Can I make a claim against a private healthcare provider?

All medical professionals, including those working in private settings, owe patients a legal duty of care. A breach of this duty can result in a medical negligence claim against a private medical provider or the NHS.

Private healthcare providers must offer a certain standard of medical care and treatment according to common law and professional guidelines. Breach of duty can include misdiagnosis, delayed diagnosis, surgical errors, prescription errors, and dental negligence.

If you’ve suffered any avoidable harm whilst receiving private medical treatment, call 0800 470 0474 to find out if you can make a claim. You can also enter your details into our online contact form to request a call back.

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Table of Contents

• Duty of care in private healthcare
• Can I claim against a private healthcare provider?
• What is private healthcare negligence?
• How do I file a complaint against a private hospital?
• How do I make a claim against a private healthcare professional?
• Evidence needed to support a medical negligence claim
• Examples of private healthcare negligence
• Can I claim against a private doctor on behalf of a loved one?
• Can I make a claim for wrongful death?
• Time limits to make a medical negligence compensation claim
• How much compensation can I claim against a private healthcare provider?
• How much does it cost to claim against a private hospital?

Duty of care in private healthcare

Both NHS and private healthcare professionals have a legal duty of care towards patients. This duty applies to all medical providers, including hospitals, GPs, dentists, surgeons, specialists, nurses and other medical staff. The scope of the duty of care includes:

• Providing competent and skilled treatment in line with accepted standards;
• Fully inform patients about the risks, benefits and alternatives of a procedure;
• Carry out thorough examinations and tests to correctly diagnose a condition;
• Keep up with hygiene standards to prevent infections such as MRSA;
• Maintain accurate medical records of the patient’s history, treatments, and prescriptions;
• Provide ongoing care and appropriate referrals when necessary;
• Comply with regulatory bodies such as the General Medical Council (GMC) and the National Institute for Health and Care Excellence (NICE).

Failure to comply with the duty of care can harm patients and result in a claim for medical negligence.

Can I claim against a private healthcare provider?

Many people choose to receive their medical treatment through private practices rather than the NHS. They are often motivated to do so to minimise waiting times, enjoy more comfortable rooms, and receive better aftercare.

While most patients are happy with their choice, negligence can sometimes occur in the private sector. When this happens, the victim is legally entitled to make a claim for compensation, similar to a claim against the NHS.

You will be eligible to make your claim if the following points can be established:

• Duty of care. The hospital or healthcare provider owed you a duty of care. As seen in the section above, this is a given when you seek medical advice or treatment.
• Breach of duty. This occurs when the expected standard of care is not met and could involve a misdiagnosis, surgical error or another form of medical negligence.
• Causation. There needs to be a clear link between the breach of duty and any injuries or harm you suffered as a result.
• Damages. You must be able to provide evidence of the physical, emotional and financial impact of the negligence.

What is private healthcare negligence?

Private medical negligence refers to any substandard care received in a private healthcare setting that harms or injures the patient.

In the UK, examples of healthcare providers that are not run by the state include Ramsay Health Care, AXA Health, BUPA and Nuffield Health.

However, like NHS healthcare providers, private medical professionals owe a duty of care to their patients. If this duty is breached and it results in harm, the affected patient may have grounds for a medical negligence claim.

Below, you can read more about the different types of negligence that could occur in the private sector and how you can make a claim for compensation.

How do I file a complaint against a private hospital?

If you received substandard care at a private hospital, you might want to file a complaint in order to gain more insight into what happened and why.

For starters, you can raise your concerns directly with the doctor or hospital that treated you, preferably as soon as possible. Every hospital, dental practice, and other healthcare facility should have an established procedure for handling internal complaints.

Making an internal complaint can allow an investigation to start right away and find a quick solution to your grievance. You should request a written response outlining the findings and any corrective actions taken.

If you are unsatisfied with the response, you can file a formal complaint with the Independent Sector Complaints Adjudication Service (ISCAS) or the Care Quality Commission (CQC). These independent bodies regulate and inspect the NHS and private healthcare providers.

Whether you are satisfied with the outcome of your complaint or not, a specialist solicitor can further help you to make a private healthcare negligence compensation claim.

How do I make a claim against a private healthcare professional?

In many ways, making a compensation claim against the NHS or a private healthcare provider is a similar process. The main steps of the process are as follows:

• Contact a solicitor with expertise in medical negligence claims. They will assess your case and let you know if you have a valid claim. They will handle all legal procedures and negotiate compensation on your behalf if you can proceed.
• Your solicitor may advise you to file a formal complaint with the private healthcare provider. While this won’t result in compensation, it can provide explanations and could be used as evidence in your claim.
• To build a strong case, your lawyer will help you gather as much evidence as possible. Once you have the necessary proof, they will send a letter of claim to the defendant. This letter will outline the details of your case and the compensation you seek.
• If the other party admits liability, your claim will be settled through negotiations. Most cases are resolved like this, as it is beneficial to both parties.
• If liability is denied or you cannot reach a fair settlement, your solicitor will issue court proceedings. Even so, most cases are settled before trial.
• If your claim is successful, you will receive compensation, typically within four weeks.

Evidence needed to support a medical negligence claim

The evidence that could help you support a private healthcare negligence claim includes:

• Medical records that can attest to diagnoses, ongoing medical conditions, test results, doctor’s notes and treatment plans;
• Reports from medical experts can help determine whether the care you received fell below the acceptable standard and its impact on your health and recovery;
• A copy of the consent form you signed before undergoing treatment;
• Statements from you and witnesses who observed the care you received and its impact on your health;
• Photographs or videos of visible physical injuries or poor hospital conditions;
• Any correspondence with the healthcare provider or complaints made to the hospital;
• Proof of incorrect prescriptions, dosage errors, or harmful drug interactions;
• You also need evidence of any related financial losses and expenses, such as lost earnings and further treatments.

Your solicitor will help you gather everything you need to make a private healthcare negligence claim and secure the compensation you deserve.

Examples of private healthcare negligence

Negligence when providing care and treatment can result in various types of private healthcare claims. The most common ones arise from the following situations:

• Misdiagnosis or delayed diagnosis, leading to worsening health, delayed treatment, and the need for more aggressive treatment;
• Mistakes made during surgery, such as operating on the wrong body part or leaving instruments inside the body;
• Medication errors, such as prescribing the wrong medicine, wrong dosage, or medicine the patient has a known allergy to;
• Poor care during pregnancy and childbirth, resulting in avoidable birth complications;
• Poor hygiene practices, resulting in hospital-acquired infections;
• Mistakes in anaesthetic dosage, which can lead to anaesthetic awareness or brain injury;
• Failure to provide proper follow-up care and monitor complications.

These are the most common types of negligence from private healthcare providers, but they are not the only ones. If you suffered any harm after receiving private healthcare, do not hesitate to contact a medical negligence expert to see if you can claim compensation.

Can I claim against a private doctor on behalf of a loved one?

If a loved one suffered an injury due to private healthcare medical negligence, you could claim compensation for them as their litigation friend. Typically, this process is used if the victim is a child under 18 or an adult who lacks mental capacity.

A person could lack mental capacity due to various conditions, such as:

• A severe brain injury or stroke
• A neurodegenerative condition like dementia
• A mental health illness like schizophrenia
• An intellectual disability such as autism
• Post-traumatic stress disorder (PTSD)

The court will allow you to represent them if you can make fair and competent decisions about the case and there is no conflict of interest between you. The claims process is similar to any other personal injury case.

You will have various responsibilities as a litigation friend, which include making decisions about the case that are in your loved one’s best interests and liaising with your chosen solicitor. If you win the case, a judge must approve the agreed settlement during a court hearing.

Can I make a claim for wrongful death?

In the most unfortunate cases, a doctor’s negligence can lead to fatalities. Examples include:

• Failure to diagnose a life-threatening condition like sepsis or a stroke;
• Administering too much anaesthesia during surgery;
• Negligence during childbirth, leading to the loss of the mother or the baby;
• Mistakes made during surgery that cause severe organ damage or excessive blood loss.

If you lost a loved one due to substandard medical care and you qualify as their dependent, you may be able to claim under the Fatal Accidents Act 1976. Your compensation could include:

• The financial benefits expected from them, such as lost salaries, bonuses and pensions;
• The loss of services they provided, such as childcare and household chores;
• Reasonable funeral expenses like wreaths, a headstone and transporting the body to the grave;
• The pain, suffering and financial losses they incurred between the negligent medical treatment and the date of death;
• You could also be able to claim a bereavement award of £15,120 for the grief caused by the wrongful death of your loved one.

Time limits to make a medical negligence compensation claim

Under the Limitation Act 1980, you have three years to start your claim for compensation from either:

• The date the alleged negligence took place.
• The date you became aware of the negligent medical treatment and its impact on your life (the date of knowledge). This date most often applies to clinical negligence cases.

As with any other claim, the sooner you seek legal advice, the better. This usually makes it easier to collate evidence and build a strong case.

There are a few exceptions that apply to the three-year limitation date:

• There is no time limit to make a child injury claim on behalf of a minor. Once the child turns 18, they have until the age of 21 to claim for private healthcare negligence themselves.
• The time limit is put on hold if the injured party does not have the mental capacity to claim. This could be due to a brain injury or a condition such as Down syndrome or dementia. A litigation friend could claim for them at any time.
• If you lost a loved one due to negligent medical treatment, you have three years to claim compensation from the date that they passed away.

How much compensation can I claim against a private healthcare provider?

The amount of clinical negligence compensation you may be entitled to claim is calculated based on two types of damages:

• General damages compensate you for the actual injury or injuries you have suffered. This will take into account physical pain, emotional damage, loss of enjoyment of life and impact on hobbies and daily activities.
• Special damages are awarded for the financial losses resulting from medical negligence. These could include further medical treatments, travel expenses, loss of earnings and care costs during recovery.

The compensation for special damages is calculated based on documents such as receipts and payslips. General damages are subjective and depend on the type and severity of your injuries.

Our personal injury compensation calculator can give you a rough idea of how much compensation you could be entitled to.

How much does it cost to claim against a private hospital?

If you have a valid claim, a specialist medical negligence solicitor will work on a no win no fee basis to help you secure compensation. You will not have to pay anything upfront or if your case is unsuccessful.

Under the no win no fee agreement, your solicitor only gets paid a success fee if they win your claim. This fee is deducted from your compensation award and can’t exceed 25%.

To find out if you could be eligible to make a claim against a private doctor or another medical professional, call 0800 470 0474 today or use our contact form to arrange a call back and a free case assessment.