Hospital Negligence Claims FAQs

If you’ve received substandard care in hospital, you may be considering making a claim for hospital negligence. Compensation can cover the cost of ongoing remedial treatment and loss of earnings, so you can get your life back on track. But how do you make a negligence claim against a hospital, and what can you claim for?

To help you decide whether to take legal action against a hospital following medical negligence, we’ve compiled a list of questions we’re commonly asked about hospital claims. With answers to a range of queries relating to hospital complaints, you can make sure that making a claim is the right course of action for you.

How do I make a hospital negligence claim?

From surgical error to the poor monitoring of a patient’s health, there are many circumstances that can mean you’re eligible to claim hospital negligence compensation — and making your claim with us couldn’t be simpler.

Our team of specialists will advise you on all aspects of making a medical negligence compensation claim, dealing with all matters on a no win no fee basis. This means there is no financial risk at all to contacting our team and benefitting from years of expertise and knowledge.

We understand that making a claim for hospital negligence can be an emotional time, so if you or someone you know has suffered in any way, through no fault of their own, please get in touch. We handle all cases with sensitivity and respect, putting your best interests at the forefront of everything we do.

What types of hospital negligence claims are there?

Hospital negligence claims differ from patient to patient, and there’s many circumstances under which a person may be entitled to compensation after receiving negligent or substandard hospital care.

We’ve helped thousands of people claim compensation for hospital negligence, working on a variety of cases, including:

  • Accident and emergency (A&E) claims— such as failure to correctly diagnose an injury or illness, failure to make appropriate assessments or take scans, or failure to ensure a patient is seen by a senior member of staff. Each can result in further harm or suffering.
  • Surgical error— such as wrong site surgery and injuries caused by surgery, and misdiagnosis.
  • Poor hospital care — leading to illness, bed/pressure sores, dehydration and malnutrition.
  • Failure to monitor a patient’s condition
  • Birth negligence
  • Orthopaedic claims— including misdiagnosis of fractures, failure to carry out x-rays, failure to properly treat fractures, incorrectly performed surgery.

Who can I make a negligence claim against?

It doesn’t matter if you were treated through the NHS or a private medical practice; if you’ve suffered negligent medical care which has aggravated your symptoms or caused unnecessary suffering, our experts can help you claim compensation from NHS trusts, private hospitals and individual healthcare professionals liable for your negligent treatment.

If you make a claim against an NHS hospital on grounds of medical negligence, and your claim is successful, the compensation you receive will be paid by insurance taken out by the health authority in question.

This process differs when claiming against a private hospital. That’s because doctors and medical staff within independent health trusts are often self-employed, meaning that any compensation you receive will be paid by their individual insurer — not through the hospital. If, however, the negligent treatment took place when an employee was working on behalf of the hospital, the hospital’s insurance would be liable to cover the damages owed.

Our expert hospital negligence solicitors can help guide you through the claims process, maximising your chances of securing compensation from the accountable party.

Can I claim compensation for hospital-acquired infections?

If you’ve contracted a serious infection during a recent stay in hospital, which could have been avoided, our solicitors may be able to help you claim compensation.

Serious infections like MRSA and C.difficile pose a serious threat to health, so all hospital staff must adhere to stringent hygiene controls in order to minimise the risk of passing such conditions on to inpatients.

There are several instances in which you may be eligible to claim compensation for a hospital-acquired infection, including when medical staff have failed to screen patients for bacteria before they’re admitted to hospital. Compensation may also be awarded when there’s been a delay in recognising the signs and symptoms of contraction, or when an infection has been mismanaged and poorly treated following diagnosis.

If you or a loved one has contracted a serious infection in hospital, and can show that this may have been caused by negligence on behalf of medical staff, contact our hospital complaints team today for a free consultation about the circumstances of your claim.

Can I make a claim for negligent treatment in A&E?

A&E departments are an essential service thousands rely on for emergency healthcare, and in the majority of cases, staff are able to deal with illnesses and injuries quickly and effectively. However, given the fast-paced nature of the accident and emergency room, things can go wrong, putting patient care and the quality of treatment at risk.

If you’ve recently received negligent or substandard treatment during a visit to an A&E department, our hospital negligence solicitors can help you claim compensation to cover the cost of remedial treatment, long-term healthcare provision and loss of earnings. Challenging A&E departments and individual medical practitioners on your behalf, we’re able to offer legal when A&E staff fail to:

  • Correctly diagnose an injury or illness
  • Provide an accurate and timely referral for ongoing tests or treatment
  • Treat the patient in a timely manner
  • Offer a thorough and accurate examination

Click here for more information on making an A&E negligence claim.

No matter what the circumstances of your claim, our specialist hospital claims solicitors are here to help. Contact us today for free, no obligation advice about your hospital negligence claim.

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Chris Moore

Senior Solicitor and Joint Head of Clinical Negligence

Nicola Evans

Team Supervisor and Solicitor, Clinical Negligence

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