| Key Takeaways |
|---|
| NHS hospitals owe patients a duty of care; failing that duty can give rise to a negligence claim. |
| Common examples include surgical errors, delayed diagnosis, and failures in post-operative care. |
| NHS Resolution handles claims against NHS trusts in England on behalf of the government. |
| You have three years from the date of negligence (or date of knowledge) to bring a claim. |
| Wolf Law provides expert medical negligence support with no win no fee arrangements available. |
Most people who receive treatment in an NHS hospital receive good care. But mistakes happen, and when they do, the consequences for patients can be severe and long-lasting. If you suffered harm because your hospital care fell below an acceptable standard, you have the right to seek answers and, where appropriate, compensation.
Hospital negligence claims are a form of medical negligence claim. They arise when an NHS trust or private hospital fails to provide the standard of care that a responsible body of medical professionals would consider acceptable, and that failure causes harm to the patient. The process for bringing a claim is regulated and well-established, but it requires careful preparation and expert legal support.
Common Types of Hospital Negligence
Hospital negligence can arise in many clinical settings and at many stages of treatment. Surgical negligence — operating on the wrong site, leaving instruments inside a patient, causing avoidable damage during a procedure — is one of the most serious categories. Delayed diagnosis or misdiagnosis of conditions such as cancer, stroke, or sepsis can cause life-changing harm when earlier intervention would have produced a better outcome.
Post-operative and ward care failures
Failures in post-operative monitoring, wound care, and medication administration cause a significant number of hospital negligence claims each year. Pressure sores developing due to inadequate nursing care, hospital-acquired infections resulting from poor hygiene standards, and adverse drug reactions caused by prescription errors are all situations that may give rise to a valid claim. If you believe your recovery was compromised by poor ward care, Wolf Law’s medical negligence team can help you assess your options.
The NHS complaints procedure is often the first step for patients who want to understand what happened during their treatment. A formal complaint can produce the clinical records and explanations needed to assess whether negligence occurred. Wolf Law can advise you on how to use the complaints process effectively as part of building your legal case.
How Hospital Negligence Claims Work
A hospital negligence claim requires independent medical expert evidence to establish two things: that the care fell below an acceptable standard, and that the substandard care caused the harm you suffered. Obtaining this evidence takes time, which is one reason why instructing a solicitor early is important. Wolf Law works with a network of independent medical experts who can review your records and provide objective assessments of your case.
NHS Resolution and the claims process
In England, claims against NHS trusts are handled by NHS Resolution, an arm’s length body of the Department of Health and Social Care. NHS Resolution investigates claims on behalf of NHS trusts and makes decisions about liability and settlement. The process typically involves letters of claim, disclosure of medical records, exchange of expert evidence, and negotiation. Many cases settle without going to court, but Wolf Law will represent you through every stage if proceedings are necessary.
Scotland, Wales, and Northern Ireland have their own arrangements for handling NHS negligence claims. Wolf Law advises on claims in England and Wales. The NHS Resolution website provides useful background on the claims process in England.
What Compensation Can You Recover?
Compensation in hospital negligence claims can be substantial, particularly where the negligence has caused permanent disability or reduced life expectancy. General damages cover pain, suffering, and loss of amenity. Special damages cover all financial losses flowing from the negligence, including lost earnings, the cost of private treatment to address the harm caused, care and assistance, and future costs.
Pursuing a claim for a deceased person
If a family member died as a result of hospital negligence, their estate and dependants may be entitled to bring claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 respectively. These claims can cover the deceased’s own losses up to the point of death, as well as the financial and non-financial losses of dependants. Contact Wolf Law to discuss how we can support your family through this process.
How do I get my medical records for a negligence claim?
You have a right to access your NHS medical records under the UK GDPR. You can request them directly from the hospital or GP practice. There may be a small administrative fee. Wolf Law will assist you in obtaining records and identifying the key documents relevant to your case.
Can I claim against a private hospital?
Yes. Private hospitals owe the same duty of care as NHS hospitals. Claims against private providers follow a similar process but involve the hospital’s own insurers rather than NHS Resolution. Wolf Law advises on claims against both NHS and private healthcare providers.
What if the hospital apologised — does that affect my claim?
No. A formal apology from a hospital or NHS trust is not an admission of legal liability and does not prejudice a subsequent claim. The Duty of Candour regulations require healthcare providers to be open and honest when things go wrong; this is separate from the legal question of negligence.
How long does a hospital negligence claim take?
Hospital negligence claims are typically among the more complex personal injury cases. Most take between two and four years to resolve, depending on the complexity of the medical issues and whether liability is disputed. Wolf Law keeps clients regularly updated throughout the process.
Is there a time limit for hospital negligence claims?
Yes. You have three years from the date of the negligent treatment, or from the date you first had knowledge that the harm was caused by negligence (whichever is later). For children, the period runs from their 18th birthday. Act promptly and contact Wolf Law as soon as possible.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
