Can I Sue A Hospital And Claim Compensation

When under the care of a hospital, we entrust them with our health and well-being. We expect to receive a professional standard of care and treatment. When things go wrong, negligent errors are made and you are harmed, you may wonder how to sue a hospital for medical negligence.

To sue a hospital for medical negligence, you need to show that you were under the care of an individual healthcare practitioner, hospital, or NHS trust and that this party caused you to experience harm that would have otherwise been avoided. Whilst many medical procedures, treatments, and medications may have known side effects, you could be entitled to compensation if you can show that any harm you suffered was unnecessary or could have been avoided if the hospital or individual provider had followed professional standards.

Furthermore, you could sue a hospital for personal injury or a data breach. For example, if you slipped on a wet floor while visiting and broke your leg, or if your medical records were lost.

We work with a panel of solicitors, including those who are experts in clinical negligence cases. One of these solicitors could assess your case, help to value your injuries, and assist you in successfully claiming compensation. If you would like more information, please speak to one of our advisors now.

Jump To A Section

• How To Sue A Hospital For Medical Negligence
• Can I Sue A Hospital For Wrongful Death?
• What Are Some Examples Of Hospital Negligence I Can Sue For?
• What Else Can I Sue A Hospital For?
• How Much Compensation Can I Sue A Hospital For?
• What Evidence Will I Need To Sue A Hospital For Compensation?
• How Long After Hospital Negligence Occurred Can I Sue?
• Why Choose How To Sue For A Hospital Negligence Claim?
• Can I Sue A Hospital On A No Win No Fee Basis?
• Learn More

How To Sue A Hospital For Medical Negligence

To sue a hospital for negligence, you need to show that they failed to provide you with treatment which met the correct medical standards and that this led to you being avoidably harmed. There are 3 basic criteria any clinical negligence claim has to meet.

1. A Hospital Owed You A Duty Of Care
Firstly, you need to show that the hospital had a duty of care towards you. Any healthcare provider automatically owes you this duty when under their care. The hospital and doctors, nurses and other healthcare professionals must ensure that any care dispensed meets applicable standards.

2. They Breached This Duty
Next, you need to provide evidence showing that the treatment provided by the hospital fell below the expected, minimum, professional standard. A potential example could include A&E staff failing to correctly triage a patient with stroke symptoms. They fail to activate the FAST stroke pathway, allowing their condition to unnecessarily worsen, requiring more extensive treatment.

3. This Led To You Suffering Avoidable Harm
You need to show that the care you were provided caused you to suffer avoidable harm. In the above example, the delayed diagnosis of an A&E patient caused the blood clot to continue starving the brain of oxygen. The patient suffered permanent paralysis which may have been avoided if treatment was started earlier.

How To Sue A Hospital On Behalf Of A Loved One

To sue a hospital on behalf of a loved one, such as a child or person with reduced mental capacity, you must act as their litigation friend. This is a person, such as a family member, friend, or even a solicitor, who is appointed by the court to act in the victim’s best interest. These parties require a litigation friend to act on their behalf as they are not able to take legal action themselves.

You can learn more about what a litigation friend is in our dedicated guide. In our section on time limits, you can also see how the limitation period may impact these types of claims.

Talk to an advisor today to learn more about the criteria your case must meet.

Can I Sue A Hospital For Wrongful Death?

The estate or family of the deceased could sue a hospital for a wrongful death. Which of these parties can bring a hospital negligence claim depends on how long after the incident it is brought. Within the first 6 months of the person’s death, clinical negligence claims can only be brought by their estate. The estate may bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934.

If no claim is brought by the estate during this period, eligible family members may subsequently do so. They may do so in accordance with the Fatal Accidents Act 1976.

Crucially, fatal clinical negligence claims can only be brought once and by one of these parties. Meaning that if the estate does bring a claim, no family members may subsequently do so.

An advisor could explain how to sue for a fatal accident in a hospital or other clinical setting. Get in touch to learn how to sue a hospital.

What Are Some Examples Of Hospital Negligence I Can Sue For?

Examples of hospital negligence could include surgical errors, birth injuries, and the failure to correctly diagnose an injury, illness, or condition. Below, we look at different examples of how substandard hospital care could cause you unnecessary harm.

• Surgical negligence– a surgeon may operate on the wrong body party, avoidably nick a nerve or perforate an organ, or leave surgical implements (such as a swab) inside a patient.
• Missed or delayed diagnosis – a doctor fails to diagnose a condition, diagnoses it incorrectly, or negligently delays the patient’s diagnosis. All of which can delay treatment, resulting in a worsening condition.
• Medication errors – where a doctor prescribes or administers the wrong medication to a patient.
• A&E negligence – such as triage or treatment failures.
• Hospital acquired infections – where a patient contracts a hospital acquired infection, such as MRSA, due to poor hygiene, cleanliness, or infection control procedures.

You can find out more about how to sue a hospital for medical negligence by contacting our team.

What Else Can I Sue A Hospital For?

In addition to clinical negligence, you could sue a hospital for personal injury or data breach. The criteria to bring a claim for either of these are slightly different, and we explore each below.

Personal Injury Claims Against A Hospital

You may be able to make a personal injury claim if the hospital failed to keep you reasonably safe while on its premises.

Hospitals owe a duty of care to patients, visitors and staff to ensure the environment is safe.
If they fail to maintain safe conditions and you’re injured as a result, this amounts to negligence.
The Occupiers’ Liability Act 1957 requires those in control of premises to ensure visitors are reasonably safe. Whereas, the Health and Safety at Work etc. Act 1974 places a duty of care on employers to take reasonable steps to protect their employees from risks to health and safety.

Example: A patient slips on a wet hospital floor with no warning signs and suffers a fractured hip. The hospital may be liable for failing to maintain a safe environment.

To learn more about how to make a personal injury claim, please read our dedicated guide.

Data Breach Claims Against A Hospital

Hospitals also handle highly sensitive personal data (known as special category data, such as your medical records). If this data is mishandled or exposed, you may be able to make a data breach claim.

Hospitals must securely store and process your personal data. This includes any information that can identify you as the subject, such as your name and date of birth, as well as special category data. If this data is lost, accessed without permission, or shared incorrectly, this can cause distress and potential financial harm.

The UK General Data Protection Regulation (UK GDPR) sets out how personal data must be processed and protected. The Data Protection Act 2018  works alongside UK GDPR to enforce data protection rights in the UK.
Example: A hospital accidentally sends your medical records to another patient, exposing sensitive health information. You could claim compensation for distress and any financial losses caused.

For more information about how to sue for a data breach, please see our dedicated guide.

A specialist solicitor from our panel could help you. Please speak to an advisor to find out if you are eligible to make a claim for personal injury or data breach.

How Much Compensation Can I Sue A Hospital For?

How much compensation you could sue a hospital for can be dependent on how you were harmed, the severity of this harm, and whether this caused you any financial losses. Medical negligence claims may be awarded up to 2 types of compensation. These are called general damages and special damages.

General damages compensate for physical and/or psychological harm experienced. This harm may be valued using guidelines from the Judicial College (JCG). The JCG is a resource which may be used by legal professionals, such as the courts or solicitors.

We have taken a few examples of different types of harm to give you an idea of how general damages could be valued. Our table also includes an example of a settlement inclusive of special damages in the first row. This figure is not from the JCG.

Harm	Severity	Compensation bracket
Multiple forms of serious harm + special damages for lost earnings, medical bills, and care costs.	Serious injury	Up to £1,000,000+ with special damages.
Paralysis.	Quadriplegia/ tetraplegia. Compensation for typical cases could fall in the middle of the bracket.	£396,140 to £493,000.
Brain damage.	Moderately severe.	£267,340 to £344,150.
Kidney damage.	Serious and permanent damage or loss of both kidneys.	£206,730 to £256,780.
Epilepsy.	Established Grand Mal.	£124,470 to £183,190.
Psychiatric damage.	Severe, with problems in all areas of life.	£66,920 to £141,240.
Injuries affecting the senses.	Total loss of an eye.	£66,920 to £80,210.
Chest injuries.	Chest and lung damage causing some disability.	£38,210 to £66,920.
Bladder injury.	Where you make an almost complete recovery.	£28,570 to £38,210.
Spleen.	Where you have lost the spleen and there is the risk of internal infection.	£25,380 to £32,090.

Next, we look at how a successful claim could compensate you for financial losses.

Can I Sue For Financial Losses Caused By Hospital Negligence?

Yes, you can sue for financial losses, such as medical bills, or lost earnings, caused by hospital negligence. Common financial losses may include,

• Lost earnings caused by taking time off to recover or receive medical care.
• Medical bills if you required private hospital treatment.
• Care costs, if you require short, medium, or even long-term medical care.
• Domestic support, such as child care, etc.

You will need to provide evidence, such as bank statements and medical bills to sue for any of these financial losses.

Talk to one of our advisors about how to sue a hospital. They can evaluate your situation and estimate the compensation that might apply in your specific case.

What Evidence Will I Need To Sue A Hospital For Compensation?

To sue a hospital for compensation, you will need evidence, such as your medical records or copies of any written complaints you made, showing that the treatment you received fell below professional standards, resulting in your being harmed.

Types of evidence which can prove medical negligence could include,

• Your medical records detailing initial diagnosis and treatment, as well as any subsequent diagnosis and remedial treatment necessary.
• A report from an independent medical assessment of the care you received and the harm you suffered.
• Witness contact details for any third parties who could later provide witness statements.
• Copies of any official complaints you made against the hospital.
• Documentation proving any financial losses, such as copies of your bank statements or pay slips.

One of our advisors could provide further information on how to prove medical negligence and what you can do if a medical professional fails to provide appropriate care.

How Long After Hospital Negligence Occurred Can I Sue?

You have 3 years from the date on which medical negligence occurred (or that you discovered the harm) to claim compensation. The time limit to sue the NHS or a private healthcare provider is set by the Limitation Act 1980.

Whilst the standard limitation period runs for 3 years from the date on which negligence occurred or you became aware of it, there are also exceptions to this rule. The time limit can be indefinitely suspended in cases where the claimant does not have sufficient mental capacity. The time limit may also be suspended where the person harmed is a child.

These exceptions are made as the parties identified are not able to take legal action on their own behalf, as discussed earlier on.

One of our advisors could help you to understand what time limits can apply to medical negligence cases.

Why Choose How To Sue For A Hospital Negligence Claim?

By choosing How To Sue for your hospital negligence claim, you can benefit from expert knowledge and extensive support from one of the solicitors on our panel. The medical negligence solicitors on our panel are experienced at handling a variety of different types of claims against hospitals.

Some of the benefits of working with them includes,

• Independent legal advice with an explanation of the claims process and terms used.
• Help navigating the NHS complaints procedure, or making a complaint against a private provider.
• Help accessing medical care and rehabilitation services needed to help you recover from the harm you suffered.
• Assistance in accessing interim payments, as necessary.
• Negotiation with either NHS Resolution or the private provider’s insurer.

Our panel could work on your claim, ensuring you get the best possible resolution. Please discuss your case with one of the advisors at How To Sue.

Can I Sue A Hospital On A No Win No Fee Basis?

Yes, you can sue a medical professional, NHS trust, or hospital on a No Win No Fee basis for the impact of negligent medical care. All of the expert solicitors on our panel are able to assist claimants on a No Win No Fee basis, by using a Conditional Fee Agreement (CFA). This is a way for a medical negligence solicitor to provide their services and work on your case, without the need to ask for upfront fees for their work. In fact, you will not need to pay solicitors’ fees for work they carry out as the claim is ongoing or if the outcome is not positive.

If you win your claim, you will be charged a success fee. This is a pre-agreed percentage of the compensation. It is deducted by the solicitor and the law limits the maximum percentage which may be deducted. This ensures that you will keep the majority of it.

Contact How To Sue To Begin A Claim

Contact How To Sue to begin your medical negligence claim.

• Phone an advisor on 0800 408 7827.
• Click here to contact us via our form.
• Tell us what happened using our online chat.

Learn More

Learn more about the medical negligence claims process in these resources.

• See how to sue for a stroke misdiagnosis in this resource.
• View our resource on how to sue for thyroid cancer misdiagnosis.
• Check if you can sue for being given the wrong medication here.

References.

• View this NHS resource on your rights as a patient.
• View professional standards for good medical practice in this General Medical Council resource.
• You can view the NHS Constitution for England here.

Thank you for reading our guide. Contact our team of advisors to learn more about how to sue a hospital for medical negligence.