Hospital Negligence Claims
The term ‘hospital negligence’ refers to errors in the way a hospital and its staff have conducted themselves which has subsequently led to the illness or injury of another person. Any department within the hospital can be affected by a claim of neglect, and the sector is underpinned by strict guidelines and regulations with a view to minimising risks and potential claims.
Hospital negligence cases can lead to new injuries or illness or can heighten the severity of preexisting conditions. Furthermore, the impact that a negligent hospital’s practice can have on the psychological and emotional welfare of a patient can be equally as significant.
If you have been a victim of hospital negligence which has resulted in an illness or injury, an experienced solicitor can empathetically and assertively support you in achieving the compensation that you rightfully deserve.
Am I eligible to make a claim?
If you have suffered an illness, injury or loss because of hospital negligence in any department, you are likely to be eligible to make a claim for compensation.
A knowledgeable and talented solicitor will have an abundance of knowledge and experience in this field and will work hard to secure you the maximum amount of compensation for your claim. Some of the common types of hospital negligence claims include:
- Errors made during surgical procedures
- Illnesses or injuries that are misdiagnosed or diagnosed late
- Prescription and treatment errors, such as wrong medication or incorrect dosage prescribed
- Pressure sores, dehydration and other conditions caused by poor care
- Hospital-acquired infections such as C.Difficile
Your solicitor will carefully assess the details of your case and evaluate the impact that the hospital negligence has had on your life. They will then be able to confirm your eligibility for making a claim and the possible amount of compensation that you will be entitled to. When assessing the estimate of settlement figures, the solicitor will consider the following:
General Damages – this is the amount of compensation that you may be entitled to for the pain and suffering that you have been through. In the UK, the Judicial Studies Board Guideline is used to determine the amount of compensation that may be awarded for general damages. Some of the factors that may be considered include pain, your loss of physical ability, discomfort, whether you are suffering from a continuing disability, etc.
Special Damages – this refers to the actual financial losses that you have suffered as a result of the negligence and subsequent injury or illness. Special damages may include:
- Loss of income from taking time off work
- Loss of future wages from being unable to work
- Past and future medical expenses
- Prescription costs
- Travel costs to and from medical appointments
- Expenses related to medical care
If you have suffered from any of the above losses through the fault of negligent acts of staff and processes in your hospital, you may be eligible to claim compensation. The solicitors we work in partnership with offer a free initial consultation which allows you to confirm your eligibility, the processes involved in claiming and how much compensation you are likely to receive.
How much compensation will I be awarded?
The amount of compensation that you are offered will greatly depend upon your personal circumstances. Your solicitor will work hard to achieve the maximum settlement figure possible and will do this through gathering evidence about your diagnosis, treatment and the severity of your symptoms.
In general, the worse your symptoms are and the greater the impact on your life, the larger the amount of compensation you are likely to be entitled to. Your solicitor will be able to offer you an experienced estimate of the likely compensation amount during your free, no-obligation consultation and this will allow you to manage your expectations successfully throughout the claim.
How long will it take to process my claim?
The amount of time that it takes to process and complete your claim will vary depending upon your individual circumstances. The more complex your case and condition is, the longer your case is likely to take.
To be successful in making a claim for compensation on your behalf, the solicitor will need to demonstrate the severity of your symptoms as well as the liability of the defendant. If either of these points are difficult to prove or disputed by the defendant, the time taken to complete your case might be extended.
To support your solicitor with your hospital negligence claim, you are encouraged to provide as much information as possible to support your claim. Be as detailed as you can in your descriptions and try to keep copies of all relevant documentation as this will be of substantial use to your solicitor when they process your claim and negotiate the highest compensation award that they can for you.
Will my claim be made on a no win, no fee basis?
Yes, your solicitor will be able to provide their advice and experience on a no win, no fee basis. This means that clients can access the compensation that they rightly deserve following an illness or injury caused by another party, without suffering further financial loss. If the solicitor take your case on and is unsuccessful, you won’t pay them a penny.
Is there a time limit for making a hospital negligence claim?
Yes, there are time limits for making a claim for all types of personal injury, and it is essential that these are observed. For hospital negligence and other types of clinical negligence, the time limit is three years from the date of the accident or the date of knowledge.
Whether you go by the date of the accident or the date of knowledge will depend on the circumstances of your particular case. If you have slipped over on a wet hospital floor, the three year period will begin on the date it happened.
For many claims for medical negligence, the date of knowledge will be used. This is the date that the claimant is made aware that they have been the victim of hospital negligence.
This could potentially be weeks, months or even years after the negligent act or omission took place. It could come about after following the NHS complaints procedure, or after being examined by a specialist.
As soon as you know that your injury or illness may have been caused by the negligence of the hospital, it is important to speak to an experienced personal injury solicitor as soon as possible.
Can I get some free legal advice?
If you would like some free legal advice about making a claim, call 0800 678 1410 today for a free consultation. A friendly legal adviser will be happy to discuss your accident, answer any questions you may have and let you know if you have a valid compensation claim.
The free case assessment is provided with no obligation to proceed. So you can contact a legal adviser for a chat even if you are unsure about whether or not you want to pursue a claim.
If you do have a valid case and want to proceed, your solicitor will offer you a 100% no win no fee service. This gives you the benefit of no upfront costs, no hidden fees and no financial risk. If your solicitor cannot win your compensation claim for hospital negligence, you won’t pay them a penny.