As a private healthcare patient, you may have expected to receive the highest standard of care from those treating you. However, medical negligence and its often life-changing consequences are still always a risk. In this guide, you will learn everything you need to know about medical negligence in private hospitals and how to claim compensation.
You will find out who can make a claim and whether you could pursue compensation on behalf of a loved one. Additionally, we will explore why medical negligence sometimes happens and what compensation can cover.
Further, we will outline the steps involved in claiming compensation, such as gathering supporting evidence. Lastly, we will reveal how you could work with one of our specialist No Win No Fee solicitors if you have a valid medical negligence claim.
So, please continue reading to find out more about claiming medical negligence compensation, or contact us today to tell us about your circumstances. Our services are free to use and live 24/7:
- Call 0800 073 8804.
- Fill out our ‘Contact Us’ form.
- Send a message in our live on-screen chat box.
Jump To A Section
- Can Claims Be Made For Medical Negligence In Private Hospitals?
- How Much Compensation Could I Get For Medical Negligence In A Private Hospital?
- Can I Claim For Any Financial Damages Caused By Private Hospital Negligence?
- What Are Private Hospital Negligence Claims?
- Examples Of Medical Negligence In Private Hospitals
- How Can I Make A Medical Negligence Private Hospital Claim?
- Get Help With Your Claim From Legal Expert
- Learn More
Can Claims Be Made For Medical Negligence In Private Hospitals?
Yes, compensation claims can be made for medical negligence in private hospitals if each of the following criteria is met:
- You were owed a duty of care by a private medical professional.
- This professional breached their duty of care.
- You suffered harm that you shouldn’t have (referred to as avoidable harm) as a result.
Every medical professional who treats you owes you a duty of care. This duty means that they must always provide you with the correct standard of care. In order to do so, healthcare providers can:
- Look at your full medical history.
- Ensure your symptoms and concerns are listened to properly.
- Refer you to specialists if necessary and appropriate.
- Prescribe a suitable course of medical treatment and have timely follow-ups as required.
As such, if a medical professional causes harm because they provide a standard of care that falls below what is minimally required of them, then this is a breach of their duty of care.
If you believe you meet the above eligibility criteria, we can help you today. Simply tell us about what happened to find out whether you have a valid medical negligence claim.
Am I Able To Claim On Behalf Of A Loved One?
Yes, you may be able to claim on behalf of a loved one who is a child or a mentally incapacitated vulnerable adult, as neither can pursue medical negligence compensation by themselves. In either case, you can act as their litigation friend and begin a claim for them.
Fatal Medical Negligence Claims
You can also potentially make a wrongful death claim if a loved one has passed away due to clinical negligence in a private hospital.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate is the only party that can make a claim within the first 6 months of a loved one’s death. Claims made through this can cover the physical, emotional, and financial suffering before a loved one’s passing.
If the estate has not made a claim, then the deceased’s dependents can make a claim after 6 months under the Fatal Accidents Act 1976. However, it’s important to note that dependants cannot launch a claim on behalf of their deceased loved one.
Dependants include:
- Wives, husbands, and civil partners (former and current).
- Someone who lived with the deceased as a spouse for at least 2 years before their death.
- Guardians, parents, and step-parents.
- Children and step-children.
- Siblings, aunts, and uncles.
To learn more about making a medical negligence claim on behalf of a loved one, whether as a litigation friend or dependant, please reach out to one of our advisors today.
How Much Compensation Could I Get For Medical Negligence In A Private Hospital?
The amount of compensation you may get for medical negligence in a private hospital depends on many factors.
In the table below, we have included a list of illnesses and injuries with their guideline compensation brackets. These figures are sourced from a document called the Judicial College Guidelines (JCG), which a solicitor may use to value the physical and psychological effects of your avoidable harm (referred to as general damages).
Please bear in mind that the top amount isn’t the JCG’s. Further, this table is for guidance only and doesn’t provide any guarantees for your private hospital negligence compensation claim.
| Type of harm | Severity of harm | Guideline compensation |
|---|---|---|
| Multiple severe types of harm plus special damages, such as lost income | Severe | Up to £1,000,000+ |
| Brain/Head | Very severe | £344,150 to £493,000 |
| Moderate (i) | £183,190 to £267,340 | |
| Kidney | Loss or serious and permanent damage to both (a) | £206,730 to £256,780 |
| Loss of 1 kidney (c) | £37,550 to £54,760 | |
| Bladder | Double incontinence | Up to £224,790 |
| Fairly long-term function interference | £28,570 to £38,210 | |
| Female reproductive system | Infertility with sexual dysfunction (a) | £140,210 to £207,260 |
| Male reproductive system | Total loss of reproductive organs | In excess of £187,790 |
| Arm amputation | Loss of one arm (i) | Not less than £167,380 |
What Factors Will Determine My Private Hospital Compensation?
As noted, general damages cover the physical and psychological effects of your avoidable harm. Factors that can determine the value of your general damages include:
- Your loss of amenity, which relates to how your quality of life may have been affected. For instance, you may no longer be able to play football if you now have mobility issues.
- How long it may take for you to recover.
- The extent and severity of the avoidable harm you suffered.
You can find out more about compensation for private hospital negligence by speaking to an advisor.
Can I Claim For Any Financial Damages Caused By Private Hospital Negligence?
Yes, you can claim back on the financial losses you’ve incurred as a result of medical negligence. This head of claim is called special damages and can cover:
- Your loss of earnings from not being able to work while you recover.
- Any private medical bills from treating your avoidable harm, including costs for medication.
- Costs to adapt your home to improve accessibility. For instance, you may have to add ramps and a stairlift if you are now a wheelchair user.
- Travel expenses. For example, if you had to get taxis to multiple medical appointments.
- Rehabilitation and physiotherapy.
- Therapy or counselling if you also suffered psychological harm.
To prove your financial losses, you will want to keep hold of any relevant evidence, such as payslips, invoices, and bank statements.
It is best to speak to us about your specific circumstances in order to get a more accurate and personalised evaluation of your case. So, please contact our advisory team today.
How Can Interim Payments Help With My Recovery?
Interim payments can ease some of the financial stresses you may have as you try to fund your recovery. After all, you might need urgent treatment or specialist rehabilitative care. Interim payments aim to help with these and other immediate costs that come up during the claims process.
But what are interim payments? Essentially, they are a portion of your compensation that can be paid out before a private healthcare negligence claim is settled. You may be eligible to apply for an interim payment if it seems likely that you will win compensation or the defendant has admitted to their liability.
Would you like to find out more about interim payments and special damages? Our team are here to answer any questions you may have.
What Are Private Hospital Negligence Claims?
Private hospital negligence claims happen when patients seek compensation for avoidable suffering caused by medical negligence. These claims are made against a specific medical institution, and the compensation is usually taken out of the hospital’s own insurance. This insurance also usually covers GPs, as they are private even though they provide NHS services.
Please get in touch with our team to see whether you can begin a private hospital negligence claim today.
Examples Of Medical Negligence In Private Hospitals
Here are some examples of how medical negligence in private hospitals could potentially occur:
- Medication errors – May occur if you are prescribed the wrong medication because of a mix-up with another patient, are given an incorrect dosage because instructions are misread, or receive incorrect advice about how to take a medication. These failures could lead to anaphylactic shock or an overdose.
- Misdiagnosis or failure to diagnose – Can happen if a medical professional fails to properly listen to your symptoms or doesn’t order further testing as appropriate. For instance, a medical professional may miss a fracture because they did not arrange for an X-ray or misread the scan results. That could delay treatment and make it harder for the fracture to heal.
- Wrong site surgery – A surgeon could operate on the wrong part of your body if they misread your medical records, if there is miscommunication between the surgical team, or if the intended surgery site is incorrectly marked. These scenarios could damage otherwise healthy organs and worsen existing conditions.
- Retained foreign objects – A medical professional could leave behind equipment after a procedure if they use improper surgical techniques or fail to keep track of instruments. As a result, a patient could develop sepsis and have to undergo additional surgery.
- Unhygienic practices – Healthcare providers may fall below hygiene standards if they don’t wash their hands between patients or sterilise equipment, which could lead to a life-threatening hospital-acquired infection like MRSA.
- Birth injuries – A doctor who employs excessive force when using forceps during delivery could leave a baby with permanent nerve damage.
Whether or not you had a similar experience to the above examples of medical negligence in private hospitals, you can discuss your circumstances with our team in confidence. So, please reach out for a free eligibility assessment of your medical negligence claim today.
How Can I Make A Medical Negligence Private Hospital Claim?
You can make a medical negligence private hospital claim by simply contacting us to see whether you can get started with the claims process today. However, you must be within the appropriate time limit and have sufficient evidence to support your compensation claim.
Time Limits
The medical negligence claims time limit is usually 3 years, as per the Limitation Act 1980. This time limit for starting a claim runs from the date either:
- When medical negligence occurred.
- You became aware that you suffered because of medical negligence.
However, as we have briefly touched upon, the time limit is paused for minors and those who are mentally incapacitated, as they are unable to start their own claim.
If a litigation friend doesn’t file a claim on their behalf while time limits are paused, the standard 3 years will run from:
- The date of a claimant’s 18th birthday.
- The date where an individual’s mental capacity returns. If there is no recovery, then the time limit will be kept on hold.
Evidence
Additionally, to build a solid case, you will need to prove medical negligence and show how you suffered because of it. Some useful types of evidence to collect include:
- Medical records from before and after you suffered negligence. These records could include treatments and any test or scan results.
- Copies of your prescription forms or packaging.
- A personal diary recording all of your symptoms and private medical treatment.
- Photographs of your avoidable harm (if visible).
- Contact information from anyone who witnessed substandard care, whether that be a loved one who attended your medical appointment with you, or another medical professional.
- Correspondence with the liable private healthcare provider.
This list may seem like a lot, but you don’t have to face the task of collecting evidence by yourself. If you are connected with one of our specialist medical negligence solicitors, they can work with you to collect your evidence.
Get Help With Your Claim From Legal Expert
Here at Legal Expert, we understand that the impact of private hospital negligence can be life-changing for those affected by it. Our specialist No Win No Fee solicitors can help you greatly, as they have:
- Decades of experience combined with working on cases like private hospital claims.
- Received the highest level of professional legal training.
- Consistently provided the best level of client service possible.
- Secured over £80 million in compensation for clients already.
Additionally, all of our solicitors work on the terms of a Conditional Fee Agreement (CFA), which means there are:
- Zero upfront or ongoing solicitor fees to pay.
- Zero solicitor fees to pay at all if your private hospital negligence claim is unsuccessful.
If your claim is successful, your solicitor will receive a percentage of your medical negligence compensation as payment for their services. This success fee is small as the percentage is limited by a legal cap.
Contact Our Solicitors
Are you interested in working with one of our expert solicitors? You can get started today by contacting us for free:
- Call 0800 073 8804.
- Fill out our ‘Contact Us’ form.
- Send a message in our live on-screen chat box.
Learn More
Learn more about medical negligence cases by browsing a few of our similar guides here:
- Find out 10 things you should know about medical negligence claims.
- Learn more about the stages of a medical negligence claim.
- How to claim if you have suffered from delays in your treatment.
You can also browse these other pages, as they might give you useful information.
- General Medical Council (GMC) – What good medical practice is required of doctors.
- Royal College of Nursing (RCN) – What duty of care is required of nurses.
- Care Quality Commission (CQC) – Find a hospital and check their quality of care.
Our team is here to help if you have suffered avoidable harm, so please reach out to start your compensation journey today. Thank you for reading our guide on medical negligence in private hospitals.
