Ordinarily, when you go to a hospital, the chances are you will receive a high level of care. However, sometimes errors are made, and the care you receive falls below acceptable standards. If this error was due to negligence, then you may have a claim. The hospital negligence experts at Graysons answer some of the most frequently asked questions about hospital negligence, and what you should do if you believe you have been a victim.
Is hospital negligence the same as medical negligence?
Hospital negligence is a form of medical negligence. Medical negligence, sometimes referred to as clinical negligence, covers any form of malpractice made within a healthcare setting. When you go to a hospital you expect your health to be improved by your visit, however, sometimes this is not the case, and your health may suffer if healthcare professionals have failed in their duty of care. This may include not following correct safety procedures, misdiagnosing a condition, failing to provide proper treatment or prescribe the correct medication, failing to carry out a surgical procedure to an acceptable standard, or failing to provide the right level of aftercare. Hospital negligence can cause a great deal of stress and trauma, which is why you need an expert medical lawyer at your side to help with your hospital negligence claim.
Can I sue a hospital for negligence?
Yes, you can sue an NHS Trust or private hospital for negligence in the UK. If you think you have been a victim of hospital negligence, then contact Graysons today. Our team of hospital negligence solicitors will be able to assess your claim and guide you towards a successful outcome.
What are some examples of hospital negligence?
Hospital negligence involves any negligent error made by a hospital and its staff. It can be at any stage of treatment, from your first point of contact with the hospital to your last. You can sue both an NHS Trust or private hospital for negligence. Some common examples of hospital negligence include:
- Surgical error – this can include incorrectly performed surgery, or the surgeon carrying out the wrong surgery. It can also include foreign objects, such as swabs, being left inside the patient.
- Misdiagnosis – this type of hospital negligence may arise when a hospital healthcare professional gives an incorrect diagnosis, such as diagnosing cancer symptoms as another condition. This often causes pain and suffering and may even be life-threatening.
- Infection – this can relate to bacterial infection such as MRSA which is caused by unsterilised equipment and poor hygiene standards within a hospital setting.
- Incorrect medication prescribed – this includes when a medical professional negligently prescribes a patient the wrong medication, which can cause pain and suffering and may even make your existing condition worse.
- Birth injury – this type of hospital negligence includes injury to the infant or mother at birth.
- Accident & Emergency negligence – this covers negligent errors within a hospital’s accident & emergency department. It may cover delay, lack of treatment, failure to identify an injury or condition, or incorrect medical treatment being given by a healthcare professional, causing further injury.
- Premature discharge – this may occur when a patient is discharged by a hospital when they are not well enough to be discharged, leading to lack of treatment, further injury or even death.
Is there a time limit to submit a hospital negligence claim?
Yes, you must file a hospital negligence claim within three years of the negligence taking place. However, the three-year limit is waived for children and for those with a mental disability that means they are unable to manage their affairs. It is best to take advice from an expert medical lawyer as soon as the medical negligence occurred to give yourself and your medical solicitor plenty of time to gather all the evidence required. So, if you have been a victim of hospital negligence do not delay. Contact the team of medical negligence experts at Graysons today.
How long does a hospital negligence claim typically take?
The length of time a medical negligence claim takes depends on how complex the claim is. Relatively straight forward claims may take less than a year. However, complex multi-faceted claims may take several years, especially if the Trust or hospital denies blame. The best way to gauge how long your hospital negligence claim is likely to take is to contact an expert hospital negligence solicitor, such as the team of legal experts at Graysons.
Will I have to go to court if I make a hospital negligence claim?
It is unlikely that you will have to go to court as most hospital negligence claims are settled before they reach the courts. Court proceedings may be necessary to progress your claim. However, in the unlikely scenario that your claim does go to court a medical lawyer, such as the team of experts at Graysons, will be able to represent you.
What is a typical payout for hospital negligence?
It is impossible to give an accurate figure as no two hospital negligence claims are the same. In relatively minor claims you may receive just a few thousand pounds. However, more complex hospital negligence cases may run into millions of pounds, although these cases are the exception, not the norm. It is important to remember that hospital negligence compensation is designed to cover financially losses, as if the negligence never occurred. It is not designed to be a financial windfall. The best way to get an accurate estimate as to what your hospital negligence claim payout is likely to be is to contact a medical negligence and compensation expert, such as the team of medical lawyers at Graysons.
How is hospital negligence compensation calculated?
Hospital negligence compensation is calculated based on many factors, including the severity of your injuries, any additional injury or illness, and the financial consequences. Compensation is typically broken down into two areas: general damages and financial damages. General damages cover pain and suffering and any worsening of your condition, while special damages cover any financial losses, both past and in the future.
Why should I use a medical lawyer to help me with my hospital negligence claim?
Submitting a claim for hospital negligence can be a daunting task, especially during what may already be a stressful time. An experienced negligence lawyer will be able to expertly guide you through your hospital negligence claim and gather all the necessary documents. This will include collecting evidence such as, medical records and reports, taking witness statements, and helping you to identify and document financial losses. It is important that any evidence that may strengthen your case is documented accurately to ensure the most successful outcome. Graysons’ has some of the best medical negligence solicitors who have the skill and expertise to ensure the very best outcome.
How do I claim for hospital negligence, or any other type of medical negligence claim?
The best way to make a hospital negligence claim is to seek the expert advice of a professional medical negligence solicitor, such as the team of experts at Graysons. If you think you have been a victim of hospital negligence and would like to submit a claim, then contact our solicitors today and put our services to the test.