This guide will explain when you could make a No Win No Fee hospital negligence claim. Medical professionals have a duty of care to uphold. If they fail to do so, it could result in you experiencing avoidable harm when receiving care from them. In these instances, you may be eligible to seek compensation. This guide will explore the process of doing so and will look at the eligibility criteria in more detail.
Additionally, we will provide examples of how someone could experience unnecessary harm in a hospital setting.
Furthermore, you can see examples of compensation brackets that could help you understand how compensation following a successful claim is calculated.
We will also discuss the benefits of working with hospital negligence solicitors from our panel and look at the basis under which they offer their services.
Please continue reading for more information. Alternatively, you can get in touch with our advisors. They are available to offer you free legal advice regarding your potential claim. To get in touch, you can:
Choose A Section
- Can I Make A No Win No Fee Hospital Negligence Claim?
- Examples Of Medical Negligence
- What Is Duty Of Care Is Owed In A Hospital?
- Determining Compensation For Hospital Negligence
- How Do I Find The Best No Win No Fee Hospital Negligence Solicitors?
- Find Out More About No Win No Fee Hospital Negligence
Medical negligence occurs when a member of medical staff fails to uphold a correct standard of care. All medically trained professionals are expected to provide care that meets the correct standard. This includes medical professionals such as nurses, doctors, surgeons and anaesthetists.
You may be wondering ‘can I sue a hospital for negligence?’. If you can prove that medical negligence occurred, you may be able to seek compensation. Medical negligence involves a medical professional breaching the duty of care they owed you and causing you to sustain avoidable harm.
There are incidents where a medical professional has upheld their duty of care but you have still experienced harm. In these instances, you would not be able to claim.
To find out when you could be eligible to make a No Win No Fee hospital negligence claim, please get in touch with our team on the number above.
Current Hospital Negligence Statistics
The NHS Resolution reports on annual statistics within the organisation. In 2020/21, the NHS received 12,629 clinical negligence claims and reported incidents. This was an increase of 7.5% from the previous year.
During 2020/21, 15,674 clinical and non-clinical claims were settled. Of these claims, 6,872 settled without damages being paid.
There are various ways in which medical negligence could occur in a hospital. We have provided some examples of how harm could be sustained in a hospital below.
- Your doctor fails to send you for further tests despite your symptoms warranting further investigation. As a result, you don’t receive a diagnosis or treatment for your condition which causes your symptoms to worsen and cause additional complications.
- Hospital staff fail to keep the wards adequately clean where patients are staying. This can result in you getting a hospital-acquired infection.
- The surgeon for your procedure fails to remove a foreign object from the body before stitching you back up, causing you to develop a serious infection.
- A doctor incorrectly reads the results of your blood tests, resulting in a medical misdiagnosis. A misdiagnosis can lead to you receiving the wrong treatment and experiencing several complications.
Our advisors can assist you in understanding whether you’re eligible to make a No Win No Fee hospital negligence claim. Contact them using the number above to learn more.
As mentioned, medical professionals owe their patients a duty of care. This includes medical professionals working in a hospital setting. If they fail to uphold this duty of care by providing care that falls below the expected standard, and you are caused avoidable harm, you may be eligible to seek medical negligence compensation.
To help support your claim, you could gather evidence in the form of medical records, such as:
- Test results
- Hospital admission information
- Letter of diagnosis
- A report about the treatment you received
Additionally, you may be invited to attend an independent medical appointment. This can produce a report from an independent medical professional providing details on the full extent of the harm you sustained.
You should also be aware of the time limits for starting a hospital negligence claim. The time limit is generally three years from the date of the incident or the date you connected the harm you sustained to negligence. However, there are exceptions that may apply in certain circumstances.
To learn more about these exceptions, please get in touch with our team on the number above.
Hospital negligence payouts could comprise:
- General damages: These seek to compensate for the pain and suffering you endure as a result of the harm you experienced due to medical negligence.
- Special damages: These seek to reimburse you for financial losses that you have experienced as a result of the harm sustained due to medical negligence. They include travel costs, medical bills and care costs. You must provide evidence, such as bank statements and receipts, to be able to claim these costs back.
The Judicial College Guidelines (JCG) is a document that publishes guideline compensation brackets that correspond to different types of harm. These figures are often used by legal professionals to value the general damages portion of claims. You can see examples of these figures in the table below.
|Moderately Severe Brain Injury (b)||£219,070 - £282,010||The person has a very serious disability resulting in substantial dependence on others and the requirement of constant care.|
|Kidney (a)||£169,400 - £210,400||Both kidneys are seriously or permanently damaged or lost.|
|Bowel Injury (a)||Up to £184,200||Loss of natural bowel function and urinary function and control. There are also other medical complications.|
|Bowel Injury (b)||Up to £150,110||Complete loss of natural function with a dependence on colostomy.|
|Male Reproductive System (a)||In excess of £153,870||The complete loss of reproductive organs.|
|Male Reproductive System (d)||£56,080 - £71,350||Sterility which is uncomplicated and doesn't result in impotence or other aggravating features.|
|Bladder (b)||Up to £140,660||There is a complete loss of function and control.|
|Female Reproductive System (a)||£114,900 - £170,280||An injury or disease causing infertility involving sexual dysfunction, severe depression and anxiety as well as pain and scarring.|
|Female Reproductive System (b)||£43,010 - £102,100||Permanent sexual dysfunction where someone has children or wouldn't have had children.|
|Spleen (a)||£20,800 - £26,290||The spleen is lost and there is an ongoing risk of internal infection disorders caused by a damaged immune system.|
Please note that the figures listed above are not reflective of the settlement you may receive. This is because several factors are considered when valuing this head of claim.
For more information on the compensation you could receive following a successful No Win No Fee hospital negligence claim, get in touch on the number above.
You may find it beneficial to hire a solicitor to represent your claim. If so, we could help. The No Win No Fee medical negligence solicitors from our panel can provide their services through a Conditional Fee Agreement (CFA).
Working with a solicitor on this basis means you don’t need to pay any fees for their services before or during your claim or if your claim fails.
For successful claims, your solicitor will take a success fee from your compensation. This fee is legally capped.
To find out whether a solicitor from our panel could represent your claim on this basis, please get in touch using the details below.
Make A No Win No Fee Hospital Negligence Claim With Us
We hope this guide on making a No Win No Fee hospital negligence claim has helped. However, if you have any further questions, please contact our advisors. They are available 24/7, allowing you to query about starting a claim at whatever time works for you. To get in touch, you can:
- Call 0800 408 7827
- Contact us using our online form
- Use the live chat to message our team instantly.
Visit the below websites for more relevant information.
- Care Quality Commission – Report A Concern If You Are A Member Of The Public
- GMC – What To Expect From Your Doctor
- GOV – NHS Constitution for England
We’ve included links below to more of our guides.
- Medication errors in healthcare
- Maximum payouts for hospital negligence claims
- Care home medical negligence claims
Please speak to our advisors if you’re interested in starting a No Win No Fee hospital negligence claim.
Guide by AA