Hospital Negligence Claims How Much Compensation Can I Claim For Neglect?
By Olivia Fitzpatrick. Last Updated 23rd June 2021. Welcome to our guide on hospital negligence compensation. 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 on behalf of the 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. Negligence and neglect are serious issues in our healthcare system. Often, the issue of poor care in selected departments of our hospitals can 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 health care 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 feel free to contact us if you have further questions, we will be glad to answer all your queries and provide hospital negligence advice.
You can reach us by:
- Calling 0800 073 8804
- Writing to us about your claim
- Or chat with us now using our live chat on your screen
Select a section:
- A guide to hospital negligence and neglect claims.
- What is hospital negligence and neglect?
- Claiming for hospital negligence and neglect.
- Claiming against the NHS for hospital negligence and neglect.
- Is there a time limit for making a hospital negligence and neglect claim?
- Hospital negligence and neglect facts and statistics.
- Medical professional’s duty of care.
- What are the different reasons for a hospital negligence and neglect claim?
- Are there different types of hospital negligence and neglect claims?
- Assessing the severity of a medical condition caused by hospital negligence and neglect.
- What to do if you have been the victim of hospital negligence and neglect.
- What can be claimed for if you have been a victim of hospital negligence and neglect.
- No win no fee hospital negligence and neglect claims.
- How much can I claim for hospital negligence and neglect?
- How to start a hospital negligence and neglect claim.
- Why choose us as your claims service for a hospital negligence and neglect claim.
- Call for free advice and to start a claim.
This guide will cover all aspects of compensation claims. Going through this guide will arm you with the information you need to be successful in your compensation claims.
As mentioned earlier, hospital negligence issues should not be taken for granted. Instead, they should be fought using the various instruments of the law. The negligence and neglect in our hospitals could have a far-reaching effect on many victims, the life of future victims might be at stake and, in a worst-case scenario, negligence can lead to death.
In this guide, you will discover what exactly constitutes hospital negligence and neglect, as well as how you can make a claim if it occurs. The guide can also answer the question of whether there is a time limit in making medical negligence claims and can provide the facts and statistics associated with this problem and a great deal more.
So if you have any questions about seeking compensation, just get in touch with our team today.
Delving Into Clinical Negligence
There are different types of hospital negligence and neglect claims which you will read throughout this guide. Apart from the situations listed above, the guide covers matters such as assessing the severity of conditions caused by neglect, what to do if you are a victim and how to start making a claim.
Towards the end of the guide, you will find other important information, including a table showing the possible amount you can claim for different conditions that occur as a result of hospital negligence and neglect. In effect, this guide is just what you need to make a successful compensation claim. You are free to call us using the contact details which are included in the final section.
Negligence and neglect refer to the action, inaction, indifference or any activity that is done by the hospital to a patient that ends up causing additional pain and suffering to the patient. Often, patients will entrust their health and wellbeing to a hospital.
While the majority of patients might have their health improved by the visit, there are certain instances where the hospital and its staff may have actively worsened the health of the patient. In situations such as these, there may be a valid claim for compensation.
What are some examples of medical negligence?
Examples of medical negligence can include delays in diagnosis or misdiagnosis of a medical condition, which can have severe repercussions on future treatment. It can also include injuries caused by poor hygiene standards in a hospital, or mistakes made in medical treatment.
Claiming for hospital negligence and neglect involves filing for compensation in monetary terms when you become a victim. It happens when the doctor, nurses or other health care professionals fail in their duty to provide the required care for a patient in their facility. For example, if a patient gets hurt while receiving treatment in the hospital, the patient could claim compensation for negligence.
Compensation for negligence and neglect is expected to be claimed against the hospital management. This is because it is the duty of the hospital to ensure that every patient is given the best possible treatment and care. This includes providing a safe environment, following safety procedures during medical treatments and providing the right medicine in the correct dosage.
If these (and other) provisions are contravened, there may be a viable claim for compensation to be awarded.
Claiming against the NHS is a little bit different in comparison to claiming against private hospitals. This is because the NHS has a complaint procedure in which dissatisfied patients can report their concerns.
It is important to note that NHS is well aware of a patient’s right to complain about negligence, the right of the person to request an independent review of their allegations and the right to receive compensation if they are harmed.
The NHS typically prefers to settle out of court, but it is also within your right to take your case to court. Contact your solicitor for the best professional advice regarding pursing compensation.
Do I have grounds to claim hospital negligence compensation?
If you’re unsure whether you have grounds to claim compensation for hospital negligence and any subsequent suffering you experienced as a result, please get in touch today for a consultation. One of our specialist advisors can talk you through your rights, including how much compensation you could claim, and even offer you free legal advice too.
In the meantime, the bullet points below offer a general criterion on how to establish grounds to make a medical negligence claim:
- The hospital owed you a legal duty of care
- Which they failed to uphold
- And as a result, you suffered damage
Whatever damage you suffered, whether physical, psychological or otherwise, you could be able to claim compensation for it. Please get in touch today to learn more about how we could help you do so.
Yes, there is a time limit. The time limit is three years from either the date of the hospital negligence or the time you become aware of the issue of hospital negligence or medical accident. However, there are exceptions to this rule. If the victim is below 18 years of age at the time of the incident, the three-year time limit will start from his or her 18th birthday.
Another exception is if the victims suffer from a mental health condition; if so, the three-year time limit starts after recovery from the mental illness.
According to the latest statistics from the NHS, negligence claims are on the rise. New negligence claims increased by 9.35% between 2019 and 2020.
When looking at the resolution of claims, 15,550 were resolved between 2019 and 2020. 71.5% of these were settled without going to court, which is an increase of 0.8% as illustrated below.
The reasons these claims were made and resolved involve a professional’s substandard adherence to their duty of care.
If you’ve been impacted in such a way and want to begin a claim for compensation, just get in touch with our team.
This refers to the legal obligation that mandates that an individual is to adhere to an established standard of care while performing an act that has the potential to cause harm to others.
In making compensation claims, the claimant is required to show that the duty of care required by law has been breached. The duty of care is set up and maintained by professionals. For example, the Royal College of Obstetricians and Gynaecologists provides a guide for its members.
There are many different reasons why you might want to claim hospital negligence settlements. These can include errors made by doctors or nurses in treating a condition. When this happens, it may be within your right to make compensation claims for negligence. Reasons could include the failure to:
- Notice when a patient is getting worse under treatment.
- Operate when it becomes necessary.
- Give the appropriate treatment for a condition.
- Avoid unnecessary errors during surgery.
- Provide adequate care after the patient has undergone surgery.
- Carry out the right investigation.
- Look at a patient’s history before treatment.
- Properly interpret investigations.
There are many reasons why you might wish to make a compensation claim. However, one important thing to note is that all negligence and neglect cases are capable of causing serious damage to the patient in the long term.
There are different types of hospital negligence and neglect claims. This is because all cases are unique and the levels of damage arising from these cases can vary considerably. The following are types of negligence. There are three main categories, which are:
- Contributory Negligence – This refers to a situation where the victim is a contributor or partly at fault for the cause of medical negligence. Here, the court will likely be required to attribute the balance of blame between the medical practitioner and the victim and award compensation accordingly.
- Vicarious Liability – Here, the compensation claim is filed against the organisation that manages the actual medical practitioner responsible for the injury. For example, the NHS or a private health care company.
- Gross Negligence – Probably the most serious of them all. It is important to note that all medical professionals have a duty to keep the health of the patient at the forefront of everything they do. However, In this case, this duty is being breached. Gross negligence cases normally end in a court case. It should also be noted that any medical professional convicted of this offence may have their professional license revoked after hearing the case in court.
Your solicitor should be able to analyse the situation, get the facts and advise on the type of claim to be made. For further information, you can call us and arrange a consultation session using our contact details at the bottom of this guide. We can help guide you through this delicate matter and help you on the path to claiming compensation.
It is important to note that the hospital negligence claims value will likely be determined by the severity of the injury or health condition. For this reason, it is very important to make a proper assessment of the condition. Assessing the severity of the issue will require a professional medical examination that will provide a thorough and nuanced medical opinion.
We can also arrange for a local medical examination for our clients if necessary. Contact us for further details and free advice through our contact details at the bottom of this guide.
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.
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.
What can be claimed will depend on the circumstances, type and severity of the condition. There are a lot of things that could be claimed but any claim will be tailored to what is required in that situation. In your claim, you might wish to consider:
- General Damages: claims for the pain, suffering and even psychological damages that you may have suffered.
- Medical Bills: the medical bills that you have incurred as a result of the negligence of the hospital.
- Care Claims: if you needed extra medical care as a result of the negligence you have suffered.
- Funeral Expenses: This refers to hospital negligence resulting in death. Here, the loved ones can make a claim for the cost of a funeral service.
Our panel of hospital negligence solicitors, authorised and regulated by the solicitors regulation authority, will assess the viability of your claim and offer professional advice on what is to be done. Note that not making the right claim may reduce your chances of getting the maximum compensation you deserve.
Our hospital negligence No Win No Fee agreement is the cornerstone of our operations. It is a Conditional Fee Arrangement in which we offer legal representation for our clients at no charge until such a time that the case is successful and compensation is received.
When the case is settled, we will take out our legal fees from the compensation amount, while the claimant takes the balance. This can be particularly useful as legal aid has not been available for clinical negligence cases since April 2013.
However, if the claim is rejected, you pay nothing to us. We do this to help out people who lack the required finance to pursue a claim but have very strong legal grounds to make a case. Our ‘No Win No Fee’ arrangement is a testament to our commitment to ensuring our clients get their deserved compensation for hospital negligence and neglects. You can call us for free advice on how to easily proceed with your claim.
Compensation claims payouts vary considerably. Note that each case is judged on its own merit and for this reason, it is difficult to give an exact amount of compensation you can get. It will depend on many factors which include the type of injury sustained, severity etc. A law firm that puts a value on your claim without hearing all the facts of your case may be giving you an inaccurate amount.
However, the following table captures the possible amounts that could be paid in various cases:
Updated June 2021.
|Mental Anguish||Up to £4,380||Fear of impending death or harm.|
|Death||Full Awareness||£11,770 to £22,350||A state of full awareness but death still occurs after two weeks.|
|Death||Serious Unconscious||Up to to £2,620||A situation where unconsciousness happens and leads to death within one week|
|Death||Unconscious||£3,530 to £4,120||A situation where unconsciousness leads to death within six weeks of injury.|
|Brain Injury||Minor||Up to £11,980||Minor injury to the brain enough to cause problems|
|Misdiagnosis||Minor||£3,180 to £19,170||A delay in diagnosing the likes of ectopic pregnancy, but the impact isn't significant, such as fertility not being affected.|
|Misdiagnosis||Severe||£31,950 to £95,850||Infertility arising from a failure to diagnose an ectopic pregnancy.|
|Illness||Minor||£860 to £3,710||A minor illness arising from the likes of a medication error. Symptoms resolve in full in a short space of time with no lasting symptoms.|
|Illness||Severe||£36,060 to £49,270||Severe toxicosis, requiring hospital admission. Some effects may be permanent.|
|Paralysis||Quadriplegic||£304,630 to £379,100||Can lead to permanent deformity as a result of the injury sustained.|
|Paralysis||Paraplegia||£205,580 to £266,740||Loss of mobility impacting life expectancy & sexual function|
|Paralysis||Paraplegia||£42,090||Shorter durations of paraplegic symptoms|
For a more accurate idea of how much you will receive and for other conditions not listed in the above table, our contact details are listed in the final section of this guide.
Starting a hospital negligence and neglect claim is not as difficult as it sounds. With the right information and the right solicitor, you can start making a claim without delay. As well as gathering evidence, there is one further step that can help you when beginning a claim. We recommend our free legal consultation to any potential compensation claimant.
You can contact us as soon as you want to start a claim. We offer free legal consultation to check the viability of your claims. We review the facts and offer the best advice on what needs to be done to be successful with your case.
You can start your compensation claim at any time. All you need to do is to contact us using any of the options seen at the bottom of this guide and we will take it up from there.
Our medical negligence solicitors pride themselves on the quality of their work, their expertise and knowledge, and above all, delivering great results for our clients. Specifically, our clinical negligence team:
- Possess the knowledge and experience in handling any kind of compensation claim.
- Have handled a great many compensation claims in the past.
- Take the best approach to customer service in the business.
- Work in such a way that puts your interest at the forefront.
- Work to get the maximum possible compensation amount for you.
- Operate on a No Win No Fee basis.
There are just so many reasons why choosing us is the best option for you. At the end of the day, we are very sure you will be satisfied with our service. Why not find out more by reading some of our reviews from past clients?
You’ve reached the end of our guide to making a claim for hospital negligence. Now it’s time to take action.
Contact us and your claim can be in the best possible hands. The earlier you start, the better. Speak to us by telephone on 0800 073 8804, through our web chat facilities or through the contact form on our website. We will look forward to hearing from you.
Helpful Links On Medical Negligence Claims
In this final section on hospital negligence claims, we’ve included some related guides you may find useful, as well as answers to some commonly asked questions.
Our guide to claiming after you’ve been misdiagnosed.
Have you, or a loved one, been subject to negligence at a care home? Read our guide.
Our guide on claiming when you’ve been a victim to sub-par clinical standards.
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.
Read the General Medical Council guide to find out the standards set for doctors.
If you’re curious as to the rates of medical negligence in the UK, the latest figures from NHS Resolution will provide interesting reading.
Hospital Negligence Claims FAQs
What is the average payout for medical negligence UK?
According to the annual NHS Resolution report, in 2020 the average payout was just under £50,000.
How do you win a medical negligence case?
Every medical negligence case requires evidence. If an independent expert can assess your injuries or suffering and they were caused by third-party negligence, you could claim with the help of a personal injury solicitor. Evidence is used to prove that the medical professional had a duty of care to you, that they breached that duty, and as a result, you suffered harm.
What is considered negligence by a doctor?
If a doctor provides you with substandard care that leads to your affliction, they could be acting negligently. For example, if you’re misdiagnosed with a condition or if you’re prescribed medication that you’re known to be allergic to.
How much can you sue a hospital for negligence?
This depends on the nature of the injuries suffered. Compensation for hospital negligence can range from £1,000 to well over £1 million. Your clinical negligence solicitor will advise you of the potential value of your case.
Is it hard to sue a hospital?
Depending on the nature of the incident, you may find that the hospital admits liability right away. In other cases, they may dispute liability, meaning it could be quite difficult to sue the hospital.
How much does it cost to sue a hospital?
If your medical negligence solicitor believes your case has good prospects of success, they may offer to represent you under a No Win No Fee agreement. If so, it won’t cost you anything, only a small deduction from your compensation award if successful.
Do I have a case for medical negligence?
If you want to know if you have a case for medical negligence, it may be wise to make a complaint to the NHS or hospital treating you. Based on their findings, you could seek further advice from a solicitor who can tell you more about hospital negligence claims.
Can I sue a hospital for negligence?
So long as a medical professional’s negligence has caused your suffering and you can prove this was the case, you could claim for hospital negligence compensation.