Private hospital compensation claims
This guide takes you through what you need to know about making a successful private hospital compensation claim.
Every patient is entitled to expect a reasonable standard of care in the treatment provided to them by healthcare staff, whether that treatment is provided through a private organisation or the NHS. If the standard falls below what is expected, it may be a breach of duty and a claim for medical negligence may be brought.
If you were injured during treatment at a private hospital in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Any medical negligence can have a detrimental effect on a person. A procedure that was intended to be an investment towards an improved health or lifestyle may instead become a source of source of pain, poor health, physical disfigurement, or psychological trauma.
Claims may be for results of surgery or arise from care received in hospitals for various conditions. These may include cancer treatments, child birth, injuries to children, brain or spinal injury. When a patient's referral to a medical specialist or diagnosis is delayed a claim may be brought against the GP.
Even if the procedure was carried out electively , if it goes wrong the claimant may be able to pursue a claim for compensation from the practitioner who carried out the work.
I have a strong claim - why won't a solicitor take it on?
Medical negligence claims against a private practitioner are similar to those against the NHS, but some key differences may occur.
When a procedure, such as cosmetic surgery, has been sold to an individual the risks and side-effects may not have been fully explained beforehand. The patient therefore may have not given proper consent due to lack of knowledge.
In private practice a patient may enter directly into a contract with the healthcare provider. A certain outcome may be guaranteed as part of the contract. Where the outcome falls below what was guaranteed it may be possible to claim on that basis.
This can sometimes be complicated as there are often a number of different individuals involved in the patient's treatment and care. Private hospitals and clinics may be part of a larger group, and a procedure, which appeared to be through the NHS, may have been provided by a private organisation.
It is essential to identify the individual or organisation against who the claim may be brought in order to proceed.
Be aware that all surgical procedures come with some risk. Wound infections and scarring can occur without any medical negligence having taken place. Similarly, dissatisfaction with the results may be no-one's fault.
If it can be demonstrated that the medical professional was negligent in his care of the claimant and that suffering was caused as a result, then the claimant may be able to pursue a claim for medical negligence.
The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.
Quittance's nationwide network of solicitors handle all types of clinical negligence claims and have a wealth of expertise with fast track, complex and catastrophic injury claims. Selected on the basis of their success rate in winning claims, Quittance's panel solicitors have years of dedicated experience handling injury claims.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
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.
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