How To Sue A Hospital For Negligence
This guide explores how to sue a hospital for negligence by discussing the eligibility criteria for medical negligence claims and the evidence you could gather to strengthen your case. Furthermore, we look at how an expert solicitor could assist you with seeking compensation for hospital negligence and the benefits of them doing so under No Win No Fee terms.
Making A Hospital Negligence Claim
Medical professionals owe their patients a duty of care. This means they need to provide the correct standard of care. If there is a failure to do so, and this leads to a patient suffering avoidable harm, this could constitute medical negligence.
If you’re eligible, you could seek compensation to address the physical and psychological impacts of medical negligence. We explore how settlements awarded in successful hospital negligence claims are calculated and what they could include later in our guide.
Read on to learn more about how to sue compensation for hospital negligence. Alternatively, you can get in touch with our team if you have any questions about making a medical negligence claim. An advisor can provide free guidance 24/7. To get in touch, you can:
- Call on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up live chat window
Select A Section
- How To Sue A Hospital For Negligence
- Examples Of Hospital Negligence
- What Evidence Can Support Medical Negligence Claims?
- Calculating Settlements For Hospital Negligence
- Claim With No Win No Fee Medical Negligence Solicitors
- Find Out More About Making A Medical Negligence Claim
How To Sue A Hospital For Negligence
As mentioned, medical professionals owe their patients a duty of care. This extends to those working in a hospital, such as surgeons, doctors, and nurses. The duty placed on them requires them to provide care that meets the correct standard.
In order to sue a hospital for negligence, you must be able to meet the eligibility criteria for medical negligence claims. These are:
- A medical professional owed you a duty of care.
- This duty of care was breached.
- You suffered avoidable harm as a result.
What Is The Time Limit To Sue A Hospital For Negligence?
When looking into how to sue a hospital for negligence, it’s important to be aware of how long you have to start legal proceedings. Generally, as stated by the Limitation Act 1980, you have 3 years to begin a medical or clinical negligence claim.
This time limit can run from the date the medical negligence occurred or the date you became aware that the avoidable harm you suffered resulted from a medical professional providing substandard care.
There are exceptions to this limitation period, such as if the party is under the age of 18 or they lack the mental capacity to start their own claim.
For further guidance on the time limits and eligibility criteria for hospital negligence claims, please contact an advisor on the number above.
Examples Of Hospital Negligence
Medical or clinical negligence in a hospital can take many forms. Below, we have provided a few examples of how a negligent care in a hospital could be given.
Misdiagnosis, Missed Diagnosis And Delayed Diagnosis
For example, you may have attended the hospital with clear signs of a fractured ankle but, because the doctor treating you failed to listen to your symptoms or examine you correctly, your fracture was missed and you were sent home without any treatment.
Alternatively, you may have been given the wrong diagnosis of a sprained ankle. In both circumstances, there will have been a delay in you receiving the correct diagnosis and therefore a delay in treatment being given for the correct condition.
Birth Injuries
Both the mother and the child could suffer injuries at birth. One example could be if the baby’s oxygen levels are not being properly monitored and the baby is temporarily starved of oxygen. This could result in them developing cerebral palsy.
Alternatively, the midwife may have used forceps incorrectly causing the mother to sustain a pelvic fracture during labour.
Surgical Errors
An error in surgery could include never events, which are serious incidents that should never happen. For instance, you may be scheduled for an amputation on your left arm, only to have your right arm removed instead due to a mistake. This is known as wrong-site surgery.
Another surgical error could include where the surgical team, including the anesthetist failed to check your medical records before administering a certain pain killer. As a result, you had an allergic reaction and suffered harm that could have been avoided.
Medication Errors
For example, you may have been prescribed a medication by a doctor in hospital to which you had a known allergy. Another example could include being administered the wrong dosage leading you to experience symptoms of an overdose.
Please note the above medical error examples may not necessarily lead to a valid hospital negligence claim against a healthcare provider. You must prove that a medical practitioner breached their duty of care and this led to you suffering avoidable harm in order to be eligible to seek medical negligence compensation.
Call on the number above to discuss your specific case and learn how to sue a hospital for negligence.
What Evidence Can Support Medical Negligence Claims?
In order to make a medical negligence claim, you need to collect evidence to strengthen your case and prove that a healthcare professional provided substandard care and caused you to suffer avoidable harm as a result. Examples of the evidence you could gather include:
- Copies of your medical records, such as X-ray scans, blood test results, letters from your doctor or the hospital, and prescription slips.
- A personal diary containing details of your physical and psychological state.
- Witness contact details, such as those who attended appointments with you. Witness statements could be taken at a later date to substantiate your case.
- Pictures of any visible harm, such as surgical wounds from unnecessary surgery.
Additionally, hospital negligence claims may also be subject to the Bolam test. This involves a panel of medical professionals trained in a relevant field determining whether the proper care of the correct standard was given when you received medical treatment. You won’t need to arrange this yourself and whether it’s carried out will be dependent on your specific case.
Furthermore, you may be asked to attend an independent medical assessment as part of the medical negligence claims process. This will generate a report that contains details about the avoidable harm you have suffered and the extent to which it’s likely to impact you in the future. The report can be used to help when determining how much medical negligence compensation you’re owed.
To find out more about how you can support a hospital negligence claim against a healthcare provider, get in touch with our advisors today.
Calculating Settlements For Hospital Negligence
While you might be wondering what the average payout is for a successful hospital negligence claim, each case is valued based on the independent circumstances of your case. As such, it would be difficult to provide an average.
Generally, medical negligence compensation payouts awarded following a successful claim can comprise up to two heads of loss. The first of these is called general damages which compensates for the physical and psychological impacts of the medical negligence.
Those responsible for valuing general damages can use your independent medical report alongside the Judicial College Guidelines (JCG).
The JCG comprises a list of guideline compensation brackets that correspond to different types of harm. You can find some of these in the table below. Please use the figures as a guide only and keep in mind that the top figure is not from the JCG.
Compensation Table
| Harm Type | Severity | Notes | Compensation Bracket – Guidelines |
|---|---|---|---|
| Multiple serious injuries and illnesses with special damages | Serious | Compensation for the physical and psychological impacts of medical negligence alongside financial losses incurred, such as care costs, lost income, and medical expenses. | Up to £1,000,000+ |
| Brain Damage | Very Severe | The person requires full-time nursing care. | £282,010 to £403,990 |
| Moderate (ii) | A moderate to modest intellectual deficit with a reduction in or removal of the ability to work, and a risk of epilepsy. | £90,720 to £150,110 | |
| Arm Amputation | Loss of both arms | The person has full awareness of their condition and is reduced to a state of considerable helplessness. | £240,790 to £300,000 |
| Loss of one arm (i) | Loss of one arm at shoulder level. | Not less than £137,160 | |
| Kidney | Permanent and serious damage or loss | Both kidneys are affected. | £169,400 to £210,400 |
| Bladder | Double incontinence | Complete loss of natural bowel function alongside complete loss of urinary function and control, with other medical complications. | Up to £140,660 |
| Kidney | Loss with no damage | One kidney is affected. | £30,770 to £44,880 |
| Spleen | Loss of spleen | Ongoing risk of internal infection and other disorders because of immune system damage. | £20,880 to £26,290 |
Special Damages
Special damages is the second head of loss which compensates for the financial losses of the medical negligence. Under this head, you could seek reimbursement of the following costs:
- Loss of earnings
- Medical expenses
- Travel costs
- Care at home
Keep hold of evidence, such as payslips and receipts, to prove these monetary losses.
For further guidance on how much compensation could be awarded in successful hospital negligence claims, please contact our team of helpful advisors.
Claim With No Win No Fee Medical Negligence Solicitors
You could benefit from working with one of our expert medical negligence solicitors as they can use they knowledge and experience to help you sue a hospital for negligence.
If you have valid grounds to proceed with your case, they could offer their services under the terms of a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee contract.
This usually means you won’t need to pay your solicitor upfront for them to begin working on your case, during the claims process for them to continue working on your case, or if the claim fails for the services they have provided you.
If your case has a successful outcome, you will pay your solicitor a success fee from your compensation. Your solicitor takes this as a percentage which the Conditional Fee Agreements Order 2013 applies a cap.
Due to the cap on the percentage, you can ensure the majority of your settlement goes to you after your case succeeds.
Contact Us
Contact our team if you have any questions about suing a hospital for negligence, including what eligibility criteria you need to meet, how compensation is calculated in successful claims, and whether one of our specialist medical negligence solicitors could represent you on a No Win No Fee basis.
They can provide free advice on claiming for hospital negligence 24/7 and answer any questions you have after reading our helpful guide.
You can reach out and seek advice via the details below:
- Call on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up live chat window
Find Out More About Making A Medical Negligence Claim
For more of our helpful clinical negligence claims guides:
- Find out how to prove medical negligence with our helpful guide.
- Discover whether you could make a clinical negligence claim for paralysis after surgery due to a surgical error.
- A helpful guide on stillbirth negligence claims including when you could seek compensation.
For more helpful external resources:
- Information on how to raise a concern about your doctor from the General Medical Council.
- Guidance on the principles and values of NHS England from GOV.UK.
- Information on good surgical practice from the Royal College of Surgeons in England.
Thank you for reading our guide on how to sue a hospital for negligence following medical errors that caused you to suffer avoidable harm. If you have any other questions, please get in touch using the details above. You could be connected with one our hospital negligence solicitors if your claim is valid.
