Hospital Negligence Claims
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At Enable Law, we have years of experience getting people the compensation they deserve for their hospital negligence claims.
A hospital and its staff must fill many functions for the patients who rely on it for care.
Unfortunately, sometimes that complexity can result in errors from clinicians, or lead to the failure of vital equipment. If this happens, the effects on patients can be disastrous, even fatal.
If you’ve been impacted by hospital negligence, speak to our expert team to see if you have a claim. You may be entitled to compensation to help cover the costs created by your injury or trauma, whether that’s loss of earnings or the cost of hiring a carer. Get in touch today to start your claim and build your case with the help of our specialists.
Why Enable Law?
Our expert team of medical negligence solicitors have helped many clients with hospital negligence claims get the compensation they deserve. The compensation can be used to cover the costs of:
- Lost earnings
- Medical care
- Hiring a carer
- Emotional trauma
Call us today to start your hospital negligence claim.
NHS Equipment Failure
Hospitals rely on an extensive array of equipment to look after their patients. If this equipment fails, the outcomes can be wide-ranging and devastating. From malfunctioning refrigerators storing frozen sperm, eggs or embryos required for IVF, to medical equipment like MRI units and ECG monitors, any equipment could potentially be prone to failure.
These failures often fall under medical or hospital negligence claims. If you’ve been affected by an equipment failure like this, contact us now to find out how we can help.
We were able to secure an apology and compensation for Ian after faulty hospital equipment stopped him being able to have children of his own.
When Ian was in his late twenties, he began to feel unwell and was diagnosed with cancer. The hospital warned him that the treatment for his cancer was very toxic and would likely result in him being unable to father children naturally. Ian opted to have some of his sperm stored in a special freezer so that when he was ready to have children, he could do so via IVF. Unfortunately, the hospital staff did not maintain the refrigerator properly, and its failure caused Ian’s sperm to die.
Sadly, this had a real impact on Ian, who developed depression. This, in turn, resulted in him suffering a loss of earnings while having to cover medical expenses, in addition to the psychological injury.
Our specialist hospital negligence solicitors acted for Ian and many other men who had been affected by the freezer failure. Although the claim was sadly never going to enable Ian to have children of his own, we could secure compensation for him. Most importantly to Ian, the hospital apologised for their error.
What Counts as Hospital Negligence?
Hospital negligence is where injury, trauma or even death occurs as the result of negligent behaviour from the staff at the hospital. This can include:
- Acquired brain injuries
- Surgical negligence
- Hospital equipment failure
- Tension-free vaginal mesh damage
- Hospital deaths
- Cauda Equina
- Retained foreign object after surgery (such as a swab or surgical instrument)
When should I complain about hospital negligence?
You should complain within 12 months of the incident. If you have a good reason for taking longer, you may still be able to make your complaint. Sometimes hospitals will deal with late complaints even if you do not have a good reason for the delay. If you think your complaint may result in a compensation claim it’s a good idea to contact a solicitor as soon as possible too to avoid any delays. You typically have three years from the date of the negligence or from the point you were made aware of the negligence to claim compensation.
Who to complain to about a hospital?
You should make your initial complaint to the complaints team at the hospital. Each hospital will have an NHS complaints procedure they follow. You can ask for the details at the hospital reception or look on its website.
How do I complain about hospital negligence?
You can send a letter or an email. You can also complain verbally (in person or by telephone). The hospital should then record your complaints against your doctors and let you have a copy.
If possible, it’s better to make a written complaint. The Patient Advisory and Liaison Service (PALS) at the hospital may be able to help you with that. Try to be polite even if you feel upset.
Your complaint should include the following:
- Say that you are making a formal complaint and ask for an investigation.
- Tell the story of what has happened. Focus on what is most important to you. Try not to give so much detail that the important parts get lost.
- Where you can, give dates.
- Summarise the main things that concern you which you would like investigated. It is best to number the points to help the complaints team make sure each point is answered.
- Ask for an investigation and a written response within a set period. Five weeks is a reasonable period for a response.
Can I complain about a hospital on behalf of someone else?
You can complain on behalf of someone else, but you will need their written agreement. Ask them to sign a form which says:
‘I [give their full name] of [give their full address] born on [give their date of birth] authorise [give your full name] to make a complaint on my behalf. I agree to you giving confidential information about my condition and treatment to [give your name].’
What response can I expect after filing a complaint against a hospital?
You should receive a letter to acknowledge your complaint. The hospital may suggest a different timescale for its reply. There is no set timetable. Be reasonable in agreeing a time limit. You may then be invited to a meeting to discuss your complaint or you may be sent a detailed written reply.
If you are considering making a medical negligence claim, it is best to ask for a written reply. We can then look at it for you. If you prefer to go to a meeting, ask for minutes to be taken and given to you. We can also examine these for you.
What if I am not happy with the response?
If the hospital does not deal with your complaint or you are not happy with the response, you can complain to the Parliamentary and Health Service Ombudsman (or the Public Services Ombudsman for Wales).
During the course of a compensation claim you may also get more answers and force promises of more robust action to address your concerns too.
How do I make a hospital negligence claim?
If you feel you have a hospital negligence claim, contact our specialist team. We’ll assess your case free of charge to determine whether you have a claim or not. If you do, we’ll work with you to secure the compensation you deserve.
I want to make a medical negligence claim. Should I make a complaint first?
If you are thinking of making a medical negligence claim, we suggest you contact us before making a complaint. It may be helpful to complain, but it is best not to delay a claim. Investigating a claim takes time and it is better that we start sooner rather than later.
Will it cost me anything to ask you about a claim?
No. Please get in touch with our medical negligence solicitors and we will be happy to talk to you about whether you have a claim. We would like to help you if we can, and we will not charge you just to speak to us.
