Hospital Malnutrition &
Dehydration Claims

What to consider when making a malnutrition or dehydration caused by neglect claim

• You have up to 3 years from the date of your injury to start a claim.
• Your compensation amount will be influenced by the extent of your injury and your financial losses and expenses. Discover how much you could claim with our compensation calculator.
• Your claim can proceed on a no win, no fee basis.
• Healthcare professionals are legally required to safeguard patients from harm.
• You can pursue a claim if a medical professional's negligence caused (or worsened) your illness or injury.

If hospital negligence 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.

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 malnutrition?

Your claim for malnutrition will be based on:

• the severity of your illness,
• the effect of your illness on your everyday routine and your job,
• any financial burdens or costs arising from your illness.

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.

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

How is compensation calculated if I have multiple injuries?

Do I have a hospital malnutrition claim?

Yes, you can make a claim for malnutrition or dehydration caused by neglect, if:

• you were injured within the last 3 years, and;
• another person was to blame, and;
• that person owed a duty of care to prevent foreseeable hazards.

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.

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

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.