Hospital Negligence Claims
Solicitors for Hospital Negligence Claims
When you go to a hospital for medical treatment, you expect a certain level of care.
Yet receiving substandard care could result in a medical mistake. This could cause you serious long-term damage, illness or injury.
If this happens, you may be entitled to a compensation award from a Hospital Negligence Claim.Call our Personal Injury Team Call our Personal Injury Team
Making a hospital negligence claim
Claiming compensation as a result of negligent treatment can be made against any NHS Trust or private hospital.
Usually, cases are usually the result of medical negligence. This happens when a doctor, nurse or other healthcare professional makes a mistake. For example, failing to diagnose a healthcare problem, diagnosing the wrong condition or delaying a diagnosis of a condition.
Rotheras has a team of expert medical negligence solicitors. We are regulated by the Solicitors Regulation Authority. Our team can help you make a claim against any injury you sustained from your hospital treatment.
How do I claim for hospital negligence?
It is possible to make a claim yourself through official complaint channels of the NHS or private hospital institution. However, these can be extremely complicated and costly. Failing to provide the right evidence or information can delay your claim.
As a result, this could impact the amount of compensation you receive or even have your claim dismissed.
But, an experienced medical negligence solicitor will be able to help investigate your negligence case further. They will know what evidence and information to collect to build a strong case for your claim.
This will give you a better chance of receiving the compensation you deserve. Furthermore, our solicitors are able to work on no win no fee basis. This means that if your claim is unsuccessful, you may not have to pay a penny towards your legal fees. Potentially making it a more cost-effective way to make a claim.Information on No Win No Fee
Is there a time-limit for making a claim?
Yes. Hospital negligence claims, like all personal injury claims, have a three-year time limit. This means that a claim must be made three-years from when the injury happened.
However, there are exceptions to this rule. Should the injury party be a child, claims must be made before their 18th birthday. There is also an exception for anyone who has suffered a mental disability as a result of their injury. For these cases, the time period does not apply until (or unless) they recover from their disability.
In these cases, it is also possible for a parent or relative to make the claim for them.
But, it is recommended you approach us as soon as the injury occurred. This is because medical negligence cases can be overly complex. As a result, approaching us soon after the injury grants us more time to investigate your case to you secure a positive outcome.
How much compensation can I get for hospital negligence?
The compensation you can be awarded for hospital negligence is similar to that from clinical negligence claims.
That is to say that any compensation you receive will be for any injuries or losses you have suffered as a direct result of the injuries sustained.
Calculating the amount you are awarded could be based on:
- payment for any ongoing treatment
- adaptations to your home
- any equipment you may require
- loss of earnings from your employment
- impact on your quality of life
- any pain or suffering you are having
What kind of negligence can I claim for?
There are many different types of medical negligence claims that can be made against a hospital. Therefore, each case is unique, and it is difficult to highlight every potential claim that could be made.
However, there are many similarities in the cause of the injury:
- Were you given the wrong diagnoses?
- Was there a delay in diagnosing your condition?
- Did your routine operation go wrong?
- Were you informed beforehand of the risks?
- Did the hospital equipment fail to function properly causing your injury?
- Do you work for a hospital and they have failed to provide the correct Personal Protective Equipment? (PPE)
If you answered yes to any of these, then you may have a hospital negligence claim.
Contact our team of solicitors today and arrange a free initial meeting to discuss your case in more details.
Common Claims: Spinal Surgery (lumbar decompression surgery)
Spinal surgery is a major operation and is only recommended when non-surgical treatments haven’t resolved the problem or aren’t suitable.
This spinal surgery is often used to treat:
- a slipped disc and sciatica (where a damaged spinal disc presses down on an underlying nerve).
- Spinal injuries such as a fracture or swelling – often caused as a result of a road traffic collision or fall from height.
- Spinal stenosis – narrowing of a section of the spinal column, which puts pressure on the nerves inside
Common Claims: Cauda Equina Syndrome (CES)
The collection of nerves at the bottom of the spinal cord are called the cauda equina. The cauda equina communicates with your brain, sending nerve signals back and forth regarding the sensory and motor functions of your lower limbs and the organs in your pelvic region.
If these nerve roots become squeezed and if urgent investigation and treatments are not carried out, you can develop a condition called cauda equina syndrome (CES).
The condition can arise gradually, over the course of several weeks or months, or extremely suddenly, over the space of a few hours.
As a result, early recognition and diagnosis of CES is vital. Without emergency surgery, permanent disability can occur quickly after the patient begins having symptoms.
Negligence can occur if:
- There are delays undertaking urgent or appropriate investigations,
- failure to examine the patient properly or
- incorrect diagnosis.
CES can also occur as a result of decompression surgery or failure to treat postoperative complications.
Common Claims: Pregnancy, Birth, Kernicterus
Childbirth is now safer than ever before. But unfortunately, when something does go wrong it can devasting for the family.
Injuries that can occur to the baby include:
- Cerebral Palsy,
- Brain injury due to lack of oxygen
- Fractures and broken bones,
- Cutting and bruising from forceps,
- Hip dysplasia
- Kernicterus – Whilst not common, a baby can suffer as a result of complications due to jaundice.
Kernicterus is rare, but some new-born babies affected by Kernicterus are left with permanent brain damage often caused by a failure to treat jaundice quickly.
The mother can also suffer birth injuries and some common injuries include perineal tears both third and fourth degree, fissures and injuries to organs following a caesarean section. In addition to the physical injuries’ mothers can also pursue a claim for the psychological injury suffered.
GP claims, Pharmacy and Dental claims
Often claims against GPs are due to incorrect diagnosis or investigation resulting in delayed treatment. Claims can as result from a failure to refer to a specialist, failure to attend a home visit or poor record-keeping.
Pharmacy claims are often as a result of a mistake when dispensing medication. Other commons problems include but are not limited to administering errors or providing incorrect instructions regarding the use of the medication.
Dental Negligence claims are caused by misdiagnosis or negligent treatment when carrying out a common procedure such as extractions or implants.
Incorrect Personal Protective Equipment (PPE) to medical staff
It is a legal requirement for your employer to provide you with appropriate Personal Protective Equipment (PPE) for you to carry out your job safely. This is not different for medical staff in any setting.
If you are a medical staff who has not been provided with the correct PPE to complete your job, this could have a negative impact on your health and safety.
The dangers of not providing appropriate PPE have never been more stark following the recent Covid 19 outbreak. Click here to find out more on our dedicated PPE page.
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Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
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Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
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Chambers UK, 2020
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Greg qualified as a solicitor in 2006 and has specialised in Personal Injury for more than 14 years. He acts for clients who have suffered life changing injuries. Greg also specialises in cosmetic and clinical negligence claims.
Paul Smith is a Personal Injury Solicitor at Nottingham-based law firm Rotheras Solicitors; he has 19 years’ experience working as a Personal Injury solicitor, covering a broad range of injury cases.
Jasmine Jackson is a Solicitor in the Personal Injury and Clinical Negligence department at Rotheras and is based at our Lace Market Office.
Rebecca is a Senior Paralegal in the Personal Injury department at Rotheras and is based at our Lace Market Office
Eva Best is a Paralegal in Rotheras’ Personal Injury department and is based at our Lace Market office in the heart of Nottingham City Centre.
Hannah Manewell is a Personal Injury Solicitor at Nottingham-based law firm Rotheras Solicitors and has spent the entirety of her 13 year career working in Personal Injury, covering a broad range of injury cases.
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