Home / Services / Medical Negligence Claims / Types of Medical Negligence Claims / Hospital Negligence Claims

Hospital Negligence Claims Solicitors

When admitted to a hospital, you put your trust in the medical staff working there to safeguard your health and well-being.

If they make errors in your treatment, it can have a devastating effect, leaving you with lifelong injuries and limitations on your life. In such circumstances, claiming compensation can be critical to help mitigate the impact on your life and allow you to move on.

What is a hospital negligence claim?

A hospital negligence claim is a legal claim for compensation by a patient from a healthcare provider for substandard or negligent medical care.

A patient may be able to claim financial compensation for hospital negligence if they can prove the care they received in hospital caused an injury, illness or worsened an existing condition.

The level of compensation you may receive will depend on the extent of your condition and how it affects your life.

When can I claim compensation for hospital negligence?

You may be able to make a compensation claim against a hospital if you have received substandard or negligent care while in hospital, which has led to an injury or illness or has made an existing condition worse.

Healthcare providers, including hospitals, are legally bound to provide an expected "reasonable" level of patient care. If your care dropped below this level, causing you harm or illness, you may have a legal right to claim compensation.

Your right to claim compensation from a hospital is the same whether you received care from an NHS hospital or at a private hospital.

What types of medical negligence claims can I make against a hospital?

Unfortunately, there are many opportunities for medical negligence to occur during a hospital stay. We have extensive experience successfully representing clients claiming for hospital negligence in the following circumstances:

How do I make a medical negligence claim against a hospital?

The best way to discover your legal rights to make a compensation claim for hospital treatment is to speak to one of our specialist clinical negligence claims solicitors.

Recognised and accredited by the Law Society for clinical negligence, our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

Once you arrange a free, no-obligation consultation with us, we can advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

How much compensation can I claim for hospital negligence?

The specific amount of compensation you may be able to claim will depend on the unique circumstances of your claim.

In most cases, compensation amounts are generally higher the more severe your injury or illness is, and the more significant impact it has had on your life.

The level of compensation you may receive for a hospital negligence claim will depend on numerous factors, including:

  • The severity and type of injury you have suffered
  • The level of pain and suffering you have experienced and may continue to experience
  • Your medical costs to date, the cost of ongoing medical treatment, and the care you may need
  • Your loss of earnings, including future earnings
  • The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred.

How is compensation calculated for a hospital negligence claim?

Compensation amounts for negligence claims against a hospital are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the severity of your injury or illness and the pain and suffering you may have experienced.

Special damages are awarded for any additional costs you may have incurred, such as medical expenses, ongoing care you may need, and any potential future loss of earnings.

Our specialist medical negligence claims solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

What is the time limit to claim compensation for hospital negligence?

You have up to three years from when the negligence occurred to start your claim or from when you first became aware that the treatment you received in the hospital was negligent.

However, there are some exceptions to the three-year limit. These include:

  • Children have up to three years from their 18th birthday to start a claim.
  • Individuals with limited mental capacity are not subject to the three-year time limit, and the limit will only start once their condition improves to a point where they can claim for themselves.

The length of time you can legally bring a claim is known as the limitation period and is part of the Limitation Act 1980. The three-year time limit applies to the majority of medical negligence claims.

Please note that you have up to three years to start your claim, not complete it. However, we recommend you start your claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case on your behalf.

What evidence will I need to claim compensation from a hospital?

To make a claim against a hospital for medical negligence, you'll need to provide evidence to show that:

  • The healthcare you received in hospital fell below the reasonable duty of care legally required.
  • Your care resulted in injury or illness or worsened an existing medical condition.

Legally, this is known as proving a "breach of duty of care" - the level of treatment fell below the expected reasonable standards, and "causation" - the treatment caused pain and suffering.

To support your claim, we will need to build the strongest case possible.

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Such information may include, but isn't limited to:

Medical records

We will build a comprehensive file including all medical records of treatment that took place while you were in hospital, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

Your Statement

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

Don't worry if you don't have all of this information. Once instructed, our experienced solicitors can collect this information on your behalf.

We will combine this information with evidence and documentation from independent medical experts to build the most compelling case possible.

Can I make no win no fee claim against a hospital?

Yes, our medical negligence solicitors offer our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

How long does a negligence claim against a hospital take?

Medical negligence claims against a hospital typically take up 18 months or more to settle. For more straightforward claims where liability is accepted, claims may be settled earlier than this, but for more complicated claims, the time frame could be longer. Generally, the more complex your claim, the longer it may take to settle.

As each claim is unique, unfortunately, there is no simple answer. However, our specialist medical negligence solicitors can advise you on how long your claim may take once they start to understand the specifics of your claim.

Can I make a medical negligence claim against a hospital on behalf of someone else?

Yes, you can make a hospital compensation claim on behalf of someone else. Such examples where you can claim someone else include:

Claiming on behalf of a child - Children cannot legally claim themselves until they reach 18. Commonly known as a "litigation friend," a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity. - If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Why choose Wolferstans to start your claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.

Start a hospital negligence claim with us today

To arrange a free initial no obligation consultation and find out more about starting a hospital negligence compensation claim:

To arrange your consultation please contact the new client team on 01752 292204.

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download