How To Sue A Hospital – A Guide To Claiming Compensation

Welcome to our guide on how to sue a hospital. Have you experienced suffering as a result of a hospital’s failures? Providing that you can show they acted in a way that breached their duty of care, you could be able to make a claim against them. In this article, we’ll use our years of experience handling medical and clinical negligence claims to help guide you towards successfully winning the compensation that you deserve. 

Claims against large-scale organisations like the NHS can be a particular challenge to make. However, by seeking help from a solicitor, did you know that your claim’s chances of success could increase, in addition to the value of your payout?

how to sue a hospital
How to sue a hospital

In any case, it’s always best to seek help from a professional. So, if it’s specialist advice that you’re looking for, please don’t hesitate to reach out to our team today. For no cost, we provide one-to-one consultations to get a better understanding of your case and offer our expert advice on how best to proceed.

If it’s legal assistance that you’re looking for, then our panel of medical negligence lawyers are on hand waiting to handle your case. If we believe you to have a valid case for compensation, then we can connect you with a solicitor to begin working with you right away. What’s more, you can always expect to receive a No Win No Fee service from our panel. This way, we won’t take any money from you if we don’t win your case, so you don’t have to worry about any financial risk when making your claim.

So, for specialist advice or legal assistance, you can trust our team to help you. Our advisors can be reached any day, any time, so please don’t hesitate to get in touch using one of the following methods:

 

Select a Section

  1. How To Sue A Hospital – A Guide To Claiming Compensation
  2. Why Would You Sue A Hospital?
  3. What Is A Hospital’s Duty Of Care?
  4. How Can A Hospital Breach Their Duty Of Care?
  5. Hospital Negligence Stats
  6. What Should I Do If I Experience Medical Negligence?
  7. What Is The Average Payout For A Hospital Claim?
  8. No Win No Fee Hospital Negligence Claims
  9. How To Find A Suitable Medical Negligence Lawyer
  10. Talk To Our Team About How To Sue A Hospital
  11. Additional Guides On How To Sue A Hospital 

 

How To Sue A Hospital – A Guide To Claiming Compensation

If you believe that you could have grounds to sue a hospital, we’ll address some of the following questions commonly asked by prospective claimants in your situation, such as:

  • Why would you sue a hospital?
  • What is a hospital’s duty of care and how could they breach it?
  • How much is the average payout for a medical negligence claim against a hospital?

In addition, we’ll offer some of our top tips on what steps you could take towards  successfully winning the compensation that you deserve for your suffering, including:

  • What you should do if you experience medical negligence from a hospital
  • How entering into a No Win No Fee agreement could benefit you
  • Where to find the best medical negligence lawyer to handle your case

Once again, we’d like to reiterate that whether you’re looking for specialist advice or legal assistance, you can trust our team to help you. Our advisors can be reached any day, any time, and could connect you with our panel of medical negligence lawyers to begin working with you right away. So, please don’t hesitate to get in touch.

Why Would You Sue A Hospital?

You may wish to sue a hospital if its staff failed to prevent you from suffering or even caused you to suffer directly. In simple terms, if your suffering was due to their failures, then you could be able to hold them liable. Providing you can prove that your suffering was preventable, you could have grounds to make a medical negligence claim.

If, in this case, you believe that you have adequate grounds to sue a hospital, then it’s important that you’re aware of the following time limits that apply. Generally, you have up to 3 years to make a medical negligence claim. This period is effective from the incident that caused you to suffer or the date that you realised the hospital’s accountability for it. By waiting too long before taking legal proceedings for your case, you risk losing your eligibility for compensation.

By getting in touch with our team today, one of our specialist advisors can tell you whether you’re eligible for compensation as part of a free consultation. If we believe you to have a valid claim, then we can connect you with our panel of No Win No Fee medical negligence lawyers to begin working with you right away.

In the meantime, please see the following few subsections for some more specific examples of why you may want to sue a hospital.

Pregnancy And Birth Injuries

If you’ve received improper care that resulted in harm to either you or your baby, you could have grounds to sue the hospital for their negligence. 

The following are some examples of hospital failures that could take place in a maternity ward:

  • A birth injury was suffered by your baby as a result of receiving improper NICU care
  • Fetal distress was suffered by your baby as a result of a mismanaged procedure in an emergency
  • A traumatic birth injury was suffered by your baby as a result of excessive pressure to their head (for example, through the use of forceps) 
  • Birth asphyxia was suffered by your baby as a result of oxygen deprivation caused by a failure to deliver them quickly enough 

Prescription Errors

According to a recent NHS report, 1 in 20 prescriptions given to patients were wrong. The mistakes that led to these dangerous instances included:

  • Incorrect doses taken due to insufficient information accompanying the prescription
  • Lack of monitoring of the patient’s symptoms post-prescription
  • Insufficient checks given to patients with multiple prescriptions (16% more risk of error associated with each additional medication prescribed)

Misdiagnosis

If you’ve been given a misdiagnosis or a missed diagnosis completely, then you could be entitled to sue the hospital responsible providing that you can prove that their failures led you to suffer. 

Whether you feel as though the diagnosis you received may be incorrect or think you should have received a diagnosis but didn’t, you should always listen to your instincts. By addressing the issue with a healthcare provider, you could explore the alternatives together, in attempts to find an answer to your concerns.

What Is A Hospital’s Duty Of Care?

If you’re wondering whether you could have grounds to sue a hospital, you must be able to prove the following for you to have a valid medical negligence claim:

  • The hospital owed you a duty of care
  • This duty of care was breached by the hospital
  • You were caused to suffer as a result of this breach by the hospital

Typically, grounds for medical negligence can be established if the suffering that you experienced was avoidable. In other words, if the hospital adhered to the standards expected of them in their duty of care, then your suffering wouldn’t have occurred. Therefore, if you can prove that the hospital’s failures were responsible, you may be able to hold them liable.

How Can A Hospital Breach Their Duty Of Care?

In order to help ensure safe and proper practice, hospitals owe their patients a duty of care as mentioned above. Sometimes, a breach of this duty is easy to spot. For example, if a practitioner acts in a way that no practitioner should, diverging from usual standards of practice. For more examples of how a hospital could breach their duty of care, please refer to the next section.

Many cases of medical negligence can be less straightforward to establish liability, even if the practitioner accepts your account of their actions. As the courts widely accept that things can go wrong without negligence being to blame, the dispute often lies in whether your practitioner’s actions were negligent. Typically, negligence sees a practitioner breach their duty of care to their patient through their actions.

To help establish negligence, evidence is key to giving your claim the best chances of success. If you seek legal help, your solicitor will arrange a medical assessment for you with an independent expert. The report that they write will evaluate how your physical and psychological state has been impacted by the incident in question. And crucially, it will help to prove that the cause of your injuries was negligence. 

If it’s legal assistance you’re looking for, our panel of medical negligence lawyers is on hand to handle your case. If we believe you to have a valid case for compensation, then we can connect you with a lawyer from our panel to begin working with you right away. 

What’s more, you can always expect to receive a No Win No Fee service from our panel. This way, we won’t take any money from you if we don’t win your case, so you don’t have to worry about any financial risk when making your claim. Please get in touch today to find out more about our services.

Hospital Negligence Stats

In this section, we’ll explore some recent statistics concerning medical negligence claims, including some information on success rates and valuations.

According to a 2019 report by the NHS, their organisation received over 10,000 clinical negligence claims that year alone. There was an increasing rate of cases mediated by the organisation before going to trial, standing at 6 to 1. The total value of these clinical negligence claims sat at around £83.4 billion.

Of the 10,678 clinical negligence claims reportedly received by the NHS, the most frequent specialist departments concerned included:

  • Emergency medicine
  • Orthopaedic surgery (musculoskeletal related)
  • Obstetrics (pregnancy, childbirth and postpartum related)

Financially, the report saw that the highest valued clinical negligence claims included those in the following fields:

  • Obstetrics (£2.5 billion)
  • Emergency medicine (£422 million)
  • Paediatrics (£333 million)
  • Orthopaedic surgery (£216 million)
  • Neurology (£147 million)

Another NHS report into medical negligence explored the occurrence of Never Events, defined as serious incidents that were entirely preventable. In 2020, a total of 205 Never Events were reported to have taken place between April and October. The most frequent incidents included:

  • Surgeries performed on the wrong site
  • Foreign objects retained in the body post-surgery
  • Gastric tubes misplaced leading feed to be incorrectly administered
  • Medication administered via the wrong route
  • Incorrect implants or prosthesis 

Whatever type of medical negligence that you suffered, it’s never acceptable. Providing you can prove that your suffering was preventable and was caused by the hospital’s failures, you could have grounds to make a medical negligence claim.

To learn more about what you should do if you fall victim to medical negligence, please see the next section of this article for some of our top tips on the steps that you can take. Alternatively, our advisors can be reached any day, any time, to provide you with free support in your time of need. What’s more, they could connect you with our panel of medical negligence lawyers to see that you get the compensation you deserve. 

So, please don’t hesitate to get in touch today for a free consultation.

What Should I Do If I Experience Medical Negligence?

As claims against large-scale organisations like the NHS can be a particular challenge to make, this means that many are unsuccessful in their bid for compensation. In this section, we’ll explore some steps that you could take to increase your claim’s chances of success.

If you wish to sue a hospital operated by the NHS, you could complain through their official complaints procedure. This could allow you to learn more about the circumstances of your situation through the findings of their investigation. What’s more, their findings could influence your decision on whether to pursue legal action or not.

However, by seeking help from a solicitor, did you know that your claim’s chances of success could increase, in addition to the value of your payout? 

If it’s legal assistance you’re looking for, our panel of medical negligence lawyers is on hand to handle your case. If we believe you to have a valid case for compensation, then we can connect you with a solicitor to begin working with you right away. What’s more, you can always expect to receive a No Win No Fee service from our panel. This way, we won’t take any money from you if we don’t win your case, so you don’t have to worry about any financial risk when making your claim.

So, whether you’re looking for legal guidance or a solicitor, please contact us today for your free consultation.

What Is The Average Payout For A Hospital Claim?

If you want to sue a hospital, have you considered how much compensation you could be entitled to? In this section, we’ll explain how medical negligence claims are generally valued.

In most cases, compensation is categorised as either general damages or special damages. These split payouts by two different types of damage caused by the incident, much like personal injury claims. 

To determine an exact figure for general damages—compensation awarded to account for the physical pain, psychological suffering and impact on your quality of life—a solicitor can organise a medical assessment with an independent specialist. This will attempt to evaluate the extent of your suffering and evidence the claim.

For more information on how much compensation you could be entitled to as part of your medical negligence claim, please see the next few sections. There, you’ll find some example payout figures taken from the Judicial College Guidelines, an organisation responsible for training Britain’s judges.

Alternatively, please don’t hesitate to get in touch with us today for a free personalised consultation on your unique situation. 

Calculating General Damages With A Personal Injury Claim Calculator

When wondering how much compensation you could be eligible to receive, it’s common to seek help from online ‘personal injury claims calculators’ or ‘medical negligence claims calculators’. However, we would advise against the use of these tools, as they can generate figures that are simply generalisations.

Instead, why not get in touch with our team today for a free consultation with one of our specialist advisors? With years of experience in the claims process, we know that your case is completely unique. Therefore, it deserves to be treated as such, particularly if you’d like an accurate settlement estimate. 

In the meantime, please see the table below for some example compensation brackets for general damages:

InjuryDescriptionCompensation
Post-Traumatic Stress Disorder (moderate)Full recovery expected with no lasting disability
£7,860 to £21,730
Neck (minor)
Full recovery expected within 2 years£4,080 to £7,410
Brain damage (moderately severe)
Lasting disability requiring around the clock care£205,580 to £264,650
Post-Traumatic Stress Disorder (severe)
Lasting trauma with disabling effects£56,180 to £94,470
Back (severe)
Lasting pain causing disability£85,470 to £151,070

Special Damages

In addition to physical and psychological harm accounted for in general damages, special damages can also be claimed. Such a payout could help you recover any costs that the incident in question caused you, both past and future. Therefore, you could be restored to the financial position that you once had prior to your suffering.

Costs with the potential to be recovered include, but are not limited to:

  • Medical fees (e.g. prescription costs)
  • Care costs (either gracious care or professional care)
  • Travel expenses (e.g. taxi fares to and from medical appointments)
  • Loss of earnings (also considers any potential for future loss of earnings)

However, please note that if you intend to recover special damages, you must be able to evidence them. This could be done using receipts, bank statements and the like, but without them, you risk losing out on compensation.

No Win No Fee Hospital Negligence Claims

You can always expect to receive a No Win No Fee service from our panel. This way, we won’t take any money from you if we don’t win your case, so you don’t have to worry about any financial risk when making your claim.

As part of this agreement, there are no fees to pay upfront and there aren’t any hidden fees either. This way, you don’t need to worry about any unexpected catches. 

With a No Win No Fee solicitor, you can get legal help with financial peace of mind. If they win you your compensation, then a legally-capped percentage of it will be allocated to cover their legal fees.

How To Find A Suitable Medical Negligence Lawyer

It can be difficult to make a claim against large-scale organisations like the NHS. However, by seeking help from a solicitor, did you know that your claim’s chances of success could increase, in addition to the value of your payout?

As technology allows clients to get in touch with solicitors remotely, there’s no need to settle for a local lawyer. Instead, why not speak to one of our specialist advisors today to see how we could help you? 

Our panel of medical negligence lawyers provides clients across Britain with regular updates on their cases using email and telephone. What’s more, they’re happy to meet up with you if you’d prefer an in-person consultation. They have vast experience handling clinical negligence claims and know how to recover as much compensation possible. For more information on our services, please continue reading or call the number at the top of your screen today.

Talk To Our Team About How To Sue A Hospital

If it’s specialist advice that you’re looking for, please don’t hesitate to reach out to our team today. For no cost, we provide one-to-one consultations to get a better understanding of your case and offer our expert advice on how best to proceed.

Alternatively, if it’s legal assistance that you’re looking for, then our panel of medical negligence lawyers are on hand to handle your case. If we believe you to have a valid case for compensation, then we can connect you with a solicitor to begin working with you right away. What’s more, you can always expect to receive a No Win No Fee service from our panel. 

So, for specialist advice or legal assistance, you can trust our team to help you. Our advisors can be reached any day, any time, so please don’t hesitate to get in touch using one of the following methods:

Additional Guides On How To Sue A Hospital

 

Thank you for reading our guide on how to sue a hospital. We hope you’ve found it useful.

 

 

Guide by Mav

Edited by Bill