Compensation for hospital negligence

Compensation for hospital negligence

For finding answers and getting justice

When we place our trust in hospitals and medical professionals, it's with the hope and expectation of receiving the best possible care. Hospitals are places of healing, where skilled professionals work diligently to safeguard our wellbeing. However, there are instances when the care provided falls short of the standards we expect and deserve. Mistakes, oversights or lapses in judgement can lead to injury and cause undue pain, suffering or even long-term consequences for patients and their families.

If you or a loved one have experienced such an unfortunate event, it's essential to know that you have rights. At Switalskis, we're here to make sure those rights are upheld, guiding you through every step of the claims process to seek justice and compensation for the harm you've experienced.

To speak to one of our specialist hospital and clinical negligence claims solicitors about your situation in confidence, call us on 0800 1380 458 , or contact us through the website.

Call us on 0800 1380 458, or contact us through the website to get the process started.

How Switalskis can help you

We understand the trust patients place in hospitals and their medical professionals. However, there are times when that trust is misplaced. You might feel that certain oversights or mistakes resulted in negligent treatment that was avoidable.

As a result, you may be seeking:

  • An investigation into the care you or your loved one received
  • An apology for the distress and harm caused
  • Compensation for the injury, suffering and financial losses sustained

Hospital negligence can have significant and lasting effects. Our hospital and medical negligence solicitors have extensive experience working with people who have faced such challenging circumstances. This is a deeply personal and sensitive area, and we make sure you're paired with a solicitor who understands your concerns and you feel at ease with them. We support our clients with our expertise, compassion and dedication to their individual needs.

Read what our clients had to say about the help they received from Switalskis:

Understanding hospital negligence

When we talk about hospital negligence, we're referring to situations where the care provided by a hospital or its staff falls below the accepted standard, causing injury to a patient. It's essential to understand that not every undesirable outcome in a hospital setting is due to clinical negligence, and not every mistake can be described as negligent. However, when the care provided falls short of expected professional standards, it becomes a cause for concern. Here's more detail about what hospital negligence involves:

  • Misdiagnosis or delayed diagnosis: a timely and accurate diagnosis is vital for effective medical treatment. If a condition is misdiagnosed or there's a significant delay in diagnosis, it can lead to unnecessary complications, prolonged suffering, or even reduced chances of recovery.
  • Surgical errors: these can include damaging neighbouring structures, failing to achieve the outcome of surgery and poor suturing. Such errors can have severe, sometimes life-altering consequences.
  • Medication mistakes and drug interactions: administering the wrong medication, incorrect dosage, or failing to account for patient allergies can lead to adverse reactions, complications or even fatality.
  • Poor post-operative care: after surgery, patients are particularly vulnerable. Neglecting post-operative care, like not monitoring vital signs or failing to prevent infections, can lead to complications that might have been avoidable.
  • Infection management: hospitals should be places of healing, but sometimes infections can arise that can delay healing and cause complications if treated adequately. 
  • Communication errors: effective communication between medical professionals and patients is vital. Miscommunication can lead to errors in treatment, medication or patient care.
  • Lack of informed consent: patients have the right to choose what is done to their bodies, and to decide what treatment they will receive. In order to make a fully-informed choice they must be told of any proposed procedure, medication or other treatment any available alternatives and their respective risks and benefits.

Understanding the nuances of hospital negligence is the first step in recognising when you might have a valid claim. If you believe you've experienced any of these or other forms of medical negligence and this has caused you additional harm, it's essential to consult with hospital negligence solicitors to understand your rights and the potential path forward.

Making a hospital negligence compensation claim

We’re here to simplify the process of making a hospital negligence claim. Here’s a step-by-step guide to help you understand what to expect when pursuing a claim for hospital or medical professional negligence.

Step 1: Initial consultation:

  •  Reach out to Switalskis for a free, no obligation initial consultation. During this consultation, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim:

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant:

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligence treatment.

Step 4: Defendant response:

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim. This is known as a letter of response and will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation:

Solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary):

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

With Switalskis by your side, navigating a hospital negligence compensation claim becomes more manageable. We're committed to guiding you through each phase, offering transparent advice, genuine support, and unparalleled legal expertise every step of the way.

Call us on 0800 1380 458, or contact us through the website to get the process started.

How long do I have to make a hospital negligence claim?

Typically, you have three years from the date on which you first suffered injury due to negligence. If at that time you did not suspect that the injury was caused by negligence, then the three-year period starts when you later realised that the injury might have been due to negligence. However, there are exceptions:

  • Children: if the person who suffered an injury due to negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered an injury due to negligence lacked the mental capacity to make their own decisions at the time of their injury, then the three-year time limit doesn’t start to run until and unless they regain such capacity.
  • Fatal cases: if you’re claiming in respect of a family member who passed away, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

It's always best to consult with us as soon as possible to make sure you don't miss any critical deadlines.

How are hospital negligence claims funded?

Navigating the financial aspects of a hospital negligence compensation claim can be daunting, but Switalskis aims to make sure the process is transparent and accessible, so that nobody is ever put off seeking justice due to the costs.

Here's a breakdown of the funding options available:

  • No win, no fee agreements: also known as conditional fee agreements (CFAs), are the most common way to fund a hospital negligence compensation claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, most of your legal costs can be recovered from the defendant, and a percentage of your compensation will be used to cover some aspects of legal that won’t be paid by your opponent. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. You might already have legal expenses insurance cover as part of another policy, such as that for your home or car insurance. Sometimes, these policies can be used to fund a clinical negligence claim. We’ll assist you in understanding your policy and liaise with your insurer.
  • Legal Aid: for some very specific case types, Legal Aid may be available for clinical negligence claims. Our team can guide you on whether you might be eligible.

Our team is here to guide you through your funding options and help you pick an option that suits your needs and circumstances.

Hospital negligence FAQs

How much compensation can I expect from a hospital negligence claim?

Compensation amounts vary widely depending on the severity of the injury caused by the negligence, its impact on your life, and any financial losses experienced. While we can provide estimates based on similar cases, each claim is unique. Our team will work diligently to make sure you receive the maximum compensation you deserve.

Do I need to go to court when suing a hospital for negligence?

It is unlikely that you will need to go to court. Many hospital negligence cases are settled out of court through negotiations. However, if an agreement can’t be reached, or if it's in your best interest, our team is fully prepared to represent you in court to make sure your rights are upheld.

What evidence do I need for my hospital negligence case?

Evidence can include medical records, witness statements, expert opinions, photographs, and any other relevant documentation. We'll guide you on the information we require to prepare the necessary evidence to strengthen your claim. We will conduct the investigations to make sure all the bases are covered.

How long does a hospital negligence claim typically take?

The duration of a claim can vary based on its complexity, the willingness of the other party to settle, and various other factors. Some claims may be resolved in a matter of months, while others, especially those that go to trial, can take several years.

Will my medical care be affected if I make a claim?

Your right to receive medical care should not be impacted by pursuing a negligence claim. Medical professionals have a duty of care to all patients, regardless of legal actions. If you ever feel that your care is being compromised, it's essential to raise this concern immediately.

What if the negligence led to a fatality?

In tragic instances where medical negligence results in a fatality, the deceased's family or dependents can pursue a claim on behalf of the estate of the deceased. These claims can seek compensation for the financial contribution the deceased made to the family or others close to them, the loss of benefits, their help around the house, loss of childcare and funeral costs, loss of income and other related damages.

Are there any upfront costs when making a claim with Switalskis?

No. We work on a no win, no fee basis, meaning you won't have to pay any legal fees upfront. Instead, our fees are contingent on the successful resolution of your claim. We'll discuss the specifics of this arrangement during our initial consultation.

Call us on 0800 1380 458, or contact us through the website to get the process started.

Our Hospital Negligence Claims Specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why choose Switalskis?

The choice of legal representation in hospital negligence claims can make a significant difference in the outcome of your case. Switalskis stands out, not just for our legal expertise, but for the values we uphold and the comprehensive approach we take with every client.

Clarity in complexity

Hospital negligence cases can be riddled with legal processes and medical terminologies. At Switalskis, we pride ourselves on our ability to turn this complexity into clear, understandable terms. We make sure that you're not just a passive observer but an informed participant in

Empathy at every step

Beyond the legalities, we recognise the emotional toll that hospital negligence can inflict. Our team approaches each case with genuine empathy. We listen, we understand and we stand by you, making sure that your emotional wellbeing is considered at every step. Our commitment goes beyond legal representation; we're here to offer support, understanding and a shoulder to lean on.

Expertise you can trust

With a rich history of handling hospital negligence cases, our reputation is built on consistent excellence. Our team includes some of the finest hospital medical negligence solicitors around, each bringing a wealth of experience and a track record of success. When you choose Switalskis, you're choosing a legacy of legal prowess and a commitment to justice.

Championing your rights

At the heart of our practice is a relentless drive to champion the rights of our clients. We believe that every person deserves justice, and we fight tirelessly to make sure that your voice is heard, your rights are upheld, and the responsible parties are held accountable.

Choosing Switalskis means choosing a partner who is unwaveringly dedicated to your cause, one who combines legal excellence with genuine care and understanding. We're not just your solicitors; we're your advocates, your confidants and your champions.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

Hospital and medical negligence claims can cast a shadow over your life. But remember, you’re not alone. Our legal experts are here to listen, understand your circumstances, and fight for the best possible outcome for you.

Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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