Hospital Neglect Compensation Claims

If your life, or the life of a loved one, has been affected by hospital negligence and neglect we can help.

The purpose of this guide is to help anyone who has suffered hospital negligence and neglect and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming hospital neglect compensation:

Introduction

A report by NHS Resolution showed that the NHS paid out £2.4bn in damages for clinical negligence claims in 2019. This figure highlights the reality of poor care in some departments of some hospitals.

Hospital negligence and neglect refer to errors occurring within a hospital that have resulted in patient suffering or further injury.

These forms of negligence can occur across all hospital departments, from A&E to surgery and from X-ray to other outpatient services.

According to a report by the Health and Social Care Information Centre (HSCIS), the total number of written complaints for NHS hospitals (including community and family services) exceeded 110,000 for 2019/20.

As with previous years, the service area with the highest number of complaints was 'inpatient hospital acute services' with 49,757 complaints.

Common hospital negligence claims

Some of the most common examples of hospital negligence and neglect which result in claims include:

  • Surgical errors, including after-surgery care
  • Hospital acquired illnesses and infections (such as MRSA)
  • Misdiagnosis or failure to adequately test, diagnose and treat
  • Failure to sufficiently check and monitor, leading to problems such as pressure sores, malnutrition or dehydration
  • Incorrect medication or treatment given
  • Administrative errors

The NHS regard many categories of injury-causing hospital errors as 'never events'. Not only can these errors lead to worsening of current illness or injury, they can lead to serious health complications and psychological distress.

What is the claims process for hospital negligence?

When a person suffers as a result of hospital negligence, contacting the hospital to raise a grievance is usually the first step; a specialist solicitor will confirm with you how to proceed.

The NHS has its own complaints procedure through which patients dissatisfied with their level of care can report their concerns.

Once reported, the NHS acknowledges a person's right to have a complaint properly investigated, to ask for an independent review and to receive compensation if harmed.

NHS Resolution deal with claims out of Court and pay out for claims relating to public hospitals. Private hospitals will have their own processes and insurance.

Your right to take your claim to Court is, in most cases, not affected by following the hospital's own process first. Your solicitor will be able to advise on this point further.

No win, no fee, no risk

'No win, no fee' means that if you do not win your hospital neglect claim, you will not have to pay your solicitor any money. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal contract entered into between you and a solicitor.

Our no win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of claiming compensation for your hospital neglect injury. Read more about making a No win, no fee claim

What do I pay if I win my hospital neglect claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my hospital neglect claim?

If your hospital neglect claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

What is Legal Aid available for?

In 2000, the government abolished the right to legal aid in medical negligence cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.

How do personal injury solicitors get paid?

If your hospital neglect claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Hospital neglect FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.