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A Guide To Royal Surrey Hospital Negligence Claims – How To Claim Compensation Against The Royal Surrey Hospital? – Calculate Amounts Payouts For Medical Negligence

Many people visit hospitals up and down the country and receive completely successful treatment everyday of the year. However, if standards in healthcare fall below specific levels negligence can cause unnecessary suffering. If injuries are caused by the negligence of a medical professional and liability can be proven then a claim for a compensation payout against a hospital maybe valid. In this guide, we’re specifically going to look at if you could claim for Royal Surrey Hospital negligence. We’ll look at different types of negligence, the amount that’s been paid in compensation and how you could begin a no win no fee claim.

Royal Surrey hospital negligence compensation information

Royal Surrey hospital negligence compensation information

Our team of advisors at Legal Expert are able to assess any compensation claim on a no win no fee basis. They’ll also provide free advice about your options. If you have a strong enough case, they could introduce you to our panel of medical negligence solicitors to help with your claim.

Medical negligence may happen if medical practitioners act in a negligent way or do not act when action is necessary causing a patient to suffer unnecessarily. Our panel of solicitors all work on a no win no fee basis so that regardless of your financial situation if you have a valid claim you can have a specialist lawyer represent you.

If you’re ready to begin a claim right away, please call 0800 073 8804 today. Alternatively, if you would like more information about compensation amounts for Royal Surrey Hospital claims, please continue reading.

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A Guide To Claiming Compensation For Negligence At The Royal Surrey Hospital

In this guide, we’re going to look at two high profile case studies about Royal Surrey Hospital complaints which led to high-level compensation payments. The first is a specific case where an 11-year old girl received £11 million for brain damage caused by a lack of oxygen at birth. The next article shows how the NHS trust operating the Royal Surrey Hospital paid out over £50 million for negligence resulting in injuries over a 5-year period.

While this example shows the more extreme payments that can be paid out due to medical negligence, we could help with any size claim. If your injuries were caused by the negligence of a medical professional, you could be entitled to compensation. Therefore, we’ll look at the different types of negligence that could be claimed for.

Also, in the worst examples of medical negligence, where the patient dies due to negligence, then a loved on or relative could still make a claim on their behalf.

After you’ve read this guide, if you’d like to discuss whether or not you could be eligible to claim compensation, please get in touch with an advisor. We understand that you might find it difficult talking about your injuries so our team will work compassionately at a pace that suits you.

What Do Solicitors And Doctors Consider To Be Medical Negligence?

In normal personal injury claims, a solicitor would ask you to show that:

  • Somebody who owed you a duty of care was negligent.
  • Their negligence led to a mistake or an accident.
  • Which caused you to become ill or injured.

The same is true with medical negligence claims, it’s just that proving negligence can be a little trickier to prove. Any medical professional has a duty of care towards their patient’s well being. This means that they should follow the correct procedures, use the correct equipment and ensure the patient knows of any associated risks linked to their treatment.

If the patient becomes ill or injured because the professional failed to act properly, then this could be deemed as medical negligence and lead to a claim. In a hospital scenario, there are many different medical professionals who would have a duty of care towards you. These include nurses, doctors, paediatricians, anaesthetists, midwives, surgeons, physiotherapists and pharmacists. Claims could be possible if they cause you to suffer harm that could have been avoided.

Claims against NHS trusts or medical professionals can require especially complex medical evidence. Therefore, our advice is that you let us represent you. Our specialists know what’s required to help prove medical negligence. Also, they have an understanding of the legislation to be able to counter arguments made by defence lawyers.

As well as physical or psychological injuries caused by negligence, you could also be able to claim if the negligent act led to an existing condition being made worse. In the next sections, we’ll look at what types of negligence could occur within a hospital environment.

How Could Medical Negligence Affect A Hospital Patient?

Here are some examples.

  • Surgical Negligence.
    This could be where you’ve suffered an avoidable injury during surgery. It’s also possible to claim if surgical equipment is left inside you or you need further treatment because a defective clip fails and causes additional suffering.
  • Anaesthetic Errors.
    If you feel pain during surgery, or are completely awake, due to a mistake with your anaesthetic levels, you could be entitled to claim.
  • Misdiagnosis or Late Diagnosis.
    A delay in diagnosis will mean that any treatment required is delayed. This could make your condition worsen and increase the level of suffering. It could also mean that the eventual treatment will be more intrusive and painful. Ultimately, a misdiagnosis could mean conditions such as some cancers become untreatable.
  • Avoidable Birth Injuries.
    If a mother or baby are injured during childbirth, due to a mistake or delay in reacting to a problem, a claim for avoidable injuries could be possible.
  • Hospital Infections.
    Some conditions such as MRSA can lead to devastating illnesses such as pneumonia or sepsis. In these cases, compensation claims might be possible.
  • Medication Errors.
    Should you be given the wrong medication, you may suffer unwanted side effects. Also, the wrong medication could mean your actual condition is not being treated and becomes worse. Therefore, a claim against the hospital might be possible.
  • Delayed Treatment.
    If the hospital has to cancel your treatment due to a lack of staff (or other circumstances), you might suffer more than you would have had the treatment taken place. In these cases, you may be entitled to begin a claim.

£11 Million Payout For Catastrophic Brain Damage

In the first case study involving Royal Surrey Hospital negligence, we’re going to look at the case of a young girl who received an £11 million compensation payment.

The payment was made because the girl was starved of oxygen when she was born at Royal Surrey County Hospital. The oxygen starvation led to devastating brain injuries. The outcome of the mistakes made at birth has left the girl disabled. She is unable to stand, walk, sit or roll without assistance. She requires 24-hour support from a carer and is dependent on a wheelchair.

The case went to the High Court in London where solicitors successfully represented her in a claim for damages against the Royal Surrey County Hospital NHS Trust. Whilst in court, the NHS trust accepted liability for the injuries occurring and settled the case. The court went on to approve the settlement.

The argument, that was accepted was, that the mother hadn’t been properly monitored while in labour. Unfortunately, this led to a delay in assistance when the baby got into difficulty.

Outcome

The amount of compensation paid was scheduled to be a one time £6 million pound payment. The payments will start at £157,500 each year, (which are tax-free and index-linked) increasing to £250,000 from her 13th birthday, before going up to £323,000 once she turns the age of 19.

In court, the QC representing the NHS trust in Surrey apologised to the girl’s family. His comments included, “On behalf of the trust, I would like to offer the claimant, her parents, and the wider family, an apology for the injuries she sustained at the time of her birth.” He went on to praise the sacrifices the family have made since the girls birth. The judge echoed that praise and added, “It won’t end today, but from today onwards, it may get a little easier with some additional assistance that can be obtained as a result of the settlement.”

Source: www.getsurrey.co.uk/news/surrey-news/young-girl-left-catastrophic-brain-13335221

How Much Is Paid Out By The Royal Surrey Hospital Due To Medical Negligence Each Year?

Each year, NHS hospital trusts pay out millions of pounds in compensation for the negligence that leads to injuries to their patients. Interestingly, the NHS documents these payments meaning that we can show you the extent of these payouts in the table below. It’s worth remembering that the claims don’t necessarily relate to the year they were reported. That’s because some claims, especially those involving birth injuries, can take years to settle while the full extent of the injuries is assessed.

Edit
Accounting Year Total Payments Made Number of Claims Settled
2017/18 £9,104,533 35
2016/17 £11,478,470 33

Source: https://resolution.nhs.uk/resources/factsheet-5-trust-and-authority-claims-data-2017-18/

As you can see, despite the number of claims increasing, the amount of compensation over the 2-year period decreased. Using the link above, you can compare the amount of compensation paid by other NHS trusts across the UK. The data doesn’t include payments made by private hospitals or care providers.

£53 Million Paid Out Because Of Negligent Medical Care At The Royal Surrey County Hospital

While our first case study looked at compensation paid for Royal Surrey Hospital negligence to a specific victim, the next looks at the amount of compensation paid overall by the NHS trust over a 5-year period.

The article reports that, between 2012 and 2017, the Royal Surrey County Hospital NHS Foundation Trust paid out over £53 million pounds.

A spokesperson explained that staff are committed to, “providing the highest possible standards” but that, “sometimes things don’t go as planned”. They went on to explain that when mistakes are made, they’ll investigate fully and even use external reviewers where necessary.

As with the previous case study, the article alludes to the fact that some payments are so large because they need to take into account the amount of care that’s required when children are injured during childbirth. Also, the figures don’t necessarily relate to the years in which they were settled.

In the article, it’s explained that some cases take many years to settle. This is because the extent of their injuries is not known for many years after the negligence occurred.

NHS trusts don’t actually pay the compensation themselves though instead, they pay into the NHS litigation authority scheme which then goes on to handle claims on their behalf.

According to the report, the National Audit Office reported that the amount of compensation paid in England for medical negligence rose four-fold over a 10-year period, to £1.6 billion between 2006/07 and 2016/17. To help reduce the amount of compensation paid, the government is said to be looking at new measures. These include cash incentives to make hospital maternity wards safer and also trying to resolve more cases before they end up in court.

Source: https://www.getsurrey.co.uk/news/surrey-news/mistakes-made-nhs-staff-surrey-14168349

How People Can Make Medical Negligence Claims Against NHS Hospitals

If you decide to make a claim against the Royal Surrey County Hospital, then you’ll need to look for evidence to support your claim.

To begin with, we recommend you write a report about what happened. Start with why you needed to be treated in the first place. Then write a timeline of what happened, what advice you were given, and who was involved. Next, write down when you realised something had gone wrong and how you suffered. Finally, write down how you’ve been affected including any financial losses the negligence has caused you.

Other evidence that could be used to support your claim include statements from witnesses. This could be people who were with you during any consultation. You should also take photographs of any visible injuries where possible. Do this over a period of time to highlight any changes.

Remember that you’ll need to claim within the personal injury claims time limit. This is usually a 3-year period from the date of the negligence. However, it could also start from the date when your injuries were diagnosed by a doctor if this is latter. Therefore, make sure you begin your claim in time. That’s because, due to the complexity of some medical negligence claims, your solicitor will need time to arrange for medical reports and to gather medical evidence.

No Win No Fee Claims Against The Royal Surrey Hospital For Negligent Medical Care

One thing that might put you off suing for hospital negligence in the UK is the cost of hiring a solicitor. That’s why, when dealing with complaints our solicitors offer a no win no fee service for any claim they take on. We know, from previous feedback that no win no fee allows more people to claim as the financial risk and stress involved with a claim is reduced.

If you decide to proceed, and the solicitor agrees to take on your claim, they’ll provide you with a conditional fee agreement (CFA). This is a contract between you both. It makes it clear that you don’t have to pay the solicitor’s fees unless you receive compensation. Also, it states what level of success fee is payable when your case is settled.

Success fees, in England and Wales, can’t be any higher than 25% of your compensation. They are deducted by the solicitor prior to payment being sent to you. This is good as it means you don’t need to have the funds available to pay the solicitor yourself.

If you’d like to find out if you’re eligible to claim on a no win no fee basis, please get in touch with a member of our team.

Start Your Claim For Medical Negligence

We hope now that you’ve read this guide, you’d like to begin a claim with Legal Expert.

If so, we can be contacted in any of the following ways:

Our friendly advisors can provide free legal advice about your options. They also offer a free, no-obligation, assessment of your claim. If your case is strong enough, you could be introduced to a medical negligence solicitor who’ll work on a no win no fee basis.

Here are some reasons why you should consider using Legal Expert:

  • Our team of solicitors have been dealing with personal injury claims for up to 30 years.
  • We have a 24-hour claims line available 7-days a week.
  • Previous clients have given us great feedback.
  • Our solicitors aim to deal with all claims as efficiently as possible. Also, they’ll do all they can to ensure you receive the correct level of compensation for your injuries.

Please get in touch if you’d like to discuss a claim for Royal Surrey Hospital negligence.

Our Panel Of Doctors Which Cover Surrey

As part of any personal injury claim, your solicitor will need to arrange a medical assessment by an independent doctor. As part of the assessment, the doctor will take a look at your injuries and ask a number of questions. They’ll then produce a report which your solicitor can use to help calculate the amount of compensation they’ll request on your behalf. The report will detail the injuries you suffered, the severity and how they impacted on you.

We’re able to arrange appointments locally by using one of our panel of specialists in the Surrey area. Here are some local doctors and specialists we could use:

Richard Fotiadis
Guildford Physiotherapy and Sports Clinic,
Epsom Road,
Guildford, GU1 3PA.

Kashif Aziz
Cathedral Hill,
Guildford, GU2 7YB.

Mark Britton
Nuffield Hospital,
Shores Road,
Woking, GU21 4BY.

This is just a sample; we could arrange an appoint more locally if a specialist is available.

Essential Information

Thanks for reading our guide to claiming for Royal Surrey Hospital negligence. To assist you further, we’ve linked to some more useful guides and external resources that you should find helpful.

NHS England – The website of the NHS in England detailing their long term plans and providing latest news updates.

Royal Surrey Hospital Inspection – The latest report from the Care Quality Commission (CQC) which rates the effectiveness of the hospital amongst other things.

Misdiagnosis Medical Malpractice Claims – This guide explains how you can make a claim for misdiagnosis.

Hospital Clinical Negligence Claims – A more generic look at when you could use a medical negligence lawyer to claim against a hospital.

Dental Negligence  – In this guide, you can find out about claiming for dental negligence.

If you require any more information, please call an advisor on the number at the top of the screen.

Written by Brett

Edited By Melissa.

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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.