Hospital Negligence

Hospital negligence – also known as clinical negligence, medical negligence or medical malpractice – occurs when the care provided by healthcare professionals falls below the accepted standard, causing harm or injury to the patient. It can manifest in various forms, and not every adverse medical outcome is considered negligence.

Healthcare professionals owe a duty of care to their patients. Negligence is considered when it can be proven that the care provided fell below the standard that a competent professional in the same field would have provided.

It must also be evident that the breach of duty directly caused harm or contributed to the injury or condition worsening. This is often referred to as causation.

Identifying hospital negligence requires a thorough understanding of medical standards and practices, often necessitating the involvement of medical experts to determine whether negligence occurred.

Our specialist team has helped hundreds of individuals who have suffered due to insufficient care from medical professionals.

Common causes for claims have included:

• Delays in treatment
• Infections
• Misdiagnosed conditions
• Mistakes during surgery
• Neglect by members of staff
• Wrongful administration of medication

At Ramsdens, we are dedicated to making the claims process as stress-free as possible, and we are on hand to explain every stage as your case progresses.

Misdiagnosis

In some cases of hospital negligence, mistakes can be made regarding the diagnosis of a health problem. Sometimes, medical professionals can diagnose the wrong condition, or take too long to make a diagnosis.

Mistakes include:

• Failure to take a patient’s medical history into account
• Failure to examine a patient properly
• Failure to note all of a patient’s symptoms
• Failure to carry out the proper investigations – such as X-rays or blood tests
• Failure to interpret investigations properly
• Administrative errors

Treatment errors

In other cases, doctors can make mistakes when treating a condition.

Cases of this type can include:

• Failure to give the correct treatment
• Failure to notice when a patient’s symptoms have worsened
• Failure to operate when necessary
• Surgical errors
• Failure to provide adequate care following an operation
• Instances of neglect

Infections

Strict hygiene controls must be followed wherever care is provided to stop infections spreading.

Hospital-acquired infections can be caused by:

• Infections not being treated properly after they are detected
• Delays in treating and recognising your infection
• Failures of care, such as inappropriate use of antibiotics, poor wound care or lack of monitoring

You may be eligible to make a hospital negligence claim if you have suffered harm or your condition has worsened due to substandard care received in a hospital setting.

You must be able to demonstrate that the care you received fell below the acceptable standard and that this directly caused you harm or injury. There must also be clear evidence that you suffered harm, injury, or your condition worsened as a direct result of the negligence. If you meet these requirements, it is likely that you suffered medical negligence and can make a compensation claim.

Seek professional legal advice to assess your situation and determine your eligibility. Ramsdens offers a no-obligation initial consultation to help you understand your legal rights and options when considering a hospital negligence claim.

If you suspect that you have been subject to medical negligence, we recommend that you take certain steps to protect your health and legal rights:

1. Seek medical attention: prioritise your health and wellbeing. If necessary, seek further medical treatment or a second opinion to address any immediate health concerns or ongoing issues resulting from the suspected negligence
2. Document everything: keep detailed records of your medical treatments, including dates, names of healthcare professionals involved, and the nature of the treatment or advice you received. Note any changes in your health condition and symptoms that you believe are linked to the negligence
3. Gather evidence: collect any relevant documents, such as medical records, prescriptions, correspondence with healthcare providers, and receipts for any expenses incurred due to the suspected negligence
4. Keep a diary: start a diary to document your daily experiences, challenges, and any pain or suffering caused by the alleged negligence. This can be helpful in demonstrating the impact on your quality of life
5. Seek legal advice: contact specialist medical negligence solicitors like those at Ramsdens to discuss your situation. We can provide expert advice on whether you have a potential claim, guide you through the process, and help gather further evidence if necessary.
6. Do not communicate directly with those responsible: avoid discussing your intentions or the specifics of your case with the healthcare professionals or institutions involved. Let your solicitor handle all communications to protect your claim

Taking these steps can help ensure that your health needs are addressed and that you have a strong foundation for any potential medical negligence claim.

You can make a formal complaint against a hospital if you are dissatisfied with the level of care you received. Both the NHS and private healthcare providers have formal procedures in place for handling complaints. Initially, it is advisable to address your complaint directly with the hospital through their Patient Advice and Liaison Service (PALS) if it is an NHS institution, or the hospital’s own complaints procedure if it is a private provider.

To make a formal complaint, we recommend that you follow these steps:

1. Document your experience: write a detailed account of your experience, including dates, times, and the names of any staff involved
2. Contact the hospital: submit your written complaint either via email or post. Ensure it is addressed to the relevant department or the complaints manager
3. Seek support: if you need help writing your complaint or want support, PALS or a medical negligence solicitor can guide you through the process
4. Hospital response: the hospital should acknowledge your complaint and provide a timeline for their response, typically within a few weeks

If you are not satisfied with the hospital’s response, you can escalate your complaint to the Parliamentary and Health Service Ombudsman (for NHS hospitals) or to clinical negligence solicitors, such as those at Ramsdens.

Making a formal complaint is separate from making a hospital negligence claim for compensation. However, the response to your complaint can provide valuable information for your claim.

To make a successful hospital negligence claim, you need to provide evidence that the care received was substandard and that this directly caused you harm or worsened your condition. Key pieces of evidence include:

• Medical records: these are vital for any medical negligence claim as they detail your health condition before, during and after the treatment. They can demonstrate how the actions (or lack of) by the hospital staff were negligent
• Witness statements: statements from family, friends, or anyone who was present at the time and can corroborate your experience
• Expert testimonies: an independent medical professional will provide an expert opinion on whether the standard of care met the necessary guidelines and how the negligence impacted your health
• Photographic evidence: visual evidence can be difficult to dispute
• Diary or journal entries: personal notes or a diary where you have documented your experience and recovery can help to tie your evidence together by creating a timeline
• Financial records: evidence of any financial losses you have incurred as a result of the negligence, including loss of earnings, travel expenses to and from medical appointments, and costs of care or treatment you have required as a result of your injuries are necessary if you aim to reclaim these costs

Ramsdens can guide you throughout the process, ensuring all the necessary documentation to build a strong case for your hospital negligence claim.

Making a hospital negligence claim involves several steps. Your solicitor can guide you through each stage to ensure your case is handled efficiently and empathetically:

1. Initial consultation: contact Ramsdens to discuss your case. This initial consultation is free and without obligation. It is an opportunity to understand your situation and advise on the viability of your claim
2. Gathering evidence: collect all necessary evidence, including medical records, witness statements, and any other documentation that supports your claim of negligence and its impact on your life
3. Submitting your claim: your solicitor will notify the hospital or the NHS trust of your intention to claim. This is typically done through a ‘Letter of Claim’, which outlines your case and the evidence
4. Negotiation: the defendant will investigate and respond to your claim. If they accept responsibility, your solicitor will enter into negotiations to agree on a fair compensation amount
5. Litigation: in the rare case that the hospital or trust denies responsibility or an agreement cannot be reached, your case may go to Court. Ramsdens will represent you throughout, though many cases are settled before reaching this stage.
6. Settlement and compensation: once an agreement is reached, or if a Court rules in your favour, you will receive your compensation, structured to meet your ongoing needs and cover all your losses

It is important to note that while medical negligence claims may usually follow this process, every claim is different due to the unique circumstances every patient can find themselves in.

The duration of a hospital negligence claim can vary significantly based on the complexities of the case, the severity of the injuries, and the willingness of the parties involved to reach a settlement.

In general, straightforward cases may be resolved in a year or two, while more complex cases, especially those that go to trial, can take several years. Ramsdens strives to handle your claim efficiently, aiming for the swiftest possible resolution while ensuring that the compensation you receive is fair and fully addresses the impact of the negligence you suffered.

There are time limits within which you must start legal proceedings for a hospital negligence claim. You generally have three years from the date of the incident, or from the date when you first became aware that you suffered harm due to possible negligence, to make a claim. This is known as the date of knowledge.

However, there are some exceptions to this rule:

• Children: if the person who suffered negligence is under 18, the three-year limitation period starts from their 18th birthday, giving them until their 21st birthday to make a claim. Before this, a claim can be made on their behalf at any time
• Mental capacity: if the person lacks the mental capacity to manage their own affairs, there may be no time limit, unless they regain capacity, at which point the three-year period begins

Seek legal advice as soon as you suspect medical negligence to ensure that you meet the deadlines and preserve your right to compensation.

A hospital negligence compensation claim is designed to provide for the physical, emotional and financial impacts of the negligent care you received. The compensation aims to restore your life to the position it would have been in had the negligence not occurred.

It typically includes:

• General damages: compensation for the pain and suffering you have endured as a result of the negligence. This also encompasses the impact on your quality of life, including loss of enjoyment of hobbies, difficulties in day-to-day activities, and any other ways your life has been adversely affected. The value of this will depend on the type and severity of your injuries due to the negligence
• Special damages: these cover the financial aspects of your medical negligence case. These can include medical expenses, lost earnings, travel expenses, costs due to needing to adapt your home or vehicle, and any future predicted costs that may arise

Each case is unique, and the compensation awarded will reflect the specific circumstances and the extent of your suffering and financial loss.