Poor Care In A Hospital – Medical Negligence Claims
This guide looks at who could be eligible to start a medical negligence claim after receiving poor care in a hospital. We have provided information on the duty of care owed by medical professionals in hospitals and the eligibility criteria to start a claim in the event this duty is breached.
You will find some hypothetical scenarios of how inadequate care could occur in a hospital and the avoidable harm that could be sustained because of this, as well as the damages that could be awarded for that harm following successful medical negligence compensation claims.
Finally, this guide details the benefits to claimants of working with our panel of medical negligence solicitors under the specific type of a No Win No Fee contract that they can offer.
Advice On How To Claim For Poor Hospital Care
You are free to contact our team of advisors at any time with questions or to get a cost-free assessment of your particular circumstances. To speak to our advisors, use any of the contact details given here:
- Call our team on 020 3870 4868
- Complete our “Claim Online” form.
- See our live chat at the bottom of the guide to get a fast response to your questions.
Select A Section
- A Guide To Claims For Poor Care In A Hospital
- Common Types Of Negligent Hospital Care
- Types Of Evidence Which Could Help You Prove Your Claim
- Examples Of Payouts For Poor Care In A Hospital
- How UK Law Could Help With Your Medical Negligence Claim
- Learn More About Claims For Poor Care In A Hospital
A Guide To Claims For Poor Care In A Hospital?
Medical professionals in both public and private healthcare have a duty to provide their patients with the correct standard of care. A failure to provide care of the correct standard can result in patients experiencing avoidable harm.
In order to start a medical negligence claim after receiving poor care in a hospital, the following criteria will need to be satisfied:
- A medical professional owed you a duty of care.
- There was a breach of this duty.
- You experienced avoidable harm as a result of this breach
Time Limits Which Could Apply To A Hospital Negligence Claim
Medical negligence claims are subject to the time limits set out by the Limitation Act 1980. In most cases, the limitation period is 3 years from the date of the negligence itself or from the date you would have been expected to connect the harm you suffered with the negligent action. This is referred to as the date of knowledge.
Under certain circumstances, exceptions to the 3-year limit can apply, and an extension may be granted. To find out more about the time limit, and if any exceptions apply to your potential claim, use the contact information listed above to speak to an advisor.
Common Types Of Negligent Hospital Care
There are a number of ways that you could receive poor care in a hospital. However poor hospital care does not always mean that a claim for medical negligence is eligible. We have provided some illustrative examples to show how medical professionals could fail to provide the correct standard of care and cause a patient to experience avoidable harm:
- During a surgical procedure to repair damage to your lung, surgeons negligently left a scalpel inside your chest cavity. A second surgical procedure was required to remove the foreign object. This additional procedure resulted in further scarring and discomfort.
- Failure to refer you for further needed testing led to your liver cancer going undiagnosed, resulting in a delay in treatment. By the time the cancer was detected, it had spread to other organs, necessitating a more aggressive treatment plan and invasive surgical procedures.
- An operation went wrong when surgeons amputated your left leg instead of your right leg due to a failure to adequately check your patient notes.
Types Of Evidence Which Could Help You Prove Your Claim
A key part of the claims process is collecting supporting evidence. This is important for showing how your treatment was below the correct standard, as well as highlighting the extent of the harm caused. We have provided a non-exhausted list of possible evidence here:
- Copies of medical records, such as scans, test results and details of surgical procedures, can be very useful in showing what treatment was done, and any subsequent treatment to correct the negligent action.
- If another individual attended any treatment with you, they could provide a witness statement, so make sure you have their contact information.
- A diary detailing the treatment you received and any physical and mental symptoms stemming from this.
The Bolam Test
The Bolam Test is where a selected panel of relevantly trained medical professionals assess whether the care you were provided with was of the correct standard. You will not be organising this yourself, the use of the Bolam Test is decided on a case-by-case basis. Nevertheless, the findings of the test, if it is used, can be useful evidence for your claim.
The care you receive has to fall below the expected standard and result in you suffering avoidable harm in order for you to start a medical negligence claim. You may be dissatisfied with the care you received, but if the correct standard was met, you cannot begin a claim.
A medical negligence specialist from our panel of solicitors could assist you with collecting evidence if you have a valid claim. Reach out to our advisors today for further guidance on medical negligence compensation claims and a cost-free assessment of your particular circumstances.
Examples Of Payouts For Poor Care In A Hospital
Following the success of your medical negligence claim, you will receive a compensation award. There are two different heads of claim this can be comprised of. The first, general damages, awards for physical and psychological harm caused by the negligent action.
To assist in the calculation of the potential value of the harm suffered, solicitors can refer to any provided medical documents in conjunction with the Judicial College Guidelines (JCG). This document published by the Judicial College details guideline award brackets for various different types of harm. We have some of these brackets to collate our compensation table.
Compensation Table
We emphasise that this table has been provided to offer guidance only. Medical negligence claims are assessed on their individual facts, and therefore, we cannot make guarantees about award compensation.
| Type of Harm | Severity | Guideline Award Bracket | Notes |
|---|---|---|---|
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Paralysis of the upper and lower body. Award will depend on life expectancy, level of awareness, the presence of pain and effects on the senses. |
| Epilepsy | Established Petit Mal (b) | £54,830 to £131,370 | Awards in this bracket will depend on whether attacks are controlled by medication, the effect on work and social life and the prognosis. |
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | Cases where there is little environmental response, little to no language function, double incontinence and necessitating full-time nursing care. |
| Brain Damage | Moderate (c)(i) | £150,110 to £219,070 | Moderate to severe intellectual deficit, effect on the senses, personality change and significant epilepsy risk. |
| Chest Injury | Damage to Chest and Lungs (c) | £31,310 to £54,830 | Cases involving some continuing disability stemming from damage to the chest or internal organs. |
| Lung Disease | Lung Cancer (b) | £70,030 to £97,330 | Cancer causing severe pain and impairment of lung function affecting quality of life. |
| Bowels | Total Loss of Function (a) | Up to £184,200 | Cases involving double incontinence stemming from total loss of natural function and control. Other complications will be present. |
| Spleen | Loss of Spleen (a) | £20,800 to £26,290 | Loss of spleen with continuing risk of internal infections due to compromised immune system. |
| Arm Injuries | Loss of One Arm (b)(i) | Not less than £137,160 | Arm amputated at the shoulder. |
| Knee Injuries | Moderate (b)(i) | £14,840 to £26,190 | Injuries involving a dislocation, meniscus or torn cartilage resulting in weakness, minor instability or other minor future disability. |
Special Damages
Special damages is the second head of claim that can make up a compensation settlement. It awards for the financial losses stemming from the harm caused. Some examples of costs you could be reimbursed for are given here:
- Domestic care: such as support with meal prep, washing yourself or cleaning your home.
- Cost of travel to and from work if you cannot drive.
- Loss of income: You may be eligible to be reimbursed for any lost earnings due to time taken off work.
- Out-of-pocket medical expenses: such as prescriptions.
- Modifications to your home, such as an access ramp or stairlift if you experience reduced mobility.
Evidence of incurred costs will be necessary so retain copies of your payslips, invoices for care or receipts as proof of monetary losses. Our advisors can provide a more detailed estimate of the value of your potential claim. Speak to our team today using the contact details given below.
How UK Law Could Help With Your Medical Negligence Claim
Speak to our advisors today to get a free assessment of your potential claim. They can connect you with a solicitor from our panel if they decide you have a valid claim. Our panel offer a No Win No Fee contract called a Conditional Fee Agreement (CFA).
Starting a potential claim under a CFA has distinct benefits. In most cases, there are no upfront fees for the solicitor to begin working on your case. There are also no fees for the solicitor’s services during the claims process. Lastly, in the event the claim fails, you will not pay a fee for the solicitor’s work on your claim.
A successful medical negligence claim for poor care in a hospital will see you awarded a compensation settlement. The solicitor will automatically take a percentage of this compensation. This is referred to as a success fee. The maximum percentage that solicitors can charge as a success fee is legally capped. What this means for you is that the majority of any awarded compensation is yours to keep.
Contact our team of advisors at any time with questions or to get a cost-free assessment of your particular circumstances. To speak to our advisors, use any of the contact details given here:
- Call our team on 020 3870 4868
- Complete our “Claim Online” form.
- See our live chat at the bottom of the guide to get a fast response to your questions.
Learn More About Claims For Poor Care In A Hospital
See more of our medical negligence claims guides
- Read our guide on how to report a doctor for negligence.
- Learn more about the compensation that could be awarded for unnecessary surgery.
- Find out when you could be eligible to claim for the misdiagnosis of a stroke.
Other resources you may find useful
- The NHS Patient Advice and Liasion Service provides confidential advice and support to patients and their families.
- The General Medical Council have prepared guidance on raising concerns over the care you receive.
- The government routinely update the NHS Constitution for England, which you can view here.
Thank you for reading our guide on when you could be eligible to claim for poor care in a hospital. To get a cost-free assessment of your circumstances, speak to our dedicated team of advisors. Contact an advisor using the details provided above.
