Hospital malnutrition compensation claims
This easy-to-follow guide sets out everything you need to know about making a successful hospital malnutrition compensation claim.
The number of people who leave hospitals in England suffering from malnutrition has increased by 85% in the last ten years, according to figures published by the British Medical Journal. This number continues to rise.
Hospitals have a duty of care to all their patients, and must ensure that patients get enough to eat and drink. This duty is not always fulfilled. In many cases it is the most vulnerable who are being failed by healthcare professionals, including children and the elderly.
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.
What are the consequences of malnutrition in hospitals?
Patients who are already suffering from poor health become even more vulnerable when they suffer from malnutrition while at hospital.
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
Why does malnutrition in hospitals occur?
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.
I have a strong claim - why won't a solicitor take it on?
If you or a family member has suffered from malnutrition during a stay in hospital, there could be a case for medical negligence.
Quittance's panel of solicitors can ensure that you and your family receive compensation for the pain, suffering and loss of amenity experienced, and for the worsening or delayed recovery of any existing conditions.
The Judicial College has set guidelines for medical negligence. The amount awarded will depend on several different factors, including:
- The extent of malnutrition suffered by the patient - this could range from moderate to severe
- The duration of hospital malnutrition - this includes short or long stays in hospital, and whether or not the patient suffered as the result of more than one period of time spent in hospital
- The effect the malnutrition has had on the patient's quality of life
- The effect the malnutrition has had on existing conditions
Quittance's panel of solicitors can provide a Compensation Claims Report to help you with your decision. This report will detail whether or not you are likely to receive compensation, how much you might get, and how long the process is likely to take.
Typically a no win no fee arrangement ( known as a Conditional Fee Agreement) is agreed between the claimant and a personal injury lawyer.
The CFA is in essence the conditions under which the solicitor works for the client.
It sets out what the solicitors will do and how he or she will be remunerated if the claim is won.
If you decide to choose Quittance for your hospital malnutrition compensation claim there will be no extra costs in the terms and conditions , nothing to pay up-front and the peace of mind that you will never be financially out of pocket.
You may not yet be ready to talk to a solicitor. If you need more information, an online Compensation Claim Report (CCR) gives an in-depth assessment of your claim.
A CCR is a free report based on the details of your case, that reports on:
- the range of lower and upper possible compensation awards for general damages
- factors affecting the duration of the claims process
- issues that can affect the chance of success
For more detailed information regarding your claim, you can get your Report here.
Our panel of solicitors provide a no-obligation consultation to explore your options. Call us on 0800 612 7456 for more information.
Meet the team
Quittance's nationwide panel of solicitors take on all types of clinical negligence claims, including short-term, serious and life-changing injury claims. Our solicitors are selected for their level of specialist experience and their track record in winning cases.