Hospital Negligence Compensation Claims

Hospital Negligence Claim

Going into hospital can be stressful – whether it’s a planned appointment or an emergency. Whatever the reasons for your hospital visit, you always expect to receive a certain level of care. Sometimes, however, this isn’t the case – and it can have a huge impact on your life. That’s why, if you’ve been affected by sub-standard medical care, you could make a hospital negligence claim.

In most cases, hospitals provide excellent care and the treatment we need to recover from injuries or illnesses. But things can go wrong. NHS Resolution data shows that more than 10,000 patients needed to bring new clinical negligence claims in England alone between 1 April 2018 and 31 March 2019, due to negligence that occurred in hospitals. This includes many different types of hospital negligence cases where breaches of duty have caused someone’s health and wellbeing to be negatively affected.

What is hospital negligence?

Hospital negligence is the substandard care or treatment provided by a doctor, nurse or other medical staff that causes you injury or illness – or makes an existing health condition worse.

No matter if it occurs in an NHS or private hospital, you can make a hospital negligence claim if this has been your experience. It could be the result of an incorrect diagnosis or errors during surgery – as well as delayed, poor quality or incorrect treatment.

It could be that a doctor or nurse has made an error in the course of your treatment which has resulted in you suffering an injury, or failing to recover in the way that you should have. The things can go wrong are as numerous as the parts of the body. It could range from missing a marker on a blood test that means there is a delay in diagnosing your condition or cancer, which results in a poor outcome, or amputating the incorrect leg. Either way, we are here to find out what went wrong and to help you rebuild your life.

A hospital is the one place we trust above any other to help us if we’re injured or taken ill. But, if things go wrong and your care is not up to standard, this can have a serious, long-term and even life-changing impact on you and your loved ones.

Dealing with the aftermath can be a challenge that you’re simply not prepared for. That’s when making a hospital negligence claim can help.

What can you make a hospital negligence claim for?

Our team of hospital negligence solicitors are highly skilled and have a depth of experience in supporting those who feel they haven’t received the proper level of care when in hospital and who have suffered an injury or worsening in their condition as a result. We specialise in helping people and families bring claims for a broad range of hospital negligence cases, which can include injuries and incidents such as:

• Amputation errors
• Birth injury claims
• A&E negligence
• Errors in Pregnancy
• Brain injuries
• Heart surgery errors
• Failure to treat and misdiagnosis negligence
• Surgical errors

If you feel you’ve suffered due to medical negligence, you may be able to make a hospital compensation claim. Even if you can’t see the type of case that best describes your experience listed above, it may still fall under the legal provisions of a hospital negligence claim.

There is a high bar to proving negligence, these aren’t simply mistakes, the clinician needs to have acted in a way that no responsible clinician would have acted. We can help you understand whether this is the case, so to find out for sure, Been Let Down is here to help. Please get in touch with our team of legal experts for a free, no-obligation consultation about your experience.

Do you have a hospital negligence claim?

Been Let Down can help anyone looking for legal support with their hospital negligence claim. If your experience of being in hospital has left you with unnecessary pain and suffering, we believe it’s only right that you get the compensation you deserve.

A hospital negligence claim can also cover multiple conditions that were caused by something that happened to you while in hospital. These could include:

• Paralysis from negligent surgery
• Delays that made a condition worse or even no longer treatable
• Lifelong conditions caused by birth delays e.g. cerebral palsy

Ultimately, you could make a hospital negligence claim for any pain or suffering that you believe is the result of something not going right while in hospital. If you feel you have a case or are still unsure, talk to our experts. With our extensive experience, we’ll let you know where you stand.

Hospital negligence claims: Why choose Been Let Down?

Our highly experienced team of hospital negligence solicitors will provide you with expert legal advice when you decide to start a claim. Our team will be with you at every stage of the process – keeping you updated at all times, while also providing you with the advice and support you need.

At Been Let Down, we don’t just look at the physical effect of hospital negligence. We also know there is a very real emotional impact too. It’s why we’re committed to being with you when you need us most. After all, we can’t undo the pain and suffering you’ve experienced. But we can do all we can to make it right and improve your quality of life.

We are authorised and regulated by the Solicitors Regulation Authority and in our legal team some of our solicitors have been recognised by The Law Society and The Association of Personal Injury Lawyers as being the best in their field and are recommended by them.

We supported Gill following hospital negligence.

We represented Gill and were successful in our action against the hospital trust. Here is Gill’s story.

Why should you make a hospital negligence claim?

At a time of pain, suffering and emotional distress, we understand that money isn’t going to be your number one priority. In all cases, your health and wellbeing should always come first. However, if you have lost earnings that your family rely on, then it becomes a priority very quickly.

We believe that any compensation you receive from a hospital negligence claim is just one part of the process of moving on. The aim is to give you the support you need to deal with all the physical, emotional and financial losses you’ve suffered at the hands of someone else. We can assist with rehabilitation, adaptations and everything else that will help you get back on the road to recovery. This can be a great relief to anyone dealing with the aftermath of hospital negligence, including any costs relating to lost income, treatment, rehabilitation or home modifications. Our solicitors look at everything you’ve gone through to get the compensation you need to rebuild your life.

By making a claim, you can also change the way that things are done so that no-one suffers the same experience as you. It can highlight areas for improvement or changes in working practices and help lay the foundations for safer hospital care in the future.

Are you unsure about making a claim against the NHS?

It is understandable that the idea of making a hospital negligence claim against the NHS can make you feel uncomfortable. But it is important to note that when a claim against the NHS is made, any compensation paid will not be taken from or impact upon the budget for frontline NHS services. NHS Resolution was setup to ensure that claims are investigated properly, compensation is paid fairly and is the dedicated organisation responsible for dealing with claims on behalf of the NHS. Any compensation is paid from a dedicated NHS Resolution budget.

We will also assess cases to ensure that only cases with merit are brought against the NHS.

In the case of private healthcare, claims can be made against the company who owns and runs the hospital – or an individual clinician if they have private medical indemnity insurance.

How do you start a hospital negligence claim?

If you have suffered an injury, been misdiagnosed or received the wrong treatment at any NHS or private hospital, our medical negligence solicitors can help. The first step to take is to get in touch with Been Let Down’s specialist team today for help and guidance with your claim.

Our free initial consultation will help us to assess if making a claim is in your best interests. Our legal team will listen to you to understand what happened and will advise you on the next steps.

We’ll assess your hospital negligence claim by reviewing your medical records to determine whether your claim has a strong chance of success. If so, we’ll ask an independent medical expert if they are confident the treatment you received fell below the required standard.

As the claim process continues, we’ll update you at each stage until a final decision is made.

Will I need to go to court?

Most hospital negligent claims are settled out of court. NHS Resolution reported that over 7 in 10 English cases in 2018-19 did not need to go to trial.

In most cases, the matter will settle long before a victim will ever need to attend at Court. You should always be prepared that it is possible for your claim to proceed to court, and this is very much dependant on the facts of your case. Please do not worry – part of our service is to make sure you and your case are fully prepared if we need to go to court.

How much does it cost to make a hospital negligence claim?

Cost is the main concern for most when considering pursuing a claim. However, the vast majority of clinical and medical negligence claims are funded through Conditional Fee Agreements (CFA), more popularly known as No Win, No Fee’ arrangements, which are designed to ensure that there is minimal financial risk to you. After the initial meeting, your Solicitor will determine if you have a strong claim, and if so, they discuss funding options with you.

Should we win your claim, we’ll take some of our fee from your compensation. This payment will be a pre-agreed amount/percentage of the compensation you’re awarded. We also guarantee that you will keep the maximum amount of compensation.

How long do you have to make a hospital negligence claim?

Our advice is to start a hospital negligence claim as soon as possible. But, if this isn’t possible, the time limit for claims is three years.

This applies from the moment of the error or negligence (if the effect is known straight away). Of course, there are occasions where symptoms and consequences don’t become known until later on. In these cases, the three-year limit applies from the ‘date of knowledge’.

You can claim on behalf of a child any time until their 18th birthday, when the three-year limit comes into effect. You can also make a hospital negligence claim on behalf of an adult who does not have mental capacity to make a claim themselves (further details can be found in Mental Capacity Act 2005).

Hospital negligence claims: How much compensation could you receive?

If your claim is a success, the next step will be to receive your compensation award. Hospital negligence claims are not set amounts, each one is unique to you and your needs.

Our solicitors look at your current and likely future costs incurred as a result of your injury. It helps us work out how much we think best reflects the pain, suffering and loss you experienced.

Contact us today

Get in touch with the Been Let Down team now. Our legal experts are ready to help with your hospital negligence claim – offering you the advice, support and information you need to make an informed decision.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.