How To Sue A Hospital

To sue a hospital, you need to establish that medical negligence has occurred. This is a term you’ll hear quite often throughout the claims process, and it essentially means that:

You were owed a duty of care
This duty was breached
As a result, you suffered avoidable harm

You’re automatically owed a duty of care by any medical professional who treats you. This means that they need to make sure all the treatment they provide meets a minimum standard. If they fail to meet this standard, and you suffer harm that was unnecessary or could have been avoided as a result, then you may be eligible to make a claim.

Can I Sue An NHS Hospital

Yes, you can sue an NHS hospital as long as you can prove that medical negligence occurred. Doctors, surgeons, and other medical professionals working in NHS buildings owe the same duty of care as those working in the private sector.

It doesn’t matter if the negligence happened in a private hospital or clinic, or in an NHS building: if you’ve suffered unnecessary harm because you received substandard treatment, you could make a claim.

Would I Be Able To Sue A Hospital On Behalf Of A Loved One?

Yes, you can sue a hospital on behalf of a loved one by acting as their litigation friend. This means that you’ll handle the claim on their behalf and act in their best interests throughout the process. Usually, you can only act as a litigation friend on behalf of someone who is either under the age of 18 or someone who lacks the mental capacity needed to make a claim. We’ll talk a bit more about why this is later on in the guide.

Suing A Hospital For Wrongful Death

Unfortunately, medical negligence can sometimes result in wrongful death. If your loved one passed away as a result of substandard care, you could make a fatal accident claim. This can either cover:

The pain and suffering they went through prior to their death and any associated financial losses they suffered (if you are acting as their estate, as per the Law Reform (Miscellaneous Provisions) Act 1934)
The effect that their death has had on you as a dependent (As per the Fatal Accidents Act 1976)

We understand that losing a loved one can be a devastating experience, and we are here to help. Our team of sensitive advisors are on hand to explain how to sue a hospital for wrongful death when you get in touch.

How Much Compensation Can I Get For Suing A Hospital?

The amount of compensation you could get for suing a hospital will depend on a number of factors. These can include how severely you’ve been harmed and how the negligence has affected your quality of life.

Generally, you can get up to two heads of medical negligence compensation. The first heading, known as general damages, is awarded to every successful claimant. This heading covers the harm you’ve suffered, as well as loss of amenity, which covers the effect it’s had on your day-to-day life.

When solicitors and other professionals are valuing general damages, they’ll reference a number of resources to reach an amount. One of these resources is the Judicial College Guidelines (JCG), which is a document of injuries and illnesses with corresponding compensation guidelines.

You can take a look at some of these guideline brackets below, but please keep in mind that these are not guaranteed figures, and the first entry isn’t from the JCG.

Harm	Compensation
Multiple severe instances of harm with special damages for financial losses, like medical expenses and lost earnings	Up to £1,000,000+
Paralysis - Tetraplegia (also known as Quadriplegia)	£396,140 to £493,000
Paralysis - Paraplegia	£267,340 to £346,890
Very Severe Brain Damage	£344,150 to £493,000
Total Blindness	In the region of £327,940
Female Reproductive Injuries (a)	£140,210 to £207,260
Below-Knee Amputation of One Leg	£119,570 to £162,290
Loss of One Arm (ii)	£133,810 to £159,770
Severe PTSD	£73,050 to £122,850
A Number of Noticeable Laceration Scars or One Single Disfiguring Scar	£9,560 to £27,740

How To Sue A Hospital For Financial Losses

If you’ve suffered financial losses as a result of the harm you suffered, you can claim them back under special damages. This is the second heading of compensation that you could be eligible for, and it covers the cost of things like:

Prescriptions
Help with cooking and cleaning
Lost earnings
Travel
Mobility aids
Home nursing care
Medical equipment
Prosthetics

These are only a few examples of the expenses that could be covered under special damages. Speak to a member of our team today to learn more about how to sue a hospital for financial losses, or keep reading for more information.

Would Making A Claim Impact The NHS?

No, making a claim won’t impact the NHS. It’s a common misconception that making a medical negligence claim against the NHS can take resources away from actual medical care. In reality, all claims are handled by a separate body called NHS Resolution, and any compensation you receive comes from their indemnity schemes.

Contact our advisors today to discuss your potential medical negligence claim.

How Long Will I Have To Sue A Hospital?

You’ll generally have 3 years to claim against a hospital, as per the Limitation Act 1980. This starts on either the date that the negligence happened, or the date that you connect the harm you’ve suffered with negligence.

The time limit doesn’t apply to certain groups who cannot claim for themselves, because a litigation friend will handle their claims. This includes:

Children under the age of 18: A litigation friend can make a claim at any point up until their 18th birthday
Those who lack the mental capacity needed to claim: A litigation friend can make a claim for them at any point (the time limit will only reinstate if they regain the capacity they need)

We understand that this can seem daunting, but it doesn’t have to. Our advisors are here to help, so get in touch today to learn more, or keep reading to find some examples of negligent hospital care.

What Are Some Examples Of Negligent Hospital Treatment And Care?

Some examples of negligent hospital treatment and care can include:

You go to A&E after falling from your bike. You show clear signs of having a broken bone, but your doctor misses the break because they do not refer you for an X-ray. This causes the break to get worse and nick an artery, resulting in massive internal damage.
You are admitted for an elective cosmetic surgery. Your surgeon does not follow the hospital’s hygiene procedures, and this causes your incision to get infected, leading to sepsis.
Your GP refers you to the hospital after showing signs of breast cancer. However, while in the hospital, your oncologist misreads your MRI and misses three clear tumours. This causes them to misdiagnose your cancer as fibromyalgia, which allows it to spread past the point of effective treatment.

These are only a few examples of how negligence can occur in a hospital, so don’t worry if you can’t see your situation here: You may still be able to claim. Contact our team today to learn more, or keep reading if you’d like to find out how to prove a medical negligence claim.

How Can I Prove Hospital Medical Negligence?

To prove that medical negligence has occurred, you can collect evidence like:

Photographs of visible harm, e.g infected stitches, wrongful amputations, etc.
Witness contact details of anyone who saw the harm or its effects, like an appointment chaperone
Correspondence with the medical institution
A symptom diary exploring the symptoms you’ve endured as a result of the harm
Test results, scans, and other documentation of existing harm

Proving that negligence has occurred is crucial, because your ability to claim hinges on whether or not you received an acceptable standard of care.

We understand that learning how to sue a hospital can seem like a daunting task, but you don’t have to do it alone. Contact our advisors today to find out how a solicitor from our panel could help you prove your claim.

Can I Sue A Hospital With A No Win No Fee Solicitor?

Yes, you can sue a hospital with a No Win No Fee solicitor. At How To Sue, we work with a dedicated panel of No Win No Fee solicitors who offer cutting-edge, client-forward services, all under the terms of a Conditional Fee Agreement (CFA).

A CFA is a type of No Win No Fee agreement, and it allows you to work with an expert solicitor without having to pay them any fees for their work:

Upfront
As the claim progresses
At all, if the claim fails

If your medical negligence solicitor helps you make a successful claim, then they’ll take a small success fee from your compensation. Don’t worry; this fee is taken as a percentage, and the percentage that your solicitor is allowed to take is legally capped. This legal cap is in place to make sure that the majority share of your compensation stays with you.

But why should you work with a solicitor at all? In general, working with a solicitor can make the process of suing a hospital much more efficient, and it can also make it seem less stressful. Our panel, specifically, are experts in medical negligence law, and can help you:

Gather evidence to prove your claim
Negotiate the settlement that you deserve
Communicate with the defendant
Decode any complex legal jargon

Contact How To Sue’s Advisors

Our advisors are here to help. Get in touch with our team today to get started by:

Calling us on 0800 408 7827
Using the live chat feature
Contacting us online

Frequently Asked Questions

Still looking for answers? Take a look at some of our frequently asked questions below:

More Information

For more helpful medical negligence claims guides, try:

Learn about retained placenta negligence claims
Find out how to claim for lung cancer misdiagnosis
Get help making a claim if you were wrongly prescribed Quinine

Or, to find more resources:

Learn how to make a complaint to the Care Quality Commission
Get advice for claimants from NHS Resolution
Advice on when to call 999 from the NHS

Thank you for reading our guide on how to sue a hospital.

Advice On How To Sue A Hospital

How To Sue A Hospital For Medical Negligence

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