Hospital Negligence

Hospital Negligence Claims Solicitors

If you or a loved one has suffered harm due to negligent hospital treatment, our team of specialist medical negligence solicitors can help you make a compensation claim. We are happy to offer most of our clients no win, no fee representation so you can get the support you need, regardless of your financial situation.

At IBB Claims, our expert hospital negligence claims solicitors regularly achieve substantial compensation on behalf of clinical negligence victims. We can help you get the support you need and deserve. Our service involves handling the entire claims process on your behalf, making it as straightforward and stress-free as possible to help you get your life back on track .

To launch a hospital negligence compensation claim now, call 0333 123 9099 or fill in our online enquiry form to request a call back.

How our hospital negligence lawyers can help you

Suing a hospital for negligence may feel like a daunting process, but with the right advice, claiming compensation can be relatively straightforward.

We can help with a wide range of hospital negligence claims, including claims for misdiagnosis, delayed treatment, surgical errors, neglect and failure to obtain informed consent.

We will provide clear, understandable advice on how to prove hospital negligence as well as providing our professional support and representation throughout the entire process. With our help, there is little chance you will need to attend court – we have a strong success rate of securing impressive compensation settlements just using negotiation and alternative dispute resolution. That being said, we are also more than capable of fighting your corner in court and will do everything we can to get an apology and a decent pay-out that covers all your needs for the rest of your life.

Suffering from negligence in hospital can be incredibly traumatic and we realise that the injuries you suffer might be psychological as well as (or instead of) physical. We regularly support people who are experiencing conditions such as post traumatic stress disorder, depression and anxiety from having received negligent hospital treatment. These conditions are given just as much weight by the courts as physical injuries and we will take all possible steps to ensure every aspect of your health is taken into account when the claim is being valued.

Start your hospital negligence compensation claim today

Our solicitors’ hospital negligence expertise means you will have the best possible chance of obtaining the compensation you need to get on with your life.

To launch a hospital negligence compensation claim now, call 0333 123 9099 or fill in our online enquiry form to request a call back.

 

What to do if you believe you or a family member has been the victim of hospital negligence

If you think that you or a member of your family has experienced medical negligence when being treated in a hospital, it is recommended to seek expert legal advice at the earliest opportunity. This will allow you to establish whether you are likely to have a valid claim and what action you need to take to give yourself the best chance of a successful claim.

By starting the claim process as soon as possible, you can make it easier to gather the necessary evidence for a strong case as your hospital negligence lawyer will be able to advise you on exactly what proof you need to sue a hospital for negligence. There is also usually a time limit for bringing medical negligence claims, so it can be risky to put off making a claim.

What counts as hospital negligence?

There are various failures of medical care that can occur in a hospital, many of which may be classed as hospital negligence, depending on the circumstances.

Typical issues that may qualify as hospital negligence in the UK include:

  • Failure to examine a patient correctly
  • Failure to correctly consider a patient’s medical history
  • Failure to carry out appropriate diagnostic tests e.g. X-rays or blood tests
  • Failure to correctly interpret test results
  • Misdiagnosis or late diagnosis of a condition
  • Failure to provide the correct treatment
  • Failure to record or respond to a patient’s condition worsening
  • Surgical errors
  • Providing inadequate or inappropriate surgical aftercare
  • Neglecting a patient while they were in hospital care
  • Administrative errors that impact a patient’s care e.g. losing test results

Who can sue for hospital negligence?

In general, you can sue a hospital for negligence in the UK if:

  • You have suffered an injury due to substandard care in a hospital
  • A loved one has died due to negligent hospital treatment and you are their next of kin
  • A loved one has suffered an injury due to hospital negligence, they are unable to take action themselves because they lack mental capacity (for example,  because they have severe learning difficulties), and you are their next of kin

There are some other situations in which you may be able to bring a compensation claim against a negligent hospital. For example, if you are an Attorney under a Lasting Power of Attorney for someone injured by hospital negligence.

If you are not sure whether you can bring a claim, it is always worth consulting an experienced hospital negligence lawyer at the earliest opportunity to check. We can provide a free initial consultation to the majority of our new clients to assess your situation and prospects for bringing a claim.

What can you claim hospital negligence compensation for?

You can generally claim for the injuries you have suffered as a result of your negligent hospital care, as well as for any other losses or costs associated with your injuries.

Things you can claim for include:

  • Payment for any additional treatment required to deal with your injuries
  • The cost of any extra non-medical care, equipment or adaptations you require to cope with the effects of your injuries
  • Compensation for pain and suffering
  • Compensation for psychological damage
  • Money to replace any lost earnings as a result of your injuries
  • Compensation for certain activities and hobbies you cannot carry out as a result of your injuries

How hospital negligence compensation claims work

There are various stages to making a hospital negligence compensation claim and it is essential to manage each of these stages correctly in order to achieve a positive outcome for your case.

Suing a hospital for negligence is a complex process. Although it is possible to make a claim by yourself, most people choose to instruct a specialist medical negligence solicitor as they will have the expertise to ensure you put together the strongest possible case and give you the best chance of getting a fair resolution.

Typically, a hospital negligence case will involve:

  • Contacting the relevant hospital or NHS Trust to inform them of your intention to make a claim
  • Filing a claim with the relevant court
  • Obtaining the client’s medical records
  • An independent medical assessment of the patient
  • Mediation or negotiation with representatives of the hospital or NHS Trust to see if a settlement can be reached without going to court
  • Attending a court hearing if an out-of-court settlement cannot be agreed

The overwhelming majority of hospital negligence cases are settled outside of court, which usually means that they can be resolved faster, with less expense and less stress for the client.

How long do you have to claim for hospital negligence?

The law sets out strict time limits for suing a hospital in the UK. In general, you have 3 years from the time you sustained an injury due to hospital negligence to make a claim, or 3 years from when you first realised you had sustained the injury.

For children who have suffered an injury, the 3-year time limit does not start until their 18th birthday, meaning they will usually have until they turn 21 to bring a claim.

If the patient is unable to manage their own affairs e.g. they lack mental capacity, are in a coma etc, then the 3-year time limit does not take effect until they regain capacity. However, in these cases their next of kin or another eligible person can start a hospital negligence claim on their behalf.

How long do hospital negligence claims take?

There is no definite time frame for a successful hospital negligence claim as exactly how long it will take to reach a conclusion depends entirely on the unique circumstances of the case. If the NHS Trust in question admits responsibility, it can allow the case to progress faster, but if they deny liability this is likely to mean it takes longer to reach a resolution.

It is not unusual for a case to take up to 2 years to resolve, although it can take less time or longer and this is not always easy to assess at the outset.

How to prove hospital negligence

If you or a loved one have suffered an injury during medical treatment, this does not automatically mean that the care given was negligent. In order to claim compensation for hospital negligence, it will be necessary to prove that:

  • The level of care you/your relative received was below medically acceptable standards
  • Your injury was a direct result of failings in the care you received

For example, if you were suffering from an illness that was misdiagnosed, or not diagnosed quickly enough, you would need to be able to demonstrate that the doctor who made the diagnosis should reasonably have been able to make the right diagnosis if they had taken appropriate action AND that making the right diagnosis sooner would have prevented your injury.

Proving negligence in hospital is likely to involve gathering various types of evidence, including medical records, independent medical examination and witness testimony.

Is it wrong to sue the NHS?

Some people feel guilty about the idea of suing the NHS, but the reality is that if you have been harmed by substandard care, you should not be expected to bear the financial cost of dealing with this. In many cases, people who suffer medical negligence in hospital treatment need to take extra time off work while they recover and may be left with lasting issues that require them to spend money to deal with, such as hiring carers or making adaptations to their home.

It is also worth bearing in mind that if there were failings at a hospital that lead to you receiving substandard care, this might not be an isolated incident. A patient suing a hospital for medical negligence can be the thing that triggers an NHS Trust to investigate problems in a particular hospital or department’s procedures, leading to improvements in the service offered and preventing other people from experiencing the same kind of clinical negligence in future.

Why our hospital negligence claims solicitors are the right choice for you

Our team are all experts in various aspects of personal injury law, including hospital negligence. We have decades of experience between us and are proud of our history of helping a wide variety of people to make successful hospital negligence compensation claims that have made a real difference to their lives.

 

We approach every client’s case with the individual respect and consideration they require. We will take the time to get to know you, your unique situation, your needs and your expectations so we can provide tailored advice that helps you get the best possible result. We will make sure to explain your options to you in plain English, so you can stay in control of the claims process and have complete confidence about the decisions you make.

 

We will give you a free initial consultation to assess the strength of your hospital negligence claim. We will then give you a realistic idea of how likely you are to achieve success and what level of compensation you may be able to secure.

 

Our hospital negligence solicitors are able to take on many of our clients on a no win, no fee basis and will advise you at the outset as to whether this will be appropriate for your case. We will also explain our fee structure clearly and transparently, so you know how much pursuing a claim will cost. Ultimately, we aim to keep our fees as competitive as possible, so you will get the maximum possible benefit from any settlement you receive.

 

Every solicitor in our team is a member of the Association of Personal Injury Lawyers (APIL), while IBB Claims partner Malcolm Underhill is a Fellow of the Association of Personal Injury Lawyers and is  on the Law Society Personal Injury Panel. These achievements reflect our strong expertise across all areas of personal injury law and our commitment to maintaining the highest possible standards for our clients.

 

Get in touch with our specialist hospital negligence claims solicitors

To start a hospital negligence compensation claim or to find out more about how hospital negligence claims work, please contact us today by calling 0333 123 9099, emailing enquiries@ibbclaims.co.uk or filling in our online enquiry form to request a call back.

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