Hospital negligence claims

Yes. You can make a claim against a hospital – NHS or private – if the care you received fell below an acceptable standard and caused you harm. Responsibility may lie with the NHS Trust, the hospital operator, or an individual medical professional. To bring a claim, you’ll need to show that negligence occurred and that it caused you avoidable harm. Our team can assess your situation and tell you honestly whether you have a case

You usually have three years to make a hospital negligence claim. This is either three years from the date the negligence happened, or three years from the date you first realised your injury may have been caused by substandard care. For children, the threeyear limit does not begin until their 18th birthday. There is no time limit for people who lack mental capacity. If you’re unsure whether you’re still in time, our team can advise you.

Proving hospital negligence relies on four key elements: duty of care, breach of duty, causation, and harm.

Hospitals and medical professionals automatically owe patients a duty of care. You must show that this duty was breached – meaning the care you received fell below the standard expected of a competent medical professional. You must then show that this breach directly caused or significantly contributed to your injury, rather than the harm being an unavoidable outcome of your condition.

Evidence commonly used to support a claim includes medical records, independent medical expert opinions, test results, incident reports, photographs, and witness statements. We’ll help you gather and present the evidence needed to build the strongest possible case.

Hospital negligence occurs when substandard care in a hospital causes you harm – whether that’s a new injury, a worsening of an existing condition, or the development of a new condition that could have been avoided.

Common causes of hospital negligence claims include:

• Mistakes or delays in identifying your condition
• Prescription errors
• Surgical mistakes
• Failure to obtain informed consent before treatment
• Insufficient post-operative care
• Discharging you too soon

This is not an exhaustive list. If you believe your condition worsened or you were harmed during a hospital visit or stay, contact us to discuss your situation.

Yes. You can bring a claim on behalf of a child, a loved one who lacks mental capacity, or someone who has died as a result of negligent hospital care. This is usually done by acting as their litigation friend. We’ll guide you through what this involves and support you at every stage.

Yes. If a family member has died because of negligent hospital treatment, you may be able to bring a claim for the financial and emotional impact of their loss. This can include dependency claims, funeral expenses, and (in some cases) a statutory bereavement award. We’ll explain your options sensitively and clearly.

The length of time a hospital negligence claim takes depends on the complexity of the case and whether the hospital admits responsibility. Straightforward cases may settle relatively quickly, while more complex cases – particularly those involving serious or long-term injuries – can take several years. The vast majority are resolved without the need for a judge. Your solicitor will keep you updated throughout and work to resolve your claim as efficiently as possible.

The amount of compensation you may be entitled to depends on the severity of your injury and the overall impact it has had on your life. This includes physical harm, emotional distress, long-term health complications, reduced quality of life, loss of earnings, ongoing care costs, rehabilitation, and medical expenses. Every claim is assessed on its individual circumstances, so the final amount will reflect how significantly the negligence has affected you – both now and in the future. Speak to our team for an honest assessment of what you might be entitled to.

Fletchers works on a No Win No Fee basis, sometimes called a conditional fee arrangement. If your claim is successful, you pay us a percentage of the compensation you receive. If your claim is unsuccessful, you pay us nothing for our services.

Many people come to us unsure whether their experience amounts to negligence. You don’t need to have the answers, that’s our job. We’ll review what happened, obtain the necessary evidence, and tell you honestly whether you have a claim.

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No. You don’t have to make a formal complaint before bringing a hospital negligence claim. The NHS complaints process can help you understand what happened, but it is separate from the legal process. You can pursue a claim whether or not you choose to complain.

Yes. You can bring a hospital negligence claim against a private hospital or private healthcare provider if the care you received fell below an acceptable standard and caused you harm. Liability may rest with the hospital, the treating clinician, or their insurer. We’ll help you identify who is responsible.

If your treatment took place at an NHS hospital, you can report concerns through the NHS complaints procedure – often starting with the hospital itself or via PALS (Patient Advice and Liaison Service). This process focuses on explanations and accountability rather than financial compensation. Making a complaint is separate from making a legal claim, and you can pursue a negligence claim even if you decide not to submit a formal complaint – or if you have already done so.

You may still be able to claim even if your own actions contributed to the harm you suffered. In some circumstances, compensation may be reduced to reflect contributory negligence – for example, if you didn’t follow medical advice, delayed seeking treatment, or failed to disclose relevant information such as medications or allergies. We’ll explain clearly how any such factors might affect your claim and what you could still be entitled to.