Medical Negligence in private hospitals

From time to time, we get asked if patients who have opted for private medical care can make a medical negligence claim when things have gone wrong - the simple answer is yes, although the process is a little different to NHS patients.

Complaints against private hospitals

In privately-funded cases, in the first instance, it is often helpful to make a complaint to the healthcare provider who treated you as they typically have their own complaints procedure.

If are not satisfied with their response, then the Independent Sector Complaints Adjudication Service (ISCAS) has a Complaints Code of Practice to help.  Furthermore, you can make a complaint to the Care Quality Commission (CQC), an independent body who inspect and regulate both the NHS and private healthcare providers.  You may be able to resolve your complaint satisfactorily through these means however, in the event that these are exhausted and you still have concerns you may wish to make a medical negligence compensation claim.

Can I claim for medical negligence against a private healthcare provider?

If the medical care you have experienced falls below acceptable standards you can make a medical negligence claim against your private healthcare providers, as would be the case with the NHS.  Your claim may be for any number of reasons including:

• birth injuries
• delayed diagnosis
• misdiagnosis
• prescribing and medication errors
• surgical mistakes
• errors in your treatment
• incorrect treatment

If your care falls below the standard expected of a ‘reasonably competent and skilful professional’, whether you are treated by the NHS or privately this qualifies as a ‘breach of duty’ and you may be able to bring a medical negligence claim.

Making a medical negligence claim

Medical negligence occurs when that healthcare professional provides care that falls below the accepted standard, causing harm or injury to the patient and to back up your claim you will need evidence.

Sometimes in cases, we find that there is more than one private organisation involved in your care and treatment. However we do all the investigations on your behalf and the healthcare providers will be covered by their own insurance company or professional body, and your claim will be directed towards them.

Medical Negligence Solicitors

Your medical negligence solicitor will talk to you about your case and obtain your medical records from the private healthcare provider, this is the same as any NHS case and your records will include your consultation notes, treatment records, test results, and any correspondence.

Also included are any financial records, obviously in privately paying cases these are a little more extensive and we advise clients to keep records of all costs related to the negligence, such as additional medical expenses, travel costs, and lost earnings.

If applicable, gather statements from your family members, friends, or other healthcare professionals who can support your claim, as well as other medical correspondence including emails, letters, and notes from phone calls.

We will consult medical experts and other healthcare professionals to assess the harm caused by the alleged negligence. This independent evaluation is crucial for supporting your claim.

“Whether you’ve been treated in a private hospital or your local NHS hospital if you have been harmed by that treatment you may need compensation to get on with your life,” said Medical Negligence Solicitor, Daniel Phelps.

“We work with many clients whose private healthcare has failed them and, on their behalf, if there is a case to answer we will fight their corner.  We draft a Letter of Claim to the private healthcare provider outlining the details of the alleged negligence, the injuries or harm suffered, and the compensation sought,” he added.

“The healthcare provider usually has four months to respond to this letter and many of our cases are settled out of court with liability admitted.  We will negotiate a settlement on behalf of our clients, and this includes compensation for general damages (pain, suffering, and loss of amenity), as well as special damages (financial losses, medical expenses, and future care costs).”

“If a settlement cannot be reached, we may advise taking the case to court and will of course represent you all along the way in court proceedings,” he added.

The time limits for both types of cases are the same and you typically have three years from the date of the negligence or from when you became aware of it to make a claim.

Duty of care in private healthcare

In order for the treatment provided to you to have breached a duty of care the Pearson Medical Negligence team need to establish that there was a duty of care. In cases of treatment at a private hospital this is sometimes a contractual duty as you are their customer and would have certain expectations as to the outcome. If this outcome isn’t met it may be possible to claim damages, subject to the terms of the contract.

Informed Consent

Often in the private setting, it can be difficult to obtain informed consent. You may feel that a procedure is being ‘sold’ to you and in those circumstances we always advise getting as much information as possible regarding the risks and benefits of a procedure, as these may have not have been provided in order to make the sale. If you’re not fully aware of all the possible outcomes and risk, then you may not have given informed consent to the procedure.

“Making a claim for medical negligence in private healthcare involves careful documentation, expert medical advice, and legal support from a specialist solicitor. By following these steps, you can navigate the process effectively and work towards obtaining the compensation you deserve for the harm suffered,” added Daniel.

How can we help?

For legal advice on making a medical negligence claim against a private hospital or healthcare provider contact us on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.