If you’ve been harmed by medical negligence in a hospital, you may want to know more about the hospital negligence claims process. This guide explains how you can claim compensation after being harmed by medical negligence and looks at how compensation is calculated.
Medical professionals in all areas should be providing a minimum standard of care. They have a duty of care to avoid causing unnecessary harm to patients.
If a medical professional does not provide the correct level of care to a patient and they are harmed as a result, this could be an example of medical negligence. A patient’s condition could worsen, or they could potentially develop a new injury or condition as a result.
Read on to find out more about the clinical negligence claims process. Or, for free legal advice, get in touch with our team of advisors today. There are no obligations to start a claim after your consultation, and our advisors are accessible 24 hours a day to help you. If you do decide you want to start a claim, and our advisors think you have a good chance of success, they could connect you with a lawyer from our panel.
To get in touch, you can:
- Call us on the number at the top of this page
- Use our online contact form
- Message the live chat on this page
Select A Section:
- What Is Medical Negligence?
- Eligibility Requirements To Begin The Hospital Negligence Claims Process
- What Is Involved In The Hospital Negligence Claims Process?
- The Evidence You Need to Prove a Hospital Negligence Claim
- What Are Potential Payouts For Medical Negligence?
- Reasons To Use A No Win No Fee Solicitor
- Learn More About The Hospital Negligence Claims Process
What Is Medical Negligence?
If you’re a patient in a hospital, you have the right to receive a minimum standard of care from any professionals looking after you. The General Medical Council sets out the duties of a doctor.
However, sometimes a medical professional will provide substandard care. If a medical professional did not look after you how they should have, which worsened your health, you could potentially claim compensation.
Some procedures may be necessary for the betterment of your health and would be within the doctor’s duty of care. For example, if you visited a hospital with a severe crush injury, you could need an emergency amputation. You wouldn’t be able to claim for an amputation that occurred within the scope of acceptable medical care.
Sometimes, complications may arise even when the correct standard of care is administered. If the medical professional fulfilled their duty of care but you were injured or your condition worsened despite this, you would be unlikely to be able to make a claim.
Eligibility Requirements To Begin The Hospital Negligence Claims Process
To begin the hospital negligence claims process, you would need to prove that the damage done to you was the direct result of negligence. You should know that when you claim against public bodies such as the NHS, you do not claim against the individual who caused the negligence, but the NHS Trust.
There are also time limitations with medical negligence claims. Under the Limitation Act 1980, you must generally start your claim within 3 years. This could be from the date of the incident or the date of knowledge.
The date of knowledge is when you became aware (or should have been aware) that the negligence had caused your injury. For example, if you received a misdiagnosis that led to a worsening of your condition, the time limit would run from the date that you knew you were misdiagnosed and not the date you received the initial misdiagnosis.
However, there are a few exceptions to these general time limitations. This could include:
- Children – If a minor has suffered due to medical negligence, a claim can be made on their behalf. A litigation friend is required, and the claim can be started at any time until the child turns 18. After the claimant is 18, they can start a claim for themselves in 3 years provided that one hasn’t already been made.
- Diminished mental capacity – A litigation friend is also required to claim on behalf of those with limited mental capacity. The time limitation is suspended unless the claimant makes a recovery. In these circumstances, the claimant has 3 years to pursue their own claim.
To find out more about the time limitations for the clinical negligence claims process, get in touch with our team of advisors today. If you have a valid claim, you could be connected with a solicitor from our panel.
What Is Involved In The Hospital Negligence Claims Process?
This section looks in more detail at the different steps involved in the hospital negligence claims process.
Firstly, you must have been harmed in some way by medical negligence in a hospital in order to make a claim. You may have new injuries, or any existing conditions or injuries could have been worsened. You cannot make a claim just for medical negligence occurring; harm must also have arisen as a result.
Secondly, you may wish to seek medical attention for any harm you’ve sustained. If you feel uncomfortable revisiting the hospital where you came to harm, you could visit another medical institution to receive treatment.
After this, you could start gathering evidence for your case. In the next section, we will look further at what evidence types could be useful for you. You could also look for legal representation. You don’t need a solicitor to help you with a hospital negligence claim, but we recommend hiring one. They will have the knowledge and experience to help make the claims process easier for you.
The Bolam Test
You can start a claim and hopefully receive compensation without going to court. Most clinical negligence claims are settled out of court, as the court process can be long and expensive.
The Bolam Test may be used to determine liability where this cannot be agreed upon. This is where a panel of the medical professional’s peers would be asked to consider if the care provided was of an acceptable level. If the panel decides it wasn’t, the medical professional would likely be determined to be liable.
How Could A Situation Lead To A Hospital Negligence Claim?
There are many situations that could be considered hospital negligence and lead to a clinical negligence claim being made. This could include:
- Misdiagnosis– If your condition is misdiagnosed, then this could lead to you not getting the treatment you need for your injuries. In addition to this, you might undergo treatment that you don’t need and that negatively affects your health.
- Never events–These are cases in which the incident should never have occurred if the correct practices were implemented. An example of a never event could be if a surgeon amputates the wrong leg on a patient.
- Wrong medication– Being prescribed the wrong medication could make you unwell. Furthermore, you might think that you’re treating your condition by taking medication but it’s actually worsening.
For more information on whether your circumstances could entitle you to make a claim, speak with a member of our team today. They could offer you free legal advice about the hospital negligence claims process.
The Evidence You Need to Prove a Hospital Negligence Claim
It is important to provide as much evidence as possible to support your claim in the hospital negligence claims process. Though it may be difficult to prove that the negligence occurred, you can prove that you experienced harm. Some examples of evidence could include:
- Photographs
- Medical records
- Personal notes on your care
- Any relevant correspondence between you and the medical professional
However, this list is not exhaustive. There could be other forms of evidence that could support your case. To find out more about what evidence you could provide, get in touch with our team of advisors today.
The Latest Statistics On Hospital Negligence
NHS Resolution is the branch of the NHS that handles claims for compensation. They also collect statistics on the cases they handle. In their Annual Report 2021, NHS Resolution stated that they handled 12,629 clinical negligence claims and reported incidents.
NHS Resolution settled 15,674 claims of both a clinical and non-clinical nature. Of these, 11,704 were settled without court proceedings. However, these numbers are just for claims against NHS hospitals. You could also potentially claim compensation from a private hospital if you have suffered due to negligence.
What Are Potential Payouts For Medical Negligence?
This section includes a compensation table of guideline compensation brackets calculated from previous compensation awards. This means they are not a guarantee for your hospital negligence claim. This table focuses on conditions caused by misdiagnosis.
These figures are taken from Judicial College Guidelines. Legal professionals use this document to help value general damages in personal injury claims. General damages are the part of your claim that aims to compensate you for the suffering caused by medical negligence. It is important to note that you are not compensated for the original injury or condition in these cases, only the harm caused by the negligence.
You will also be obligated to attend an independent medical appointment as part of the claims process. A medical professional will assess your injuries and how they may continue to affect you in the future. The findings of this evaluation will be key evidence for evaluating your general damages payout.
Injury Severity Amount Notes
Lung Disease (a) £94,470 to £127,530 In a young person with a serious disability where there is a likelihood of the condition worsening until a premature death.
Lung Disease (d) £29,380 to £51,460 Breathing difficulties that require frequent use of an inhaler. There will be an inability to tolerate smoky environments and significant effects on social and working life. The prognosis will be uncertain.
Asthma (b) £24,680 to £40,370 Chronic asthma that causes breathing difficulties, the need to use an inhaler, restricted employment prospects and an uncertain prognosis.
Asthma (c) £18,020 to £24,680 Bronchitis and wheezing that affects work and social life. There will likely be a substantial recovery within a few years of exposure to the cause.
Female Reproductive System (b) £31,950 to £95,850 Infertility that was the result of a failure to diagnose an ectopic pregnancy.
Female Reproductive System (e) Around £9,570 Failed sterilisation that leads to an unwanted pregnancy with no serious psychological impact.
Kidney (b) Up to £60,050 Significant risk of future urinary tract infection or other loss of natural kidney function.
Spleen (a) £19,510 to £24,680 Loss of spleen with a related risk of internal infection and disorders due to damage to the immune system.
How To Place A Value On Special Damages
You could claim back a variety of costs associated with your medical negligence. This part of your compensation is referred to as special damages. This could include:
- The costs of care
- Medical treatments not covered by the NHS
- Loss of earnings
- Adaptions to the home
- Independence supports
It is important to note that you could only claim special damages directly related to your negligence. You also need to provide evidence of your losses to claim special damages. This could include receipts, payslips and invoices.
Adding Care Claims In Medical Negligence Cases
Special damages could also include a care claim. This means claiming back the costs of any additional care you needed as a result of medical negligence. For example, if someone suffered severe brain damage, they could need round the clock care and help with normal bodily functions, such as using the toilet or eating.
If you’d like more information on what could be included in the special damages head of your claim, or for further guidance on the hospital negligence claims process, speak with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel in the event that you have a valid claim.
Reasons To Use A No Win No Fee Solicitor
You don’t need to hire a solicitor to help you with your case; however, we recommend you do. A solicitor will have the requisite experience to guide you through the hospital negligence claims process. The solicitors on our panel have years of experience to bring to your claim and will work hard so that you receive compensation.
There are ways to fund the work of a solicitor that could be beneficial for you. For example, a solicitor could offer you a No Win No Fee agreement as a way to fund their services. You won’t have to pay upfront costs or anything during your claim process. Also, if you don’t receive compensation, you don’t have to pay your solicitor anything at all.
If you have been awarded compensation in a successful claim, they will deduct a success fee from your compensation amount before it is paid to you. This is legally capped, meaning you won’t be overcharged, and you’ll get to keep the majority of your compensation.
Chat With Us To Discuss The Hospital Negligence Claims Process
If this sounds like it could benefit you, get in touch with our advisors today. They can explain No Win No Fee in more detail. They could also pass you on to a solicitor from our panel to help you start a claim today.
- Call us on the number at the top of this page
- Use our online contact form
- Message the live chat on this page
Learn More About The Hospital Negligence Claims Process
Thank you for reading our guide about the clinical negligence claims process. We hope you found it helpful. To learn more, please see further information below.
Orthopaedic Negligence Claims – If you’ve been a victim of orthopaedic negligence, learn how you could claim compensation.
GP Negligence Claims – Has your GP been negligent with your care? Read this article to see how you could claim.
Birth Injury Claims – If you or your child has been injured during childbirth due to negligence, learn how you could claim from our guide.
How to Complain to the NHS – If you want to make a formal complaint to the NHS about your treatment, here’s how you can do it.
NHS Key Statistics 2021 – Further statistics from the NHS.
Statutory Sick Pay – Claim SSP from the government if you’ve had to take time off work due to negligence or injury.
Thank you for reading our guide about the hospital negligence claims process.
Guide by EM
Editor NS
