Hospital Injuries Negligence Claims
A hospital is somewhere you go to recover from injury, not to be injured. For some patients, however, that is what sadly happens. If you believe that you or a person close to you has been harmed through hospital negligence, get in touch with The Medical Negligence Experts to see if you have grounds to make a compensation claim.
The NHS is the envy of health systems around the world but it is not infallible, and hospital injuries are not confined to one particular department. While busy, pressured environments like Accident & Emergency may be more prone to hospital negligence purely for the high volume of patients they see and treat; you can be affected while staying on a ward, during or after an operation, or through incorrect diagnosis.
When acceptable standards of care fall then people can suffer unnecessarily. The Medical Negligence Experts can help them successfully claim compensation for hospital injuries whether they occurred in a private or NHS facility. We work with the UK’s leading personal injury solicitors who specialise in medical negligence and who understand the worry and suffering you may be experiencing.
What is Hospital Injuries Negligence?
The majority of staff in both NHS and private hospitals are professionals who take their duty of towards their patients very seriously. The high standard of service they provide is what their patients need to recover from their illness or injury. There are times when even people or processes can let patients down; mistakes happen, and injuries occur.
At The Medical Negligence Experts, we have solicitors who specialise in claiming compensation for any medical negligence. You will be represented by a personal injury lawyer who appreciates what you have gone through – and are possibly still enduring – and the effect this has on your life and that of your loved ones.
Common types of hospital negligence that can lead to injury compensation claims include:
- Incorrect diagnosis may happen in Accident and Emergency when you are assessed and deemed not to require further treatment or given the incorrect treatment, or it could result from a specialist misinterpreting your symptoms. There are many symptoms which are present in various conditions – pain, shortness of breath, and fever are just a few. A doctor’s role when diagnosing a condition is to look for the illness which fits the symptoms and not to try to make the symptoms fit what they believe to be the cause.
- Misdiagnosis can happen from even the most capable doctor without them being clinically negligent. To prove negligent misdiagnosis, you must show that another doctor with the same information would reasonably have been expected to diagnose an illness and prescribe the right treatment.
- Making mistakes during an operation can include errors with the quantity or administration of anaesthetic, operating on the wrong part of the body, and leaving foreign objects inside a person. All of these can have potentially fatal consequences.
- Poor post-operative care can also be grounds for claiming compensation if you are injured, or your recovery is delayed as the result of an infection. The actual surgery may go well, but poor nursing care afterwards could lead to conditions like sepsis.
- Failure to obtain informed consent. Even with modern advancements, surgery is still inherently risky and may not always have the hoped-for results. It is the surgeon’s role to ensure their patient is aware of all potential outcomes and risks before they undergo surgery.
- Hospital acquired infections. MRSA and C-Difficile are two of the most common types of hospital-acquired infection. In a healthy person they can have little to no ill effect, but when these viruses attack someone whose immune system is already weak, they can wreak devastating consequences. Hospitals are required to have robust processes in place to help avoid the spread of these infections, but when procedures are not followed correctly, and a patient falls ill, then staff may be found to have been negligent in their care.
- Being given wrong medication either by the dispensing pharmacist in the hospital or the nursing staff on the ward. If a patient is found to have received the incorrect medication but has not suffered any ill effect or delay in their recovery a compensation claim would not be valid as no injury has occurred. It would, however, be grounds for a formal complaint to the hospital.
What Does Compensation Include?
The payment of compensation can cover:
- Physical pain and suffering. This section can also include if your recovery from your first illness is delayed due to negligence. An example would be if you went into the hospital for a routine operation and expected to be back at work within a fortnight. Unfortunately, due to negligent post-operative care, you developed an infection which made you very ill and set your recovery time back three weeks.
- Psychological damage. Damages are only paid for psychological trauma on the diagnosis of a recognised psychiatric condition. Illnesses like Post Traumatic Stress Disorder can happen instances where a patient has woken up part way through an operation because they did not have the correct dose of anaesthetic. Another example is Anesthesia Awareness, which is where a patient appears to be unconscious during surgery but can feel pressure and possibly hear what is going on around them but are unable to make this known.
- The cost of ongoing medical treatment or nursing care. Compensation may also be paid for reasonable private treatment.
- Lost wages due to being unable to work while you recover from the effects of your negligent care. In extreme cases, this can also include payment for predicted future earnings if your injury leaves you unable to return to work. Compensation may cover the cost if your partner or close friend has had to reduce their working hours to care for and support you.
Any equipment or adaptations you need in your home to accommodation a permanent injury caused by negligence. For example, if you lose mobility and need to adjust your living space or install a stair lift to help you at home.
NHS Complaint vs NHS Compensation
If your injury occurred at an NHS hospital, you have the right to request a thorough investigation of your complaint. You should also receive information about the outcome and any subsequent action the hospital may take, such as changing their working practice. You can escalate it to the industry ombudsman if you are unsatisfied with the management of your complaint. If your accident was due to unlawful treatment – for example, receiving treatment from someone who falsified their qualifications, or the act of negligence was deliberately done to cause you harm, you can also request a judicial review.
It is not necessary to go through the NHS’ formal complaints system before you start a compensation claim. However, may be beneficial if you do as their investigation will give a good understanding of whether your injury was due to negligence and you are therefore eligible to claim compensation. Every hospital procedure carries with it some degree of risk, and it is possible for injury or illness to occur even if every reasonable precaution is taken to avoid this. For a compensation claim to be valid, a person or organisation needs to be responsible otherwise who will pay the damages?
While raising an NHS complaint can help give you answers and the reassurance that no one else need suffer in the way you did, it can take several months to resolve. As there is a strict statutory limit of three years in which to submit a request for compensation, that may be time you don’t want to waste. It is possible to file a complaint and begin a compensation claim at the same time.
Even if the outcome of the investigation into your complaint is that your care was negligent, the NHS complaint process cannot pay you compensation. Likewise, a successful compensation claim will not necessarily lead to any changes in hospital practice or discipline of the person responsible. The two actions – complaint and compensation request – have different aims and outcomes.
The NHS has its own body, called the NHS Litigation Authority, for managing payment requests.
We do recommend that you instruct a No Win No Fee solicitor to take on your case and challenge the NHS. Going alone can result in costly legal fees.
No Win No Fee* Hospital Injury Compensation Claims
We believe that expert legal representation and advice should be available to everyone who needs it, not only those who can afford it. We make this accessible with our No Win No Fee* agreement that does away with upfront legal costs and removes the financial risk associated with claiming compensation. It also gives you the security of knowing that your personal injury solicitor will work their hardest to ensure you receive maximum compensation as they will not get paid unless they achieve a successful outcome for you.
How Can We Help?
Lawyers at The Medical Negligence Experts have extensive experience in representing clients who have received an injury in the hospital and who are seeking compensation. We understand that you may still be recovering both physically and emotionally and that starting the legal process for damages may be the furthest thing from your mind – something to put off until you’re feeling better.
You have three years from the date of your injury – or the time you became aware it was linked to negligent treatment – to start a compensation claim. The only exception is if you were under 18 at the date of the incident when you have until your 21st birthday.
It is also possible to act as a “litigation friend” for someone under the age of 18, or who is ruled legally unable to manage their financial affairs due to a mental disability. In this instance, any compensation paid will go into a trust to be used for the victim’s care and recovery, or to accrue interest until they can manage their finances themselves.
Given the strict legal timelines for submitting a compensation claim to court, we recommend you contact us as early as possible to give your case the best possible chance of being successful. For a claim to be valid, you need to prove both that you received negligent care and this care caused your injury. The onus is on the claimant to provide this evidence, and this information becomes harder to obtain as time passes.
You can make a free, no obligation enquiry by contacting us today. One of our expert medical negligence experts will talk to you about your experience to ascertain if your claim has a good chance of success and give you professional advice about whether or not you can proceed. If so, we will act on your behalf by compiling evidence and raising the claim with your care provider, negotiating and advising to achieve the best possible outcome for you.
The Medical Negligence Experts is respected in our field not only for the success we achieve for our clients but because of our high standards of customer service. All our claimants are treated equally regardless of the seriousness or nature of their injury. The right compensation represents the ability for you to move beyond your injury, so why would you expect any less from us?
You will not be passed around from stranger to stranger, but provided with a dedicated medical negligence solicitor who will support and represent you for the duration of your claim. You will have their email address and phone number, so you know you will be able to share information or obtain answers from a person who understands your claim and will not make you repeat details. Making successful compensation claims for medical negligence may be our business, but that does not mean we forget it can be confusing and stressful for those who have never had to make a claim or be involved with the legal system before.
Obtaining compensation for medical negligence can be a lengthy process, but you can start it today. Contact The Medical Negligence Experts now.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.