Hospital negligence is injury due to medical negligence at a NHS hospital. An A&E doctor may miss a diagnosis of sepsis, or a surgeon could leave an item inside you after surgery, for you to have a hospital negligence compensation claim.

Every medical professional owes you a duty of care when treating you. A breach of that duty of care, causing an injury, may be medical negligence.

You make a compensation claim for the impact of hospital negligence by a medical professional on your life. In England, you sue the NHS for medical negligence when in hospital.

The Medical Negligence Team can make your No Win No Fee hospital negligence claim.

Hospital negligence

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What is a hospital negligence claim?

A hospital negligence claim is when you seek compensation for the effects of medical negligence on your life. You suffered the hospital negligence, and you deserve compensation for the pain and financial losses.

Hospital negligence happens every day in the NHS. The 2024 NHS Resolution statistics show how medical negligence is spread throughout the departments. Emergency Medicine sees 13% of all claims made, while General Surgery and Gynaecology are at the 6% mark. Orthopaedic Surgery is at 11.5% of all NHS hospital negligence claims, and Obstetrics at just over 10% of NHS claims.

If you are a victim of NHS hospital negligence, you may have a medical negligence compensation claim.

The Medical Negligence Team legal experts can make a claim when you suffer hospital negligence.

Common hospital negligence claims

Common hospital negligence claims range from A&E claims to falls in hospital claims and otolaryngology claims.

You make a hospital negligence claim against the NHS for the effects on you and loved ones of the medical negligence.

Types of hospital negligence compensation claims:

A&E negligence claims are for the lack of duty of care to you when in the emergency department.
Even if the A&E is busy or understaffed, you should be examined within a certain time and treated appropriately.
You could suffer a misdiagnosis of a broken leg, or a missed early diagnosis and treatment of a stroke due to medical negligence in the A&E department.

Ambulance negligence occurs when you suffer an injury while in an ambulance or while waiting for an ambulance to transport you to the hospital, particularly in an emergency. 

You may need emergency care due to a suspected heart attack, but a delay by the ambulance could put your life in danger.  

The paramedic must look for signs of sepsis and inform the A&E department if they suspect you are at risk of developing sepsis. 

Paramedics in the ambulance should treat you and hand you over to the hospital staff with a full medical report and a note of any medications administered.

Amputation claims in hospital negligence are for when the surgeon makes an error when amputating a limb or part of a limb. 

The surgical team may mark the wrong foot for amputation, or the surgeon may make an error reading the notes and remove the left instead of the right hand.

An amputation claim may also be for removing a body part when corrective surgery or other treatment may have been a valid alternative.

Birth injury claims are for those injuries to a baby or the mother that happen before, during and after the birth of a child in the hospital. 

The lack of oxygen during birth to the baby may cause Cerebral Palsy in a newborn baby. A brain injury caused by the misuse of birthing equipment can also lead to Cerebral Palsy. 

A birth injury to the mother claim may be for unnecessary vaginal tearing or damage to internal organs during a traumatic birth.

Consent to medical treatment claims are when the hospital staff fail to get informed consent from a patient before medical treatment. 

Lack of informed consent is a never event in NHS hospitals; yet, like other forms of hospital negligence, it occurs nearly every day. 

The consultant and medical staff should fully inform the patient of what the procedure involves, including any potential side effects of a medication and any alternative therapies.

Defective medical device claims are on the rise in NHS hospitals in England. 

The cardiologist may fit an incorrectly sized stent during heart surgery. An orthopaedic surgeon may fit the wrong-sized hip joint, resulting in pain for the patient. 

A defective pacemaker or defective neurological device could put a patient’s life in danger and could be medical negligence.

A failed sterilisation claim may come a number of years later when the patient becomes pregnant or a partner becomes pregnant after a vasectomy.

The patient may undergo sterilisation in a wish not to have children, or having children may put their life in danger. 

The failed sterilisation surgery can have many effects on an individual and their family.

Falls in hospital claims can happen to a patient or an outpatient attending an appointment at a clinic. 

The patient may fall on the wet bathroom floor of the ward or fall over another bed when not being supervised by nursing staff. 

Falls in hospital can be down the stairs when the patient wanders off the ward or from their bed when not being cared for properly.

Maternity negligence may affect both the mother and the baby, and may be a very traumatic medical negligence claim. 

Poor obstetric care, delays in delivering a baby, failure to administer an antibiotic post-delivery, failure to diagnose sepsis in a mother or to diagnose pregnancy diabetes can cause many injuries to the mother and the baby. 

When you or your baby suffers medical negligence in hospital, you could suffer long-term injury and may need to live with the effects for life.

Orthopaedic negligence claims come from medical negligence when you have a bone injury or you suffer when the surgeon is treating your orthopaedic injury. 

You may have a missed diagnosis of a broken leg and be living with the pain. The orthopaedic surgeon may reset a bone incorrectly or replace the left knee instead of the right one. 

You may have a hospital negligence claim for the errors by an orthopaedist. 

The radiology claim may be when the X-ray is taken of the wrong body part or the radiologist does not calibrate the equipment to take an accurate picture of a suspected injury. 

When in hospital, you expect your illness to be diagnosed and treated as soon and as accurately as possible, and radiology is a key diagnostic tool. 

If radiology equipment is not maintained and software is not upgraded, you may suffer radiology negligence.

The needle stick injury claim is when you are pricked by a used needle while in the hospital and could suffer a possible injury. 

You could contract a disease or suffer exposure to another medication through a needle stick injury. 

The used needle must be disposed of correctly, according to NHS guidelines, as staff and patients could suffer a needlestick injury.

Dermatology negligence claims are often for a misdiagnosis of skin cancer or the missed diagnosis of another skin condition.  

The dermatologist may dismiss a melanoma as nothing but a rash, though it could be the beginning of skin cancer. 

Prescribing an incorrect skin medication could cause a skin condition to worsen and may be very painful for the patient.

The Otolaryngology claim is for medical negligence by an Ear, Nose, and Throat specialist, also known as an ENT Consultant, in a NHS hospital. 

The ENT doctor may perform an incorrect treatment for a nose issue and cause the condition to worsen for the patient. 

Missing a cataract can affect the patient’s sight and could cause them to lose their eyesight over time.

Ear infections must be diagnosed promptly in patients, especially children, as untreated ear infections can have a lasting impact on hearing.  

If you receive care in a hospital at a level below which no other medical professional would provide care, then it may be a case of hospital medical negligence. 

The Medical Negligence Team solicitors can make a hospital negligence compensation claim for you.

Compensation for hospital negligence

Compensation for hospital negligence ranges from £10,000 in some cases to amounts of more than £10 million in the more severe cases, such as internal organ injury due to a surgical error or cancer diagnosis negligence. The average medical negligence payout by the NHS was £50,000 in 2024.

You can make a medical claim against a medical professional for their breach of duty of care when treating you.

Compensation in hospital negligence claims can be:

  • Misdiagnosis of a stomach ulcer in hospital – £32,900
  • Wrong-site surgery – £68,500

  • Cancer misdiagnosis and delayed treatment – £110,200

  • Missed diagnosis of cancer at an early stage – £315,700

  • Cerebral Palsy in a newborn child – £5.6 million

(All amounts are approximate and are only a guide to what is possible in any medical negligence claim. Figures can be high in some claims as the injured patient could need long-term care and may face medical bills for life due to the hospital negligence.)

You can claim for these care expenses and any medical costs in the future in a hospital negligence compensation case.

As in all medical negligence claims, each case is dealt with on its merits, taking into account the extent of the patient’s suffering due to the medical negligence. 

Your Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful hospital negligence compensation claim.

How to make a hospital negligence claim

To make a hospital negligence claim, you follow the steps from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.

Your medical negligence solicitor will guide you through the steps correctly and instruct you on how to gather all the necessary facts and figures for a hospital negligence claim.

Seek medical advice on the treatment or lack of care experienced when under the care of a consultant or any medical professional in a NHS hospital or any medical centre.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise whether you suffered medical negligence in a NHS hospital.

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.

You may have experienced hospital negligence, and you should receive all the compensation due for the suffering you have endured.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid compensation claim for hospital negligence.

The medical negligence team will know from your medical records if the case will likely result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask the NHS, usually through NHS Resolution, to admit the hospital negligence in what is known as ‘sending a letter of claim.’

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from NHS Resolution will move the compensation claim closer to a conclusion.

NHS Resolution will either admit to the medical negligence or state that they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.

If they admit liability, your medical negligence claim can be valued, and the two parties will meet to decide on the compensation payment.

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your hospital negligence claim.

Going to court happens, too, when they are not prepared to pay a fair amount for the damages suffered. Your medical negligence solicitor issues the court proceedings.

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

Make a hospital negligence claim today

Make a medical negligence claim today by contacting the Medical Negligence team. You or a loved one suffered injury due to medical negligence when in hospital, such as a misdiagnosis of diabetes, and you can claim compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for hospital negligence compensation.

We have a very high success rate and a reputation for a speedy and successful resolution of medical negligence claims.

Our 100% Compensation Guarantee puts all the money you win into your pocket.

Contact us at the Medical Negligence Team, and let us handle your hospital negligence compensation claim today.

Medical Negligence Claim Assessment

Take our 5-minute claim assessment to determine the strength and validity of your case. This is a 100% cost and commitment free service.

Hospital negligence FAQs

Hospital negligence FAQs can help address some of the common questions people have after suffering medical negligence. You may feel lost and wondering what to do, but with the answers to some medical negligence questions, you may have a better idea of how to claim compensation.

Some Frequently Asked Questions on Hospital Negligence:

You have three years to make a claim for hospital negligence and all medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence cases must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.

Parents of a child have until the child turns 18 to make a medical negligence claim. The claim can help cover costs such as medical care, adaptations to the house, and any car modifications.

If your child has suffered due to medical negligence, they typically have until they reach the age of 21 to start a medical negligence claim or court proceedings.

Persons with a disability, and who lack capacity, are not subject to any limitation period.

No, you are very unlikely to have to go to court with a hospital negligence claim.

The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side.

Your solicitor will want to keep the medical negligence claim out of court and get it settled in your favour as quickly as possible.

If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.

You may not need a medical negligence solicitor, but using a No Win No Fee medical negligence solicitor may be the only way to a successful compensation claim.

The medical negligence solicitor will have experience dealing with the NHS, NHS Resolution, and insurance companies when handling a medical negligence claim.

A solicitor will know the causes of the medical negligence, discover who caused the medical negligence and outline the effects of the negligence by a medical professional.

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

A No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.

A medical negligence calculator is a tool that provides an estimate of potential medical negligence compensation amounts.

Our medical negligence calculator is only suitable for giving you a general idea of what to expect when you make a compensation claim. It does not account for all aspects of your medical negligence case, nor give you the full amount of compensation due.

Only a medical negligence solicitor can look at your case thoroughly and give you an accurate estimate of the compensation you could receive.

Yes, you can make a medical negligence claim on behalf of a loved one. 

A child cannot make a medical negligence claim until they turn 18, but they may need the compensation now to cover their medical costs and treatment. You can make the claim.

You can make a medical negligence claim for the loss of a loved one due to a fatal error by a medical professional. In the case of a loved one who has a disability or suffered brain damage due to medical negligence, the dependents can make a compensation claim.

In any medical negligence case, those left behind or caring for an injured person who cannot claim are known as ‘dependents.’ 

The dependants who can claim compensation for medical negligence can be:

  • A spouse or former spouse 
  • Someone who lived with the injured person for two years before the injury as a husband, wife, or civil partner
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents 
  • Brothers, sisters, cousins, and other direct relatives

You can make a compensation claim for the impact of the medical negligence on your life and that of your family.

We fight for our clients!

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire