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Medical Negligence In A Private Hospital Claims Guide – How Much Compensation Can I Claim?

How To Claim Compensation For Medical Negligence In A Private Hospital

By Olivia Rachael. Last updated 7th April 2021. Welcome to our private hospital medical negligence claims guide.

Have you or a relative experienced medical negligence in a private hospital? If this medical negligence caused you to become injured, ill or worsened a medical condition you already suffered from, you could be entitled to claim compensation for perhaps tens of thousands of pounds. Similarly, if you have a close relative who died due to medical negligence at a private hospital, or if your child was injured due to medical negligence in a private hospital and is not yet aged 18, you could be entitled to claim compensation on their behalf.

private hospital medical negligence claims

private hospital medical negligence claims

If you are entitled to claim compensation for a medical misdiagnosis, surgical negligence, a surgical error, birth negligence causing birth injuries, or any of type of clinical negligence at a private hospital, Legal Expert would love to help you make your private hospital claim. We are a well respected personal injury solicitors firm and have an excellent track record of winning private hospital negligence claims for our clients. Our solicitor’s have years of experience representing private healthcare claims and will always fight to win you the maximum amount of compensation that you are owed. We offer a free legal consultation for anyone looking to claim compensation for negligence in a private hospital. If you have a legitimate case for compensation, we will estimate how much your private hospital negligence claim could be worth and will provide you with an excellent personal injury solicitor to represent you in your claim.

Call us on 0800 073 8804 to start your claim for private hospital negligence compensation today.

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A Guide To Private Hospital Medical Negligence Claims

Legal Expert have created this private hospital medical negligence claims guide for anyone who has experienced medical negligence at a private hospital which has resulted in them becoming ill, injured, or their existing medical condition being worsened.

This guide is also for anyone who wishes to make a private hospital medical negligence claim on behalf of a close relative, such as their child who is still under 18, or a parent who is sadly now deceased. In this guide we will look at a definition of what private hospital negligence is, review situations where people often experience hospital negligence, explain what the consequences of hospital negligence can be and will advise you on how to claim compensation for negligence in a private hospital. We will also help you to understand how much your medical negligence payout could be worth.

What Is Private Hospital Medical Negligence?

Medical negligence is when a medical practitioner or institution performs a neglectful action or inaction towards a patient, which results in the patient becoming injured, ill, or their existing medical condition becoming worsened. For example, a patient might experience a medical misdiagnosis which could result in their injury worsening as it goes untreated, a prescription error where the doctor prescribes the wrong medication, or surgical negligence when a surgical error occurs. Individuals who experience and are injured by medical negligence are entitled to claim medical negligence compensation. If you have experienced medical negligence in a private hospital you could be entitled to make a private hospital claim for hospital negligence compensation.

If you were injured because you experienced medical negligence in an NHS hospital, you could also be entitled to make private hospital medical negligence claims. Read our guide to NHS hospital negligence here.

How To Make A Private Healthcare Claim For Negligence At A Private Hospital?

If you wish to make private hospital medical negligence claims, the first step you will need to take is finding an excellent personal injury solicitor, to handle your private hospital claim. Legal Expert can provide you with a solicitor with plenty of experience of winning cases that are comparable to yours, to handle your claim. Your private hospital negligence compensation claim will be made against the hospital management. Because private hospitals and NHS hospitals have a duty of care towards their patients, they will expect to have to pay medical negligence payouts for legitimate medical negligence claims.

How Serious Does Medical Negligence Have To Be In Order To Make A Claim?

Many people think that they can only make private hospital medical negligence claims if they were caused an injury or illness that was life threatening or seriously life altering. It is usually true that claims for more serious injuries usually result in people claiming larger sums of private hospital negligence compensation. However, even if your injury was not life threatening or seriously life altering, you can still make a private healthcare claim. Most injuries will be serious enough to cause the sufferer to miss three days or more off work. If you are unsure whether or not you qualify to make a private hospital claim for negligence, call Legal Expert today and we will be happy to advise you.

Difference Between Making A Private Hospital Claim And Claiming Hospital Negligence Compensation From The NHS

Making private hospital medical negligence claims is a similar process to claiming NHS hospital negligence compensation. However, a few key differences will occur. If you use a private healthcare provider for your hospital treatment, then you may have entered into a contract with them as a customer, where there is an expected outcome. You may have grounds to make a claim, if this expected outcome was not met. What’s more, in many fields of private healthcare such as cosmetic surgery, the private healthcare provider has to fully explain all possible risks and side effects to the patient before they give consent to undergo the treatment. So for example, if a patient has not had the possible side effects or risks explained to them, this could mean that they have not given proper consent to the procedure.

Your personal injury solicitor will be able to explain in detail the important information you need to understand about making a private hospital negligence claim, instead of a hospital negligence compensation claim against an NHS hospital.

Common Types Of Negligence In A Private Hospital

At Legal Expert, we deal with all sorts of private hospital medical negligence claims. Here are some examples of private hospital compensation claims we frequently handle.

  • Birth injuries: Birth injuries are injuries to an infant or mother that occur during childbirth. Unfortunately birth injuries can be caused by medical negligence if the doctor, nurses or midwife makes an error.
  • Negligent medical advice: For example, if a doctor does not correctly warn you about the risks of an operation, therefore not obtaining legitimate medical consent, then you could be entitled to claim compensation for your injuries.
  • Negligent nursing: nurses, doctors, surgeons, midwives, physiotherapists and all sorts of other medical professionals have a duty of care towards their patients, If they harm the patient though negligence, then the patient could be entitled to make a private hospital negligence claim.
  • Medical misdiagnosis: A medical misdiagnosis can worsen a medical condition. For example if it is a time bound illness like cancer, a patient’s condition will worsen if their condition is not diagnosed correctly and they are not give the correct treatment that they need.
  • Battery: If a surgeon operates on a patient without their consent this is considered battery under the law. This does not apply to emergency situations.

Claims For Medical Misdiagnosis In A Private Hospital

Medical misdiagnosis is a form of medical negligence when a doctor gives an incorrect diagnosis to a patient. Sometimes a patient can be told they have an illness when they don’t, this can prove to be a very traumatic experience. Worse still, a doctor can misdiagnose an illness and prescribe the wrong treatment, so the person’s condition worsens over time. In cases of life threatening illnesses this can have very serious results.

For more information about private hospital medical negligence claims, please see the next section.

Claims For Surgical Negligence In A Private Hospital

Most surgery is carried out to the highest possible standard, however surgical negligence occurs due to a negligent action or inaction in surgery. Some types of surgical negligence are labelled as “never events” because the negligence is so serious that they should never happen. These can include the wrong part of the patient’s body being operated on, for example a surgeon amputating the wrong limb, or a foreign object such as a piece of jewellery belonging to the surgeon being left in a patient’s body.

Claim For Negligent Dispensing Or Prescriptions Or Medication

Private hospital medical negligence claims can also be made for prescription errors that occur in private hospitals. For example, a doctor can prescribe the wrong medication, the wrong dosage of medication, causing little effect or an overdose, or instruct the patient to take the medication over the wrong period of time. They could also prescribe medication that the patient is allergic to, for example many people are allergic to penicillin. In some cases prescription errors can worsen the patient’s condition, cause psychological reactions and even result in death in extreme cases.

Claim For The Provision Of Negligent Medical Advice

If a doctor misadvises a patient, this can be seen as negligent medical advice and could make grounds for private hospital medical negligence claims. For example, if a doctor does not correctly inform a patient of the risks or possible side effects of a procedure and then the patient suffers from a risk or possible side effect, the doctor did not obtain proper consent, so could be held accountable for the patient’s injuries.

Claim For Birth Injuries Or Negligence During Pregnancy In a Private Hospital

Birth negligence is medical negligence during childbirth, which could also give reason for private hospital medical negligence claims. It could be an error on the part of the hospital management, or an error on the part of the doctor, midwife, nurse or another medical practitioner. Common birth injuries resulting from medical negligence can include cerebral palsy if the infant is deprived of oxygen, or broken or fractured bones if the doctor uses the wrong tools. Birth injuries can harm the mother or the infant. If your child was injured during childbirth due to medical negligence in a private hospital and is not yet 18 years of age, you could be entitled to claim compensation on their behalf.

If you have experienced clinical negligence relating to any of the types of medical negligence above, which has resulted in you becoming injured, ill, or worsened an existing medical condition, you could be entitled to claim hospital negligence compensation. Call Legal Expert today, to see if you are entitled to a medical negligence payout and how much it could be worth.

What Can I Include In My Private Hospital Medical Negligence Claim?

If you experience negligence at a private hospital, you could be entitled to make private hospital medical negligence claims. If you win your private healthcare claim, your compensation will be awarded in two parts.

Firstly, you will receive general damages. General damages are the largest part of your compensation claim. They will be awarded to compensate you the pain and suffering that you have endured.

You will also receive special damages which will serve to compensate you for any out of expenses you have experienced as a result of your injuries, or any expenses you are estimated to experience in the future. This can include at home care, medical expenses, the cost of any psychological expenses you may endure such as counselling, travel expenses such as getting to and from doctor’s appointments to receive treatment, or the cost of mobility equipment. Which special damages you are awarded will depend on the individual circumstances behind your private healthcare claim.

How Much Could I Claim For Injuries Caused By Negligence At A Private Hospital?

If you think you have a right to make private hospital medical negligence claims, use our personal injury claims calculator to see how much your medical negligence payout could be worth. Use this personal injury claims calculator to see how much on average our clients receive in compensation for a private hospital negligence claim.

Updated April 2021.

InjuryAmountDescription
Death with full awareness£10,000 - £18,980Fullawareness and knowledge of death. May occur within a few weks or a few months.
Death with pain and unconsciousness before£9,870 to £10,010Injuries such as severe burns and lung damage leading to death.
Death with immediate unconsciouness£1,290 to £2,620Unconsciouness straightaway - death in less than six weeks.
Mental suffering and anguish£4,380Fear of death and fear or reduced life.
Injuries to internal organs - chest£94,470 to £140,870Maaive and complex damage to one or both lungs or to the heart.
Very severe brain damage£264,650 to £379,100There may be some basic awareness or ability to repond to stimuli.
Moderately Severe Brain Damage£205,580 to £264,650Very serious disability with substantial dependence on others.
Tetraplegia, also called Quadriplegia£304,630 to £379,100The person may be aware of their disability but not be in pain as a result of it.
Paraplegia205,580 to £266,740Increasing paralysis and other various health risks.

Remember, the prices we have listed here for medical negligence payouts are provided in settlement bands, therefore they do not reflect your individual claim. You could in fact be owed more money than the number quoted to you by our personal injury claims calculator when special damages are taken into account. If you wish to hear a more accurate estimate of how much your hospital negligence compensation claim could be worth, call Legal Expert today for your free legal consultation. A friendly and informed advisor will be happy to estimate how much your claim could be worth.

No Win No Fee Private Hospital Negligence Claims

At Legal Expert, we understand that experiencing medical negligence can be a stressful process. Therefore we give all of our clients the opportunity to make a no win no fee private hospital negligence claim.

A no win no fee private hospital negligence claim allows you to claim compensation for your injuries, without having to pay an upfront fee, making it a more affordable and less stressful experience for many of our clients. What’s more, if you don’t win, you don’t pay your solicitor a penny, so there’s no financial risk to you. Read our online guide to making a no win no fee personal injury claim, or call us today to speak to an advisor about making a private hospital negligence claim using a no win no fee personal injury lawyer.

Why Make Your Private Hospital Claim With Our Team?

If you, or your vulnerable relative has experienced an injury, illness or the worsening of an existing medical condition due to medical negligence in a private hospital, you could be able to make private hospital medical negligence claims.

Your payout would cover the cost of any medical treatment you or they may need as a result, ensuring that the best possible care is given to them in the future. To make a successful personal injury claim for medical negligence, it is very important to use the right personal injury lawyer.

Trust Legal Expert to provide you with the right personal injury lawyer to make your claim. Our personal injury solicitors have a wealth of experience helping clients claim private hospital negligence compensation, so you’re bound to be in good hands. They will fight to get you the maximum amount of compensation that you are entitled to, and you will also have the option to make a no win no fee claim.

Private hospital medical negligence claims FAQs

Can you sue a private hospital?

Providing that those with a duty of care to you at the hospital failed to uphold their duty and you were injured as a result, you could be entitled to compensation for your suffering.

What is the average payout for medical negligence UK?

There are no average payouts as each payout depends on the extent of suffering experienced by each claimant, which differs widely.

How much compensation could I get?

For a free consultation, including an estimate of how much compensation you could get for your claim, please get in touch today.

How long do you have to sue a hospital for negligence?

Personal injury claim time limits are typically 3 years, starting from the accident date or date that the patient realised they were affected by it.

How is negligence established?

This criteria usually establishes negligence if it applies to your case:

  1. You were owed a duty of care by a third party
  2. That third party failed to uphold that duty of care
  3. You suffered as a result

What qualifies as medical negligence?

Medical negligence occurs when a medical practitioner’s actions fall well below what’s expected of them in their duty of care. If others of the same professional standing would have done something differently in the same situation, then this typically confirms that medical negligence occurred.

What is a No Win No Fee agreement for?

These ‘conditional fee agreements’ ensure that claimants don’t have to pay out of pocket for legal help, even if it’s unsuccessful in securing them with compensation. This is possible due to the fact that there are no fees to pay at any point of the claims process, and payment is only taken from a compensation settlement once won, which is legally-capped.

How do I get in touch with Legal Expert?

Call us today to enquire about making a private hospital negligence claim. Our friendly legal advisors will be happy to let you know whether or not you are entitled to a medical negligence payout and will estimate how much private hospital negligence compensation you could claim. If you are happy to proceed, we will find the right solicitor for you to help you claim for medical negligence that happened in a private hospital.

Call us today on 0800 073 8804 , we’re looking forward to hearing from you.

Useful Links

Ombudsman – Information on How To Make A Complaint Against A Private Hospital or Private Healthcare

On this Ombudsman.org.uk page it shows you how to make a complaint against a private hospital and has useful information.

Hospital Negligence Claims, How Much Can I Claim For Neglect?
How much compensation could you claim for neglect in a hospital? Find out in this guide.

How Much Compensation Can I Claim For A Hospital Infection?
Learn more about claiming compensation for infections acquired in a hospital in this guide.

How Much Compensation Can I Claim For Dental Negligence?
Dental negligence claims can be brought against practitioners or practices. Learn more here.

Thanks for reading our private hospital medical negligence claims guide.

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