Hospital negligence is defined as negligent medical treatment that has been administered in a hospital setting. Such instances can be incredibly distressing and lead to long-term health issues - and in some cases, death.

A compensation claim for hospital negligence needs to prove that, on the balance of probability: 

• Your treatment was carried out negligently, i.e. the care you received fell below standards that are medically acceptable; and that
• The above directly caused your injury.

This can be difficult to prove and therefore you will need to speak to an experienced solicitor to establish whether you have a valid claim.

Legal proceedings must be started within three years of the date you first knew, or could reasonably be expected to know, that something had gone wrong with your medical treatment.

 Usually, this is quite soon after the operation or treatment has taken place, but occasionally it will not become obvious that an injury has long-term consequences until months or years have passed.

• If the affected person (claimant) is under 18, the three-year time limit only expires on his/her 21st birthday
• For people who do not have the mental capacity to manage their own affairs, for example due to a brain injury, no limitation period applies
• If someone has died because of negligence, the three-year time limit runs from the date of death 

These time limits are strictly enforced by the courts, and only in exceptional circumstances will a judge exercise discretion to allow a case to be brought “out of time.”

To prove hospital negligence, you need to establish certain key elements through evidence. Medical negligence claims typically involve demonstrating the following four elements:

Duty of care: we need to show that the hospital owed you a duty of care. This is generally straightforward, as hospitals and healthcare providers have a legal duty to care for their patients.

1. Breach of duty: we must demonstrate that the hospital breached its duty of care by failing to provide the standard of care expected in the circumstances. In order to prove a breach of duty of care, we will consult independent medical experts, who can evaluate the care you received and the results, and can then offer an opinion on whether or not the hospital met suitable standards of care.
2. Causation: once we have established this breach of duty, we must prove that it directly caused the injury or harm you experienced. This means showing a clear link between the hospital's negligence and the damage you suffered through evidence from the medical experts.

Compensation: if breach of duty and causation have been proven and accepted by the hospital in question, we will aim to negotiate a compensation settlement on your behalf to help you cope with any financial losses that resulted from the hospital negligence and practical support you now need, such as care or specialist housing. If the other side does not accept they caused you harm, we will continue to fight your case as long as our experts remain supportive. In rare cases where an agreement cannot be reached, the claim is put before a judge, who decides the outcome.

There are several types of evidence that might be used to win a medical negligence claim. Choosing experienced solicitors for hospital negligence claims can make the process of gathering evidence easier, as they will know how to build the strongest case. At the same time, there are steps you can take to help and types of evidence you can collect before speaking to a solicitor that can give you a head start in building a medical negligence case.

Evidence that may be used to support a medical negligence claim includes:

• The patient’s medical records: medical records will include comprehensive documentation of all treatments, procedures and interactions with healthcare professionals. These records provide a timeline of care and can highlight any deviations from standard practices. Test results from blood tests, scans, X-rays, and other diagnostic tests may also be critical in showing what was done (or not done) and how it impacted the patient’s health. Your solicitor can help to acquire these records for you.
• Expert opinion: independent experts in the relevant field can offer opinions on whether the standard of care was breached. They will assess the actions of the healthcare providers against what is expected of a competent professional under similar circumstances and compare the treatment you received with accepted medical guidelines. JMW's team can speak to independent medical negligence experts on your behalf to review the relevant documents and offer their opinion on your experiences.
• Witness statements: the patient’s account of their experience, detailing what happened, how it happened, and the impact it had on their health and wellbeing, represents vital evidence. It is worth keeping a journal or diary about your experience, the results, and your ongoing recovery. This can show the effects of the medical negligence you suffered and help to make sure you receive the maximum amount of compensation. Statements from family and friends who observed your condition before, during and after the treatment can support claims of negligence.
• Photographs and videos: visual documentation of injuries or conditions that worsened due to negligence can be compelling evidence. This could include photographs taken immediately after an incident or over time to show deterioration. In rare cases, video footage within the hospital may capture events that led to the negligence, such as incorrect procedures or improper patient handling taking place.
• Incident reports: if the problem was reported at the time, the hospital may have used its internal reporting system to record any incidents of negligence or errors that may have been responsible. These reports can provide direct evidence of mistakes or lapses in care. Records of complaints made by the patient or family members at the time, as well as any internal investigations conducted by the hospital, can equally contribute to building your case.
• Communications: written communication between the patient and healthcare providers, including any emails, letters or complaints made by the patient, can demonstrate how concerns were raised and handled. Some hospitals may record phone calls, and this can also provide evidence in some cases if these recordings are still available.
• Financial records: if we win your case and compensation negotiations begin, records of any financial losses experienced are fundamental to calculating compensation in hospital negligence compensation claims. You can claim everything from the cost of additional treatment or corrective procedures that you needed due to the negligent care, to lost earnings if you were unable to work during your recovery. 

There is a wealth of evidence that can support claims for compensation, and your solicitor will help you to build a case. In almost every case, when strong evidence is collected, a claim for hospital negligence will be settled out of court. We will present your case to the negligent party, and they will have time to conduct an internal investigation to determine whether or not they will accept liability.

If they do not and are unwilling to settle, the case will proceed to court, but this is extremely rare. In the small minority of cases that do go to court, your solicitor and barrister will represent you and take on the bulk of any legal responsibility so you can focus on your recovery. JMW takes on hospital negligence claims on a no win, no fee basis, which means that you will not have to pay any legal fees unless your claim is successful. We will always strive to secure the maximum amount of compensation that you are entitled to receive.

The amount of hospital negligence compensation you can receive after making a claim differs significantly based on the specific nature of your experiences, the injuries or illnesses you sustained, and your financial losses due to the incident. As such, it is impossible to estimate how much compensation you could expect to receive without a detailed discussion of your circumstances. 

This is because compensation is designed to put you back into the position you would have been in if the negligence had not occurred. It will compensate you for your pain and suffering, as well as any loss of amenity - meaning that if you are no longer able to do certain activities or things you enjoyed, the general damages you receive will take this into account. The general damages part of your compensation payment is calculated based on Judicial College guidelines, which establish minimum and maximum compensation amounts for each type of illness or injury.

Any compensation awarded for medical negligence claims will also consider your financial losses and include a payment called special damages. This covers any expenses (like costs for travel to and from medical appointments, or lost earnings during your recovery) you incurred due to the hospital negligence you experienced. If you are no longer able to work due to your condition, this can also account for future earnings you would otherwise have made.

A medical negligence solicitor from JMW can talk to you about your situation and help you to understand whether or not you have a claim. From there, we will calculate how much compensation you may be owed and fight to ensure you receive the maximum amount that you are entitled to.