Claiming Compensation for Hospital Negligence.

Hospital negligence occurs when the standard of care provided in a hospital falls below what is reasonably expected, causing avoidable injury, illness or deterioration. It can include anything from a missed diagnosis or surgical mistake to poor infection control, medication errors, or a failure to monitor a patient properly.

Yes. If you were treated in an NHS hospital and your care was negligent, your claim will usually be brought against the NHS Trust responsible for that hospital. These claims are handled by NHS Resolution. While it may feel uncomfortable to bring a claim against a public institution, your right to compensation exists to help you recover and to hopefully prevent others from being harmed in future.

We frequently handle claims involving:

• Delayed or missed diagnosis (e.g. sepsis, cancer, stroke)
• Surgical errors, including retained instruments or incorrect procedures
• Hospital-acquired infections such as MRSA or C. difficile
• Inadequate post-operative care or discharge planning
• Maternity injuries to mother or baby
• Mismanaged pain, dehydration or bedsores

If your experience does not appear here, but you believe your care caused avoidable harm, please speak to us. We can advise you on whether a claim may be possible.

Yes. If a loved one has died or is unable to bring a claim themselves due to lack of capacity (for example, after a brain injury), you may be able to act on their behalf. We can guide you through this process with sensitivity and care.

No, bringing a hospital negligence claim will not affect your right to receive medical care in that hospital or any other healthcare facility. Whether the hospital is part of the NHS or privately operated, you are entitled to access treatment without prejudice or disruption because of a legal claim.

Both public and private hospitals are expected to handle legal matters professionally and separately from their clinical services. Your care should continue as normal, and your right to receive safe and respectful treatment remains unchanged.

To bring a successful hospital negligence claim, it must be shown that the care you received fell below an acceptable medical standard, and that this failing directly caused you harm. To do this, we typically gather several types of evidence, including:

• Medical records that show the treatment you received and any omissions or errors
• Expert opinions from independent clinicians to assess whether negligence occurred
• Witness statements, including your own account of what happened and how it has affected your health and daily life
• Photographs or documentation of injuries, medication packaging, or appointment details
• Financial records to demonstrate any loss of income or additional costs due to the negligence

Our team will help you gather and assess all relevant evidence, working with trusted medical experts to ensure your case is presented as strongly as possible.

Yes. If you were treated at a private hospital or clinic and received negligent care, you may still be entitled to bring a claim. In these cases, the claim is typically made against the individual healthcare provider, the private hospital, or both, depending on the circumstances.

While some people assume that only NHS treatment is subject to scrutiny, private hospitals and consultants have the same duty to provide safe, reasonable care. We are experienced in pursuing claims against private providers and will advise you on the best course of action.

In most cases, you have three years from the date of the negligent care or from the point at which you became aware that something had potentially gone wrong. This is known as the “date of knowledge”.

There are some exceptions:

• If the claim involves a child, the three-year limit begins on their 18th birthday
• If the injured person lacks mental capacity, the time limit may not apply unless or until capacity is regained
• In fatal cases, the limit is generally three years from the date of death

Because calculating these deadlines can be complicated, we recommend speaking to our medical negligence team as soon as possible to ensure your rights are protected.

Hospital negligence is determined by assessing whether the standard of care you received fell below what a reasonably competent medical professional would have provided in similar circumstances. This is known as a breach of duty.

Once a breach has been identified, it must then be shown that this caused you harm, for example, an injury, the worsening of your condition, or the loss of a better treatment outcome. This second part of the test is referred to as causation.

We work closely with independent medical experts to assess both elements and help build a compelling case on your behalf.

If a hospital is found to have provided negligent care, and your claim is successful, you will usually receive compensation for the harm you have suffered. This can include:

• Physical and emotional pain
• Medical treatment and rehabilitation costs
• Loss of earnings or future income
• Care needs, home adaptations, and equipment

In NHS cases, compensation is typically paid by NHS Resolution, not by the hospital itself or the individual staff involved. If the hospital is privately run, the insurer of the provider or clinician will usually cover the claim. Successful claims can also lead to internal investigations or improvements in patient safety procedures.

To bring a hospital negligence claim, four key legal criteria must usually be satisfied:

• Duty of care: The hospital or medical professional owed you a legal duty to provide safe and competent treatment.
• Breach of duty: That duty was breached because the care the hospital provided fell below acceptable standards.
• Causation: You suffered harm or injury as a direct result of that breach.
• Damages: The harm caused led to measurable consequences, such as pain, suffering, financial loss or the need for further treatment.

Our role is to help you establish these elements clearly and confidently, drawing on medical records, independent expert opinions, and your own experiences.