Hospital Negligence Claims

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.