to gain consent for you to pursue their claim. Saying this, someone's injuries might mean this isn't possible. For example, they may suffer from a serious brain injury preventing them from speaking. In exceptional circumstances where an individual can't seek private hospital negligence compensation themselves, you may be able to do so on their behalf.

Sadly, there are circumstances where private healthcare negligence can be fatal. While we can't take away the pain of bereavement, we can help you to seek financial support.

Depending on the details of your private hospital negligence claim, the process will generally follow these steps:

1. Contact us: Start the process by getting in touch. You can call us on , request a callback or fill in our online form. Remember, you can use our compensation calculator to help you get a feel for whether you might have a private hospital negligence claim.
2. Assessment: Once you've spoken with one of our advisors, we can assess if the claim is worthy of further investigation.
3. Compiling records and evidence: Next, you'll begin to compile information and evidence to build your case. This includes pulling together medical records so that it's clear how your injuries have impacted your livelihood. 
4. Negotiation with the other side: The case will be presented to the other side. If they accept fault for what has happened, then negotiations can begin to settle a fair private hospital negligence compensation amount.
5. Settlement or court proceedings: Your solicitor will try to settle the case without going to court. However, if you do need to go to court, you will be supported every step of the way.

If you feel ready to start your private healthcare negligence claim contact us today.

As with any other claim, the answer depends on several factors. Some cases are more serious and complicated than others, so your private hospital negligence compensation will reflect your pain and losses. That's why you and your private healthcare lawyer need to gather as much information and evidence as possible to compile a solid claim. 

Compensation is split into general and special damages.

• General damages: This type of compensation reflects the physical and emotional suffering caused. General damages will be determined by Judicial College guidelines. The Judicial College is part of the Ministry of Justice. It sets the ranges of compensation for the type of accident injury suffered.
• Special damages: Used to determine ascertainable losses, special damages tend to cover medical expenses and lost wages relating to any injuries caused by private hospital negligence.

You can also complain directly to the hospital, which involves following the complaints procedure they've set out. 

Otherwise, you can submit your complaint to the Care Quality Commission (CQC). This is a public body of the Department of Health and Social Care that regulates NHS and private healthcare in England.

If it's an NHS Trust Private Patient Unit, you'll need to get in touch with the Independent Sector Complaints Adjudication Service (ISCAC) and follow its Complaints Code of Practice.

Whether you plan to pursue a private hospital claim, a dental negligence claim or something else entirely, our private healthcare solicitors can help you seek the compensation you deserve.

We work with a national panel of personal injury and medical negligence solicitors across a range of specialisms. This means you will be paired with someone who has lots of experience in dealing with cases like yours. 

Your private healthcare lawyer will most likely take your case on a no win no fee basis, which means you won't have to pay a penny before starting your claim. And if you don't win your claim, you pay nothing to anyone.

To discuss whether you could be eligible to make a claim, or to simply seek advice, you can contact our friendly advisors for free on .

• You'll work alongside a private healthcare lawyer with experience in cases like yours.
• Our large network of specialist lawyers means you can access expertise across a wide range of legal areas.
• We work with solicitor firms authorised by the Solicitors Regulation Authority in England and Wales, as well as those authorised by the Law Society of Scotland.
• We founded the Ethical Marketing Charter to maintain exceptional standards in the personal injury sector
• We have thousands of independent reviews on Trustpilot, where we hold an 'Excellent' rating.
• We will only ever reach out if you have contacted us first. We never make pressured cold calls.