If you or a loved one has been affected by poor standards of medical care in a hospital setting, you may understandably feel overwhelmed and unsure of what steps you need to take next. Medical negligence, often referred to as clinical negligence, occurs when healthcare professionals fail in their duty of care, leading to injury, illness or worsening of an existing condition. At Stephensons, our dedicated team of medical negligence solicitors understands how distressing this time can be, and we're committed to guiding you through the claims process clearly and compassionately.
What is hospital negligence?
Hospital negligence can describe a wide variety of situations in which a hospital or one of its healthcare personnel provides substandard care, causing harm to a patient. To make a successful claim, it must be proven that the hospital had a duty of care to you, that the care you received fell below acceptable standards, and that you suffered injury, illness or additional complications as a direct consequence of this substandard care.
Common examples of hospital negligence can include:
- Misdiagnosis or delayed diagnosis.
- Surgical errors and mistakes.
- Medication errors, such as wrong medication or incorrect dosages.
- Failure to properly monitor or treat a patient’s condition.
- Inadequate hygiene or infection control measures.
- Errors made during childbirth, potentially causing injury to mother or baby.
Do I have grounds for making a negligence claim against a hospital?
To successfully claim compensation for hospital negligence, you will need to demonstrate clearly that three core elements are present:
- A duty of care: It must be evident that the hospital or healthcare professional owed you a duty of care. Hospitals and their employees have an obligation to provide healthcare services at an acceptable standard.
- Breach of that duty: You must establish that the care provided fell below a reasonable standard of care. Typically, this is proven by expert medical evidence highlighting the shortcomings in your treatment.
- Harm caused directly by the breach: Finally, you need clear evidence that the negligence directly resulted in harm, injury, illness or a worsening of your medical condition.
If you are uncertain whether your situation meets these criteria, our expert medical negligence solicitors at Stephensons can offer a confidential and no-obligation consultation to discuss your circumstances.
Steps involved in making a hospital negligence claim
If you decide to proceed with a claim for hospital negligence, it is helpful to understand the steps involved:
Initial consultation and assessment
The first step in claiming compensation is to discuss your case with a specialist medical negligence solicitor. At Stephensons, we offer an initial consultation free of charge, where you can speak openly about the treatment you received and your concerns. Our experienced solicitors will then assess whether your case has reasonable prospects for success.
Gathering evidence and obtaining medical records
If you decide to move forward with your claim, our solicitors will request copies of your medical records from the hospital or treatment centre. We will then thoroughly examine the records along with any other pertinent documentation, such as photographs or witness statements, and work with independent medical experts who can provide an impartial assessment of the care you received.
Establishing liability
Once we have carefully reviewed your medical records and the expert reports, we will formally notify the hospital and healthcare professional of your claim. This notification outlines clearly how we believe they failed in their duty of care and the consequences their negligence caused. The hospital, through their NHS or private healthcare insurer, will then respond and confirm if they accept or deny liability for your injuries.
Negotiating compensation
If the hospital accepts liability, we will enter negotiations with them to agree on an appropriate amount of compensation. This settlement will reflect the full extent of your injuries, any ongoing costs of care, loss of earnings, expenses incurred and the pain and suffering you have experienced as a result of the negligence.
Taking court action if needed
In cases where liability is contested or an acceptable level of compensation cannot be agreed upon, your solicitor may advise taking court action. Although most cases settle without the need to attend court, Stephensons is experienced and prepared to vigorously pursue your claim in court if this becomes necessary.
What compensation can I claim for hospital negligence?
If your hospital negligence claim is successful, you may receive compensation covering various areas of loss and damage, including:
- Pain and suffering caused by the injury or illness
- Costs of ongoing and future medical treatment and therapies
- Costs of modifications required to your home or vehicle
- Loss of earnings and future earning capacity
- Care to be provided by professionals or family members
- Additional out-of-pocket expenses incurred due to the negligence
At Stephensons, our solicitors will provide clear and realistic advice about how much compensation you might expect to receive based on your particular circumstances.
Time limits for making a hospital negligence claim
It's important to be aware that there are strict time limits for bringing claims for hospital negligence in England and Wales. Generally, you must initiate your claim within three years from the date the negligence occurred or from the date you first became aware of the negligence. Different time limits can apply in certain cases, such as incidents involving children or patients lacking mental capacity. Therefore, it is crucial that you seek expert legal advice as soon as possible after becoming aware of hospital negligence.
How can Stephensons help you?
Making a claim for hospital negligence can seem daunting, but at Stephensons, we are dedicated to offering professional, reassuring support at every stage. Our experienced team of medical negligence solicitors will handle your claim sensitively and efficiently, aiming to secure the best possible outcome for you and your family.
If you believe you may have been a victim of hospital negligence, contact Stephensons today on 0161 696 6165 for your confidential consultation. We can guide you on whether you have grounds to claim, and discuss your options clearly and objectively. We're here to support you every step of the way.
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