Have you experienced negligent care in hospital?
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Posted on 30th March 2023
When we enter a hospital, we place a great deal of trust in the medical professionals who will be treating us. We expect them to provide us with the care and attention we need to recover from our illness or injury.
Unfortunately, there are times when the care we receive falls short of what we would reasonably expect. This is known as medical or clinical negligence, and it can have serious consequences for our health and well-being. In the UK, it is possible to sue a hospital for negligence.
What is negligence in hospitals?
Negligence is a failure to take reasonable care in the performance of an act or duty, which results in harm or injury to another person.
In healthcare, negligence occurs when a medical professional fails to provide the standard of care that a reasonably competent professional in the same field would provide.
This can include a failure to diagnose a condition, a misdiagnosis, surgical errors, a failure to provide appropriate aftercare or other medical errors.
What can I sue a hospital for?
If you have suffered harm or injury because of negligence on the part of a hospital, you may be able to sue for compensation.
This includes but is not limited to:
This can include compensation for physical or psychological injuries, loss of earnings, and the cost of any additional medical treatment you may need. In some cases, you may also be able to claim for future losses, such as the cost of ongoing care or the loss of future earnings.
It is important to note that you can only sue a hospital if you can prove that their negligence caused your injuries.
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What responsibility does a hospital have?
All hospitals have a duty of care to their patients. This means that they have a legal obligation to provide a standard of care that is reasonable in the circumstances.
Hospitals must take reasonable steps to ensure the safety of their patients, including ensuring that staff are properly trained and that equipment is properly maintained. If a hospital fails in its duty of care, it may be liable for any harm or injury that results.
Blackwater Law medical negligence solicitors made a successful hospital negligence claim for the family of an elderly patient who fell out of bed.
How much can I sue a hospital for?
Ultimately the level of compensation you will be awarded will be determined by how significantly the negligence has impacted your life. The more severe your injuries, and/or the more disruption you have suffered or will suffer to your normal routine, the more compensation you are likely to receive. These are categorized into what is known as general damages, and special damages.
In some cases, expert witnesses such as doctors or specialist care providers will be required in order to determine the amount of compensation you will receive. When this is the case, they will be summoned to court to give evidence in support of or against a sum requested by the plaintiff.
How do I sue a hospital?
If you believe that you have been the victim of negligence by a hospital, the first step is to seek legal advice from a qualified clinical negligence solicitor to assess the strengths of your case and advise you in relation to making a clinical negligence claim.
In most cases, you will need to prove that the hospital breached its duty of care and that this breach caused your injuries. Your solicitor will gather evidence, including medical records and witness statements, to support your case. You will also need to ensure that you are within the time limits with which you can make a compensation claim.
If the hospital or trust admits liability, your solicitor will negotiate a settlement on your behalf. If they do not admit liability, your case may go to court.
Choosing a solicitor
Medical Negligence claims are complex often due to the severity of the injuries and the impact of these injuries on the life of the directly affected individual and their family. It is therefore important that you take the steps to choose the right medical negligence solicitor for you. At Blackwater Law, our team of experienced hospital negligence solicitors can help you secure the compensation you or a family member need to get their life back on track.
Speak to a member of our team today, and find out if you have a claim.
