Hospital Negligence Solicitors – A Guide How To Start A No Win No Fee Claim
By Olivia Simeon. Last updated 14th May 2021. Welcome to our guide to using hospital negligence solicitors to get the compensation that you deserve.
Many people view hospitals as the places that they go to get better from whatever ails them. Whilst in most cases this is exactly the case, things can go wrong, and you may leave the hospital worse than when you entered. Some health conditions can cause this, but if your condition has been made worse due to medical negligence, then hospital negligence injury solicitors could help you. With specialist knowledge of their field, they may be able to help you
Select a Section
- A guide to using a hospital negligence solicitor
- What is a hospital negligence solicitor?
- Can my hospital negligence solicitor file my compensation claim against my hospital?
- After I start my claim with my hospital negligence solicitor, what would I then need to do?
- How long do you have to claim for hospital negligence?
- I have been injured at work in a hospital due to employer negligence – can I claim?
- Can I get free advice from a hospital negligence solicitor?
- What are the benefits from using a specialist hospital negligence solicitor compared to a non-specialist solicitor?
- The most common types of claims that our hospital negligence solicitors regularly work on
- No Win No Fee hospital negligence solicitors
- Why choose us as your claims service for a hospital negligence claim?
- Call for free advice from hospital accident solicitors and to start a claim
Welcome to our guide on how to use hospital negligence solicitors to get the compensation that you deserve.
When it comes to going to the hospital, whether for a routine examination or important operation, we expect to be taken care of. With so much training and experience, we usually put our full trust in the medical professionals we see to do their job well. In most cases, this is exactly the case, but for some people, their hospital experience is nothing but a nightmare, and they leave the hospital worse than when they entered.
Whether because of a misdiagnosis, surgical or medical error, if you have suffered due to some form of medical negligence, it may be possible for you to claim compensation. Whether the negligence has happened at an NHS hospital or a private hospital, hospital negligence lawyers who are experienced in making these types of claims will be able to fight on your behalf for the compensation you deserve.
Solicitors, including hospital negligence solicitors, go through years of training before they are able to practice law, whatever area of the law they wish to operate in. When it comes to personal injury solicitors who specialise in one area of personal injury, they require even more experience once trained in order to become the best they can in their role. This involves practising cases and reading about legal precedent, adding to their knowledge as they continue to practice.
Over time they become experts in their field, as with every case it is possible for them to add to their research, as no two cases are exactly the same. Hospital negligence solicitors will be well-practised in bringing cases against the NHS as well as private hospitals and will know the intricacies within the law that will help them to differentiate between the two, allowing them to present the strongest case possible, whichever type of claim they are launching.
Beofre hospital negligence solicitors can begin working on any case, they will first need to take down the details of what has happened to you while under the hospital’s care. Every one of the hospital negligence stories solicitors hear will be different, so they may have questions relating to your treatment pertaining to your specific situation. Whatever the questions they ask, it is important that you answer them honestly. This will allow hospital accident solicitors to have all the facts surrounding your treatment, and they will assess these in order to see if you have a valid claim for hospital negligence compensation.
If they decide, upon reviewing the information that you give them, that your claim is strong enough to take forward, then they will take your case forward on a No Win No Fee service, which does not require any funds to be put up before beginning your claim.
Each and every case that a hospital injury solicitor takes on is different and there are no guarantees that every solicitor will work in the same way. In order to begin a claim with no win no fee hospital negligence solicitors, you will be required to review and sign a no win no fee agreement. This will outline the agreed fees for the case, and confirm that should your case be unsuccessful, that is, you will not receive compensation, then you will not be asked to pay legal fees for it.
Once this is done, it is likely that you will need to attend another medical appointment in order for an independent medical professional to write a report of what your hospital injuries are, as well as reviewing your medical history and providing a prognosis of your likely recovery. It is important to be truthful with the independent physician. Everything you tell them will be put towards your medical evidence and this could help provide vital evidence to support your claim for hospital negligence settlements. If you struggle to travel far, do not worry. We will try to find a medical appointment locally to you so that you do not have to travel too far.
Once your hospital injury solicitor has reviewed this medical evidence and received the signed no win no fee agreement, then they will be able to work on putting together the strongest case they can for compensation. It is important to understand that hospital negligence claims payouts can vary wildly depending on the nature of the negligence and the injuries/conditions you have been left with. However, if you call our team, we can tell you some of the typical hospital negligence compensation amounts for your specific injuries and conditions, along with giving expert hospital negligence advice.
The questions surrounding the hospital negligence claim time limit can be complex to answer. Whilst the time limit as with most personal injury claims is 3 years from the date of the accident, this can also be 3 years from the date you became aware that you had suffered medical negligence.
This means that if you suffered from your injuries after an operation, and were only made aware that this was due to medical negligence 12 months after, it would actually be within 4 years from the date of the operation that you could make a claim – as for the first year, you were unaware of the negligence.
There are another few exceptions to this time limit rule. If, for example, you suffered mental illness, you could claim three years from your date of recovery. In addition, if a child is injured due to medical negligence, and no adult makes a claim on their behalf within three years of the negligence, then the child could, as soon as they become an adult at the age of 18, have that 3 year time limit. Therefore, they could claim at any time up until their 21st birthday.
If you are at all unsure as to whether you are still within the time limit, then why not call our experts? We will be happy to look into your case for you and could even connect you to our panel of hospital negligence solicitorsto handle your case if you have grounds to make a claim.
Another type of negligence that can happen in a hospital is employer negligence, and in hospitals, there is a lot that can go wrong. Whether you have been asked to lift a load that is unstable, or that you have not been risk assessed, or your hospital has not asked provided the protective equipment required for you to do a job safely, then you may be able to make a compensation claim.
Hospital injury solicitors dealing with workplace incidents will be able to assess what has happened to you in order for you to find out if you have a claim against your employer, be that a private hospital or the NHS.
While you may think that it would cost you a lot of money for advice that gets to grips with the complex issues you have gone through, when you call our experts, this is not the case.
We have dealt with thousands of complex medical negligence claims, but are happy to give you advice for free. We know how confusing the whole situation can be, and many people are daunted by the idea of taking action against the NHS or a private hospital. Our experienced professionals know this, and we can put your mind at rest, explaining exactly how the claims process works, and answering any questions you have about the claims time limit, the exceptions to this, what usually happens at a medical appointment and anything else you might like to know. We want our clients to feel fully involved and informed about the process of making a claim.
What are the benefits from using a specialist hospital negligence solicitor compared to a non-specialist solicitor?
Hospital negligence solicitors are experts in their field. Whilst standard personal injury solicitors will have knowledge of making standard claims against employers, members of the public or commercial businesses, if they have no prior hospital claims experience, it could be that they miss something important or fail to add everything required into the claim, meaning that you could miss out on a compensation payout that, with specialist representation, you may have been awarded.
There are complexities surrounding many facets of personal injury claims, but medical negligence is one of the most complex. After all, it is likely you will have had a prior medical condition before attending the hospital, and it will be up to your specialist solicitor to prove that your health has been detrimentally affected by the medical negligence. It is not always an obvious case to prove, so prior knowledge of the claims sector and legal precedent that has been set in previous cases could prove vital in winning your case. With years of experience in proving past cases, specialist hospital negligence claim lawyers may be able to draw on previous cases they have dealt with successfully and apply this knowledge to your case in a positive way.
Whilst no case is the same as the next, it is likely that there are some similarities between your case and others that have happened before. There are some more common mistakes that are made when it comes to hospital negligence, and here, we list the most common.
- Misdiagnoses – These are cases where an incorrect diagnosis can result in suffering for the patient that is not necessary. The Telegraph published a report in 2009 which revealed that as many as 1 in every 6 patients suffers a misdiagnosis in either an NHS hospital or a GP service. There are two different types of misdiagnosis. Firstly, your condition may have been missed and the person who could have diagnosed you with something has failed to do so. Alternatively, you may have been diagnosed with something you don’t have. The resulting medication and/or treatment may therefore have had a detrimental effect on your health. It may even have been life-threatening.
- Medication errors – Whether a hospital pharmacy dispensed the incorrect dose of medication, or completely the wrong medication, or you have been prescribed the wrong medication, you may be able to make a claim. In addition, if two medications that should not have been prescribed together have been issued, or medication that you were known to be allergic to, this could also lead to a claim.
- Negligent advice given – Risks should always be explained to you, particularly before surgical intervention. That way, you are informed to make a choice that you feel is right for you. Not explaining the risks of any surgery or any alternatives that you could have taken instead can lead to a claim in some cases.
- Surgical error – Sometimes even the most experienced surgeons make mistakes, and whilst we hear of the more serious cases in the media, even minor surgeries can go wrong. Whether you have had the wrong surgical procedure, a foreign object has been mistakenly left inside your operation site, you have had organs mistakenly perforated or the wrong body part has been operated on, this can have devastating results. In addition, scarring and disfigurement caused by cosmetic procedures, as well as infections due to poor hygiene can also be claimed for.
- Birth Injuries – Finally, we have birth injuries. Pregnancy and birth does come with some risks, but medical negligence should not make things any worse. If you have been injured during the birth, or your child has because of something that has gone awry medically, either when you were pregnant or during the birth, we will be able to tell you if you can make a claim.
Whatever your medical negligence story, we are sure to be able to offer no-obligation advice to help you decide what to do next.
When you have been disadvantaged due to medical negligence, whether it is hospital negligence resulting in death of a relative, or you yourself has suffered, it is likely that there will have been some financial loss as well as the physical and mental effects. Time off work recovering can mean you miss out on income, and many people feel that they would not have the funds to begin a claim at this time. However, you do not have to wait to claim. With no win no fee hospital negligence solicitors, you will not have to pay legal bills up front and you will not have to pay out at all if you are not awarded compensation.
The no win no fee model requires you to review and sign an agreement which should fully set out what will be expected to be collected from your compensation once it is awarded. This should put your mind at rest that there will be no surprises. In addition to this, the agreement will confirm that if you do not receive compensation, you will not be liable for legal bills pertaining to your case.
With years of experience helping clients who have suffered at the hands of the medical institutions that were supposed to help them, our hospital negligence solicitors always work hard to help every claimant that gets in touch with us. Our experienced experts have dealt with many medical injury claims with varying degrees of complexity, and we have helped to secure successful compensation awards for many clients. With a high success rate, we believe that the reason people choose our service is that we do not just see you as a client, but as a person who has been through something traumatic, and is still coming to terms with it.
For that reason, we work hard to take the stress off your shoulders, ensuring that our clients can concentrate on recovering from their injuries or conditions that have been caused by medical negligence. We also ensure that you are kept fully informed about the progress of your claim. You can call us at any time to discuss your case and we will be happy to answer questions.
With testimonials from clients who rate our service high, we are proud to see that much of our business comes from recommendations from former clients. We feel this shows how much of a good impression we have left on them, and how good a service we provide. Why not find out what we can do for you?
It is likely that even after reading this guide, you will have questions for hospital negligence solicitors. We fully understand that you might want to know the common compensation payouts for medical negligence or you may want to hear about medical negligence compensation cases that have been settled in the past. Alternatively, you might want to know about making a claim against a hospital whose negligent behaviour has led you to experience an accident at work.
Whatever your query, we are here to help. We know how confusing claims can be and we work hard to make them easier to understand. We will listen to your story, ask any questions we feel are relevant and then provide free expert advice based on your answers. Simply call us on 0800 073 8804 to find answers to any questions you have about your medical negligence case.
Alternatively, if you are ready to begin a claim, use the above number and we will be happy to start the process off. We will start by taking your details and asking some questions about what has happened to you. We will then tell you what the process entails and explain the no win no fee agreement to you. Once that all settles your claim for compensation can begin.
Whichever option you would like to take, either to find out more or to start a claim, we will be happy to hear from you. There is no charge for advice, so why not get in touch today?
Hospital negligence solicitors FAQs
Can I sue hospital for negligence?
If the following criteria applies to your situation, you may have grounds to make a claim against a hospital:
- You experienced medical negligence while in their care
- Which you suffered as a result of
What is medical negligence?
Medical negligence happens when the action or inaction of a healthcare worker falls well below what is expected of them according to professional standards. In this case,
What is the average payout for medical negligence?
Since every case is different, there is no such thing as average payouts in personal injury claims. Instead, compensation amounts depend on the severity of damage suffered by the claimant.
Is it hard to sue a hospital?
When going up against large-scale organisations like the NHS, it can be extremely challenging, particularly without effective legal help. With this in mind, please get in touch today to see how our panel could help you win the compensation you deserve.
How do I take legal action against a hospital?
To get a free consultation with one of our specialist advisors, please get in touch with us at Legal Expert today to take your first step towards making a claim.
Do I need a lawyer?
Though there isn’t a legal requirement to have a lawyer in order to make a claim,
Where can I find a lawyer?
Here at Legal Expert, we have a panel of personal injury lawyers that have more than 30 years of experience in the claims process. Why not get in touch today?
How can I get in touch with Legal Expert?
Please refer to the contact section earlier in this guide for some options on how you can reach our team.
This link takes you to the government’s guidance page pertaining to the recovery of NHS charges, lump sums and benefits. While technical in nature, it may be worth reading through as a guide to changes in compensation.
Our guide to making hospital negligence claims contains details of how to make a claim for hospital negligence. It covers what you can claim for, how much is commonly awarded as well as details of specific types of negligence and neglect.
This is a guide for those people who have suffered medical negligence at the hands of anyone in the medical profession. It details compensation payout amounts, what evidence is likely to be required and how to make a claim.
Thanks for reading our guide to using hospital negligence solicitors to get the compensation that you deserve.