If a hospital negligence injury has set you back, we'll help you move forward

Malnutrition in hospital settings can reflect substandard care, leading to compensation claims for the exacerbation of health issues and recovery delays caused by inadequate nutritional support.

If your life, or the life of a loved one, has been affected by hospital malnutrition, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

What is malnutrition?

Malnutrition is a condition that results from eating a diet which does not supply a healthy amount of one or more necessary nutrients, leading to health problems or illness.

The NHS defines malnutrition as ‘poor nutrition'. The NHS also refers to ‘under nutrition' - when a person does not get enough nutrients, and ‘over nutrition' - when a person gets more nutrients than they need.

With over 13,000 clinical negligence claims a year, you're not alone

There are approximately 3 million people in the UK who are malnourished, or at risk of malnutrition. (British Medical Journal (BMJ)).

Annually, thousands of hospital patients are admitted and discharged with undiagnosed or untreated malnutrition. Hospitals have a duty of care to ensure their patients receive adequate nutrition and hydration. Unfortunately, this responsibility is not always met, often affecting the most vulnerable, like children and the elderly.

Patients who are already suffering from poor health become even more vulnerable when they suffer from malnutrition while at hospital.

Such failings are a breach in the healthcare system's duty of care, and cases of malnutrition can lead to clinical negligence compensation claims.

    13,511 new clinical negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

    If you decide to make a malnutrition claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

    If you are looking for information on malnutrition symptoms and treatment, see: malnutrition (nhs.uk).

    Why is malnutrition in hospitals so common?

    Research suggests that hospital staff are often overworked and there are sometimes not enough nurses and auxiliaries to care for all patients. In addition, nurses are often burdened with administrative tasks and are not able to ensure that everyone in their care has enough to eat and drink.

    Older people are sometimes provided with meals that they cannot physically reach, and the food is taken away uneaten. Others do not get enough time to finish their meals before they are removed.

    Do I have a hospital malnutrition claim?

    You can claim medical negligence compensation if a medical professional's substandard treatment caused you harm.

    Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

    How long do I have to start a hospital malnutrition claim?

    For a hospital malnutrition claim, you usually have 3 years to make a claim from the date you became aware of the negligent treatment (date of knowledge).

    If you are under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start a clinical negligence claim.

    What if your injury was diagnosed months or years after treatment?

    You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

    The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

    It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

    How much compensation can I claim for a hospital malnutrition?

    The amount of money you could claim for your injury will depend on:

    • the seriousness of your injury, and
    • any financial losses or costs you have incurred.

    At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

    Hospital malnutrition compensation calculator

    Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

    Updated June 2024 Compensation Calculator v3.04

    General damages

    General damages are awarded for pain, suffering and loss of amenity (PSLA).

    Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

    How is compensation calculated if I have multiple injuries?

    Special damages

    Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying compensation for lost earnings, special damages can cover any care costs and medical procedures you need, such as nutritional support, intravenous treatments and psychological support.

    Read more:

    A complete list of recoverable losses in a personal injury claim

    Typical hospital malnutrition claims?

    Solicitors have assisted with clinical negligence claims for the effects of malnutrition, including:

    • Significant weight loss, which can impede recovery from illness, and result in the patient acquiring other conditions or infections
    • Fatigue and general lack of energy, which can prevent the patient from engaging with treatment for the original condition
    • Weak muscles, which can restrict a patient's mobility
    • Poor or low mood, which can have many mental and physical implications, and can generally impede recovery

    Clinical negligence claims

    Hospital malnutrition-related injuries are usually categorised as clinical negligence. Click on the icon below for more information.

    No win, no fee hospital malnutrition compensation claims

    With no win, no fee, you can claim hospital malnutrition compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

    Find out more about how no win, no fee claims work

    Get expert advice now

    Interested in talking to a medical negligence specialist about your claim?

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    Call 0800 376 1001

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    Citations

    Gaynor Haliday, Legal researcher

    Author:
    Gaynor Haliday, Legal researcher