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How to Make a Hospital Negligence Claim

Going into hospital for medical treatment is a highly stressful and worrying experience for anyone, even if everything goes well. To begin with, of course, you’re ill, and on top of this there’s the fact that the treatment and any side effects may well be as unpleasant as the symptoms of the illness itself.

Fortunately, in the vast majority of cases, the staff at both NHS and private premises offer the highest possible levels of treatment, behaving in a caring, competent and conscientious manner. Unfortunately, however, things can sometimes go wrong. Doctors, nurses, dentists and so on are all only human and when you add this fallibility to the fact that the systems employed can be flawed it’s a sad truth that mistakes will happen.

NHS complaints procedure

The NHS has a complaints procedure in place for patients who feel they have been poorly treated in hospital. In fact, in most cases it is recommended to go through this procedure before you make a compensation claim. Under the NHS consitution, your rights when making a complaint are:

  • To have it thoroughly and efficiently investigated.
  • Be informed of the conclusion of any investigation.
  • If you are not satisfied with the way your complaint is handled, you can take it to the Parliamentary and Health Service Ombudsman.
  • Request a judicial review if you feel you have been affected by an unlawful act by an NHS body.
  • Demand compensation if you have been injured.
SOURCE: NHS
DID YOU KNOW: In 2018/19, the NHS received 116,247 written complaints about hospitals and community health services in England, a slight increase of 2% on the previous year.

Different types of hospital neglect

If you’ve been mistreated or neglected by a hospital then it may go on to have a drastic effect upon the quality of your life. In technical terms, ‘neglect’ consists of the treatment you receive falling below the standard you might reasonably expect – in human terms it means you’ve been let down by the very people you’re depending on the most.

Medical neglect can take many forms, but amongst the most common cases are the following:

  • An incorrect diagnosis of an illness
  • Complete failure to spot the presence of an illness
  • A mistake during a surgical procedure
  • A patient not being warned of the risks or side effects of a course of treatment
  • Birth injuries affecting either the mother or baby
  • Wrongly prescribed medication

Medical negligence doesn’t have to take place within the confines of a hospital. It could occur within a dental clinic, a pharmacy, a small clinic or a GP’s surgery. Anywhere, in short, where the treatment has come up short. This means if you treatment was negligent, you could sue the hospital for your injuries.

How to claim for hospital neglect

If you feel you’ve been the victim of medical neglect then it’s only fair that you should be able to make a claim for compensation both as recognition of your suffering and as a means of helping you to get back on your feet, physically, psychologically and financially. Taking on people who are experts in their fields will seem daunting, as will facing up to a monolithic structure such as the NHS. Most injury solicitors provide a no win no fee service, which means there are no costly upfront fees in order to sue the hospital.

While it’s true that medical negligence claims are amongst the most complex and lengthy there are, it’s also true that a personal injury solicitor will work by your side every step of the way to ensure that you get the right amount of compensation. The compensation in question will be calculated by taking into account the type and severity of your injury, the time it will take you to recover, the effect upon your ability to work or enjoy a good quality of life, any necessity for long term help and any expenses arising directly from the neglect.

If you think you’ve been let down in this way then call a trained legal adviser on 0800 234 6438. They’ll listen to your situation, which is why it’s vital that you bring them as much information as possible, since they’ll use these facts to decide whether there’s a case to answer. If the legal adviser thinks there is then they’ll pass you on to an expert solicitor, who will fight as long as it takes to win you the compensation which you can use to start putting your life back together.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.