Hospital negligence claims

What are the main types of hospital infection?

If the proper safety and hygiene procedures aren't followed in hospitals, the result can quickly mean the spread of infections. Some of these can have serious consequences and can be life-threatening in the worst cases.

There are many types of infections you could contract during a hospital visit, such as:

• Bacterial infections like MRSA and Clostridium difficile (also called C. difficile)
• Viral infections such as norovirus
• Infection of surgical wounds
• Urinary tract infections
• Infections of the bloodstream
• Infections of the skin and soft tissues
• A failure or delay to specialist referral

Hospitals and staff should always take actions to avoid these infections from spreading or coming into contact with patients or visitors. If you contracted an infection during hospital treatment due to substandard hygiene, you may be able to claim hospital negligence compensation.

I suffered negligent treatment in Accident and Emergency - can I make a claim?

A visit to A&E is usually unexpected and can be a very stressful experience. After a sudden injury or health problem, A&E is usually the first place most people turn to for help.
A&E departments are busy 24 hours a day. We all know how tirelessly doctors, nurses and hospital staff work to make sure every patient is treated in the best way possible. However, when mistakes do happen, they can be life changing. If you've been injured due to negligent treatment in A&E, we can help you explore the options you have to help make things right.
Whether your condition was made worse by delayed treatment, misdiagnosis, mistakes in drug dosage or any other form of medical negligence, we can help you get the support, apology and compensation you need.

If you're unsure whether you can make a hospital negligence claim, you can get in touch with us for free, impartial advice on . We're here to answer your questions and can let you know whether or not you may have grounds for a claim.

Has hospital negligence affected your mental health?

Hospital negligence can not only impact your physical health, but your mental health too. In fact, our Make It Right campaign revealed that 72% of people who have experienced an accidental injury said their mental health was affected after their accident. The most common issues experienced were stress and anxiety - and 62% of people said their psychological recovery took longer than expected.

To gain a deeper understanding of the psychological impact of accidental injuries, we spoke to Clinical Psychologist Dr. Claire Freeman. 

Who is eligible to make hospital negligence claims?

Everyone has the right to make a hospital negligence claim if they've been harmed by something while staying in hospital. If you or a loved one has experienced substandard care leading to injury, harm or medical complications, you may be able to make a hospital negligence claim.

Sometimes injuries caused by hospital negligence are immediately obvious. An investigation by the hospital itself and/or via a compensation claim will decide whether clinical negligence caused it.

However, some cases aren't immediately obvious. For instance, long-term misdiagnosis or mistreatment can mean the damage goes unnoticed for months. 

Whatever the circumstances of your hospital negligence incident, come and talk to us when you're ready on [medtel]. We'll give you clear and impartial advice that will help you explore your options.

We'll then leave you to decide whether you'd like to go ahead in your own time. If you want to take the next steps, we can put you in touch with a specialist hospital negligence lawyer from our carefully approved nationwide network. They'll be happy to answer your questions and will work hard to get the best outcome for you.

If you don't feel ready to speak to us, you can try our online hospital negligence claim checker. It'll quickly tell you whether you could make a claim in five simple steps.

Can I make a hospital negligence claim for someone else?

If someone you care about has suffered due to negligent treatment, we understand that you'll want to make it right. While we can't take away the injuries or pain they may be suffering, we can help them get compensation and an apology for what they've been through.

If possible, we would need to speak to the person who suffered from hospital negligence to confirm their consent for you to claim on their behalf. However, we know that this is impossible in certain situations, for instance if that person is unable to speak or doesn't understand that you are seeking compensation. For example, if your loved one has severe autism, dementia or brain injuries that mean they are unable to obtain compensation themselves, hospital negligence claims can be made on their behalf. 

Unfortunately, some hospital negligence cases can be fatal. We know that we can't take away the loss and pain you will be experiencing, but we can help you get some financial support. The compensation you receive could go towards funeral costs, legal expenses and any other costs you are facing.

Can hospital negligence claims be made on behalf of a child?

Yes of course. You can make hospital negligence claims on your child's behalf any time up until their 18th birthday. After this date (if no claim has been made), they can make their own claim as a young adult anytime up until their 21st birthday.

In very serious cases where the child's mental capacity has suffered long term damage as a result of the incident, there are usually no time limits for making hospital negligence claims.

Is there a hospital negligence claim time limit?

Yes - there is a hospital negligence claim time limit. In most cases, you can bring a claim up to three years from the date of the negligence incident - or when you first noticed the effects of it.

Our hospital negligence solicitors have an official admin procedure to follow when submitting your claim. If you are nearing your expiry deadline, we urge you to call us on while we still have time to help.

There are certain circumstances where the three-year time limit doesn't apply. For instance, if you're considering claiming on behalf of a loved one who no longer has full mental capacity following a hospital negligence incident, there are usually no time limits for lodging a claim. If you are claiming on behalf of a child, there are also no time limits until their 18th birthday.

How much compensation is received for hospital negligence?

Many people ask this question, but there is no quick answer. The amount of compensation you receive depends on the complexity and severity of your case. 

Our specialist hospital negligence solicitors will work hard to understand the impact your injury or experience has had on your life and will consider this when building your claim. Here are some of the things your solicitor will look at to work out how much compensation you could receive, split into general damages and special damages.

General damages

• Compensation awarded for the pain and suffering caused by your incident.
• This applies to any financial support you need to help pay for medical equipment, treatment, medication or rehabilitation, as well as any necessary changes to your home.

Special damages

• The time off work you had to take due to your incident, or if you needed to find a new job. This is to ensure your compensation covers earnings you may have lost during recovery. 
• The wider effects of your injury on your family, social life and hobbies. Suffering an injury can be isolating and we've seen how compensation can help people get their independence back.

Your solicitor will consider all this when negotiating your hospital negligence compensation. Aside from the support this compensation can give you in your recovery, it can also help highlight hospital safety issues so other people don't suffer in the same way.

For more information about making a claim - or to find out how we can help you - get in touch for free on .

Can hospital negligence claims be made against the NHS?

Yes, they can. If you received incorrect, delayed or substandard treatment at an NHS institution, then you can absolutely claim for hospital negligence compensation.

All claims made by NHS patients are handled by a specialist health service insurer called NHS Resolution. In its 2020/21 Annual Report, official figures show that across all types of medical and hospital negligence the NHS received 12,629 medical negligence claims.

Many people worry that the compensation they claim takes money from the NHS budget. But don't worry - this is not the case. Every NHS Trust in the UK pays an annual premium to NHS Resolution so there is a separate pot of money to settle medical negligence claims. 

Can hospital negligence claims be made against private providers?

Absolutely - you can make hospital negligence claims against a private healthcare provider. As stated by the General Medical Council, all doctors must “provide a good standard of practice and care” for all patients, “keep [their] professional knowledge and skills up to date” and “recognise and work within the limits of [their] competence”.

Whether you have received treatment privately or via the NHS, you are entitled to adequate medical care. If substandard treatment has caused you further injury or suffering, you can make a claim for compensation.

Claiming against a private provider works slightly differently to NHS claims. This is because all private healthcare institutions have their own liability insurance to cover any hospital negligence claims brought against them. This can mean that private claims take a little longer to resolve - your solicitor will be able to advise on timeframes once your case is in motion.

For guidance on how making a private hospital negligence claim is different, call and our advisors can talk you through each stage of the process.

How much does it cost to make hospital negligence claims?

Our experienced hospital negligence solicitors will almost always work on a no win no fee basis. This means that there are no up-front costs or hidden charges. If the claim is unsuccessful and your solicitor doesn't recover compensation for you, you won't pay anything for the work they've done.

If your claim is successful, they'll make a deduction from the overall settlement that you're awarded. They'll explain all this to you at the outset and before beginning work for you.

Your hospital negligence solicitor will also let you know if for some reason, a no win no fee arrangement can't be used to run the claim. This happens very rarely and they'll put you clearly in the picture so you can make an informed choice about what you want to do next.