How To Sue For Hospital Compensation

In this guide, we will look at how to sue for hospital compensation. When you visit a public place, the party in control of the space has a responsibility for your safety. 

How to sue a hospital
How to sue for hospital compensation guide

If they breach this, and you’re injured as a result, then you might be entitled to make a personal injury claim for compensation. This guide will explain how to tell when a duty of care breach has occurred, and the kinds of accidents that could happen as a result.

If you would like further advice on how to sue for hospital compensation, don’t hesitate to contact our team of advisors.  If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel to work on your case. 

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How To Sue For Hospital Compensation For Personal Injury

There are a number of different ways you could be injured in a hospital. However, not all instances of accidents leading to injuries in this setting will be grounds for a valid claim. 

In order to claim, you will need to show that the accident in which you were injured happened because of a breach of duty of care. The duty of care you’re owed in a hospital is outlined in the Occupiers Liability Act 1957.

This states that the party in control of the space (referred to in legislation as “the occupier”, although they don’t actually need to occupy the space) owes you a duty of care. They need to take steps to stop you from being injured. Furthermore, they should be aware that children are likely to be less careful of their own safety than adults.

If you were injured despite them fulfilling the duty of care that they owed, you’d be unable to make a claim. Furthermore, even if you’d been involved in an accident because of negligence, you would not be able to claim unless this caused you an injury.

For free legal advice on how to sue for hospital compensation, speak with one of our advisors today.

  Examples Of Accidents In A Hospital

Below, we’ve included some examples of potential accidents that could occur in a hospital:

  • Slips, trips and falls. You could experience a slip or fall if you were walking along a corridor where obstructions were present that caused you to fall. This kind of accident could also be caused by poor walking surfaces (for example, loose tiling) or spills that are not cleaned up or signposted in an appropriate time. This could cause a concussion or broken cheekbone.
  • Falls from a height. Some hospitals operate on two levels, and there might be a mezzanine level or elevated walkthrough. If the railings surrounding this were not secure and you fell from a height resulting in a break or fracture such as a broken rib, you may be able to claim.
  • Needlestick injuries. Needles and other sharp instruments are often used in hospitals. These should be disposed of properly. Failure to do so could result in someone being pierced by this kind of instrument, which could then pass on an infection or illness.

This is not an exhaustive list of the ways that you could sustain an injury in a hospital. For more information on how to sue for hospital compensation or when a claim might be justified, speak with an advisor today.

How To Sue For A Data Breach

Personal data is any data that can be used to identify you, either alone or when combined with other information. It’s protected by legislation like the Data Protection Act 2018 and the UK GDPR.

A data breach is any incident that impacts the availability, confidentiality or integrity of personal data. However, you cannot claim for any data breach that occurs. In order to claim, you need to show that:

  • The breach was caused by the positive wrongful conduct of the organisation processing the data; and
  • You were harmed by the breach

For example, you may have had information relating to treatment you received sent to another patient without authorisation to see this. If they have access to this information, you might become anxious or depressed as a result.

For more information on how to sue for hospital compensation for a data breach, speak with one of our advisors today.

How Much Compensation Could I Get In A Claim Against A Hospital?

After establishing how to sue for hospital compensation and when a claim might be justified, you might be wondering how much you could receive in a successful claim. If you’re awarded compensation, it could be made up of two different heads. We look at these in closer detail below: 

General damages

General damages are awarded in every successful personal injury claim, and compensate you for the pain and suffering that your injuries have caused you. 

It can be valued with the help of a publication called the Judicial College Guidelines, which contains brackets that are based on previous settlements in successful claims. We have used excerpts from these guidelines to create the table below:

InjurySeverityCompensation BracketNotes
Brain or head injuryMinor£2,210 to £12,770If brain damage is present at all it will be minimal
Eye injuriesTransient (i)£2,200 to £3,950Injuries are fully healed in a few weeks
Back injuriesModerate (b) (ii)£12,510 to £27,760Disturbance of ligaments and muscles causing residual backache.
Shoulder injuriesMinor (d) (ii)£2,450 to £4,350Soft tissue injury with serious pain but almost complete recovery in under a year.
Pelvis and hip injuriesLesser injuries (c) (i)£3,950 to £12,590Despite significant injury there is little or no disability.
Elbow injuriesModerate or minor (c)Up to £12,590Most injuries include simple fractures and lacerations. There is no permanent damage.
Wrist injuries(b)£24,500 to £39,170There is some useful movement in the wrists, however the injury leaves significant permanent disability
Hand injuriesSevere finger fractures (f)Up to £36,740Leading to partial amputations, impaired grip and reduced function.
Leg injuriesLess serious (c) (ii)£9,110 to £14,080Simple femoral fracture without damage to articular surface
Knee injuryModerate (b) (i) £14,840 to £26,190Dislocation and torn cartilage resulting in instability.

Specialist damages

Special damages is the second potential head of your claim. These compensate for the financial impact your injury has had on you. Special damages can include:

  • Past and future loss of income. If your injury leaves you unable to work, you may be able to claim the money you weren’t able to earn during this time. 
  • Past and future medication and treatment costs. 
  • Past and future travel expenses. It can be expensive getting to and from hospital appointments, especially if you are visiting a specialist. You can claim back any travel expenses relating to your injury. 
  • Past and future care or assistance. 

If you’d like a more accurate assessment of the value of your claim, why not get in touch with a member of our team today? They can also give you valuable advice on how to sue for hospital compensation and, if you have a valid claim, could connect you with a lawyer from our panel to work on your case.

How Could A No Win No Fee Agreement Benefit Me? 

A No Win No Fee agreement is an umbrella term that encompasses Conditional Fee Agreements. With this kind of agreement in place, your solicitor won’t ask you for payment upfront or as they work on your claim. 

If your claim is successful, you will pay a success fee to your lawyer. This fee is made up of a legally-capped percentage of your compensation. If you lose your claim, this fee won’t be due to your lawyer.

For more information on how to claim against a hospital, or for a free consultation on your case’s validity, then get in touch. 

Contact us by: 

  • Filling out one of our contact forms 
  • Using our live chat feature at the bottom right of your screen
  • Calling us on 0800 408 7827

Learn More About How To Sue For Hospital Compensation

How To Sue The NHS|  HTS

Sue For Medical Negligence| HTS

Explaining The Personal Injury Process| HTS

If these were helpful, you may wish to read these: 

Report A Data Breach- ICO

NHS Resolution 

Reportable Incidents- HSE

If you have any more questions about how to sue for hospital compensation, speak with our team today.

Article by Wyk

Edited by Sto