Hospital Negligence Claims
Few of us welcome a stay in hospital. But whilst we are there, we put our trust in the doctors, nurses and management system to ensure we are kept safe from harm.
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In most cases, a hospital stay goes smoothly, and we come out healthier than when we entered.
However, negligent acts or omissions by hospital staff can occur, especially as the NHS faces increasing budget restraints. If you have suffered a personal injury due to medical negligence which occurred in a hospital, you may be able to claim for compensation.
In 2016, the NHS paid out £1.7 billion in compensation for clinical negligence claims.
To successfully claim for hospital negligence, you need robust legal representation and advice. At Tilly Bailey & Irvine, we have been accredited by the Action Against Medical Accidents (AvMA). Our specialist team of medical negligence lawyers have dealt with thousands of cases of injuries sustained as a result of poor care in NHS hospitals or private clinics.
We are not a faceless claims management company; we are real lawyers with a strong track record of successfully winning clients significant compensation awards. Our hospital negligence team is led by John Hall. As well as having years of experience running medical negligence claims, John is a panel member of AvMA and a Senior Litigator with the Association of Personal Injury Lawyers.
John and his team understand that injuries received in hospital can be exceptionally traumatic, painful, and cause stress for you and your family. As experts in this field, we can provide sympathetic and professional advice, keeping you fully informed at every stage of the process.
What is hospital negligence?
Hospital negligence refers to cases of medical/clinical negligence (the terms are used interchangeably in the UK) that occur in an NHS hospital or private clinic. Examples of hospital negligence are numerous and can include:
- failing to diagnose or misdiagnosing your condition
- being given incorrect treatment for your condition
- failure by health professionals to fully explain your condition, your choices of treatment and any negative consequences of that treatment
- acquiring up an infection
- injuries to mother and /or baby in childbirth
- surgical mistakes
- being given the wrong medication
- failure to provide adequate after-care following your stay in hospital
- failure to prevent pressure sores
Other examples of hospital negligence involve what is known as ‘never events’. According to the NHS, ‘never events’ are “serious incidents that are entirely preventable as guidance, or safety recommendations providing strong systemic protective barriers, are available at a national level, and should have been implemented by all healthcare providers.”
Examples of ‘never events’ include:
- wrong site surgery;
- retained instrument post-operation;
- wrong route administration of chemotherapy;
- misplaced naso or orogastric tube not detected prior to use;
- inpatient suicide using non-collapsible rails;
- escape from within the secure perimeter of medium or high-security mental health services by patients who are transferred, prisoners;
- in-hospital maternal death from post-partum haemorrhage after elective caesarian section;
- Intravenous administration of mis-selected concentrated potassium chloride.
Hospital negligence can result in catastrophic injuries. Our expert team of clinical negligence solicitors will manage your claim in a sensitive, caring manner. We are dedicated to obtaining the best results for our clients and are committed to acting in a professional manner, always taking our clients best interests into account with every action we take,
Who is responsible for medical negligence in a hospital?
If your injury was caused by a staff member at an NHS Hospital or private hospital, the NHS Trust or private organisation will have insurance to cover hospital negligence claims.
If you decide to claim for compensation following hospital negligence, we will contact the NHS Trust or private organisation on your behalf and manage the claim from start to finish. Many people worry they will have to go to court; however, most medical negligence claims settle prior to the hearing date.
How do you prove clinical negligence?
Proving clinical negligence can be difficult, which is why it is crucial to instruct an experienced personal injury solicitor to manage your compensation claim. Your lawyer will need to prove, on the balance of probabilities, that:
- The hospital owed you a duty of care (this is almost always the case),
- It breached its duty in some way; and
- The breach resulted in you suffering a personal injury.
The first step we take is to examine your medical records. We will then arrange for a medical expert to provide evidence on how your injury was caused and whether it was a result of a breach of duty.
Due to the complexity involved, hospital negligence cases can take some time to resolve. However, you can be confident that we will keep you informed regarding the progress of your case every step of the way.
How to make a medical negligence claim
To make a claim for medical negligence contact us as soon as possible. Generally, you only have three years from the date you receive your personal injury to make a claim for compensation, so it is important not to delay.
We offer no win, no fee arrangements for medical negligence claims. This means that if your compensation claim for hospital negligence does not succeed, you will not be charged for any legal fees (however, you may be charged for disbursements). To offer you further protection, we can organise After The Event (ATE) insurance to indemnify you in respect of the disbursements. No premium is payable if your claim is unsuccessful.
John and his team are committed to open and honest communication with all their clients. They will fully explain the procedure for making a hospital negligence claim and the risks involved before you commit to claiming compensation. We can promise that you will feel fully supported and informed throughout the entire life of your case.
To find out more about how we can advise you on an hospital negligence claim, please call us on 0333 3232718 to talk to one of our solicitors.