When you go into hospital you can usually expect to receive a high standard of care. However things can and do go wrong and if you have experienced negligent treatment during your stay, you could be entitled to make a compensation claim against the hospital.
Some of the most common hospital negligence claims made by hospital patients include:
- Not diagnosing a condition or injury or diagnosing it late
- Failing to request further tests eg. blood tests, X-Rays, MRI or CT scans
- Mistakes made during surgery by the surgeon, anaesthetists or nurses involved eg. perforating the bowel or other organ, cutting a tendon or ligament, operating on the wrong part of the body
- Mistakes made during A&E, misdiagnosis, failure to request tests or x-rays or refer to specialists
- Poor standards of care following surgery eg. failing to monitor heart rate, breathing
- Poor standard of care in hospital eg. not monitoring the condition, nutrition or hydration of a patient, pressure sores developing because a patient has not been turned regularly
- Poor standards of care for patients with chronic conditions such as diabetes
- Acquiring a bacterial or viral infection in hospital due to poor hygiene and cleaning standards
- Medication errors i.e. prescribing the wrong medication or at the wrong dose eg. failing to provide diuretics, antibiotics, thrombo-embolic prophylaxis
- Medication errors associated with diabetic patients eg. negligently administering too much or too little insulin to a diabetic patient.
- Failure to prevent or reduce the risks of a patient falling
The list is not exhaustive and if you believe that you experienced a poor standard of care in hospital you may be entitled to seek compensation for any injury or loss resulting from this negligence.
We provide a free case evaluation and a ‘No Win No Fee’ agreement. This means that you will not be charged any upfront legal costs in order to start your compensation claim and if your claim is not successful, you will not incur any costs*.
Contact us today on 0333 900 8787, email email@example.com or complete our online form.
Hospital Negligence FAQs
In order to make a hospital negligence claim, it must be shown that the care you or a loved one received:
- Fell below a reasonable standard which should be expected from a health care provider
- And the substandard care was directly related to the patient’s injury or death.
Securing the maximum compensation available for hospital negligence requires the skill and expertise of Devonshires Claims‘ medical negligence solicitors.
Our compensation experts will review your case and determine if there is a strong case for hospital neglect.
We will consult our network of medical experts and specialist barristers to piece together the circumstances of your case and the full impact of the negligence on your health, quality of life, long term care requirements and loss of income.
The common forms of hospital negligence
Hospital errors can lead to serious and even life changing consequences. Commonly reported mistakes include:
To see if you are entitled to compensation for negligent care, surgery or treatment in hospital, contact our claims experts today to start your free case evaluation.
To review your case we will need a few details such as:
- The nature of your condition or injury which required a hospital stay
- The circumstances of the alleged negligence
- The hospital and the specialism of the staff involved
- The consequences of the error, mistakes or neglect on your injury, health, well-being and income.
- Any steps you have taken to deal with the alleged neglect and the consequences
If required, we may also consult our network of medical experts to obtain their opinion on the circumstances of your case. We will not require any money from you in order to request these expert consultations.
Our medical negligence solicitors provide a no win no fee agreement. This means that you will not incur any costs if your claim is not successful.
Our claims experts work hard to secure you and your family the best possible amount of compensation for:
- The pain and suffering you or your family member experienced
- The impact of the negligence on your physical and mental health
- Any restorative treatment required eg. further surgery, treatment, tests, rehabilitation
- Any short or long term care requirements
- The loss of life, mobility, function
- The loss of income, future earnings, promotion prospects
- Medical or travel expenses
You can bring a hospital compensation claim within three years of the date of the negligent incident or when you first became aware of the possibility of negligence.
You can make a claim for a child under 18 at any time before their 18th birthday. After the child reaches 18 they can then make the claim on their own – provided it is made within three years, i.e. before they turn 21.
A child or adult without capacity to run a claim, may not have a time limit within which to bring a claim. We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.
You can make a claim for a child under 18 at any point. After the child reaches 18 they can then make the claim on their own – provided it is made within three years of them turning 18. This means the young adult must bring a negligence claim before they turn 21.
A child without capacity to run a claim, may not have a time limit within which to bring a claim. We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.
If a patient has died following negligent care, treatment or surgery in hospital, a family member could claim compensation from the NHS or private hospital.
Who can bring a claim
If the deceased had a will, then the executors of the estate will be legally entitled to bring a compensation claim. The executors have an obligation to distribute the estate, including any compensation received, in accordance with the will.
If the deceased did not have a will and as such died ‘intestate’ it is then the responsibility of the nearest relative to administer the estate and any compensation received. The ‘nearest relative’ is defined in section 46 of the Administration of Estate Act 1945, and they will be able to apply to have a grant of letters of administration in order to administer the estate and the compensation.
An executor or administrator must bring a claim within 3 years of the death or the date when it was determined that hospital negligence was the direct cause of the patient’s death.
What can compensation be claimed for?
If your partner or family member died as a result of negligence or errors made in hospital, you could claim compensation for:
- The pain and suffering of the deceased
- The loss of love, affection and companionship
- Loss of financial dependency
- For funeral expenses and any other financial losses
- A fixed sum for bereavement
Calculating the compensation for the death of a family member can be complex, however the table below will provide some guidance. Medical negligence compensation pay-outs will be based on the individual circumstances of a case and the nature and severity of the injury.
Compensation can also be awarded for various other losses such as loss of benefits, services and income.
A compensation claim against an NHS or private hospital can help you recover financial compensation for:
- Your pain, both physical and mental, as a consequence of the negligence. This is also known as “General Damages”.
- Any losses and expenses you have already incurred
- Medical expenses for restorative treatment and surgery
- Future care requirements including home adaptations, physiotherapy, aids
- Travel and other expenses
- Loss of future income and promotion prospects
Where a family member has died due to negligent care, surgery or treatment in hospital, you can also claim:
- funeral expenses
- loss of future wages
- lost future benefits eg. pensions, insurance payouts
- loss of companionship
The final hospital negligence compensation payout will be based on a variety of factors and will therefore be unique to each case and the circumstances of the victim.
The figures below provide a general guideline on the potential compensation available for neglect and mistakes made in hospital. For a more in-depth assessment of the potential compensation you could claim, please contact our claims experts today.
Why choose Devonshires Claims to support your hospital negligence case?
If mistakes were made during your hospital stay, and the negligent care, surgery or treatment resulted in a serious injury, complications, or infections caught in hospital, you could be entitled to compensation. The compensation would acknowledge your injury and provide financial support for your recovery and loss of income.
Devonshires Claims’ hospital negligence solicitors have over 20 years’ experience in supporting patients with hospital negligence claims and are experienced in pursuing successful claims against the NHS and private hospitals, obtaining justice and the maximum compensation pay-out to reflect the injury and its consequences on your life. Our claims experts will investigate the circumstances of your case and determine whether your injury was linked to the substandard care you received.
Contact our compassionate and dedicated compensation claims experts today for a free no-obligation case evaluation. Call us on 0333 900 8787, email firstname.lastname@example.org or use our online form to contact us.
£2 million compensation for negligent hospital treatment resulting in air embolism and stroke
Claim following removal of a central line with the patient sat in a chair. This led to an air embolism and stroke which caused a somatoform pain disorder and permanent disability. This is one of the NHS’s 10 “never events”.
£2 million made up of compensation for the injury, past and future loss of earnings, care and equipment, treatment and the additional cost of suitable housing.
Client’s Vein Damaged When Cannula Inserted Negligently
Negligent treatment of a breast cancer patient. The client suffered pain and loss of function in their right hand and forearm as a consequence of an extravasation of a vesicant drug during their cancer treatment (chemotherapy).
Estimated £50,000 recovered in damages – pre-Trial settlement.
Nursing Staff Negligent When Transferring Patient to a Bed Following Surgery: £9K Compensation
Legal action following a failure by nursing staff to appropriately transfer a patient to a bed following surgery causing damage.
£9,500 recovered in damages for the additional unnecessary surgery and scarring caused by the negligent transfer of the patient.