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April 06, 2021

Suing Hospital for Medical Negligence

When a hospital is guilty of a medical error that results from negligence, a patient that suffers an injury has the right to sue them for their mistake. In most cases, a clinic can be held responsible when one of its employees performs an act of negligence towards a patient due to inexperience or lack of knowledge of the medical practice. To file a case against a negligent hospital staff or employee, you need a lawyer. You will also need evidence that you were harmed by a hospital staff during your treatment. We at nhsnegligenceclaims.com can assist you with a skilled lawyer.

If you want to file a medical malpractice case against a hospital, be rest assured that we can link you to the best solicitors to get compensation for hospital negligence. You can make a hospital claim by suing a hospital for medical negligence if you reach out to us today on tel: 0800 999 3372

Hospital Negligence Explained

Hospital negligence is when you receive a low standard treatment at the hospital. It occurs when an unskilled medical practitioner at the hospital gives a substandard treatment to a patient and fails to carry out proper care, leading to injury, or causing more damage to the patient’s condition. Hospital negligence claims can help you sue a doctor for errors or mistakes. For hospital negligence claims in the UK you can get a free claim assessment here. Below are some ways to prove hospital negligence claim that may lead to a lawsuit:

  • There was a doctor-patient relationship i.e. there was a contact with a medical personnel.
  • A medical practitioner was negligent.
  • The doctor's negligence caused harm to the patient.
  • The hospital employee's negligence caused serious damage to the patient.
  • There was a misdiagnosis that caused mistreatment.
  • Inappropriate treatment.
  • Unable to warn a patient of possible risks.

Direct Or Indirect Hospital Negligence

Every hospital has a duty to offer a high standard of care, but if the hospital falls short in carrying out their duties either directly or through one of their staff members and it results in a patient’s injury, it is regarded as hospital negligence. If a doctor or hospital staff makes a medical error the hospital is still responsible and a patient can sue them. Hospital negligence occurs directly by the hospital or indirectly by its employees.

Direct Hospital Negligence includes:

  • Low or Inadequate staff to treat patients.
  • Employing unqualified care givers without valid license.
  • Leaking patient’s confidential medical history or information.

Indirect Hospital Negligence includes:

  • Flawed medical procedures.
  • Birth trauma.
  • Everything else that causes wrongful death including incorrect diagnosis.

No Win No Fee Medical Negligence Solicitors

Theories For Suing A Hospital

If you experienced a negligent treatment by the hospital or its employee, you can sue the hospital under various theories depending on your case. You need a lawyer that can get facts and advise you on the next action to take to negotiate a settlement. These legal theories include:

Medical Malpractice: The common legal term used to sue a hospital is called medical malpractice. This theory makes it viable for patients who have received substandard treatment to recover compensation for any harm or injury caused. Hospitals are liable for high standards of care, and anything short of that can result in negligence.

Common Negligence: Any negligence or malpractice often involves a medical mistake whether during medication, aftercare, diagnosis, treatment and general health care. A personal injury lawyer can give you the best advice on whether to sue a hospital or other primary health care givers.

Breach Of Contract: A doctor or specialist is often seen as a qualified medical practitioner who is expected to provide exceptional care to a patient a who in turn pays him for the services. Naturally a contract between a doctor and a patient is when they agree to treat them whether or not it was written down as a formal document. The agreement between the two parties forms a relationship. When this contract is broken then there may be a breach that causes damage to the patient due to the degree of professionalism by the doctor.

What Is Medical Malpractice?

Medical malpractice happens when a medical practitioner or health care provider fails to provide proper treatment to its patient. You can sue for medical malpractice in the UK when a hospital negligence caused by medical practitioners leads to a personal injury or the death of a patient. It is a case of medical malpractice. Some medical malpractice cases are different from suing a hospital because you can sue a hospital whether or not the medical practitioner is a staff member.

How To Sue A Hospital For Malpractice?

A victim of medical malpractice has the legal right to claim for damages or injuries. Before filling a complaint, a patient must ensure he is within the time frame from when the incident occurred, usually 2 or 3 years. It is very important to make your claim on time as soon as you discover any medical error. If you are within time limit, you must:

  • Step 1- Speak to a Malpractice Lawyer: Medical malpractice cases are complex to handle on your own. You need an experienced representative to prove your case and claim your legal right to compensation.
  • Step 2- Prove That A hospital or its medical doctor was actually negligent in your case.
  • Step 3- Get hold of your Medical records.
  • Step 4- Outline your injuries or damages.
  • Step 5- Know who to sue for medical error. (Doctors, Nurses, ambulance service and other parties directly or indirectly involved in the malpractice)
  • Step 6- Follow Other Judicial Procedures.
  • Step 7- File a complaint for your case.
  • Step 8- Notify the hospital, other healthcare providers and insurance providers of your lawsuit.

How To Sue Hospital For Negligence

If you have experienced a negligent treatment by a hospital

  • Check in the requirements In your insurance policy. Some healthcare providers require obligatory arbitration to file a lawsuit.
  • File an initial complaint.
  • Hire a personal Injury lawyer.
  • Litigation: After all of these, your hospital negligence case may proceed to litigation and trial if it is not settled or dismissed.

Possible Legal Compensations for Hospital Negligence Claims

  • Monetary compensation for damages injuries or loss.
  • Non- monetary compensation.
  • Payment of medical bills.
  • Claim for Loss of consortium.
  • Compensation for pain and emotional distress.
  • Exemplary damages.

Suing The NHS For Medical Malpractice

The NHS are excellent care providers but sometimes things can go wrong and mistakes can happen. Suing for medical negligence can help you get the compensation you deserve for inconveniences caused by hospital negligence or any health care provider like the NHS. Suing NHS for negligence can happen even with a professional health care provider during a routine check, diagnosis, surgery or medical error. NHS negligence claims can help with hospital complaints compensation. Medical negligence NHS can also lead to lawsuits especially when it causes injury and damage to patients. If you need assistance with a hospital negligence claim or want to know how to sue the NHS for negligence, Call 0800 999 3372

FAQs

What Is Hospital Negligence And How Can You Know You Have A Claim?

Hospital negligence occurs when an unskilled medical practitioner at the hospital gives substandard treatment to a patient and fails to carry out proper care, leading to injury, or causing more damage to the patient’s condition. Below are some examples of hospital negligence that may lead to a lawsuit:

How Do I sue a hospital for negligence?

  • To sue a hospital for negligence you need evidence that you were harmed by a hospital staff during your treatment.
  • Contact a skilled lawyer specialised in medical malpractice cases to file a lawsuit. Suing the NHS and NHS claims can be done by expert help and advice.

How long does it take to sue a hospital for negligence?

From the application date of the negligence claim, the normal time limit is usually 3 years. For instance, if a patient went through a spine surgery on April 1, 2019 and became paralyzed as a result of the procedure. He has a claim for medical malpractice for failure on the part of the doctor or hospital to perform a surgical operation below the high standard of care. In this situation the legal time frame begins on the date of the surgery. The patient will have until April 1, 2022 to sue the hospital for medical malpractice on a 3year statute of limitation.

Can I prove a hospital negligence claim?

Yes, you must prove that:

  • There was a doctor-patient relationship i.e. there was a contact with a medical personnel.
  • A medical practitioner was negligent.
  • The doctor's negligence caused harm to the patient.
  • The hospital employee's negligence caused serious damage to the patient.
  • There was a misdiagnosis that caused mistreatment resulting in a worse condition.
  • Inappropriate treatment by a doctor at the hospital.
  • No warning of a patient of known risks.

What medical malpractice is considered as a neglect in a hospital?

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