Medical Negligence In Private Hospitals | How To Claim

You may have expected to receive a high standard of care as a private hospital patient, but medical negligence can happen in any setting. If you suffered because of substandard medical treatment, you could be entitled to compensation. Our guide on medical negligence in private hospitals will explain why and walk you through the process of making a claim.

We’ll start by outlining the eligibility criteria for pursuing compensation and what medical negligence is, alongside some examples showing why a claim may happen. Our guide will also discuss compensation and how it can help support those affected by private healthcare negligence.

Then, you’ll read about the steps involved in starting a claim, including what evidence might be helpful. We finish this guide by taking a look at the benefits of working with a specialist solicitor from our expert panel.

Whether you want more information or are ready to start your compensation journey, our advisors are available 24/7. Get in touch by:

A female patient looks out of her hospital room's window.

Jump To A Section

  1. Can You Claim For Medical Negligence In Private Hospitals?
  2. Can I Claim Private Hospital Negligence For A Loved One?
  3. Examples Of How Negligence In Private Hospitals May Occur
  4. The Average Compensation For Medical Negligence In Private Hospitals
  5. What Can Compensation Help With After Negligent Private Hospital Care?
  6. How Do Private Hospital Claims Differ From NHS Claims?
  7. How Do I Start My Private Hospital Medical Negligence Claim?
  8. What Can Medical Negligence Claims Care Do For Me?
  9. More Information

Can You Claim For Medical Negligence In Private Hospitals?

Yes, you can claim for medical negligence in private hospitals, but you’ll need to be able to prove that it is valid. To do so, it has to be shown that:

  • You were owed a duty of care at a private hospital.
  • That duty of care ended up being breached.
  • As a result, you suffered unnecessary harm.

A duty of care is automatically owed to all patients. It means they must provide you with a standard of care that meets minimum expectations. If they fall short of those expectations, causing you harm, then you would have grounds to make a claim. 

If you’re unsure about how a duty of care can be breached, keep reading this guide, as we’ll shortly discuss some examples of what can constitute medical negligence in private hospitals. For further guidance on medical negligence claims in general, please don’t hesitate to get in touch with our advisory team.

Can I Claim Private Hospital Negligence For A Loved One?

So long as the above criteria are met, you would be able to claim private hospital negligence compensation on behalf of a loved one. However, your loved one will need to be either a child or a vulnerable adult, as both are unable to claim on their own. 

For both groups, you have the option of becoming a litigation friend to help start a claim for them. We’ll discuss this role and the 2 groups in more detail later on in this guide.

Is It Possible To Make A Fatal Private Hospital Negligence Claim?

Yes, it is possible to make a fatal private hospital negligence claim, but only the deceased’s estate can do so in the first 6 months of the death, per the Law Reform (Miscellaneous Provisions) Act 1934. The claim can cover the deceased’s pain and suffering as well as financial losses up to their death.

As well as the deceased, the estate can make a claim on behalf of dependants. If the estate doesn’t do so in the first 6 months, then qualifying dependants can make a claim under the Fatal Accidents Act 1976 (FAA) for how the death has affected them. Per the act, dependants cannot claim on behalf of the deceased.

You can find out more about fatal medical negligence claims and litigation friends by talking to an advisor.

Examples Of How Negligence In Private Hospitals May Occur

There are many reasons why medical negligence can occur in a private healthcare setting like a hospital. Below, we’ve listed some common examples alongside how they can happen:

  • Medical misdiagnosis: Despite presenting with clear symptoms of prostate cancer, a doctor fails to listen to your concerns and concludes you have a urinary tract infection (UTI). This wrong diagnosis means they do not order any tests, allowing the cancer to spread and worsen.
  • Delayed diagnosis or treatment: An administrative error means the results for a lumbar puncture are misplaced, leading to a delay in diagnosing your meningitis. This failure also delays treatment, leaving you with long-term neurological issues.
  • Medication error: Your doctor prescribes an antibiotic to deal with a bacterial infection, but their failure to adequately check your records means they don’t know you are allergic to the medication. You subsequently have a reaction to the penicillin, causing you to go into anaphylactic shock and leaving you with permanent kidney damage.
  • Surgical negligence: A surgical team fails to properly track medical equipment used during a procedure, meaning they don’t notice a surgical sponge being left in the body. That results in the patient acquiring sepsis and needing additional surgery to remove the retained foreign object.

This list isn’t exhaustive, and there are many situations that may be caused by medical negligence. However, negligence will not always be at fault for a patient’s suffering. After all, treatments come with some degree of inherent risk, and not all harm is avoidable.

Our team are here 24/7 if you have any questions about medical negligence or would like to discuss your circumstances. Please get in touch using the contact details listed in our guide to medical negligence in private hospitals.

A tired female patient lies in a hospital bed.

The Average Compensation For Medical Negligence In Private Hospitals

Compensation claims for medical negligence in private hospitals are made up of general and special damages. These are known as heads of claim, with general damages being the starting point for compensation. General damages cover a person’s pain and suffering (the harm), while special damages compensate claimants for related financial losses.

Solicitors may refer to a document called the Judicial College Guidelines (JCG) when assessing the value of general damages. It publishes guideline compensation brackets for various forms of harm, depending on factors like severity and long-term disability. You can see a selection of these brackets below.

Before we continue, please note that the figures are purely guidance, and the top amount isn’t sourced from the JCG.

HarmCompensationNotes
Multiple Forms of Severe Harm + Special DamagesUp to £1,000,000+This would encompass multiple severe forms of harm alongside financial losses like care costs.
Brain/Head - Severe£344,150 to £493,000Payouts in this bracket will be influenced by considerations such as the extent of insight a claimant has (if there is any), how physically limited they are, impaired senses, and communication ability.
Paraplegia£267,340 to £346,890In this bracket, the level of compensation will be affected by whether a claimant is in pain (and to what degree), the extent of independence, life expectancy and age, depression, and effect on sexual function.
Kidney (a)£206,730 to £256,780Both kidneys will either be lost or suffer serious, permanent damage.
Complete Loss of Bladder FunctionUp to £171,680There will be a total loss of control/function.
Above-Knee Amputation of 1 Leg£127,930 to £167,760Compensation levels in this bracket will rely on factors on how severe phantom pains are, if the stump is causing pain or some other problems, whether prosthetics have been a success, and if there are side effects like backache.
Male Reproductive System (c)£52,490 to £108,310This bracket includes cases where sexual dysfunction is significant (with a likelihood of being permanent), involving a claimant who has children or wouldn't have started a family.
Female Reproductive System (c)£68,440 to £87,070Claimant will have infertility, but there will be no aggravating features or sexual dysfunction. They will be young and have no children.
Bowels (c)In the region of £97,530This bracket involves faecal urgency alongside passive incontinence that persists following surgery. It typically follows a birth injury and causes both distress and embarrassment.
Digestive System (Non-Traumatic) - Severe (i)£46,900 to £64,070Toxicosis that is severe, leading to acute pain that is serious. There will also be diarrhoea, fever, and vomiting. Claimants will have their life and ability to work significantly impacted by haemorrhoids, some persisting incontinence, and irritable bowel syndrome.

Our team is here 24/7 and are ready to answer any questions you have about medical negligence payouts.

What Can Compensation Help With After Negligent Private Hospital Care?

Private hospital negligence compensation can support your recovery and help you claim for a variety of related losses. The special damages we briefly mentioned above can cover a range of costs, including:

  • Recovery: To aid your recovery, you may need specialist rehabilitative services, support from carers, or occupational therapy.
  • Loss of income: You can claim for lost and future earnings if you need to take time off because of the harm you suffered.
  • Medical care: These expenses can range from alternative medical treatments to prescriptions.
  • Mental health: As an example, you might need counselling or therapy after enduring a traumatic birth injury.
  • Home/vehicle adaptations: For instance, your car may require a swivel chair to accommodate a disability, and your home might need various accessibility improvements.

All expenses claimed under special damages need proof. So, keep hold of evidence like bank statements, wage slips, and receipts.

Interim Payments

In certain medical negligence cases, it’s possible to apply for something called an interim payment. Essentially, it’s an advance on your compensation to help with urgent costs that might arise before your claim has been settled.

You’ll only be able to apply for an interim payment if you’re likely to win your case or the private healthcare provider has accepted liability for the harm you suffered.

To discuss interim payments and compensation more broadly, please reach out to our advisory team. They’re here to help, and the advice they provide is free and confidential.

How Do Private Hospital Claims Differ From NHS Claims?

The main difference is who you claim against. Private healthcare claims are made against medical professionals and institutions directly, such as hospitals. Most private hospitals have their own insurance, which is responsible for paying out compensation in successful claims.

In contrast, an NHS patient would make a claim against whichever trust a public hospital belongs to. These claims are managed on behalf of these trusts by an organisation called NHS Resolution, which is responsible for any payouts.

You can find out more by getting in touch with our team of advisors.

Medical notes and a blue stethoscope on a white table.

How Do I Start My Private Hospital Medical Negligence Claim?

To get started with your private hospital medical negligence compensation claim, you’ll need sufficient evidence proving how you suffered because of substandard care. You’ll also have to ensure that you are claiming in time. The following sections will explore both of these aspects of the claims process in detail.

What Evidence Do Hospital Negligence Claims Need?

In short, they need evidence that can prove medical negligence and show how it caused unnecessary suffering. Private hospital negligence claims can benefit from the following evidence:

  • Medical records: Provide a timeline of diagnoses, treatments, recommendations, and referrals, which may offer insight into how clinical negligence occurred. These files can also detail how you’ve been impacted by the avoidable harm you suffered and what the prognosis is for recovery.
  • Visual records: Can range from copies of X-rays and other scans to photographs documenting the visible impact of the harm you endured. For instance, you might have suffered noticeable scarring due to unnecessary surgery or been left with eye damage because of ophthalmic negligence. 
  • Diary: Documenting everything while it’s fresh in your memory can be an effective means of outlining your experiences of private healthcare negligence and the impact it may still be having on your life. 
  • Witnesses: If others were present when you experienced negligent treatment, try to get their contact details. They could be loved ones or even staff members at the private hospital. You can pass their information on to your solicitor, who may be able to gather statements from them in support of the medical negligence claim.

If you’d like help with gathering evidence, rest assured that support is available. Our panel of specialist solicitors have extensive experience helping to obtain the proof needed to support medical negligence claims. You can learn more about their work shortly, but we next discuss the question of time limits.

Do Private Healthcare Negligence Claims Have Time Limits?

All medical negligence claims have a time limit established by the Limitation Act 1980. This act gives you 3 years in which to start a claim, usually dated to when the medical negligence occurred or the point that you reasonably connected it to your suffering.

However, time limits are paused for minors and vulnerable adults since neither is able to claim for themselves. Instead, certain requirements must be met before they can claim in their own right:

  • Children: Once a child turns 18, the standard time limit applies. That gives someone 3 years to launch a claim, ending on their 21st birthday.
  • Mental Incapacity: Time limits will only take effect if a person regains their mental capacity. If that happens, the usual 3 years run down from when capacity returns.

As we touched on earlier, someone else can help them claim before time limits apply by acting as a litigation friend. While the role is often filled by a loved one, it can also be taken on by other eligible adults, including solicitors and professional advocates.

You can find out more about the medical negligence claims process by speaking to a team member.

What Can Medical Negligence Claims Care Do For Me?

Here at MNCC, we recognise that every claimant deserves access to professional support and advice from the very outset. That’s why we work with a panel of highly trained medical negligence solicitors whose expertise has helped secure compensation for clients nationwide.

The solicitors from our panel have years of combined experience supporting their clients, from helping with gathering evidence to explaining the claims process. They believe everyone should be able to make a claim without the worry of mounting solicitor fees, which is why they work on a No Win No Fee basis.

Our panel of solicitors handle claims through a Conditional Fee Agreement (CFA), which means you’ll know from the very start that you won’t pay:

  • Upfront solicitor fees.
  • Extra fees as your medical negligence claim moves forward.
  • Any solicitor fees at all if you don’t win compensation.

Under a CFA, you’ll pay a success fee to your solicitor if you win your claim. It’s payment for their services, and the fee is taken as a capped percentage of the compensation you receive. With this arrangement, you know from the outset that you’ll keep the majority of the compensation.

Contact Our Advisors

Are you ready to see if you are eligible to make a compensation claim? Or would you like further information about medical negligence in private hospitals? Our team of advisors are here for you. Get in touch today by:

A solicitor discusses medical negligence in private hospitals.

More Information

We have many other guides about medical negligence, including:

These external resources can also offer additional insights:

You’ve reached the end of this guide about medical negligence in private hospitals, but please don’t hesitate to get in touch for further support from our advisory team.