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.

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:

• Calling 0800 073 8804
• Writing to us about your claim online
• Or chat with us now using our live chat on your screen

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.

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.