Here for you after injury due to hospital negligence.
Our hospital negligence solicitors help people across England and Wales find out exactly what happened and whether the care they received caused avoidable harm. You do not need to know whether you have a claim before speaking to us – investigating that is part of our job.
Call for a free consultation on whether you have a claim
When something goes wrong in hospital, it is not always obvious why.
Perhaps you became much more unwell when you expected to be recovering. You may have been discharged, only to return as an emergency a day or two later. A scan result might have been missed, treatment delayed or concerns about a loved one's deterioration not acted upon.
Often, the hardest part is knowing whether what happened was simply an unavoidable complication or whether something should have been done differently. Looking more closely at the treatment, the medical records and the sequence of events can help answer that.
What you might need to know.
This page explains the key things to know about hospital negligence claims, including:
- When hospital treatment goes wrong
- Types of hospital negligence
- Finding out what happened
- What to do if you are worried about hospital care
- How a hospital negligence claim works
- Claims involving NHS and private hospitals
- Compensation for hospital negligence
- Examples of hospital negligence claims
- Time limits for hospital negligence claims
- Funding a hospital negligence claim
- Frequently asked questions (FAQs)
- Speaking to a hospital negligence solicitor
When hospital treatment goes wrong.
Most people go into hospital trusting the doctors, nurses and other medical professionals looking after them. When something unexpected happens, that trust can quickly be replaced by uncertainty.
A poor outcome does not necessarily mean that somebody was negligent. Treatment carries risks, complications can occur despite good care, and people can become more unwell even when everything has been done properly.
When negligence causes avoidable harm, the effects can reach far beyond the original injury. Victims of negligence may find themselves unable to work as they did before, needing help with everyday life or facing changes they never expected to their independence and future.
Broadly, a hospital negligence claim requires evidence that the care fell below an acceptable standard and that this caused injury, made an existing condition worse or led to an outcome that would probably otherwise have been avoided.
Lawyers call these issues breach of duty and causation. Our guide explains breach of duty and causation in medical negligence claims in more detail.
In practice, people rarely come to us able to identify exactly where the medical or nursing care went wrong. More often, they know that the outcome was unexpected, that something they were told does not quite make sense, or that concerns raised at the time were not taken seriously. That is enough to begin asking questions.
Types of hospital negligence.
Problems can arise at almost any stage of hospital treatment.
They may involve a missed or delayed diagnosis, a failure to arrange or act on investigations, a delay in treatment, or a failure to recognise that somebody’s condition is deteriorating.
Claims can also result from surgical or anaesthetic errors, medication mistakes, avoidable falls, pressure sores, poor wound care or failures involving hydration and nutrition.
Communication can be just as important. Information may not be passed between departments, test results may not be followed up, or a patient may be discharged without the right assessment, treatment or follow-up arrangements.
Some of these problems fall within more specialist areas. We have separate guidance on sepsis negligence claims, pressure sore claims and cauda equina syndrome claims.
But if what happened to you does not fit neatly into a particular category, that does not matter.
Finding out what happened.
For many people, getting an explanation is as important initially as thinking about compensation.
You might have been told that what happened was a recognised complication. The hospital may have apologised or carried out its own investigation. You may simply have received different explanations from different people.
None of those things, on its own, tells us whether the treatment was legally negligent.
We will usually need to review at the medical records and put together a clear chronology of what happened. Depending on the case, we may then ask an independent medical expert to consider whether the care was reasonable and, if it was not, whether different treatment would probably have changed the outcome.
The expert’s role is independent. They are not instructed simply to find a way of supporting a claim. Our article on medical experts in injury claims explains why choosing the right expert is crucial.
What to do if you are worried about hospital care.
If you think something went wrong, it is useful to write down what you remember while events are still reasonably fresh. Keep hospital letters, discharge documents and any other paperwork you have been given.
You may also want to make a complaint. That can sometimes provide answers or bring information to light that you did not previously have.
Our guide explains how to make a complaint about NHS or other medical care. NHS England also publishes information about complaints and feedback about NHS services.
You do not have to finish the complaints process before seeking legal advice. A complaint and a compensation claim are different things, and making a complaint does not stop the legal time limit for bringing a claim from running.
Hospitals also have a duty to be open with patients in certain circumstances when things go wrong. The Care Quality Commission explains the statutory duty of candour. An apology or acknowledgement that something went wrong may be significant, but it does not automatically establish a legal claim.
How a hospital negligence claim works.
The first stage is usually investigation.
We will talk through what happened, obtain the relevant records and consider whether independent expert evidence is needed. If the evidence supports a claim, the allegations are normally set out formally for the hospital or other healthcare provider to investigate and answer.
Clinical negligence claims follow a specific pre-action procedure designed to encourage the parties to exchange information and, where possible, resolve matters without court proceedings. The Pre-Action Protocol for the Resolution of Clinical Disputes sets out that process.
If the hospital accepts responsibility, we can then look properly at the impact the injury has had on your life and what compensation and support you may need. If responsibility is denied, we may need further medical evidence or more discussion with the other side before matters can move forward. Sometimes, court proceedings are necessary, but many claims are resolved without a trial.
Our medical negligence claims guide explains the wider process.
Claims involving NHS and private hospitals.
We act in claims arising from treatment in NHS and private hospitals.
In an NHS hospital claim, the defendant will usually be the NHS Trust responsible for the hospital, with the claim handled through NHS Resolution.
Private treatment can be more complicated because responsibility may rest with a hospital, an individual consultant or another healthcare provider. Sometimes more than one party may be involved. We can work out who is responsible as part of our investigation.
People sometimes feel uncomfortable about bringing a claim against the NHS, particularly where they are grateful for other treatment they have received. That is understandable. Our article “Can I sue the NHS?” looks at this in more detail.
Compensation for hospital negligence.
Compensation is intended, as far as money can, to put you in the position you would have been in had the negligence not happened.
Part of your claim may compensate you for the injury itself and the effect it has had on your life. It can also include financial losses caused by the injury, such as lost earnings, care, rehabilitation, treatment, equipment or adapted accommodation.
In more serious cases, the future financial consequences can be considerable. Our guide explains how future financial losses are calculated.
Where liability has been established, it may be possible to obtain an interim payment before the claim is finally resolved. That can be particularly valuable where somebody needs rehabilitation, care or other support straight immediately.
Examples of hospital negligence claims.
No two hospital negligence claims are quite the same.
We acted for a 42-year-old man following a delay in diagnosing cauda equina syndrome. It was admitted that, with earlier surgery, he would have avoided the injury he was left with, including bladder and bowel problems, impaired sexual function, reduced sensation and mobility difficulties. His claim settled for £1.2 million.
We also acted for a woman whose bladder was injured during a hysterectomy and the injury was not identified and repaired at the time. She needed further surgery and lived with pain and psychological consequences for years. Her claim eventually settled for £310,000.
In another case, a young man showed signs of a stroke while seriously ill in hospital. The case concerned whether those signs should have led to earlier investigation and treatment. His claim settled for more than £1 million, reflecting the serious and lasting effect of his injuries.
Those figures do not indicate what another claim might be worth. They do show how different hospital negligence cases can be, both medically and how they affect someone’s life.
Time limits for hospital negligence claims.
There is usually a three-year time limit for starting court proceedings.
For an adult, time will generally run from the date on which the cause of action accrued or, if later, the date on which they first had the relevant knowledge about the injury and its possible connection with the treatment they received.
The rules are different for children and for people who lack capacity to conduct the proceedings themselves. Courts also have a discretion to allow some claims to proceed after the normal time limit has expired.
The correct date is not always obvious, particularly where somebody only discovers much later that an injury may have resulted from earlier treatment. Our guide to time limits for medical negligence and personal injury claims explains the position in more detail.
As time may be short, it is sensible to take advice as soon as possible rather than wait for a hospital complaint or investigation to conclude.
Funding a hospital negligence claim.
We are often able to act under a Conditional Fee Agreement, commonly known as a no win, no fee agreement.
How the claim is funded will depend on your circumstances and the nature of the case. We will talk you through the available options at the outset, including any costs that might ultimately be deducted from your compensation, so that you know exactly where you stand before deciding whether to go ahead.
You can read more about no win no fee medical negligence claims.
Frequently Asked Questions (FAQs)
You may not know.
In fact, many people who contact us are unsure whether what happened amounts to negligence.
A poor outcome or medical mistake does not automatically mean that the hospital was negligent. What matters is whether the care fell below an acceptable standard and, if it did, whether that caused you avoidable harm.
That could mean an injury that should not have happened, an existing condition becoming worse or a recovery being delayed. We can look at the records, piece together what happened and, where necessary, obtain independent medical evidence.
It varies a great deal.
A claim may move relatively quickly if responsibility is accepted and the medical position is straightforward. Other cases take much longer, particularly where liability is disputed, several experts are needed or it is too early to know the long-term effect of the injury.
Sometimes there is also a good reason not to settle too soon. If future treatment, care or support may be needed, it is important to understand that properly before putting a final value on the claim.
Where liability has been admitted, an interim payment may sometimes be available before the case is finally resolved.
Possibly.
The question is whether it was reasonable to discharge you when the hospital did, taking account of your condition, any test results and whether further assessment, treatment or monitoring was needed.
You may have a claim if you were sent home too soon and that caused you harm. The same can apply where follow-up was not arranged properly or important information was not passed on.
Returning to hospital soon after discharge does not necessarily mean the original decision was negligent, but it may be something that needs investigating.
Yes, in some situations.
A parent or another suitable adult can act as a litigation friend for a child. A litigation friend can also act for an adult who does not have the mental capacity to conduct the claim themselves.
Claims following a death are different. A claim may be brought on behalf of the person’s estate, while certain family members or dependants may also have claims of their own.
Speaking to a hospital negligence solicitor.
If you are worried about the care that you or somebody close to you received in hospital, you do not need to have the medical records or even the name of the person you consider responsible.
Quite often, the first thing somebody says to us is simply, “I don’t know whether this is what should have happened, but this is what did happen.”
That is a perfectly reasonable place to start.
We can listen to what happened, explain whether there is something we can investigate and help you decide what to do next.
Contact us today.
If you would like to speak to our team, please contact us
- No Win No Fee funding available
- We can help find the right support for you
- Offices serving all of England & Wales
- Track record of successful claims
Our medical negligence lawyers also subscribe as a member of the charity Action Against Medical Accidents (AvMA)
“I am delighted with my relationship with RWK Goodman and the service. They are the most responsive and efficient legal firm I have come across and made the negligence case as smooth as possible.”
