All medical professionals, including those working in private settings, owe patients a legal duty of care. A breach of this duty can result in a…
Private hospital medical negligence claims
If you’ve been injured by the medical negligence of a private healthcare provider, you could be eligible to make a private hospital negligence claim.
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Private Hospital Negligence Claims
If you suffered an avoidable injury or your condition worsened while under the care of a private medical professional, you may be eligible to make a private hospital negligence claim.
Although most hospitals meet high standards of medical care, mistakes can sometimes occur. Examples of negligence in private healthcare settings include delayed diagnosis, medication errors, surgical mistakes and hospital-acquired infections.
We understand how overwhelming it can be to suffer harm because of medical negligence, and we are here to help. Our team of specialist solicitors are dedicated to securing the maximum compensation on your behalf, on a no win no fee basis.
For a free assessment of your medical negligence case, call 0800 470 0474 today or use our online claim form to request a call back.
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Table of Contents
What is the duty of care of private healthcare providers?
Private healthcare professionals owe patients the same duty of care as the NHS. They must provide treatment that meets acceptable medical standards and possess a reasonable standard of skill and knowledge. As part of their duty of care, they must:
- Take a proper medical history from patients.
- Thoroughly investigate symptoms.
- Make timely referrals to specialists.
- Order the necessary diagnostic tests and interpret them accurately.
- Provide a reasonable course of treatment.
- Administer medication correctly.
- Monitor patients during and after procedures.
- Clearly explain the risks and benefits and obtain informed consent.
Some of the most popular private healthcare providers in the UK include Bupa, Nuffield Health, Spire Healthcare, Ramsay Health Care, and Circle Health Group.
Am I eligible to make a private hospital negligence claim?
You may be able to make a medical negligence claim against a private hospital if you can prove the following:
- The private healthcare provider owed you a duty of care.
- This duty was breached through negligent care or treatment.
- You suffered a new injury, or your condition worsened as a result.
- You are within the legal time limit for starting a claim (usually 3 years).
If a loved one was affected by private clinical negligence, you could also make a compensation claim on their behalf.
How do I make a claim for private healthcare negligence?
There are a few steps you should take if you believe that the care you received at a private hospital was substandard and you want to make a compensation claim:
- Contact a specialist medical negligence solicitor. You can call 0800 470 0474 or use our online claim form.
- We will offer you a free case assessment and assess whether you are eligible to claim compensation.
- If you can proceed, your solicitor will begin to compile the necessary evidence to start your claim. They may also advise you to make a formal complaint to the hospital.
- Next, they will send a letter of claim to the defendant to inform them of your injuries and the compensation you seek.
- If the other party admits liability, your solicitor will begin negotiating the compensation amount.
- If liability is denied, your solicitor will issue court proceedings (most cases are settled out of court).
- If you win your claim, you will usually receive your compensation payment within four weeks.
What is negligence in private healthcare?
Negligence in private healthcare occurs when a medical professional, such as a doctor, surgeon, dentist or nurse, fails to provide care that meets the accepted standard in their field. Examples include:
- Misdiagnosis or delayed diagnosis of a medical condition.
- Providing delayed or inappropriate treatment.
- Prescribing the wrong medication or dosage.
- Surgical errors, such as damaging nerves or organs.
- Administering too much or too little anaesthesia.
- Failing to assess patients in A&E departments adequately.
- Not monitoring a patient during or after a procedure.
- Hospital-acquired infections due to poor hygiene.
- Poor record-keeping.
- Failing to obtain informed consent.
It is important to remember that it is not enough to prove negligence in order to make a successful claim. You must also prove that this has caused you avoidable harm (causation). This could be an injury, illness or the worsening of an existing condition.
How does a private hospital negligence claim differ from an NHS hospital claim?
The claims process is similar, whether the defendant is the NHS or a private healthcare provider. The main difference lies in who the claim is made against:
- NHS negligence claims are brought against the NHS Trust to which the public hospital belongs. NHS Resolution handles all these claims, and they do not affect the funds allocated for patient care and treatment.
- Private healthcare claims are often made against an individual medical professional, the private hospital or both. According to the General Medical Council, all private healthcare providers must have their own medical indemnity insurance, which will cover claims for medical negligence.
What types of harm can be caused by private hospital negligence?
Negligent private healthcare can have various consequences, including:
- The worsening of the initial condition.
- The need for more aggressive treatment.
- A new injury, such as nerve damage during surgery.
- Unnecessary and avoidable pain and suffering.
- Long-term or permanent disability.
- The loss of a limb or part of a limb.
- Scarring and disfigurement.
- Chronic or ongoing pain.
- Reduced quality of life or life expectancy.
- Emotional and psychological trauma.
- Loss of income and additional care costs.
Your medical negligence solicitor will carefully assess all the forms of harm you have suffered due to the negligence to ensure it is correctly reflected in your compensation payment.
Can I make a claim against a private hospital if I signed a consent form?
The purpose of a consent form is to prove that you were informed about the risks and benefits of a procedure or treatment and that you agree to it.
Signing a consent form does not mean that you cannot make a claim against a private hospital if the care you received fell below a reasonable standard.
You can also make a claim if you signed a waiver, but you were not given all the information, or you were misled about the outcome of your treatment.
A specialist medical negligence solicitor can review your circumstances and the terms of your consent form and advise you on the strength of a claim.
Can I make a private healthcare negligence claim on behalf of a loved one?
Yes, you may be able to make a claim on behalf of a loved one as a litigation friend if they are:
- A child under 18.
- An adult who lacks the mental capacity to handle a claim themselves. This could be due to the negligent treatment at a private hospital or a pre-existing condition, such as a learning disability or Alzheimer’s disease.
You will have to liaise with solicitors and make decisions that are in your loved one’s best interests. A judge must approve any compensation awarded, which will be kept in a court bank account or a personal injury trust in your loved one’s name, depending on the situation.
Can I claim compensation for fatal medical negligence in a private hospital?
Yes, you may also be able to claim compensation if you lost a loved one because of negligence at a private hospital (for example, due to a failure to diagnose a stroke or sepsis).
If you qualify as a dependant of the deceased, you could claim:
- Funeral expenses.
- The loss of financial support.
- Loss of services, such as household maintenance.
- The pain, suffering and financial losses suffered by your loved one.
- A statutory bereavement award of £15,120.
Evidence to support a compensation claim against a private hospital
To make a successful private hospital negligence claim, you will typically need the following types of evidence:
- Detailed medical records, including hospital admission notes, doctor’s notes, test results and treatment plans.
- Any records of complaints made to the hospital and their response.
- A report from an independent medical expert, who will review all your medical records and provide an opinion on whether the care you received was negligent.
- Statements from you, your loved ones and other witnesses regarding the events and their impact on your life.
- Photos or videos of any visible injuries or challenges caused by the negligence.
- Proof of financial losses, such as pay slips, receipts, and bank statements.
How much compensation is my private hospital negligence claim worth?
The compensation for medical negligence in private healthcare is calculated based on two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by your injury or illness. These depend on the type and severity of the harm you suffered and are calculated according to the Judicial College guidelines.
- Special damages cover the financial losses and expenses related to the negligence, both past and future. They are based on tangible documents, such as receipts and invoices.
What is the time limit to start a claim for negligent private medical treatment?
Under the Limitation Act 1980, you will usually have three years to make a claim for medical negligence, starting from either:
- The date of the negligent medical treatment.
- The date your injury was diagnosed and linked to negligence (the date of knowledge).
There are a few exceptions to the standard time limit:
- For children, the three-year time limit only begins on their 18th birthday.
- If the injured party lacks mental capacity, the time limit does not apply unless they regain it.
- Claims for fatal medical negligence have a three-year limitation date starting from the date of death.
Will my solicitor handle my claim on a No Win No Fee basis?
If you are entitled to compensation, our medical negligence team will help you bring a claim under a 100% no win no fee agreement. This means that:
- You pay nothing upfront.
- If your claim is unsuccessful, you will not pay any legal fees.
- If you win compensation, your solicitor will be entitled to a pre-agreed percentage from your payout, known as a success fee (capped at 25%).
How long do medical negligence cases take to settle?
How long your medical negligence compensation claim against a private hospital will take can vary significantly, based on several factors:
- The complexity of the case.
- Whether the private hospital accepts responsibility.
- The type, severity and long-term impact of your injuries.
- The need for court proceedings.
Straightforward claims may settle within 12 to 18 months, while complex cases can take more than 2 years. Your solicitor will aim to secure compensation in the shortest time possible.
If you think you may be entitled to make a private hospital negligence claim, call 0800 470 0474 today or use our contact form to request a free case assessment.
