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Hospital Negligence Claims – How Much Can I Claim?

By Danielle Jordan. Last Updated 22nd September 2023. In this guide, we explain hospital negligence compensation and when you may be able to claim it. When visiting a hospital, people expect a certain standard of professional care. However, this is not always provided. In certain cases, neglect or negligent treatment by a hospital and its staff can cause a deterioration in a person’s health.

One of the reasons why this could happen is due to negligence and neglect on behalf of the hospital. Often, the issue of poor care in selected departments of our hospitals may be attributed to staff being overworked and to staff shortages.

hospital negligence claims

A guide to hospital negligence claims

Nevertheless, it remains a serious error and the implication is that it could result in further injury and suffering to the patient. In certain extreme cases, it could even result in death.

Negligence and neglect in a healthcare environment should never be dismissed. Negligence and neglect can take many different forms. However, whatever the situation, making a hospital negligence claim or seeking compensation from an NHS trust may be the best way in which to compensate you for your negative experience.

This guide is designed for those who have been a victim of hospital negligence and neglect. Even if you have not been a victim, it is also important that you understand your rights in these circumstances, should you wish to take legal action in the future.

The guide will give the basic details of everything concerning hospital negligence settlements and will try to answer all the frequently asked questions we encounter.

You can reach us by:

Select a section:

  1. When Could You Make A Hospital Negligence Claim?
  2. How Long Do I Have To Start A Hospital Negligence Claims?
  3. How To Make A Hospital Negligence Claim
  4. How Much Compensation Could I Receive From A Hospital Negligence Claim?
  5. No Win No Fee Hospital Negligence Claims

When Could You Make A Hospital Negligence Claim?

Before we let you know how to make a hospital negligence claim, it’s worth discussing what duty of care is owed to you as a patient. When you visit a hospital, any medical professional who treats you, such as a doctor or nurse, has a duty to provide a level of care that is reasonably expected of any qualified, competent medical professional.

Hospital negligence cases occur when healthcare staff neglect their duty of care to patients. Examples may include a patient receiving the wrong medication or errors that lead to an accident where a patient falls out of bed. However, in order to make an eligible medical negligence claim, you must be able to prove that any harm you subsequently suffered was avoidable or unnecessary. If you cannot prove medical negligence caused you unnecessary harm, you are unlikely to receive compensation.

If you have any questions about negligence in hospitals, you can contact our advisors at any time. They may be able to connect you with one of our experienced medical negligence solicitors if you seek expert legal support.

How Long Do I Have To Start A Hospital Claim?

If you are eligible to claim compensation for negligence in a hospital, you must start legal proceedings within the correct time limit. This is typically three years as set by the Limitation Act 1980. It could be three years from the date you were harmed, or three years from the date of knowledge. This is the date that you first realised or would have been expected to realise that the harm you suffered was caused by hospital neglect.

However, in certain circumstances, there are exceptions to this limitation period. These include:

  • Those who lack the mental capacity to make their own hospital claim. For these parties, the time limit is suspended indefinitely. However, during this time, a court-appointed litigation friend can make a claim for them. If they regain this mental capacity and a claim was not filed on their behalf, they will have three years from the date of recovery to begin the process.
  • Those under the age of 18. For these parties, a pause is applied to the time limit until they turn 18. Before this date arrives, a litigation friend can start a claim for them. However, if they turn 18 and a claim was not made for them, they will have three years from the date of their 18th birthday to start proceedings.

If you would like to find out if you are within the time limit to start a claim for medical negligence, please get in touch with one of our advisors.

How To Make A Hospital Negligence Claim

Knowing exactly what you need to do if you have been a victim of hospital negligence and neglect is important, as this will form the first step to building up a good case for your compensation claim. The most important thing is to get the required evidence. The following actions should be taken before starting a claim

  • Collect Evidence: This refers to getting the hard evidence that you suffered negligence on the part of the hospital. Part of the evidence could include photographic evidence, eyewitness accounts and so on.
  • Get a Medical Opinion: The effect and injury caused by the neglect and negligence should be captured by a professional medical opinion after a thorough medical examination.
  • Document Financial Losses: Whatever losses you have suffered in the process, such as loss of earnings, should be well documented. This would form a basis for the type of claim you may make.
  • Seek legal advice: Getting in touch with our advisors is an excellent step to take next. We can guide you through the rest of the process.

Getting it right at the initial stage will go a long way to strengthening your case and increasing the chances of getting the maximum compensation possible in hospital negligence claims.

How Much Compensation Could I Receive From A Hospital Negligence Claim?

Now that this guide has covered how to sue a hospital, this section will provide more information about your potential compensation amount should you be successful.

Whether you’ve suffered from hospital neglect or misdiagnosis, the level of compensation from successful claims against a hospital depends on many aspects. This includes the severity of your injury and if any permanent health issues have been caused. The Judicial College Guidelines can give you a better idea of what you could receive in general damages, which is the head of your claim that covers your injuries.

The compensation brackets below are based on previous successful claims from England and Wales. Every claim is different so please remember that these figures are not guaranteed. The figures have been taken from the latest guidelines available, released in 2022.

Injury Type Severity Compensation Amount Description
Brain Moderate (ii) £90,720 to £150,110 Moderate to modest intellectual deficit may be caused, with the ability to work being greatly reduced. There may also be a risk of epilepsy.
Neck Severe (ii) £65,740 to
Serious fractures or cervical spine disc damage that can cause considerably severe disabilities.
Back Severe (iii) £38,780 to £69,730 Injuries might include disc fractures or soft tissue injuries that lead to chronic conditions that cause ongoing issues despite treatment.
Post-Traumatic Stress Disorder Moderately Severe £23,150 to £59,860 The person will have a better prognosis but there will still be a significant disability.
Shoulder Severe £19,200 to £48,030 The injuries in this bracket are usually associated with neck injuries and involve brachial plexus damage.
Leg Moderate £27,760 to £39,200 Multiple or complicated fractures usually to a single limb or severe crushing injuries.
Reproductive System: Female (C) £17,960 to £36,740 Cases where a person who already has children has experienced infertility with no medical complications.
Arm (D) £6,610 to £19,200 Simple forearm fractures with no complications.
Hand Moderate £5,720 to £13,280 Injuries in this bracket might include penetrating wounds, crush injuries or soft tissue injuries.

No Win No Fee Hospital Negligence Claims

If you’ve suffered unnecessary harm due to negligence in a hospital setting, and you are eligible to claim compensation, you may wish to use a solicitor to help you make your claim. A solicitor could assist you in gathering evidence for your claim, and they could negotiate compensation on your behalf.

One of our solicitors may offer to work on your claim under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). If they do so, you would not have to pay them upfront for their work or throughout the process of your claim.

Should your claim be successful, your chosen solicitor would take a success fee (a small percentage of your compensation) from your payout. If your claim failed, you would not pay the solicitor for their work.

To check if one of our solicitors could help you with your hospital negligence claim under a CFA, you can contact an advisor. They would be happy to answer any questions you might have, and could provide you with free advice.

  • Call any time on 0800 073 8804
  • Talk with an advisor using Live Chat
  • Contact us online and an advisor will call you back.

Helpful Links On Medical Negligence Claims

In this final section on hospital compensation claims for negligence, we’ve included some related guides you may find useful, as well as answers to some commonly asked questions.

How to Make a Misdiagnosis Claim

Our guide to claiming after you’ve been misdiagnosed. 

How Much Compensation For Hospital Negligence

A useful guide on claiming compensation against the NHS for hospital negligence.

How Much Compensation Can I Claim for Care Home Negligence?

Have you or a loved one been subject to negligence at a care home? Read our guide.

How Much Compensation Will I Get For Assault?

If you’ve been punched, beaten or worse, you could make a criminal injury claim for assault. It’s likely you’ll go to a hospital for treatment. If some of your injuries are misdiagnosed or mistreated, you could make a separate claim under medical negligence. 

Claiming Car Accident Compensation

If you’ve been injured in a car accident, you could be entitled to compensation. If you go on to receive treatment in a hospital for your injuries and experience negligence there, that would be classed as a separate legal action; you could, therefore, make two separate claims.

How Much Compensation Can I Claim For Doctor or GP Negligence?

Our guide on claiming when you’ve been a victim to sub-par clinical standards.

I cut myself on barbed wire, can I claim compensation?

In this guide, we talk about how you may be able to claim if you suffer a cut from barbed/razor wire due to another party’s negligence.

How to make a complaint about an NHS service

If you or a family member has suffered due to hospital negligence and you’re wanting to make a complaint against the NHS we can help you file the complaint along with your compensation claim contact us for more advice.

Good Medical Practice

Read the General Medical Council guide to find out the standards set for doctors.

Guides Regarding Negligence At Specific Hospitals

Other Medical Negligence Guides

Other Useful Claims Guides

If you would like to speak to an advisor about how to claim for hospital negligence compensation, you can contact Legal Expert today using the contact details included in this guide.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.