When we seek medical attention in a private hospital, the least we expect is to be treated with the highest standard of care. Unfortunately, medical negligence in private hospitals can still occur and leave patients facing life-changing consequences. If this has happened to you, we can help you claim compensation.
Key Takeaways
- The eligibility criteria when making a medical negligence claim against a public or private healthcare provider are the same.
- When claiming against a private hospital, it will be the facility’s own liability insurance that pays out the compensation.
- Medical negligence in private hospitals can involve surgical errors, medication mistakes, and poor hygiene practices.
- Compensation will be influenced by the physical, psychological, and financial impact of the avoidable harm you suffered.
- Our specialist solicitors have handled private hospital negligence claims across the country on a No Win No Fee basis.
Whether you have questions or want to see if you can claim compensation today, chat to us for free to speak with one of our friendly advisors:
- Call 03301230546
- Visit our ‘Claim Online’ page.
Jump To A Section
- Can Compensation Be Claimed For Medical Negligence In Private Hospitals?
- Types Of Private Hospital Medical Negligence That May Occur
- How Much Compensation Could I Get For Private Medical Negligence?
- What Do I Need When Bringing A Private Hospital Claim For Medical Negligence?
- Can I Claim With A No Win No Fee Medical Negligence Solicitor?
- Learn More
Can Compensation Be Claimed For Medical Negligence In Private Hospitals?
Yes, compensation can be claimed for medical negligence in private hospitals if it is shown that a patient has suffered unnecessarily due to substandard care provided by a healthcare professional. These factors form the eligibility criteria for all medical negligence claims:
- You were owed a duty of care.
- This duty of care was breached.
- You suffered harm that was otherwise avoidable.
All medical professionals, along with private hospitals and other facilities, owe a duty of care to the patients they treat. This obligation requires doctors, nurses, and other professionals to ensure the correct standard of care is always provided.
If you believe that you meet the medical negligence claims eligibility criteria, please have a quick, free chat with us today.
Can I Claim On Behalf Of A Loved One Who Suffered Private Hospital Negligence?
Yes, you may be able to claim on behalf of a loved one who has suffered private hospital negligence if they are unable to do so for themselves. This would be the case if your loved one cannot make an independent claim because they are:
- Under the age of 18.
- Lack full mental capacity.
In these cases, you have the option of claiming on their behalf as a litigation friend. This court-appointed role would require you to act in their best interests throughout the claims process.
If you would like to learn more about claiming compensation against a private hospital on behalf of your child or someone else, please give us a call today.
Types Of Private Hospital Medical Negligence That May Occur
Various types of private medical negligence can occur, including surgical errors, poor hygiene standards, and inadequate monitoring. Below, we explore some scenarios to show how private hospital medical negligence might happen:
- A doctor prescribed too high a dosage of your medication because they failed to notice that they had typed the incorrect details into the computer. This medication error causes you to overdose and suffer organ damage.
- A midwife used excessive force with forceps during delivery, causing your baby to suffer brain damage.
- Nurses fail to adhere to hospital hygiene standards; they do not replace their gloves between patients nor use sterilised equipment. You contracted MRSA, which soon developed into life-threatening sepsis.
- Surgical staff failed to follow pre-operative verification protocols and didn’t mark the surgical site. This led to them operating on the wrong limb (your right arm instead of your left arm).
Private hospital medical negligence could potentially occur in many other ways than the ones listed above. So, if you believe you’ve suffered medical negligence in a private hospital, it’s best if you double-check your claim eligibility with our team by simply discussing your circumstances.
How Much Compensation Could I Get For Private Medical Negligence?
The amount of compensation you could get for private medical negligence may depend on the extent of your pain, suffering, and financial loss. Medical negligence compensation can include 2 types of damages:
- General damages cover the emotional and physical impact of the unnecessary harm you suffered. It may consider factors like the severity of the harm and its impact on your quality of life.
- Special damages can be claimed for if the harm resulted in out-of-pocket costs.
Legal professionals often refer to the Judicial College Guidelines (JCG) and medical records when evaluating general damages. The JCG is a publication that lists suggested compensation brackets for various forms of harm.
In the table below, you’ll find several entries from the JCG, but none guarantee compensation when claiming for medical negligence in private hospitals. The top figure also isn’t from the JCG:
| Harm and Severity | Guideline compensation | Notes |
|---|---|---|
| Multiple very severe forms of preventable harm + special damages | Up to £1,000,000+ | Monetary impact may include loss of earnings, medical expenses, and therapy costs. |
| Brain damage - very severe (a) | £344,150 to £493,000 | Such as 'locked-in' syndrome with a much lower life expectancy. |
| Brain damage - moderate (c)(iii) | £52,550 to £110,720 | Chances of working again are reduced due to memory and concentration being affected. |
| Arm amputations - loss of both arms (a) | £293,850 to £366,100 | Leaving the person in a state of considerable helplessness. |
| Arm amputations - above-elbow amputation (c) | £133,810 to £159,770 | The amputation will be to a single arm. |
| Kidney - serious and permanent damage or complete loss (a) | £206,730 to £256,780 | This will affect both kidneys. |
| Kidney - loss of 1 kidney (c) | £37,550 to £54,760 | There will be no harm to the other. |
| Bowels - total loss of natural function (b) | Up to £183,190 | Additionally, claimant will be reliant on colostomy. |
| Bladder - complete loss of function (b) | Up to £171,680 | Claimant will also lose bladder control. |
| Loss of spleen (a) | £25,380 to £32,090 | Damage to the immune system increases the risk of internal infections. |
What Factors Will Determine My Private Hospital Negligence Compensation?
As mentioned, special damages are another factor that may determine the value of your private hospital negligence compensation payout. So long as you have evidence of your losses, such as bank statements and invoices, special damages can reimburse you for various costs related to the avoidable harm you suffered, such as:
- Loss of earnings, including any future impact on income.
- Private medical care expenses for treatments, prescriptions, and occupational therapy.
- Therapy, counselling, and other types of mental health support.
- Day-to-day support from loved ones or professional carers.
- Accessibility improvements, ranging from adding grabrails to your home to installing car swivel seats.
One of our solicitors can help you get the proof needed to claim for these losses (and more). You can learn more about this service and how compensation for medical negligence in private hospitals is calculated by chatting with us today.
What Do I Need When Bringing A Private Hospital Claim For Medical Negligence?
When bringing a private hospital claim for medical negligence, you need evidence showing how you suffered unnecessarily because of substandard care. This might involve using:
- Your medical records, including any test results, scan images, and prescription letters. Additionally, try to retain prescription packaging and medications, if relevant.
- Copies of any correspondence with the liable hospital, such as letters, emails, and complaints.
- Personal diary entries detailing your symptoms, treatment, and quality of life.
- Contact details for loved ones, hospital staff, and others who could supply your solicitor with a witness statement.
- Photographs of any visible signs of harm.
Our No Win No Fee solicitors have extensive experience gathering evidence on behalf of clients, so you can have peace of mind from the outset that you won’t face doing this all by yourself. They can also ensure your claim is filed within the correct time limit.
Generally, the time limit for starting a claim is set at 3 years, as outlined in the Limitation Act 1980, and commences from either the date you:
- Suffered medical negligence.
- Realised that you had suffered medical negligence.
There are exceptions to this rule, which you can learn about by reading our helpful time limits guide and speaking with one of our advisors.
Can I Claim With A No Win No Fee Medical Negligence Solicitor?
Yes, if you’re entitled to compensation for medical negligence in private hospitals, you can claim with one of our specialist No Win No Fee medical negligence solicitors. Our solicitors can do the following work to make the claims process a whole lot simpler:
- Gather evidence on your behalf, including witness statements.
- Communicate with the liable healthcare provider on your behalf.
- Update you throughout each stage of the claims process.
- Explain any legal terminology you come across.
- Help you find rehabilitation specialists, if necessary.
- Negotiate to ensure that the compensation fairly and accurately covers all of your suffering.
All the services our solicitors provide are offered under the terms of a Conditional Fee Agreement (CFA). This means that you pay absolutely nothing in service fees for your solicitor’s work:
- Upfront.
- During the claims process.
- If your private healthcare negligence claim is unsuccessful.
If your claim wins, your solicitor will just keep a small percentage of your compensation as their success fee. This small percentage is legally capped at 25%, ensuring you keep the bulk of what you get.
Contact Our Experts
Contact our team today if you believe you have a case to claim for private healthcare negligence. We’re here to help as you take your first steps towards compensation:
- Call 03301230546
- Visit our ‘Claim Online’ page.
Learn More
Learn more about medical negligence claims by reading more of our guides:
- Find out about claiming for spinal surgery negligence.
- Learn about delayed diagnosis claims.
- How to make a GP negligence claim.
Additionally, you might find the information on these pages helpful:
- General Medical Council (GMC) – what good medical practice doctors should provide.
- Royal College of Nursing (RCN) – what duty of care nurses should meet.
- Care Quality Commission (CQC) – find a hospital and check its care ratings.
We hope you now have a better understanding of how compensation claims for medical negligence in private hospitals work, but please don’t hesitate to ask if you have any questions.