Private Hospital Negligence Compensation Claims

When you have treatment in a private hospital, you have every right to expect the highest standard of care. If this doesn’t happen, or you suffer complications due to negligent care, you can claim compensation.

Please phone 0800 234 6438 or use the online form for free legal advice. A specialist will assess your case and determine whether you’re eligible for compensation. They’ll then connect you with a no win no fee medical negligence solicitor who will attempt to secure compensation.

With NHS patients experiencing significant delays, many turn to private hospitals for quicker treatment. In fact, 2023 was a record year for private hospital admissions (PHIN).

Private hospital negligence occurs when a private hospital or its healthcare professionals fail to meet their duty of care, which can cause injuries, complications, and even fatalities. There are a range of reasons for clinical negligence, but private hospitals should have measures in place to prevent it.

It’s important to remember that negligence can occur during the referral stage, surgical procedures and outpatient appointments. Private hospitals still have to follow the same Standard of Care Regulations, and failing to do so makes the hospital itself or medical professionals negligent.

If your solicitor can prove this negligence, you’ll receive compensation.

Before initiating your claim, you’ll need to discover whether you’re eligible for compensation, as the solicitor must prove that any injuries and complications were due to medical negligence.

Phoning 0800 234 6438 or accessing the online form gives you access to free legal advice. The advisor will ask questions about your care and determine whether you’re likely to secure compensation. If you’d like to proceed with the claim, they’ll connect you with a no win no fee solicitor.

Many people choose to claim on a no win no fee basis, as there’s no financial risk. When you claim compensation with a traditional solicitor, you’ll need to factor in their hourly rate, which applies even if you don’t win the case.

No win no fee private hospital negligence claims don’t have any upfront fees, which means you won’t pay anything unless the solicitor secures compensation. There’s also added peace of mind, as no lawyer will take on a no win no fee claim unless they’re confident of securing a settlement.

Evidence is vital to securing compensation, and your solicitor will need to collect proof that the hospital didn’t meet its duty of care. While your solicitor will gather evidence on your behalf, it’s also beneficial to collect what you can, as it speeds up the claim.

The following types of evidence are most important for private medical negligence cases:

• Witnesses: Anyone involved in your care or witnesses to the negligence can provide vital testimonies. For example, a friend or family member will see how the complications impact your life and ability to work.
• Visual Evidence: If you suffer any physical injuries due to private healthcare negligence, it’s a good idea to take photos as the negligent party can see visual evidence.
• Medical Records: Even if you have treatment at a private hospital, it will still appear on your medical records. These records are vital in proving your claim and ensuring you receive compensation. They detail any treatments, complications and injuries.
• Medical Assessment: The negligent party’s insurance company will often ask you to attend a medical assessment. These assessments can prove your injuries and will ensure you receive adequate compensation.
• Expenses: Any expenses associated with your injuries form the special damages component of your private hospital negligence claim. Keeping detailed receipts makes it easier for your solicitor to secure compensation.
• Expert Statements: Your solicitor might recommend consulting with an independent medical expert. The specialist can review the care you received and make recommendations regarding compensation.

Once the solicitor has enough evidence to prove your case, they’ll calculate a realistic compensation amount and begin negotiations. Claims against private hospitals work differently from NHS compensation claims, as they go through the provider’s insurance company instead of NHS Resolution.

It’s also important to note that the solicitor will need to identify the organisation that owns the private hospital, which can be challenging if there are complex ownership structures in place. Your solicitor will need to navigate negotiations with the insurance company, which can be more complex than dealing with NHS Resolution.

Any employment arrangements create another layer of complexity. Some professionals working out of a private hospital might not be hospital employees, which means the solicitor will need to identify who to make the claim against.

Working with a highly experienced lawyer means you’ll have ongoing support throughout the private healthcare negligence claim.

Your solicitor’s primary goal is to ensure you receive the maximum medical negligence compensation claim possible, which means they’ll continue negotiations with the negligent party. While court proceedings are rare, they can happen if both parties fail to settle on compensation.

If your solicitor feels that court is the best way to secure compensation, they might advise on this route. However, you can always choose to settle for a lower amount if you want to avoid going to court.

Once both parties reach an agreement, the solicitor will deduct their fees from your compensation, and you’ll receive the rest of the money.

Any specialist medical negligence lawyer will tell you that these claims are complex, as they have to account for the negligence itself, any long-term effects, and financial damages.

Your Medical Negligence Solicitor

As many patients choose to pay for private treatment, the compensation amounts can often be higher than traditional NHS claims. Your solicitor will calculate an amount based on the following components:

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• General Damages: The negligence itself, any complications and long-term suffering.
• Special Damages: Any financial implications of your injuries, including being unable to work, travel costs, and home adaptations.

Using a compensation calculator can give you a general idea of how much money you might receive, but medical negligence solicitors will work out your claim based on the above damages.

Please note that the following amounts are estimates only and might not factor in the amount you paid for private treatment.

The general time limit for private hospital compensation claims is three years from the date of your injuries. Initiating your claim quickly gives your solicitor ample time to gather evidence and negotiate with the negligence party.

It’s vital to remember that these claims can sometimes drag on, and the last thing you want is to approach the cut-off date and have to settle for a lower amount.

If you suffer complications that lead to a coma, you’ll have longer to make the claim. Individuals who lack mental capacity can have someone claim on their behalf.

Yes, you can file a compensation claim on behalf of your child if they suffered negligent medical treatment. The child can also make a claim when they turn 18. They’ll have up to three years from this date to file for compensation.

If you’ve suffered negligence during private medical treatment, please call 0800 234 6438 or use the online form to discover whether you’re eligible. Your advisor will assess the case and determine whether your claim is likely to be successful.

They’ll then connect you with a solicitor who specialises in clinical negligence. Filing for compensation won’t make up for your suffering, but it can provide some much-needed financial support and hold negligence healthcare providers accountable.

There are many forms of private hospital negligence, but the most common include:

• Misdiagnosis: When a professional fails to identify your symptoms or interpret test results correctly, you can make a medical misdiagnosis compensation claim. These cases can cause severe complications and even loss of life.
• Surgical Errors: Unfortunately, surgical errors are more common than they should be, with examples including operating on the wrong side, damaging surrounding organs, and leaving surgical instruments inside the mode. Private surgical negligence claims can hold the surgeon accountable for their negligence.
• Hospital-Acquired Infections: Private hospitals should adhere to all hygiene standards, and failing to do so could increase the risk of infections. Some infections can even cause death, and all healthcare professionals must contribute to maintaining a sterile environment.
• Medication Errors: Errors involving medication—such as prescribing the wrong medicine, failing to identify potential reactions or administering incorrect dosages—can result in harmful consequences for the patient.
• Informed Consent: All patients have a right to be fully informed about the benefits, risks and alternatives to any private procedure. When a doctor fails to obtain this consent, and the patient experiences complications, it counts as negligence.
• Premature Discharge: When you pay for a private hospital, you expect a higher standard of care. If the hospital discharges you prematurely and you develop an infection or complications, you can claim compensation.
• Inadequate Aftercare: Patients require aftercare when they undergo outpatient or surgical treatment. Failing to provide this can result in long-term injuries and complications, which jeopardises recovery and can cause long-term disabilities.

UK residents have the right to free healthcare under the NHS, but long waiting times mean that many obtain private health insurance or are willing to pay a private hospital for treatment.

When you receive care from the NHS, you’re often on a waiting list, but private healthcare providers offer quicker treatment times.

All medical professionals—whether NHS or private—must adhere to strict regulations, and you can claim compensation if negligence occurs.

The main difference between these claims is who pays for your compensation. Private healthcare professionals and hospitals have liability insurance in place, and the company will handle the settlement.

Claims against NHS hospitals are settled by the NHS Resolution service. The service was set up specifically to deal with insurance claims, and they’re often settled quicker.

However, a professional solicitor can simplify your claim against a private facility and ensure you receive compensation.

The amount of time your compensation claim takes depends on numerous factors, including whether your solicitor can gather evidence and how receptive the negligent party is. While some private healthcare claims settle within a few months, others can take longer.

Your solicitor will keep you informed throughout the process and provide support, but it’s essential to have realistic expectations.

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About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.