Could You Claim For Medical Negligence In A Private Hospital?
This guide will discuss when you could be eligible to make a claim for medical negligence in a private hospital. We discuss the eligibility criteria you need to meet, the evidence you can supply to strengthen your case, and how No Win No Fee medical negligence solicitors could assist you.
Medical professionals, including those working in both private and NHS settings, owe a duty of care to their patients. This means they must provide care that meets the correct standard. A failure to do so leading to avoidable harm can be known as medical negligence. Later in our guide, we provide examples of medical errors that could occur in private hospitals and the effects this could have.
If you’re eligible, you could be entitled to seek compensation that addresses the physical and psychological impacts of the negligent treatment you received. We explore how settlements are awarded in successful hospital negligence claims further on in our guide.
If you have any questions about medical negligence compensation claims, get in touch with us at any time. We can offer free advice and guidance about your potential to seek compensation for negligent treatment in a private hospital.
To get in touch, you can use the details below:
- Call us on 020 3870 4868
- Talk to us about your claim online
- Use the pop-up chat window in the corner
Select A Section
- Eligibility Criteria For Claims For Medical Negligence In A Private Hospital
- What Is Medical Negligence In A Private Hospital?
- Is Claiming For Medical Negligence In A Private Hospital Different To NHS Negligence Claims?
- How Much Can You Claim For Negligence In Private Hospitals?
- What Should You Do If Affected By Private Hospital Negligence?
- Make A No Win No Fee Medical Negligence Private Hospital Claim
- Learn More About Making A Medical Negligence Claim
As mentioned, healthcare providers including private hospitals and NHS trusts, and medical professionals owe patients a duty of care. They must provide care that meets the correct standard. Failure to do so leading to avoidable harm could constitute medical negligence.
In order to begin a medical negligence claim against a private hospital, you need to prove the following:
- You were owed a duty of care.
- This duty was breached.
- You experienced avoidable harm as a result of the breach.
Time Limits For Private Hospital Negligence Claims
In addition to meeting the criteria above, you need to ensure you start your medical negligence claim within the relevant time limit. As per the Limitation Act 1980, you have 3 years starting from either the date of the medical negligence, or the date you gained knowledge of medical negligence happening. The latter is known as the date of knowledge.
However, exceptions to the time limit can apply for children, and for those who lack the mental capacity to make their own claim. To find out more about the eligibility criteria for medical negligence compensation claims and how long you have to start legal proceedings, please contact us on the number above.
There are several ways negligent medical treatment in a private hospital could occur. The following sections explore some examples, such as birth injuries, medication errors, and a surgical error. If you have any questions about private hospital compensation claims whilst reading, please get in touch using the number above.
A diagnosis error could include a misdiagnosis, a failure to diagnose due to missing the condition, or delayed diagnosis. For example, you could attend a private hospital for an MRI scan but the results are interpreted incorrectly. As a result, you are given an incorrect diagnosis which means your actual condition worsens and you require more invasive treatment.
It’s possible you could be prescribed the wrong medication or you could be given a medication that you have a known allergy to because healthcare professionals failed to check your medical history. This could cause anaphylaxis leading to brain damage.
You could receive delayed treatment after being given the wrong diagnosis. For example, if your cancer is misdiagnosed as another condition, you might receive delayed treatment for the cancer which could result in the condition worsening and cancer spreading to other organs.
An error in surgery can include you undergoing an operation intended for another patient. Alternatively, the surgeon could operate on the wrong part of your body. For example, you may be scheduled for an amputation of your left leg, but your right is amputated in error. It’s also possible you could suffer from paralysis after surgery following an operation gone wrong.
It’s important to note that not all of the examples provided will mean you could make a claim for medical negligence in a private hospital. To do so, you need to prove that medical negligence occurred. Get in touch with us today to discuss your specific case and find out whether you have valid grounds to pursue a clinical negligence claim.
Claims against private hospitals and NHS hospitals are not always possible. In both circumstances, you must show that medical negligence occurred by providing evidence that a medical professional provided substandard care and this caused you to suffer avoidable harm.
To find out more, please contact an advisor. They can give guidance on when you could be eligible to claim compensation for clinical negligence against a private hospital.
Compensation payouts for successful claims following medical negligence in a private hospital is always calculated on a case-by-case basis. Doing so ensures you receive an amount that’s appropriate to your circumstances.
Each settlement can consist of up to two heads of loss; general damages and special damages. Compensation for the pain and suffering caused by the medical negligence is awarded under general damages, the first head of loss.
Those responsible for valuing general damages can use a publication called the Judicial College Guidelines (JCG) alongside medical evidence. The JCG contains guideline valuation brackets for different types of harm. You can find a selection of these in the table below. The top figure is not from the JCG.
Please use these figures as a guideline. They are not an exact representation of the medical negligence compensation you will receive following a successful claim.
|Type of Harm
|Guideline Valuation Brackets
|Multiple serious injuries and illnesses plus special damages
|Compensation for the physical and psychological impacts of multiple serious injuries and illnesses alongside their financial losses, such as medical costs and loss of earnings.
|Up to £1,000,000+
|Full-time nursing care is required. The person has double incontinence, poor language function, and minimal to no evidence of being able to respond meaningfully to their environment.
|£282,010 to £403,990
|The person has a very serious disability and will be substantially dependent on others. They will need constant care.
|£219,070 to £282,010
|Both legs are lost.
|£240,790 to £282,010
|Loss or serious and permanent damage
|This affects both kidneys.
|£169,400 to £210,400
|Urinary function and control are completely lost and natural bowel function is lost. There are also other medical complications.
|Up to £184,200
|Loss of natural function
|There is dependence on colostomy. However, this may depend on the person’s age.
|Up to £150,110
|Loss of spleen
|The immune system is damaged and there is an ongoing risk of internal infection.
|£20,800 to £26,290
Learn About Other Damages You Could Claim
Special damages are the head of loss that compensate for the financial impact of medical negligence. For example:
- Loss of earnings.
- The cost of care at home.
- Medical costs.
- Travel costs.
- The cost of adaptions to your home.
All losses need to be supported by evidence, so hold onto proof such as payslips and receipts.
If you have any other questions about claiming compensation for negligent care in a private hospital, and how much you could potentially be awarded if you case has a successful outcome, please call us on the number above.
There are several steps you could take to seek compensation after medical negligence in a private hospital occurred, including gathering evidence. For example, you could collect the following to substantiate your case:
- Medical records, such as scan copies, test results, and hospital reports.
- The contact details of anyone who attended your appointments with you.
- A diary containing information about your physical and mental state following the negligent care you received.
- Pictures of any visible harm, such as scarring from a negligent surgical procedure, or of any life-changing injuries, such as an amputation of the wrong limb.
Additionally, you might benefit from seeking assistance from one of the medical negligence solicitors off our panel. They can use their expertise and knowledge to ensure you build a strong case and that it’s put forward within the relevant time limits.
Find out more about what you could do following clinical negligence in a hospital by calling us on the number above.
If you get in touch with us, we can assess your case for free and determine whether you have valid grounds to pursue a claim for medical negligence in a private hospital.
After carrying out the assessment, and finding that you are eligible to proceed, we could connect you with one of our expert medical negligence solicitors to represent your claim on a No Win No Fee basis. This means they can offer a Conditional Fee Agreement (CFA), the terms of which typically mean:
- No upfront fees to pay for your solicitor to begin working on your case.
- No ongoing fees to pay for their continued work.
- You won’t need to pay for the solicitor’s work if your claim fails.
If your claim has an outcome that’s successful, you will need to pay your solicitor a success fee. This is taken from your compensation in the form of a legally capped percentage called a success fee.
Get in touch today if you have any questions about whether you could claim compensation after medical negligence in a private hospital. The advice we offer will be tailored to your circumstances once you answer a few questions. Speak with us free today using any of the following methods:
- Call us on 020 3870 4868
- Talk to us about your claim online
- Use the pop-up chat window in the corner
For more of our helpful guides about medical negligence:
- We also have a guide on medical negligence claims for medication errors by nurses. Read it for more information if you have received the wrong medication or wrong dosage.
- Read about claiming for poor care in a hospital and what this involves.
- We’ve written an article on proving medical negligence in compensation claims, which you can read here.
For more external resources:
- Information on the complaints procedure, including raising a concern about your doctor, from the General Medical Council.
- Helpful statistics from NHS Resolution.
- Advice on good surgical practice from the Royal College of Surgeons in England.
Thank you for reading our guide on claiming for medical negligence against in a private hospital. If you have any other questions, please call an advisor on the number above.