Hospital Negligence Claims – Sue Your Hospital
When you go to the hospital, it is usually to stop an illness or injury from getting worse. You hardly expect for your health to deteriorate due to your stay yet for some unfortunate patients that is just what happens. Hospital negligence affects thousands of patients every year, causing everything from a delay in their recuperation to death. If you or a close family member has suffered from illness or injury due to negligent care while in the hospital, The Medical Negligence Experts can help you claim the compensation to which you may be entitled.
What is a Hospital Claim?
Hospital negligence is when you receive a standard of care that is below what is acceptable, and it can take an enormous variety of forms. It is important to note that not all illness and injury suffered in a hospital is due to negligence, and not all negligent care will cause harm. However, where both factors are in place, you may be able to claim compensation for the damages caused.
Examples of hospital claims can include:
- Poor hygiene standards leading to infection, including MRSA
MRSA and C Difficile are the two of the most frequent types of infection for which The Medical Negligence Experts handle compensation claims. Hospitals, care homes and other medical facilities should have clear and robust procedures to help prevent the spread of infection.
A healthy body will actively fight off an infection, leaving a person feeling a little under the weather for a short while but otherwise able to make a full recovery. Hospital acquired infection negligence is so dangerous because it typically affects people who are already weak from an existing illness or their treatment, and who do not have the reserves to fight the invading virus or bacteria. Hospitals, therefore, need to be vigilant about their cleaning and handwashing processes to protect the vulnerable from an avoidable hospital acquired infection.
There are occasions when, despite all reasonable precautions, patients can contract a hospital acquired infection. Patients may be able to claim damages caused when it can be proven that these precautions were not taken, or when an infection was not diagnosed or treated quickly and correctly.
- Inadequate monitoring and attention causing pressure sores
People with limited mobility need regular assistance to move their body to prevent the occurrence of pressure sores and ulcers. In addition to being painful, sores provide an opening in the skin for bacteria to get in and cause an infection. In very severe cases, pressure ulcers can lead to sepsis, amputation, and even death. By ensuring a patient is not left sitting or lying in one position for too long, care staff and help prevent pressure sores or bedsores from developing.
- Not taking due care when moving a patient, causing fractures
Care homes and hospitals need to be particularly careful when moving frail and elderly patients. Being too rough can easily cause fragile bones to break. In some cases of medical negligence, these fractures are not immediately apparent. There is a delay in their diagnosis which causes a patient to suffer further pain and distress due to negligent care.
- Giving a patient incorrect medication or failing to administer medication
Whether it is a prescription error made by a hospital’s pharmacy or nursing staff dispensing the wrong medication, the effect can range from delaying a patient’s recovery to potentially causing them serious harm. The Medical Negligence Experts can successfully represent victims of medical negligence, including those who have been made ill or suffered conditions like a stroke or heart attack through being given the wrong type or the wrong dose of medication.
- Allowing blood clots to form
Blood clots can form after long periods of inactivity, such as being confined to a hospital bed. Hospital staff should be aware of this and take precautions to prevent clots from forming. Early treatment of blood clots can quickly resolve the condition leaving no lasting effect. If clots are left undiagnosed or untreated, they can move to the lungs and brain and cause a patient to have a stroke and possibly even to die.
Hospitals need to take extra care with patients known to have a higher than average risk of developing a blood clot including those who are overweight, pregnant, or dehydrated.
- Causing damage to a patient during surgery
Despite impressive advancements in modern surgical techniques, surgery can still go wrong. Patients should be aware of and accept that there is a degree of risk that their surgery may not have the desired results despite the surgeon doing everything correctly. In additional to surgical risks, going under a general anaesthetic can also be detrimental to a patient’s health, particularly if they are smokers or suffer a serious allergic reaction to the anaesthetic used.
Surgical error compensation has been paid for patients where a surgeon has made an avoidable error including operating on the wrong part of the body, carrying out unnecessary surgical procedures, failing to obtain informed medical consent from a patient or their guardian, and leaving foreign objects inside a patient after the operation.
- Accident and Emergency Negligence Claims
1.3 million people in England visit the A&E department every month, seeking care when they are suddenly fall ill or are injured. A&E staff are under enormous pressure to provide each one with a high standard of attention, diagnosing, referring, and treating as appropriate. Unfortunately, working in a high volume, high-pressure environment means mistakes are inevitable. If you have experienced negligent care from Accident and Emergency, our medical negligence solicitors can help you claim compensation to which you may be entitled.
- Maintaining incorrect patient records
Medical staff rely on correct patient records to be able to diagnose and treat patients effectively. Nursing staff need to know if you are allergic to any medication, whether you have had your regular dose of medicine, and other important details which will help them provide you with a good level of care. Likewise, it is important that consultants who have requested further tests make notes about why they did this and what the findings were, partially to prevent the tests being repeated unnecessarily, but also so medical staff who care for you in future have a full understanding of your health.
Maintaining incorrect patient has potential implications for your care now and in the future. Omitting to note previous illnesses, particular symptoms or a family history of a particular condition can easily lead to missed or delayed diagnosis.
This list is far from exhaustive, but you can see that there are many ways hospital negligence can harm the very person who is most in need of care.
What is the required level of care?
Hospital staff have a duty to give you the level of care that is expected of a reasonably competent healthcare professional in the same field. For common procedures, such as hip replacement surgery and intravenous drug dispensing, clinicians should follow an established protocol laid down by the NHS to ensure “best practice” across all hospitals and departments.
In addition, hospitals operates a code of conduct that requires all patients to be treated with dignity and respect. As a hospital patient, you can expect:
- To receive the treatment, care and support that meets your needs
- To be told what is happening at every stage of your care
- To receive the food and drink you need to meet your dietary needs
- To be cared for in a safe and clean environment and protected from infection
- To get the medicines you need when you need them
- To be cared for by the right number of staff with the right skills to do their jobs properly
- To have your care properly coordinated if you move from one service to another
- To have your privacy, dignity and independence respected.
Hospitals that fall short of the required standard may be liable to pay compensation if their mistakes cause physical or emotional harm.
The list of types of hospital compensation negligence is long and detailed but includes:
- Inadequate assessment leading to incorrect treatment.
- Surgical errors, including perforated organs and inadequate postoperative care.
- Anaesthetic negligence.
- Hospital-acquired infections, including MRSA.
- Errors when prescribing and administering medication.
- Birth injuries during pregnancy, labour, or after the birth.
- Delayed referral.
Making a hospital claim about your medical care
You do not need to wait for a formal complaint to be resolved before you start a compensation claim for medical negligence. You don’t have to raise a formal complaint at all, but it can benefit your application for damages if you do and the investigator finds your injury the result of clinical negligence in the hospital.
Hospital claims may give you an acknowledgement of your pain and suffering in the form of payment but it will not give you an apology, nor will it ensure what you have gone through won’t happen to anyone else. What it will give you is the financial means to help move on from your injury or illness, and to ensure you are not left struggling for money as the result of your poor care.
If you are unsure about whether to proceed with a complaint, a compensation claim, or both, get in touch with The Medical Negligence Experts. We are happy to provide you with a free, confidential consultation with an experienced legal advisor who can talk to you about your experience and provide you with the information necessary for you to make an informed decision about what to do next.
How can we help with your hospital sue?
The first way the team of solicitors at The Medical Negligence Experts can help is by confirming whether you have a valid claim. For a hospital negligence compensation claim to be successful, you have to prove not only that you were the victim of negligent care but that the substandard treatment caused your illness or injury. We do this by talking to you about your stay in the hospital, using our professional experience and, where necessary, getting advice from an independent medical expert. It is important our assessment is thorough at this stage to give your claim the best chance of being successful.
If you elect to proceed with your request, you can relax knowing your personal injury lawyer will be busy collecting and analysing the necessary evidence to prove you have suffered damages due to negligent hospital care. We will submit this to the responsible practitioner with the request they pay you a fair amount to compensate for things like lost earnings during your extended recovery time or ongoing treatment you need.
The legal process for claiming compensation is very familiar to us because we do it every day. We understand the legislation and procedures and how to best apply them for your benefit, but we appreciate that, for people who are not used to legal processes, it can appear complicated and potentially scary. We also know that if you are still recovering from the trauma of being the victim of negligent care, that you may be concerned about additional stress a claim may place on your life.
At The Medical Negligence Experts, we do all we can to minimise the disruption claiming compensation can have to your recovery. We make our service and support as personal to you as possible. Your lawyer will have experience of successfully claiming for medical negligence, not a solicitor who specialises in something unrelated, such as family law. You will have your solicitor’s contact phone number and email address so you won’t have to ring a generic call centre and explain your circumstances to people who have no idea what you are talking about. Your personal injury solicitor will support and represent you from the start of your claim until its resolution.
Worry over affording the cost of claiming compensation should not prevent you from being paid damages if you are entitled to them. Our No Win No Fee* agreement makes it affordable for you to exercise your right to claim compensation for hospital negligence. In addition to minimising the risk of starting a claim with no guarantee of success, it means that we will only recommend you proceed with an application if we believe there is a strong probability you will receive compensation. You can trust that we will work hard to secure you maximum compensation because we don’t get paid until you do.
A large number of medical negligence claims settle without having to go to court, however, if your care provider does not agree negligent care caused your injury, or you can’t agree on appropriate compensation, we will lodge your claim with the courts for their evaluation.
Where the other party has accepted responsibility but where there may be a delay in processing your request – possibly if your injury has an uncertain prognosis – we can ask for an interim payment to cover expenses like lost wages or at-home nursing care. This amount will be deducted from your final compensation payment and will help relieve any financial strain caused as the result of your injury or illness.
Applications for compensation need to be submitted to a court within three years, and since the preparation for this can take many months start now by contacting The Medical Negligence Experts and asking how we can help you sue your hospital.
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 hospital negligence claims 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 hospital 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.