When seeking medical treatment at a hospital, you expect to receive professional, competent and compassionate care. Unfortunately, this is not always the case. Instances of hospital negligence can lead to devastating outcomes for patients and their families, causing significant physical, emotional and financial suffering. At Stephensons, we understand how difficult it is to cope following instances of medical negligence, which is why our dedicated legal specialists are committed to supporting victims in securing the compensation and justice they deserve.
What constitutes hospital negligence?
Hospital negligence occurs when medical professionals or hospital staff fail in their duty of care towards patients, leading to avoidable injuries, illness or further complications. Examples of hospital negligence can include:
- Misdiagnosis or delayed diagnosis of medical conditions
- Surgical errors, including wrong-site surgery or retained instruments
- Medication errors, such as incorrect dosage or prescription errors
- Failure to provide suitable aftercare or follow-up treatment
- Neglectful nursing care leading to pressure sores, dehydration or malnutrition
- Cross-contamination leading to hospital-acquired infections
- Anaesthesia errors during surgical procedures
- Failure to obtain informed consent for medical procedures
If you have suffered harm due to any form of hospital negligence, it is important to seek expert legal advice promptly. Our specialist solicitors at Stephensons have significant experience in handling hospital negligence claims and can provide you with guidance tailored specifically to your case.
Understanding your rights as a patient
As a patient, you have the right to expect a certain standard of medical care from hospital staff and medical professionals. Healthcare providers owe patients what is known legally as a 'duty of care'. When the care you receive falls below the accepted professional standard, resulting in injury or harm, the law allows you to seek hospital negligence compensation.
Hospital negligence claims typically rely on establishing three key elements:
- Breach of duty: Demonstrating that medical care received fell below the standard reasonably expected from a competent health professional in similar circumstances.
- Causation: Proving that the hospital's breach of duty was directly responsible for your injury or suffering.
- Damages: Showing loss or harm as a consequence of the negligent care, which can include physical injuries, psychological harm and financial loss.
With extensive expertise in medical negligence law, our solicitors at Stephensons carefully evaluate every aspect of your experience and establish solid evidence to support these criteria.
The compensation you could receive
Every hospital negligence claim is unique, and as such, compensation amounts vary significantly based on individual circumstances. Compensation claims may be classified into two primary categories:
- General damages: These compensate you for pain, suffering and loss of amenity caused directly by the negligent care. This element takes into account your physical and emotional suffering and the severity of your injuries.
- Special damages: These cover specific financial losses incurred due to negligence, such as medical expenses, travel costs, loss of income and future care requirements.
At Stephensons, our dedicated solicitors meticulously calculate all aspects of your claim, working to secure maximum compensation reflective of your unique circumstances and the full extent of your suffering and losses.
The claims process explained
Pursuing a hospital negligence compensation claim can often seem overwhelming, particularly during times of emotional distress. Stephensons' experienced solicitors guide you through every step of the claims process clearly, compassionately and efficiently, making sure you remain informed and supported throughout.
The typical stages involved in making a successful hospital negligence compensation claim include:
- Free initial consultation: Contact us to discuss your situation, during which we will assess the circumstances of your claim and advise you on your legal options.
- Evidence gathering: Our team undertakes thorough investigations, obtaining medical records, expert opinions and witness statements to build a robust claim.
- Letter of claim: We formally notify the responsible hospital or NHS Trust of your intention to pursue compensation and provide them with detailed allegations.
- Response from the hospital: The hospital has a set timeframe to investigate the allegations and provide their formal response.
- Settlement negotiations: We actively engage in negotiations seeking a fair settlement on your behalf. Many claims are successfully resolved at this stage without court intervention.
- Court proceedings: Should negotiations fail to achieve a fair resolution, we will proceed with court action. Your Stephensons solicitor will provide full support and guidance throughout this entire process.
Time limits for hospital negligence claims
In most medical negligence cases in England and Wales, there is a standard three-year time limitation within which claims must be initiated. This typically begins from the date of the negligent incident or from the date you first became aware that negligence occurred (the date of knowledge).
Exceptions to this three-year limitation period include children, who have until their 21st birthday to commence legal action, or individuals lacking mental capacity. In such cases, the time limit might be extended or suspended. Regardless, it is essential to seek legal advice at the earliest opportunity to protect your rights.
No win, no fee hospital negligence claims
At Stephensons, we handle most hospital negligence claims on a no win, no fee basis (also known as Conditional Fee Agreements). This means that if we accept your claim, you can proceed with no upfront financial risk and have peace of mind knowing you'll only pay limited legal fees if your claim is successful. We believe that financial constraints should never prevent victims from seeking justice. Our transparent and straightforward approach ensures clarity regarding fees and costs throughout the entire claims process.
Why choose Stephensons?
Stephensons Solicitors LLP is proud to offer comprehensive legal support to those affected by hospital negligence. Our established reputation, expertise and proven success in handling complex medical negligence claims provide assurance that your claim will be professionally managed by skilled and compassionate solicitors.
When choosing Stephensons, you benefit from:
- Specialist medical negligence solicitors with years of collective experience in the field
- Dedicated support professional throughout your case, ensuring you are always informed and advised clearly
- A proven track record of securing substantial hospital negligence compensation awards for our clients
- Accreditation from recognised legal bodies, endorsing our commitment to high standards and ethical practices
- A compassionate and understanding approach throughout each stage of your claim
Contact Stephensons today
If you or a loved one has suffered due to hospital negligence, Stephensons Solicitors LLP offers experienced, approachable and professional legal advice and representation. To arrange your free initial consultation, or to gain further information about how we can support your hospital negligence compensation claim, please contact our specialist medical negligence solicitors today on 0161 696 6165.
We are here to offer the expertise, support and dedication you deserve throughout your claim. Trust Stephensons to pursue justice and the compensation you rightly deserve.
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