Hospital Negligence Claims

Call our Hospital Negligence specialists for free legal advice. We could deal with your Hospital Negligence claim on a No Win, No Fee basis.

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Helping people with Hospital Negligence Claims

Our Medical Negligence Solicitors could help you get compensation if you or a loved one suffered substandard care in an NHS or private hospital.

We understand that Hospital Negligence cases can be physically and mentally distressing. Our expert Solicitors combine extensive legal knowledge with a friendly, sensitive and sympathetic approach and will work to resolve your case as quickly as possible. 

Our Hospital Negligence Solicitors have helped secure compensation amounts ranging from £8,000 to £12 million for our clients.

We offer a Free Claims Assessment by phone where we can let you know if we are able to help.

By providing No Win, No Fee arrangements, you can rest assured that you only have to pay legal fees if you win your case. Our Solicitors will explain how this works and organise After The Event Insurance (ATE), so you don't have to pay the other side's costs if your claim is unsuccessful.

Call us on 0808 239 6043 or request a callback and we will help you.

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Why Choose Simpson Millar?

We’re highly knowledgeable and experienced Medical Negligence Solicitors. Suffering an injury that wasn't your fault can be life-changing but getting in touch with us can help you start rebuilding your life.

You can trust that when you talk to our Hospital Negligence Solicitors, they will listen with sensitivity and compassion. We're members of the Law Society's Clinical Negligence Accreditation Scheme and the Action against Medical Accidents (AvMA) Solicitors referral panel.

Our experience and reputation mean we have developed connections with many agencies and support services that can help you and your family if your life has been turned upside down due to hospital negligence. We won't disappear when your claim ends; the long-term wellbeing of every one of our clients is vital to us.

What Is Hospital Negligence?

Hospital negligence is when a patient receives substandard care from a healthcare professional in a hospital setting, which causes them injury or illness, or a worsening of an existing medical issue.

Hospital Negligence can leave lasting physical and psychological effects. Common examples include incorrect or delayed treatment, surgical errors, and misdiagnosis, all of which can happen in NHS and private hospitals.

In England and Wales, everybody has the right to an acceptable standard of hospital care. Medical professionals deal with many appointments, treatments and emergency visits, handling most of them without problems. But if something goes wrong, and you or a loved one suffers an injury or worsening of an existing condition, the consequences can be life changing.

Making a Hospital Negligence claim could help you start to recover. Our specialists could help you secure financial compensation, and if the NHS Trust admits responsibility early on, we can get interim payments to arrange the best support and rehabilitation available.

How Common Is Hospital Negligence?

Hospital Negligence cases are becoming more common and can happen in any department. According to NHS Resolution's 2022-23 annual report, the NHS received 13,511 Medical Negligence claims over the year.

What Are Different Types Of Hospital Negligence?

  • Misdiagnosis or delayed diagnosis, including cancer misdiagnosis
  • Treatment or medication mistakes
  • Treatment or surgery delays.
  • Negligence when performing an amputation
  • Surgical negligence, such as bowel injury
  • Infections caused by unclean equipment or failure to isolate other infected patients
  • A&E negligence
  • Nerve damage
  • Anaesthetic problems
  • Blood transfusion errors
  • Pregnancy and Birth injuries
  • Defective medical equipment injuries

Can You Get Compensation For Hospital Negligence?

Yes, if you have suffered an injury due to the negligence of a doctor, nurse, or other healthcare professional while you were in a hospital, you may have a compensation claim. Our Hospital Negligence Solicitors will swiftly tell you whether we can help and explain the entire process in plain English.

Can You Take Legal Action Against A Hospital For Negligence?

We go to hospital expecting to leave feeling better. But mistakes happen, and standards of care aren't always met. You could take legal action if you've been harmed by something a medical professional did or failed to do.

Your suffering could be immediately apparent or only noticeable over time. Whatever your situation, our Hospital Negligence Solicitors can help you understand whether you could claim compensation and will explain your options moving forward. Speak to our friendly team today for a Free Claims Assessment.

While compensation can't erase what happened, it could bring a sense of closure and help you enjoy the best quality of life possible in the future. By holding a hospital or person to account, making a successful claim could prevent similar situations from happening to other people.  

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Can You Take Legal Action Against A Private Hospital For Negligence?

You can make Hospital Negligence claims against private healthcare providers and NHS hospitals. All doctors registered with the General Medical Council have a duty of care to you and must meet certain professional standards, no matter who they work for.

Do You Need A Solicitor To Help You With Hospital Negligence?

Hospital negligence claims are typically complex, stressful, and require knowing lots of legal and medical terms and jargon. Getting an NHS Trust to admit liability for negligence can also be challenging. So, although you could technically bring a hospital negligence claim without a Solicitor, you will not get the same amount of compensation that an experienced legal professional could obtain.

By relying on us to manage your claim, you can focus on getting better. You can trust that we'll take care of everything to do with your claim and never give up until we get you the highest amount of compensation possible.

How Do You Claim For Hospital Negligence?

Proving Hospital Negligence can be difficult. You'll need to show that your treatment fell below acceptable medical standards and directly caused your injury or illness.

Even if you're not sure if you have a claim, it's best to speak to our legal specialists as soon as possible. We offer a Free Claims Assessment where we'll learn more about your situation and tell you if we think you have grounds to make a claim.

If we do, we'll talk you through your options and next steps. This initial chat comes with no cost or obligation. It's totally up to you whether you take your case further.

What Is The Process For Hospital Negligence Claims?

A typical hospital negligence claim runs as follows:

Initial consultation meeting – we will listen to what has happened to you and let you know if we can help. We'll also explain how No Win, No Fee compensation claims work. 

Gather evidence and statements – our team will take a statement from you and any other witnesses, such as a nurse or doctor who was present. We'll also organise for you to be assessed by an independent healthcare professional and get expert witness reports and prognosis.

Pre-action Protocol steps – we’ll follow the steps set out in the Pre-action Protocol for the Resolution of Clinical Disputes. This includes writing a formal letter to the NHS Trust stating the details of your claim.

Settlement – Over 80% of claims are settled out of court. Our Solicitors have the expertise and experience to negotiate effectively with NHS Resolution to get the compensation our clients are entitled to. But if we have to go to court, you can be confident that we’ll be prepared and support you every step of the way.

After-care – we’ll continue to be available for ongoing support. If you require a Personal Injury Trust, you’ll be passed into the care of our Court of Protection team who will manage your settlement with sensitivity, expertise, and compassion. We’ll also continue to support you with accessing rehabilitation.

How Long Do Hospital Negligence Claims Take?

It depends on how complex your Hospital Negligence claim is.

If it's obvious what happened and the hospital or NHS Trust admits responsibility, known as liability, your case could be completed within two years. But if the evidence is difficult to get or the hospital disputes your claim, the process could take longer.

If the hospital admits responsibility, you could get interim payments to ease financial pressure while your case is ongoing. We can give you a better estimate of how long everything could take once we learn more about your case, so speak to our team today.

What Evidence Is Needed For A Hospital Negligence Claim?

Our Solicitors will gather evidence, including a statement from you and any other witnesses, to prove on the balance of probabilities that your injury was caused by a healthcare professional's negligent actions or lack of action.

You may have to have an independent medical assessment, and we'll instruct expert witnesses to help support your claim and provide a prognosis which assists the Court in calculating how much compensation to award.

How Much Compensation Can You Claim For A Hospital Negligence Claim?

Compensation for Hospital Negligence can help you rebuild your life by easing financial pressure and allowing you access to care you may need in the future. If the NHS Trust or private hospital admits responsibility, we'll ask for an interim payment. They are sums of compensation paid upfront so you can pay for rehabilitation, treatment or any immediate costs you're facing.

Medical negligence compensation awards are split into two categories:

  • General Damages – this is to compensate you for the pain, suffering, and loss of life enjoyment. It focuses on loss that is not simple to calculate using receipts and invoices. For example, if a GP misdiagnosed your cancer and this resulted in you having to have your leg amputated, you may not be able to work in your chosen profession. The general damages part of your award will compensate you for loss of future earnings (including what you may have earned had you had the chance to progress in your career), pension contributions, and any other benefits you may have been entitled to.
  • Special Damages – this is awarded to cover the financial expenses and losses you have incurred, or will incur, directly due to medical negligence. It can include medical costs, travel expenses to and from hospital appointments, rehabilitation costs, care assistance, loss of earnings, parking, and any changes you have to make to your home and vehicle.

Who Pays For Hospital Negligence?

You don't need to worry about your compensation coming directly from a hospital's budget. Whether you claim against an NHS or private hospital, the costs will be covered as part of their indemnity scheme.

NHS Resolution handles NHS Hospital Negligence claims. Private hospitals will have their own liability insurance to cover negligence claims.  

Are There Any Costs Involved In Making A Hospital Negligence Claim?

At Simpson Millar, we take many Hospital Negligence claims on a No Win, No Fee basis. It means you can make a claim without worrying about the financial risk if it's not a success.

You won’t pay any money upfront for your legal fees but you may have to pay for expenses (known as disbursements) like Court fees or medical expert fees. But these expenses would be covered by an insurance product called After the Event (ATE) Insurance should your claim be unsuccessful. ATE Insurance will also pay the other side’s legal costs if you lose your case. We will organise ATE Insurance on your behalf. This completely removes any financial risk of bringing a Hospital Negligence Claim.

The only time you might need to pay anything is when your claim is settled in your favour. Some of the legal costs are met by the other side. But the rest are covered from the compensation you receive. And that amount will always be a share of your settlement we agree in advance.

Is There A Claim Time Limit For Hospital Negligence?

You'll usually have up to three years from when a hospital error happened, or you first became aware of it.

There are some notable exceptions when claiming on behalf of others.

  • If claiming on behalf of a child, the three year limit starts from their 18th birthday.
  • If you're claiming for someone who has lost mental capacity, the three year time limit does not apply unless they regain capacity.

Whatever your situation, it's best to speak to our legal experts as soon as possible.

Hospital Negligence cases can be complex and getting early legal advice improves the chances of collecting the accurate evidence we need to make your claim successful.

Why Choose Simpson Millar as Your Hospital Negligence Solicitors?

While medical errors are rarely intentional, Hospital Negligence can have serious consequences. If you need legal support as a result, there are several good reasons to get in touch with our team.

  • Specialist Solicitors

    Our specialist Hospital Negligence Solicitors have the right experience and expertise in this area to calculate and secure the compensation you deserve. Learn more about our experts

  • We're Well Connected

    We have a broad network of other professionals to lean on. We can organise the best possible treatment and care for your situation, as well as connect you with financial advisors for help managing your compensation

  • We Speak in Plain English

    Hospital Negligence claims can be stressful, but we’ll take the pressure off while keeping you updated every step of the way. We’ll always speak to you in clear, easy to understand language

  • We're Industry Accredited

    You can trust the quality of our services. We’re members of both the Law Society’s Clinical Negligence Accreditation scheme and the Action against Medical Accidents (AvMA) Clinical Negligence panel and this shows our expertise as there is a strict admissions process to access these accreditations.

FAQs

Can I Make A Claim If The Negligence Occurred Abroad?

Unfortunately, we cannot assist with medical negligence claims if the incident took place abroad.

What Should I Do If I Suspect Hospital Negligence?

It can be difficult to tell if your symptoms or condition were caused by negligence. Our medical negligence team have the expertise and experience to identify if negligence is the cause of your suffering. You can be confident that we, with the help of healthcare professionals we trust, can quickly tell if you have a claim.

How Do I Choose The Right Solicitor For My Hospital Negligence Claim?

One of the best ways to know if a Hospital Negligence Solicitor is right for you is to think about how well they listened to your story. An excellent and experienced Solicitor knows that you are likely to be traumatised by what you have suffered and will listen with respect and sensitivity. They will also explain things to you in plain English, focus on getting you the treatment and support you need to recover, and bring a compensation claim.

Will Making A Claim Affect My Future Medical Treatment?

Absolutely not. All healthcare professionals have a duty to treat everyone with the same high standard of care and attention.

Can I Claim On Behalf Of Someone Else?

In certain situations, you can bring a compensation claim on behalf of loved ones, including:

  • If they do not have the mental capacity to bring the claim themselves (for example, they suffered a brain injury.
  • They died because of Hospital Negligence.
  • The Claimant is a child under 18 years.

What Are The Risks Involved In Making A Hospital Negligence Claim?

If we can help you on a No Win, No Fee basis then we take on all your compensation claim's risk. We will also take as much stress off your shoulders as possible. We want you to focus on making a full recovery.

What Happens If The Claim Is Unsuccessful?

If your claim fails, we will explain your options, such as appealing the decision.

How Long After The Negligence Occurred Can I Make A Claim?

You must bring a Hospital Negligence claim within three years of the negligence happening or you becoming aware you suffered an injury caused by medical negligence.

What is hospital-acquired infections, and what are their causes?

Hospital-acquired infections are those that people pick up in hospitals and don't have before going in. They can be caused or spread by a failure to clean hospital equipment properly, and severe cases, such as sepsis, can be life-threatening.

What Should I Expect During The Claims Process?

Although Hospital Negligence cases can take time to resolve, you can expect full support from our team at all times. We pride ourselves on our responsiveness and the compassion and care we give all our clients. Whatever your concerns or questions, we will answer them quickly and in plain English.

What Is The Role Of A Medical Expert In Hospital Negligence Claims?

Medical experts are crucial when proving hospital negligence. After inspecting your hospital records and in some instances personally examining you, they can help the Court decide whether negligence caused your injury. A medical expert can also comment on your overall prognosis which helps the Court decide how much compensation to award.

Can I Change My Solicitor If I Am Not Happy With The Service?

Yes, you can change Solicitors at any time during the claims process. We will advise you how to do this and ask your former Solicitors for all the information relating to the claim which they must hand over.

How Will My Personal Information Be Handled During The Claims Process?

The hospital and our Solicitors must follow data protection rules. Article 9(1) of the UK General Data Protection Regulations covers the use of special categories of data, including medical and health information. It states your medical data can only be processed with your full consent or because it must be revealed in a legal claim.

If you have any concerns about the use of your personal information, you can talk to us, and we will do everything we can to ease your worries.

What Support Services Are Available For Victims Of Hospital Negligence?

Hospital negligence can have devastating, lifechanging consequences. It is vital that you get the specialist treatment, rehabilitation, physiotherapy, counselling, legal help, and financial advice you need. We’ll put you in touch with specialists who can assist you with all aspects of your recovery.

How Can Hospital Policies And Procedures Affect My Claim?

Hospital negligence happens when a healthcare professional gives treatment that falls below the accepted standard of care, resulting in harm or injury to you, the patient. Although policies and procedures may set out how treatment should be given, if the healthcare professional is negligent, or the policies and procedures themselves breach the duty of care a hospital must provide to its patients, you may have a compensation claim

Can I Make A Claim If I Signed A Consent Form?

Signing a consent form means you are consenting to the treatment being suggested by a healthcare professional. This could be in the form of surgery or taking a certain medicine. But the healthcare professional must not be negligent when giving the treatment. The fact you have signed a consent form makes no difference to your right to claim.

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