Hospital Negligence Claims
A hospital should be a safe place where you feel confident that you can recover from an injury or illness. However, if you do not receive the standard of care that you deserve, the impact can be catastrophic. If you believe that you or a loved one has suffered harm as a result of hospital negligence, our solicitors can help you determine if you have grounds to pursue a claim for compensation.
The NHS is a source of national pride and the envy of the world, but it is not faultless. High pressure hospital departments like the Accident & Emergency unit can be more prone to hospital injuries resulting from misdiagnosis or poor treatment. However, hospital injuries are not exclusive to a particular department; in fact, a patient can suffer an injury while only staying in a ward or even after an operation.
What is Hospital Negligence?
Hospital negligence occurs when a hospital, through an act of omission or negligence, causes avoidable harm to a patient. This negligence may be due to errors in diagnosis, treatment or health management of the patient.
In the vast majority of cases, medical staff at the NHS take their duty of care towards their patients very seriously and help patients recover from their illness or injury. However, there are times when medical professionals or hospital processes can expose patients to harm, leading to injuries.
Types of Hospital Negligence Claims
As medical conditions differ, so do the needs of individual patients. As a result, it can be a bit challenging to understand what constitutes hospital negligence. At nhsnegligenclaim.com, the panel of solicitors we work with handle a wide range of hospital related negligence cases. The most common include:
Accident and emergency claims
The A&E department is often the first port of call for all medical, surgical and gynaecological emergencies in a hospital. In this department, it is often crucial that diagnosis and treatment are provided accurately and without delay to reduce waiting times and help patients recover. While the A&E department is usually under immense pressure, this shouldn’t affect the standard of care you receive.
Hospital acquired infections
Hospital acquired infections are infections that only developed in a hospital environment. The most common hospital acquired infections include MRSA, difficile, cellulitis, and staphylococcal infection. In a healthy individual, hospital acquired infections may have little to no effect, but when they attack a person whose immune system is already weakened by a medical condition, there can be devastating consequences.
It is the duty of a hospital to ensure there are robust processes to prevent the spread of these infections; when they fail to conform to the right procedures and a patient suffers harm, the victim may be entitled to hospital claims.
Surgical errors happen when surgeons or other health professionals make mistakes during an operation, causing the patient harm. Examples of surgical errors include operating on the wrong body part, retaining foreign objects inside a patient and poor administration of anaesthesia.
There are laid-down standards expected of surgeons and other health professionals during an operation; when your surgery and care does not meet these standards and you suffer avoidable pain, you may be able to seek compensation for hospital negligence.
Poor post-operative care
Post-operative care refers to medical monitoring and care you receive following an operation. The duty of a health professional does not end at the conclusion of a surgery; failing to properly monitor a patient’s progress and health after a surgery can lead to further injury or even death. Even if the operation went well, you may be entitled to suing a hospital for medical negligence for poor post-operative care.
The disabled and elderly are more prone to falling; it is the duty of a hospital to identify those at risk of falling that have been admitted in a hospital and monitor them closely to prevent falls in the hospital. Health professionals can prevent falls by pre-empting why a patient may try to move; for instance, they may become uncomfortable in a particular position or need to use the toilet. By pre-empting these actions, steps can be taken to prevent falling while in a hospital.
Medication plays a vital role in the recovery and well-being of an ill or injured patient. If a hospital’s nursing staff or dispensing pharmacist issues the wrong medication, there could be delays in their recovery or even further injury. This may be a ground for seeking compensation for hospital negligence.
Am I Entitled to a Hospital Negligence Claim?
If you have endured substandard level of care whilst under hospital admission and suffered an injury or illness as a result, you may be entitled to suing a hospital for negligence.
You can make a claim for hospital negligence if your case meets the following criteria:
This element determines whether the hospital acted in a way that falls below the acceptable standard of care.
This second element determines whether there is a direct link between the injury you suffered and the hospital’s failure to uphold their duty of care towards you. If the hospital’s procedures or actions makes your injury worse or causes you further problems, you may be entitled to compensation for hospital negligence.
Making an NHS Complaint
If you have suffered an injury while under the care of an NHS hospital, you have the right to find out why. The NHS has a robust complaints procedure that allows investigations into the actions and inactions of NHS bodies and professionals.
First, you should register your dissatisfaction with the hospital management. If you are unhappy with their response, you can escalate the matter to the Parliamentary and Health Service Ombudsman who will conduct a thorough investigation into your complaint.
While lodging an NHS complaint does not lead directly to a compensation, it can let you understand events surrounding your case and provide the reassurance that no one else will suffer the same treatment you did. If you are still unhappy with the result of the investigation, you may start a claim for hospital negligence.
There is a strict three-year time limit for making NHS negligence claims, so you shouldn’t waste any time to start a claim. For your claim to be successful, the onus lies on you to prove that you suffered hospital negligence and an injury or illness as a result. Obtaining this information becomes more difficult with the passing of time, which can make suing a hospital for medical negligence more difficult.
Contact us today for a free, no obligation enquiry into your case. One of our specialist solicitors will discuss details of your case and determine if your claim has a reasonable chance of success. If we believe there is a valid ground for a claim, our solicitors will compile supporting evidence and make a claim against the negligent hospital.
Throughout the medical negligence claims process, our solicitors will negotiate on your behalf to achieve the maximum compensation you deserve. Regardless of the nature and severity of your injury, the right to claim compensation means you can move on after the injury; you can trust us to help you achieve this.
Making an NHS Complaint
You can make claims for a number of damages, including:
Pain and suffering
You may be able to make hospital claims for physical pain and suffering if you have experienced delayed recovery due to hospital negligence. For instance, after a surgery, you expect to gradually resume routine activities within a fortnight. If your health professional fails to provide appropriate post-operative care and you develop an infection as a result, this may affect your recovery time.
Patients can suffer psychological damage as a result of hospital negligence. An anaesthetic error is one such mistake that can lead to psychological damage. For instance, if a patient wakes up during an operation because of an incorrect anaesthesia dosage, or appears to be unconscious but feels the effect of the surgery or hears what is going on around, they may be entitled to a claim.
You may be able to make compensation claims for:
- Medical expenses. Compensation can be paid for your ongoing care as well as the cost of seeking private medical treatment.
- Adaptations or modifications needed in your home or vehicle as a result of the hospital negligence.
- Loss of earnings due to your inability to work while you recover from the impact of the negligent hospital care.
Can I Claim on Behalf of a Loved One Who Has Died?
In some cases, hospital negligence can have fatal consequences, which can be catastrophic for the whole family. If you have lost a loved one as a result of hospital negligence, our solicitors can help you secure compensation for their pain and suffering, represent your interests and get the answers you deserve from the negligent party.
You may also be able to make claims for bereavement award in the event of a wrongful death. This claim can be made if you are the parent (for those under 18), spouse or civil partner of the deceased.
No Win No Fee Hospital Negligence Claims
The vast majority of hospital negligence cases we handle are done on a No Win No Fee basis. At nhsnegligenceclaim.com, we believe that top quality legal representation should be available to anyone who needs it. Our No Win No Fee service allows victims of hospital negligence to be able to make claims without incurring any upfront legal fees.
It also gives you the guarantee that your solicitor will do everything to ensure you receive the highest possible compensation award, especially as they wouldn’t receive any money if you do not achieve success.
Why Choose Us?
Solicitors at nhsnegligenceclaim.com have the knowledge and experience needed to pursue medical negligence claims. So, if you are wondering how to make a claim against a hospital or how much compensation for hospital negligence, you can count on us to provide the legal advice and support you need.
When you contact us, you will speak directly to a lawyer to sue hospital. This lawyer will let you know about the facts of your case and let you make an informed decision about your case. We will also provide answers to your questions and help you navigate the typically complex claims process.
Q: What is hospital negligence?
This is a term that describes a poor standard of care from a hospital to a patient due to misdiagnosis, incorrect treatment, or negligent after care and health management.
Q: Who is eligible to make hospital negligence claims?
You may be eligible to make a claim for hospital negligence if you have suffered an injury or illness or your condition has been made worse whilst under hospital care.
Q: What types of hospital negligence can I claim for?
There are different types of hospital negligence claims, including surgical errors, medication errors, hospital acquired infections, failing to seek informed consent, falls and negligent post-operative care. There are still lots more; if you think you have been a victim of hospital negligence, you may be entitled to a claim.
Q: How can I claim for hospital negligence?
You can make hospital negligence claims by contacting one of our specialist solicitors at nhsnegligenceclaim.com. We will talk to you about the facts of your case and determine whether there are grounds for a claim; if you have valid grounds for a claim, you can rest assured of our support through the claims process.