What counts as hospital negligence?
Hospital negligence happens when the standard of care you receive in hospital falls below what is reasonably expected from a healthcare professional, resulting in an injury or a worsening of an existing condition. It can happen in both NHS and private hospitals and may involve doctors, nurses, surgeons, consultants or other hospital staff. Some of the most common types of hospital negligence claims we help with include:
- Surgical negligence: Mistakes made before, during or after surgery, such as operating on the wrong area, leaving surgical instruments inside the body, damaging nearby organs or nerves, or failing to monitor you properly after an operation.
- Medication errors: Being given the wrong medication, an incorrect dose, medication you are allergic to, or experiencing harm because medication was delayed or administered incorrectly.
- Discharge failures: Being discharged too early, without the right follow-up care, medication or advice, resulting in further illness, injury or the need for additional treatment.
- Delayed diagnosis or treatment: When unnecessary delays in diagnosing or treating your condition allow it to worsen, leading to avoidable complications or a longer recovery.
- Hospital-acquired infections: Developing an infection, such as MRSA, due to poor infection prevention and hygiene practices, or experiencing complications such as sepsis as a result.
These are just some of the most common examples. Medical negligence can also include failures to monitor a patient properly, poor communication between healthcare teams, misdiagnosis, delayed test results, maternity negligence and failing to obtain informed consent before treatment.
How do I make a hospital negligence claim?
Starting a claim is easy with us. First, call our Helpline Advisors on and tell them what happened. They'll listen to your story and let you know whether you may be able to make a claim. If you're eligible and would like to go ahead, we'll connect you with a regulated hospital negligence solicitor who can start the claims process on your behalf and guide you through each step.
What evidence do I need to support a hospital negligence claim?
Your legal team will explain what evidence is needed to support your claim and gather as much of it as possible on your behalf. Depending on your circumstances, this may include:
- An independent medical assessment to evaluate your injuries and how they've affected your health
- Medical records, including doctors' notes, detailing your diagnosis, treatment and ongoing care
- Hospital records, including incident reports where available
- Photographs of your injuries or the effects of the negligence, where appropriate
- Witness statements from people who saw what happened or can support your account
This evidence helps your hospital negligence solicitor build your case by showing how the incident occurred, the injuries it caused and the impact it has had on your life.
How much compensation can I expect from a hospital negligence claim?
How much compensation you can get for hospital negligence claim varies depending on the circumstances of your case. Factors such as the severity of your injury, the long-term impact on your life, any ongoing care needs and financial losses, including adaptations you've had to make, can all affect the value of your claim.
If you'd like an estimate before making a hospital negligence claim, our compensation calculator can give you an estimated range in just two minutes
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How long does a hospital negligence claim take?
Hospital negligence claims are often more complex than other types of personal injury claims, so they can take longer to resolve. Every claim is different, meaning there's no set timeframe. Some claims are settled more quickly, while others take longer depending on the circumstances. Factors that can affect how long your claim takes include:
- Whether the hospital admits liability or disputes the claim
- How long it takes to gather medical records and other key evidence
- The complexity of the medical issues and whether expert evidence is needed
- Whether your solicitor needs to wait until the full extent of your injuries and recovery is known before your claim can be valued
- How long it takes to agree a compensation settlement amount
Although it can take time, your solicitor will support you throughout the claims process while making sure any compensation reflects the full impact the negligence has had on your life.
Can I make a no win, no fee claim for hospital negligence?
To make a no win, no fee claim for hospital negligence, your case will usually need to meet three requirements:
- You must have suffered an injury or loss
- Someone else must have been responsible for causing it
- You must start your claim in the limitation period, which is usually three years
If you're not sure whether you're eligible to make a claim on a no win, no fee basis, get in touch with our Helpline Advisors on or request a callback, and they will be able to provide you with guidance on your situation.
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View profileMeet the teamHospital Negligence Claims FAQs
How much does a medical negligence lawyer cost?
If you make a no win, no fee medical negligence claim, you won't pay anything upfront or out of pocket, provided you follow the terms of your agreement with your medical negligence lawyer.
If your claim is successful, your lawyer will deduct an agreed success fee from your compensation. This fee is capped at 35%, and the percentage will be explained to you before you decide to go ahead. Your legal team will make sure you understand exactly how the fee works, so there are no unexpected costs.
Can I claim on behalf of someone else?
There are certain circumstances where you'll be able to claim on behalf of a loved one. This includes cases where someone lacks the mental capacity to handle their own claim, where you're claiming on behalf of a child under 18, or where you're claiming on behalf of a loved one who has sadly passed away.
Who pays for hospital negligence compensation?
Hospital negligence compensation is paid by the organisation responsible for the care you received, rather than the individual healthcare professional involved. This could be the NHS, a private hospital or their medical indemnity insurer, depending on where and how the negligence happened.
Can't find the answer you're looking for? Visit our general FAQs page for more information.
Useful related guides
Medical negligence claims
Medical negligence advice hub
What is no win, no fee?
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