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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Hospital claims: the facts


    There’s no denying that it can be a challenge to make successful hospital claims: the facts are often complicated, collecting evidence can be difficult and often people who have been in hospital have a confused picture of events themselves due to exhaustion, illness or medication. That said, at Accident Advice Helpline we’re so confident in the abilities of our medical negligence solicitors that we don’t even charge clients if their cases are lost. Hospitals are a place where everyone deserves to feel safe. When things go wrong, compensation claims can help to remedy the situation.

    Is there a time limit on making a hospital claim?

    The usual time limit for claiming is three years. People who are children at the time they are harmed, however, can claim any time after they turn 18 and before they reach the age of 21.

    Something went wrong during my operation, but it was a mistake. Can I still claim?

    Most of the cases we deal with are mistakes—it’s thankfully rare that people want to hurt each other. You have a right to be protected from the consequences of other people’s errors, so yes, you may be able to claim.

    I knew the operation was risky. Can I still claim?

    The law cannot protect you from simple bad luck. If you had the risks fully explained to you and knew what you were getting into, you will not normally be able to claim. If the risks were not explained, however, you may have a case.

    I was misdiagnosed

    Cases of misdiagnosis can be complicated. If you suffered due to receiving the wrong kind of treatment, or because treatment you urgently needed was delayed, you may have a right to compensation.

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    I was given the wrong medication. What should I do?

    If you received the wrong medication and it made you ill, or if you became ill because you didn’t receive the medication you had been prescribed, you may be able to claim. If you didn’t take the medication you were given or if you took it but it did you no harm, you probably can’t.

    I suffered nasty side-effects from medication

    Many medicines have unpleasant side-effects. If you were not warned about them or given information to read about them, or if the medicine was not a sensible choice for treating your symptoms, you may be able to claim.

    I caught an infection in hospital.

    If your infection can be traced to poor hygiene or inadequate care provision on the part of the hospital staff, you can claim. You should, however, be aware that the amount of compensation you are eligible for will depend on how severely you were affected.

    If I claim successfully, where will the money come from?

    The money for compensation payouts normally comes from the hospital or medical practitioner’s liability insurance. It does not come out of the patient care budget and it is very unlikely to put anyone out of a job.

    How can I find out more?

    Just give Accident Advice Helpline a call on 0800 180 4123 and we’ll be happy to give you advice on your specific situation, free of charge.

    Date Published: January 3, 2014

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.