Hospital negligence is often an unfortunate symptom of an overstretched and under funded NHS. Whilst nobody relishes the prospect of suing the NHS, it can be the only recourse to seek compensation when something goes wrong.

Hospital negligence can be devastating to the injured party or their family.  Residents of the UK, including Cheltenham and surrounding areas, should be aware of what it is and how to deal with it when it occurs. 

Putting your health in the hands of a healthcare professional is often stressful but dealing with the added difficulties arising from injury or a worse outcome due to negligence can make this situation much worse. 

Ross Aldridge has been helping victims of medical negligence in Cheltenham secure the compensation they deserve since 1985. Get in touch today to find out how much you could claim.

What is hospital negligence?

First of all, we need to look at what hospital negligence is. It can be easy for this lack of care to often be overlooked or unrecognised. In these instances, problems may not become evident for some time. 

The terms hospital negligence or medical negligence refer to care from staff in a healthcare environment that falls below an acceptable standard. This means that your needs as a patient may not have been met while under their care. 

Medical negligence is something that can happen in any medical environment. From your GP to private hospitals, this is always a possibility. It can occur as a result of human error, lack of supervision or training, or a failure in IT, technology or processes.  

Any time you are impacted by a form of medical negligence, you should be sure to get in touch with a solicitor.

Common claims for hospital negligence

There is a wide variety when it comes to the different types of hospital negligence claims people can make. From minor to major, claims can come in many shapes and sizes. 

Some of the most common claims for hospital negligence are as follows;

  • Nursing negligence claims
  • Misdiagnosis claims
  • Late diagnosis claims
  • Brain injury claims
  • Anaesthetic claims
  • Failure to act adequately claims
  • A&E negligence claims
  • Ambulance service negligence claims
  • Sterilisation claims
  • Prescription claims
  • Slip, trip and fall claims
  • General surgery claims
  • Gynaecology claims
  • Gastroenterology and endoscopy claims
  • Medical records claims
  • Wrongful death claims

Nursing negligence claims

In a hospital setting one is likely to interact with nurses. They provide vital support and care but sometimes things go wrong.

Some ways in which nurses may be negligent include; giving the wrong medication, conducting the wrong tests or mixing up results. 

These forms of negligence could be a result of lack of staff or human error.

Misdiagnosis claims

One of the ways in which a doctor can be responsible for medical negligence is through misdiagnosis. Getting the wrong diagnosis may well give rise to a valid claim for hospital negligence.  

A misdiagnosis can lead to improper care being given to the patient. This could then result in the patient’s condition worsening.

Late diagnosis claims

A late diagnosis from a doctor could occur as a result of negligence. This includes not recognising risk or symptoms. 

Getting a diagnosis as soon as possible can be significantly impactful on the wellbeing of the patient. A late diagnosis could make a major difference to their recovery. 

Brain injury claims

Failure to recognise or investigate signs of acquired brain injury may be negligent. An example of this may be misdiagnosis of a concussion. 

Wrongful diagnosis or treatment in this case could be extremely dangerous and even fatal.

Anaesthetic claims

Even with a right diagnosis, mistakes are still possible. For example, choosing the wrong form of anaesthetic or wrong dosage could lead to significant pain that would otherwise have been avoided. 

Improper application could also leave the patient in danger. This can occur from application of too much, too little or incorrect form of anaesthetic.

Failure to act adequately claims

A medical professional could end up neglecting their patient by not acting in response to symptoms on time. This medical negligence could worsen situations and put the patient in danger. 

This can occur for all kinds of patients, including those in A&E or visiting their GP. 

Many illnesses need a quick response, so it is crucial that medical professionals act efficiently.

A&E negligence claims

A&E is an area of the hospital that requires fast action and correct judgement. If these are factors of your treatment that you don’t receive, then this could be considered negligence. 

Experiencing negligence in A&E could have major repercussions on your condition.

Ambulance service negligence claims

Even before you make it to the hospital, there is a chance for serious medical negligence. The ambulance service that a hospital provides is crucial to a patient. 

Improper attention, care or timing could cause issues for the patient.

Sterilisation claims

You can have a case for medical negligence if the equipment is not in working condition, cleaned and sterilised. Failure to address these issues could result in infection or other health complications. 

It is essential that healthcare settings meet hygiene codes and are regularly monitored.

Prescription claims

Following a meeting with a doctor, failing to give a prescription, or giving you the wrong prescription, is worthy of medical negligence claims. 

This could lead to health complications, prolonged recovery times or even allergic reactions.

Slip, trip and fall claims

In the instance of slip, trip or fall in a hospital, you may have the right to make a claim. This could be caused by factors such as a wet floor with no warning, structural issues, or obstacles in public places.

General surgery claims

General surgeries have the potential to go wrong. This is not always as a result of negligence.

 Many procedures have “recognised complications” but sometimes complications that arise may do so because of treatment that falls short of an acceptable standard. 

When this occurs, it is common for patients to file negligence claims.

Gynaecology negligence claims

Examples of negligence in a gynaecological setting may include improper screenings, misdiagnosis or failure to act upon symptoms. 

These forms of negligence could result in the condition of the patient worsening.

Gastroenterology and endoscopy claims

Poor or careless treatment might cause injury and damage to internal structures causing unnecessary additional pain and suffering to a patient. 

Medical record claims

It is crucial that your doctors and medical facilities keep your information on record. Failure to do this could lead to major issues, meaning you have a right to a claim.

Wrongful death claim

Tragically, hospital negligence may result in the death of the patient. It is open to the surviving family or those financially dependent on the deceased to pursue a claim for hospital negligence resulting from that death, if it arose due to substandard care or treatment.  

Who is responsible for hospital negligence?

The relevant NHS Trust where a patient received treatment will be responsible for the negligent acts or omissions of any clinicians or medical staff. They are “vicariously” liable for their staff. In a case of hospital negligence therefore, it is very rarely necessary to pursue the clinician individually.

Compensation for hospital negligence

Cases for hospital negligence can vary greatly in terms of complexity and value. Cases might be worth only a few thousand pounds or they may, in the case of a birth injury defect, be worth tens of millions.

 The value of medical negligence compensation varies on the basis of many factors and we can guide you with our wealth of experience in dealing with hospital negligence claims.  

Some of the factors that will impact the value of any claim will include the nature and extent of injury suffered, whether injuries are permanent, how intrusive they are, and what impact this has on your life. 

The average NHS compensation amount is understood to be around £50,000. Of course, this average is weighted by virtue of catastrophic claims. 

Compensation is divided into two main sections, general and specific damages.

General damages will see you receive compensation for the overall negligence that you have been a victim of. Some factors that are considered when it comes to general damages are:

  • Loss of amenity 
  • Pain and suffering

Special damages are to compensate you for any out of pocket expense, whether past or future. 

Some examples of these special damages might be;: 

  • Surgery costs
  • Other medical treatment costs
  • Loss of earnings 
  • Travel costs
  • Cost of care or domestic assistance
  • Appointment costs
  • Costs of any aids or equipment needed as a result of the avoidable adverse outcome

If you would like a more accurate idea of how much you might be able to claim based on what has happened to you, talk to one of our expert solicitors today.

No win no fee medical negligence solicitor

As a UK resident, you may be eligible for a no win no fee agreement when pursuing a claim for hospital negligence. What this means is you will only pay legal fees if your negligence claim is successful, and then they are capped at a maximum of 25% of your damages (although can often be lower). 

If you are unsuccessful in your claim, you will not have to pay any fees. 

Thanks to the no win no fee medical negligence scheme, there is very little to lose when going to court with such a matter. So if you feel like you have a right to a claim, then you can seek justice by getting in touch with a solicitor.

Medical negligence claim Cheltenham

For medical negligence claim help in Cheltenham, make sure you check out Ross Aldridge Solicitors. They are here to help anyone who has experienced wrongful care or attention in regard to medical services. 

With over 35 years of experience, they are going to help you to get the most out of your hospital negligence claims. This means you will get the result that you deserve. 

Ross Aldridge Solicitors has an experienced team who will quickly assess whether you might have a valid claim and if so, help you get financial compensation. 

A case of medical negligence is something that could cause permanent changes to your life. So if you have wrongfully been the victim of negligence, then you should seek redress. 

You are entitled to medical treatment that is of an acceptable standard. Should you receive medical treatment that falls below that standard, and should you suffer an injury or worse outcome as a result, you may have a good claim for medical negligence compensation. . 

Ross Aldirdge Solicitors offer free case assessments to anyone who feels they may have been a victim of medical negligence. We have the expertise and experience to quickly tell you if you have a claim we can take on for you.

How to make a claim

Making a claim is an easy and straightforward process.

First of all, go to rossaldridge.co.uk. Then, begin your steps towards making a claim. 

Here, you will fill out basic details such as your name, email address and phone number.

You also should include a short message regarding the basic details of your situation. For example, what claim you are looking to make and when it happened.

Once your solicitor is aware of your situation, they will be able to identify the details you need to get your compensation. 

This usually means that they will begin to gather medical records to further assess prospects. 

Once evidence and other necessary details are gathered, your solicitor will formally submit your claim. 

This involves sending a letter detailing the allegations of negligence to the guilty party. 

Having submitted the claim, the law allows the defendant a period of 4 months to formally respond. 

If the defendant denies negligence, they will have to set out why. We will then advise you on prospects and whether we can overcome the denial, and if so, will proceed with the claim, if necessary, with Court Proceedings.

If the defendants unreasonably reject the claim your solicitor may advise that Court Proceedings be issued and will guide you through every step of the process. This may include gathering further evidence needed and preparing a strategy to win the case. 

Following a successful case, damages are usually paid within 14-21 days. 

Should the claim fail, there would be no fees for you to pay. 

Although it is sometimes necessary to issue proceedings, very few cases will actually proceed to a trial. The vast majority will settle long before going to court.

Make a claim today

If you feel you have the right to make a claim having suffered medical negligence, then waste no time and get started today. There are strict time limits for making a claim so it is best to investigate sooner rather than later. 

When you have been wrongfully treated by a healthcare professional, you deserve justice.

With a team of medical negligence lawyers ready to help, you will be in the best professional care. 

Hospital negligence is something that no one should have to experience. So when you are unfortunate enough to be put through this, waste no time in getting the right result. 

Get in contact by requesting a callback at rossaldridge.co.uk. You can also call at 0800 0270 370 or email at enquiries@ra-sol.com.

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