Can I Sue A Hospital For Negligence?
If substandard care has led to you suffering avoidable harm, you may be asking: “Can I sue a hospital for negligence?”. Our guide aims to help you understand when you could be eligible to begin a medical negligence claim against a hospital and what evidence you could gather to support your case.
Medical professionals working in different medical settings, including hospitals, owe their patients a duty of care. We discuss this further in our guide and provide examples of how negligent care in a hospital could occur.
You can also read about how a payout can compensate for the different ways negligent medical care affected you. Finally, we note the benefits of having an expert medical negligence solicitor from our panel working with you on No Win No Fee terms.
Contact us today and an advisor can discuss hospital negligence claims with you as part of our free advisory service. This also includes an obligation-free eligibility evaluation to see if your case could get support from one of our panel’s experienced medical negligence solicitors. We are available around the clock, so do not hesitate to either:
- Call 020 3870 4868.
- Ask about your claim online.
- Talk to us through the live chat pop-up below.
Select A Section
- Can I Sue A Hospital For Negligence?
- What Could Be Classed As Medical Negligence?
- Examples Of Medical Negligence In A Hospital
- How To Support Hospital Negligence Claims
- Estimated Payouts For Medical Negligence Claims
- How To Sue A Hospital For Negligence With No Win No Fee Medical Negligence Solicitors
Can I Sue A Hospital For Negligence?
If you are reading this guide because you are wondering, “Can I sue a hospital for negligence?” the answer is you might be able to, if certain criteria are met.
The medical professionals who treat you in hospital owe you a duty of care. This means that they have to ensure their work meets the correct standard at all times.
You could sue the hospital if you can clearly show that:
- A medical professional – for example, a doctor, nurse or surgeon – owed you a duty of care.
- Their care fell short of the expected standard, which constituted a breach of their duty.
- As a direct result, you sustained avoidable harm.
In this guide, we explain how to sue a hospital if you have a case that meets these criteria.
Time Limits To Sue A Hospital For Negligence
In addition to establishing you meet the hospital negligence claim eligibility criteria above, you must also begin your claim within the relevant time limit. For medical negligence claims, you will have three years from the date of medical negligence or the date of knowledge. The latter means the date you became aware that a medical professional’s negligent care caused you avoidable harm.
The time limit is set out by The Limitation Act 1980. However, a small number of exceptions could be made to the limitation period for bringing forward a medical negligence case. For example, if the person is under the age of 18 or does not have the mental capacity to pursue a claim, the time limit can be paused.
For more information on the time limit and exceptions for starting a hospital negligence claim, call us for free on the number listed above.
What Could Be Classed As Medical Negligence?
Doctors, nurses, surgeons, and other medical professionals in all hospitals are expected to uphold their duty and provide the correct standard of care.
Medical negligence can be summed up as a medical professional’s care deviating from the expected professional standards and causing a patient harm that could have been avoided if the care met the level expected of a competent professional.
If you have suffered unnecessary harm because of negligent care, call today to learn how a No Win No Fee solicitor could help you sue a hospital.
Examples Of Medical Negligence In A Hospital
Substandard care leading to avoidable harm that could be classed as medical negligence can occur in many different ways. For example:
- Surgical negligence could occur when a surgeon amputates the wrong leg. This is known as wrong site surgery and is a never event; an incident that should always be prevented. The surgical error means the patient needs another surgery to remove the correct leg, leaving with a loss of both legs.
- A hospital loses a patient’s medical records and latest test results through an admin error. This leads to a delayed diagnosis of a brain tumour. The error allows the cancer to spread and cause severe brain damage.
- A nurse fails to change a patient’s dressing for a significant period, leading to them contracting an infection.
- A doctor misses a collapsed lung and instead diagnoses the patient with angina. Due to this incorrect diagnosis, the condition worsens and the delayed treatment leads to other complications.
You could have a valid medical negligence compensation claim if substandard care has caused you avoidable harm. For more information, please get in touch using the number above.
How To Support Hospital Negligence Claims
Understanding how to sue a hospital for malpractice includes knowing what steps to take after you receive negligent medical care. If you are suing a hospital, proving medical negligence is important. You can do this by gathering evidence, such as:
- Medical records, such as copies of X-rays, letters of diagnosis, blood test results, and doctor or hospital reports.
- A diary of the physical and psychological impacts you have experienced due to negligent medical care.
- Documents proving any financial losses caused by medical negligence, such as wage slips to show any lost income.
Additionally, you may need to attend an independent medical examination as part of the claims process. This can produce a report detailing the full extent of the needless harm you have suffered. The report can also be used to help when valuing your compensation settlement.
Furthermore, the Bolam test may be applicable to your case. This involves a panel of relevantly trained medical professionals assessing your case to determine whether the care you received met the correct standard. You won’t have to organise this yourself and whether it’s carried out will depend on your specific case.
An expert medical negligence solicitor from our panel could assist you through the claims process by helping you gather evidence and arranging for you to attend an independent medical examination.
Find out more by calling us on the number above. We can assess your case for free and determine whether one of our panel’s specialist hospital negligence solicitors could take on your case.
Estimated Payouts For Medical Negligence Claims
You might be wondering: “How much can you sue a hospital for negligence?”. Medical negligence claim payouts will vary from case to case as several factors are considered when determining how much compensation is owed.
Generally, though, a settlement awarded following a successful hospital negligence claim could comprise up to two heads of loss.
One is general damages, a head of claim that compensates for the physical and mental impacts of medical negligence.
Those figuring out the value of your clinical negligence claim might use medical evidence, alongside the guideline compensation figures found in the Judicial College Guidelines (JCG), to assist them.
Compensation Table
This table features guideline compensation brackets from the JCG, except for the top entry. Please note that the table is only intended as general guidance.
| INJURY | SEVERITY | COMPENSATION GUIDELINE |
|---|---|---|
| Multiple Types of Severe Harm Plus Special Damages | Severe | Up to £1,000,000+ |
| Brain and Head | Very Severe | £344,150 to £493,000 |
| Moderate (iii) | £52,550 to £110,720 | |
| Leg Amputation | Loss of both legs | £293,850 to £344,150 |
| Kidney | Serious and Permanent Damage or Loss | £206,730 to £256,780 |
| Bowels | Double Incontinence | Up to £224,790 |
| Lung | Breathing Difficulties (Short of Disabling Breathlessness) | £38,210 to £66,920 |
Special Damages In Hospital Negligence Claims
The potential second head of claim you could see in a medical negligence claim payout is special damages. This seeks to address financial losses caused by medical negligence, such as:
- Lost income.
- Travel expenses.
- Medical expenses.
- The cost of care at home.
- Home adaptation costs.
As mentioned, evidence can help prove these losses so you should keep hold of any payslips, travel tickets, invoices, and receipts.
For more information on claiming hospital negligence compensation for poor care in a hospital, call us any time. We can provide more information on how clinical negligence compensation is calculated and how if you instruct a No Win No Fee solicitor to represent you, they can ensure all aspects of your claim are included in your payout.
How To Sue A Hospital For Negligence With No Win No Fee Medical Negligence Solicitors
You could sue a hospital for negligence with the help of dedicated legal representation. The expert medical negligence solicitors on our panel are experienced in helping eligible claimants with claims against hospitals.
Additionally, a solicitor from our panel could take on your case under a Conditional Fee Agreement.
As a form of No Win No Fee deal, this can benefit you by ensuring no payment for your solicitor’s work upfront or during the claim. If the case does not succeed, the solicitor will not ask you to pay a fee covering their work.
Winning the case means receiving compensation, and at that point, your solicitor would be entitled to a success fee. This is a minor percentage of your compensation. A piece of legislation, The Conditional Fee Agreements Order 2013, sets a cap on this percentage. The cap ensures you keep the majority of your settlement.
Contact Us
If you’re still wondering whether you can sue a hospital for negligent care you received leading to avoidable harm, call today and an advisor could carry out a cost-free evaluation for you. If you have a reasonable case against a hospital, you can be put through to one of our panel’s solicitors to begin seeking compensation.
To learn more or ask any questions about medical negligence claims you may have, please either:
- Call 020 3870 4868.
- Write to us about your claim online.
- Use the live chat feature on this page.
Where To Find Out More About Clinical Negligence Claims
Here are some further medical negligence claim guides we have produced:
- Find out how to report a doctor for medical negligence that caused you avoidable harm.
- A guide on seeking compensation for an operation gone wrong and its effects.
- Learn about claiming for first aid negligence that harmed you.
We have also included some extra resources:
- Information on Statutory Sick Pay from the government.
- Learn how to complain to the NHS about poor care.
- Find out about the professional standards for doctors from the General Medical Council.
Thank you for reading our guide on how to sue a hospital for negligence. Please call the number above if you have any other questions.
