Hospital Negligence Claims
If you have experienced hospital treatment that has fallen below the expected standard of care, and has caused you further injury or illness, then you could be entitled to make a hospital negligence claim for financial compensation.
Read on to learn more about hospital negligence claims with our useful guide, and do not hesitate to get in touch and speak to one of our hospital negligence experts today, here.
What is a hospital negligence claim?
For the large majority of patients who go into hospital to receive medical treatment for injuries or illness, they have a pretty routine experience, getting in, receiving the right treatment, and getting out. Still, this is not always the case.
Some patients are subject to medical mistakes or acts of negligence from doctors and medical staff, and do not receive the treatment that they deserve because of this, suffering from further injury or illness as a result.
In these instances, many patients choose to make a hospital negligence claim with a specialist medical negligence solicitor in order to obtain financial compensation for their treatment.
If you are looking to make a medical negligence claim, know that you are not alone. Each year, the NHS receives over 10,000 claims for medical negligence compensation. For more information on what is a hospital negligent claim, and how to make a claim, simply contact our medical negligence solicitors today.
Am I eligible to make a hospital negligence claim?
When it comes to making a hospital negligence claim, there are two parts to the claim, that need to be proved in order to obtain financial compensation.
That the doctor or medical professional acted negligently or breached their duty of care. See more on this medical duty of care in hospitals here.
That this act of negligence led directly to your injuries or illness, or prolonged your injury or illness.
Essentially, if these things can be proved, then you will have a successful hospital negligence claim for financial compensation. The best way to find out the chances of success that your potential hospital negligence claim has, and to establish whether you are eligible tome a claim, get in touch with our specialist medical negligence solicitors here.
What can I make an NHS negligence claim for?
When it comes to making an NHS negligence claim, many people are unaware of what classes as NHS negligence, and how many different things you can make a claim for medical negligence compensation for.
Some of the negligent acts that our medical negligence solicitors have successfully claimed financial compensation for, include:
These are just some of the NHS negligence claims that financial compensation can be obtained for. To speak to a medical negligence solicitor about your specific NHS negligence claim, and whether you are eligible to make a claim, get in touch with us online here and speak to a solicitor within one working hour.
How to make an NHS negligence claim:
The first, and most important step to making an NHS negligence claim for financial compensation, is to find a solicitor who specialises in NHS negligence claims. When claims are made against the NHS, there are specific processes and procedures that must be followed, in order for your NHS negligence claim to be successful.
When you work with MG Legal's medical negligence solicitors, we will ensure that every step is properly carried out in your NHS negligence claim, and that all procedures are followed properly to ensure that your claim is valid. If your solicitor is not experienced in the process of NHS negligence claims, and makes just one mistake, this could make your claim invalid or add significant delays to your NHS negligence claim.
Why should I make an NHS negligence claim?
The most important aspect of NHS negligence claims, and why they should always be made, is to prevent the same acts of negligence and mistakes happening to other patients in the future. If you go through the necessary complaints and claims process against the NHS for the negligent treatment that you received, problems can be identified and properly investigated to allow for changes and improvements in patient care.
On top of this wider obligation, you deserve to obtain financial compensation for the negligent care that you have received from the NHS, and the injury and illness that you have suffered. The NHS owes all of its patients of duty of care, and when this has not happened, it is only fair that you receive the correct financial compensation that you deserve.
What do you need to prove in an NHS negligence claim?
NHS negligence claims work much in the same way as regular medical negligence claims. In order for your NHS negligence claim to be successful, you will need to prove to things with the help of your medical negligence solicitor:
that a doctor or member of staff acted negligently in your NHS treatment
that this act of NHS negligence directly led to your injury or illness, or worsened an existing injury or illness
There are specific legal requirements that must be met in order to prove these things, and it is because of this that you need the help of an expert medical negligence solicitor when making your NHS negligence claim.
Our team of medical negligence solicitors have over 30 years of experience in making NHS negligence claims, and obtaining financial compensation for our clients. To speak to a solicitor about your potential claim, and how we can help you, do not hesitate to get in touch online here and speak to a member of our team the same working day.
What is the process of making a hospital negligence claim?
Initial contact- the first step to any hospital negligence claim is to reach out to a specialist medical negligence solicitor to instruct them on your claim. When you reach out to MG Legal, this initial chat will consist of you explaining your potential hospital negligence claim, and us explaining how we can help, what the claims process will be, and how much your hospital negligence claim could be worth.
Funding- When we accept your hospital negligence claim, we will do so on a NO WIN NO FEE basis, allowing you to enter into the claims process at no financial risk. When you speak to your designated medical negligence solicitor, we will be happy to explain how our NO WIN NO FEE agreements work, and how this will fund your hospital negligence claim throughout the entire process.
Obtaining records- After we have accepted your claim, and explain the NO WIN NO FEE funding arrangement, we will get to work on building your hospital negligence claim right away. One of the first steps of this process is for your designated medical negligence to obtain any medical records related to your injuries in order to use them to begin building your medical negligence claim. This is the best way for your solicitor to properly learn about your injuries, and how they occurred, in order to begin building the hospital negligence claim against the medical professional or medical facility involved.
Instructing experts- After your designated medical negligence solicitor has begun to build your hospital negligence claim, and gather all of the medical and legal evidence to prove liability on the part of the other party involved, they will then arrange for a specialist medical expert to prepare a full medical report relating to the injury or illness you have suffered as a result of the medical negligence, and offer an expert medical opinion on the severity of your injuries, and how they occurred. This specialist medical report helps to build the strength and validity of your hospital negligence claim, in order that it cannot be disputed by the defendant involved, and it is quickly settled in order to achieve your financial compensation. MG Legal’s no win no fee solicitors have close working relationships with a wide range of leading medical specialists, and use these specialists in order to ensure that all of our client’s claims are as strong and robust as possible.
Valuing a claim- When all of the medical evidence has been gathered, including the full medical report from a leading expert on your injuries or illness, it is then up to your specialist medical negligence solicitor to accurately value your hospital negligence claim, taking everything into account, in order to achieve the maximum financial compensation for you as our client. Because our medical negligence solicitors are so well experienced, with over 30 years of experience in hospital negligence claims, you can sit back and relax knowing that no stone will be left unturned, and that your compensation amount will be at the maximum level possible.
Presenting a case to a defendant- It is at this point, after going above and beyond to compile all of their research and evidence into one strong and robust hospital negligence claim, that your designated medical negligence solicitor will then present your medical report to the defendant, after discussing with you that you are happy for this to be done. You don’t have to worry about anything throughout this entire process, and will simply receive regular updates from your medical negligence solicitor as they build and work on your claim.
Considering the letter of response- After presenting the hospital negligence claim to the defendant, it is then time to wait for their response. Because of how experienced our medical negligence solicitors are, and how strong we build our hospital negligence claims to be, in the vast majority of cases the defendant will admit liability and respond with a settlement amount. However, our medical negligence solicitors do not stop there, and will not accept a settlement amount for a claim that is any lower than what our client deserves. After considering the initial settlement amount offered, and discussing this with our client, we usually respond to the offer by rejecting it and insisting on a higher amount of financial compensation for our client. To date, we have acted in this way in all of our hospital negligence claims, and 100% of the time have been able to obtain a higher amount of financial compensation for our clients than what was initially offered. At this point, in around 90% of our hospital negligence claims, we are able to obtain a settlement amount that we believe corresponds with what our client deserves, and after discussing it with them, will accept this on their behalf. From this point, your hospital negligence claim is settled, and you simply have to wait for your designated solicitor to transfer the compensation into your bank account.
Starting court proceedings- However, for the small minority of medical negligence claims where the defendant does not offer an acceptable compensation amount, and your designated solicitor knows that you deserve more than their settlement offer, we do not hesitate on initiating court proceedings, and fighting tooth and nail in court to obtain for you the financial compensation that you deserve. When you work with MG Legal, you can rest assured that your solicitor will go above and beyond to achieve the best outcome possible in your hospital negligence claim.
How much is my hospital negligence claim worth?
All hospital negligence claims are broken down into special damages and general damages. Special damages, which often account for the large majority of the compensation in a given claim, are calculated on an individual basis, taking into account things such as lost earnings. See more on this here.
The general damages cover the pain and suffering of your injuries alone, and are worked out depending on the type and severity of the injuries you have suffered. With the huge range of injuries and illnesses that can occur because of hospital negligence, it is difficult to estimate how much a particular claim will be worth with no further information. For your tailored claim estimation, contact our hospital negligence solicitors today, here.
How much does it cost to make a hospital negligence claim?
Making a hospital negligence claim against the NHS or another large medical institution may seem overwhelming, but it does not have to break the bank. When MG Legal accept your hospital negligence claim, we will do so on a NO WIN NO FEE basis. This means that you do not have to pay any upfront costs, and will not have to pay a penny unless we successfully win your financial compensation. Working in this way allows our clients to make a hospital negligence claim at no financial risk. Learn more about our NO WIN NO FEE agreements here.
How long do NHS negligence compensation claims take?
Generally speaking, most NHS negligence claims are settled within a few months. In most cases, liability will be clear and obvious, and will be quickly admitted by the NHS once the claim is filed. From this point onward, it is simply up to your designated solicitor to value your NHS negligence claim and obtain the compensation through the NHS Resolution scheme.
However, as previously mentioned, there are a small minority of NHS negligence claims that might end up going to court, where liability is not admitted. These are often medical negligence cases with a very high value, and the NHS would rather take a risk and defend them, rather than offer huge sums in compensation to settle the claims. Many of the higher valued claims accepted by our medical negligence solicitors, on a No Win No Fee basis, are medical negligence cases relating to child birth, and clinical negligence, involving labour and delivery.
In these cases, the process may be extended, but your designated medical negligence solicitor at MG Legal will make sure to keep you up to date with the process and the time scale involved. When you work with us on your NHS negligence claim, you can rest assured that your solicitor is going above and beyond to achieve the maximum compensation possible for you, as fast as realistically possible, and without incurring any delays.
To learn more about how our NHS negligence claims work, and how we keep our clients happy throughout, simply get in touch here for a free, no-obligation chat with a solicitor about your potential NHS negligence claim.
How difficult is it to sue the NHS?
When you make an NHS negligence claim with MG legal, it does not have to be a complicated process. Our medical negligence solicitors know that many people are sceptical to make NHS negligence claims for their treatment, and they believe that the process will be time-consuming and stressful - but this is not the case when you work with MG legal.
Our medical negligence solicitors will gather all of the medical and legal evidence available regarding your NHS negligence claim, and will create full medical reports from medical specialists, to build your NHS negligence claim to be as strong as possible. It is worthy of note that our medical negligence solicitors work with some of the most respected medical experts to ensure that your no win no fee medical negligence claim, has nothing but the very best chance of being successful.
Your designated medical negligence solicitor will then actively pursue your NHS negligence claim and seek to obtain a settlement with the NHS on your behalf. Throughout this entire process, we will keep you informed of what is happening and up-to-date with any updates in your NHS negligence claim.
We know that it can be an emotionally difficult time after suffering negligence at the hands of the NHS, but the process of making an NHS negligence claim to obtain the financial compensation that you deserve, should not be a stressful experience. You can rest assured that when you work with MG Legal’s injury solicitors, the process will be entirely stress-free, allowing you to focus on your recovery.
Will my NHS negligence claim take money out of the NHS budget?
This is a common misconception that we hear from our NHS negligence clients. All NHS negligence claims are dealt with by the NHS resolution, as previously mentioned. This works in a way that every NHS trust across the country must pay an annual premium to NHS resolution, to provide the money to resolve NHS negligence claims.
This means that the money will come from a budget set aside specifically to deal with NHS negligence claims, and will not impact NHS patient care whatsoever. This may be reassuring to many who are considering making an NHS negligence claim but were worried about the impact this may have on the NHS, and whether or not the money that they achieve will come out of another patient’s care. And when you make a medical negligence claim against the NHS, the NHS investigate the incident circumstances, so that there is less of a chance of the negligence that you have suffered, happening to another person.
A&E hospital negligence claims:
With the fast-paced nature of Accident and Emergency departments, and the huge number of patients that are seen there every day, mistakes are going to happen. Still, if you have visited your local A&E department with a given injury or illness, and have not received proper treatment for this, or have been dismissed without being properly checked, you could be entitled to financial compensation.
MG Legal have settled a number of high-value hospital negligence claims for A&E negligence, and won significant financial compensation for our clients. For more information on A&E negligence claims, and how our hospital negligence claims solicitors can help, see this here.
Hospital-acquired infection claims:
Hospital-acquired infections are a huge problem in our hospitals. Many patients who are already vulnerable and have weakened immune systems can catch infections while in hospital and can be seriously affected by them.
Poor hygiene standards in hospitals, and other acts of hospital negligence are commonly to blame for the spreading of hospital-acquired infections, which often occur when hygiene standards are broken by hospital staff. For a full overview of hospital-acquired infection claims, and how our team of hospital negligence solicitors can help with your claim, see this here.
Private hospital negligence claims:
If you have suffered from hospital negligence in a private hospital or private medical facility, you could be entitled to make a hospital negligence claim. Many people choose to pay extra to receive private hospital care in order to receive the best treatment, and avoid suffering from hospital negligence.
When this does not happen, and private hospital patients suffer from hospital negligence leading to injury or illness, it can be particularly distressing. The process of making a private hospital negligence claim will be fairly similar to that of an NHS hospital negligence claim, and it can actually be easier to make a successful like for like hospital negligence claim.
This is because when you receive private medical care, you will enter into a written contract with the private hospital as a paying customer, specifically outlining the standard of care that you should receive. This can make it much easier for a medical negligence solicitor to prove that this standard of care has been broken. For more information on making a private hospital negligence claim, and how the process will work, contact our hospital negligence solicitors here today.
Can I sue the NHS for death?
Yes, if one of your loved ones has died as a result of NHS negligence, or substandard care from the NHS, then you can make an NHS negligence claim for wrongful death. These claims are particularly sensitive and are often pursued by the close relatives of the deceased. Our NHS negligence solicitors know that no amount of compensation can bring your lost loved one back, or make up for what has happened, but the financial compensation achieved can help to cover any financial support or assistance required by the dependence or loved ones of the deceased.
Can you get compensation for a NHS misdiagnosis claim?
With the busy nature of the NHS, and the overworking of many NHS staff and departments, claims for misdiagnosis against the NHS are unfortunately not uncommon. Many patients who visit their GP showing symptoms of a particular health issue are not referred on for the necessary testing, or do not receive this testing in the required period of time, or have the symptoms missed diagnosed as an incorrect health issue.
All of these actions are classed as medical misdiagnosis, or delayed medical diagnosis, and are all eligible to make an NHS negligence claim for financial compensation. To learn more about medical negligence claims for misdiagnosis, see our full page on this here.
There are time limits in place within the NHS for the waiting times of referrals, and further testing, for patients showing symptoms of a number of medical conditions. If you have not received this further treatment or testing within the stated amount of time, and you have suffered further injury or illness as a result, then you are entitled to claim financial compensation through an NHS negligence claim.
To learn more about NHS misdiagnosis claims, and how our specialist negligence solicitors can help, simply get in touch today here, and speak to a solicitor within one working hour about your potential claim.
Will I need to go to court for my hospital negligence claim?
While many of us see legal proceedings as a high-stress court room, this is usually not the case. Only around 5% of medical negligence claims end up in court, and our hospital negligence solicitors are experts at obtaining liability and settling hospital negligence claims out of court.
However, if you hospital negligence claim does go to court, you can rest assured that your designated solicitor will fight tooth and nail in order to win the case and obtain financial compensation on your behalf.
Do the NHS settle out of court?
As with all claims for medical negligence compensation, the majority of NHS negligence claims are settled out of court. NHS negligence claims are carried out using the NHS Resolution (formerly known as the NHS Litigation Authority), which is in place to represent NHS doctors and staff when medical negligence claims are filed against them.
Data shows that less than 2% of the claims handled by NHSR end up in court, with the vast majority of NHS negligence claims being settled outside of court. The good news is that if the medical negligence solicitors at MG Legal accept your medical negligence claim on a No Win No Fee basis, you can therefore rest assured when entering into an NHS negligence claim that your claim will more than likely be settled successfully out of court.
In the small minority of NHS negligence claims that do end up in court, this is usually only for the benefit of you as the client. When our medical negligence solicitors see NHS negligence claims in court, it is usually because the designated medical negligence solicitor believes that to be the best way to prove NHS negligence for the claim, or because the amount of compensation offered by the NHS is too low, and the NHS negligence claim could achieve more financial compensation for our client, in court.
Should I accept the first offer of medical negligence compensation from the NHS?
In the vast majority of NHS negligence claims, the compensation amount initially offered by the NHS will be lower than what the designated medical negligence solicitor at MG Legal, estimates your NHS negligence claim to be worth.
If you want the truth, our medical negligence solicitors have never failed to beat the first offer made by the NHS’s designated medical negligence claims handlers, NHS Resolution. We believe that this is down to the skillset, and determination of our medical negligence solicitors, and cannot speak for any other solicitors that specialise in medical negligence claims- all we know is that when you instruct the medical negligence solicitors at MG Legal, our clients always end up very happy indeed.
When you work with MG Legal, your NHS negligence claim will be built to be as strong as possible, so it is very unlikely that the NHS will try to make silly offers. With the amount of medical and legal evidence that our team of solicitors gather, they would be silly to do so, and NHS Resolution generally recognise the strength and validity of the NHS negligence claims that are pursued by our clients.
However, there are some instances in which the amount of financial compensation offered by the NHS is lower than what our medical negligence solicitors are comfortable advising our client to accept. When this happens, your designated medical negligence solicitor will be honest and open with you about the situation, and will help to advise you on what to do going forward. We will always discuss the offered compensation over the phone, or invite you in for a face to face meeting, if you prefer. This is of course, after we have related the NHS’ settlement offer to you, in writing.
Once you instruct our medical negligence solicitors to accept an offer on your behalf, you cannot return for more compensation at a later date. Because of this, it is important to work with a medical negligence solicitor with good experience in NHS negligence claims, such as MG Legal. our specialist injury solicitors are always honest and open with our clients about how much we believe their NHS negligence claim to be worth.
If, at the point of settlement, we do not believe that the compensation offered by NHS resolution is adequate for the strength of your claim, we will at this point discuss the options for taking your NHS negligence claim to court, and will go above and beyond to ensure that you achieve the compensation you deserve. Any court proceedings, are of course covered by your No Win No Fee Agreement, and it will therefore not cost you anything to start court proceedings, if you do instruct us to do so.
To learn more about our injury solicitors, and how they can help with your NHS negligence claim, do not hesitate to get in touch here, and hear back from a solicitor within one working hour.
What is the timescale for making a hospital negligence claim?
As with all medical negligence claims, the time limits involved are subject to the Limitation Act of 1980. Under this act, you have three years from the date at which the negligence occurred, or the date at which you were aware of the negligent act, in which to pursue a claim for financial compensation through a hospital negligence claim.
This time limit differs in claims made for minors, who instead have three years from the date of their 18th birthday to make a hospital negligence claim. For more information on how long you have left to make a hospital negligence claim, contact our specialist medical negligence solicitors here.
Make a NO WIN NO FEE hospital negligence claim with MG Legal:
MG Legal’s team of medical negligence solicitors use the services of the best medical practitioners, whatever their field of expertise, to build your hospital negligence claim, because your claim for compensation is important to us, and we want to get you the most compensation possible.
Our medical negligence solicitors accept all of our hospital negligence compensation claims on a no win no fee basis, and have a success rate in excess of 99% for all personal injury claims accepted.
Get in touch with us today, here, and you will speak to one of our medical negligence specialists the same day. When you speak to someone about your case, you will be speaking to someone who will be directly involved in the claim, who will become the designated solicitor for your file when we accept your hospital negligence claim claim.