If you or a loved one has suffered due to poor medical treatment in a hospital, you may be wondering: Can anyone make a hospital negligence claim? The short answer is yes—any individual who has experienced harm or loss due to substandard hospital care may be eligible to pursue a hospital negligence claim. However, there are important legal conditions that must be met before a claim can proceed.
What Is Hospital Negligence?
Hospital negligence refers to mistakes or substandard treatment provided by healthcare professionals in a hospital setting. It may involve doctors, nurses, surgeons, anaesthetists, or other staff whose actions—or inactions—lead to injury, illness, or a deterioration in your condition.
Common examples include:
Misdiagnosis or delayed diagnosis
Surgical errors
Incorrect medication or dosage
Infections due to poor hygiene
Inadequate post-operative care
Discharge without proper evaluation
These situations often form the basis for a medical negligence compensation claim.
Who Can Make a Hospital Negligence Claim?
1. The Injured Patient
If you were the person directly affected by the negligent care, you can make a hospital negligence claim. You must demonstrate that:
The hospital owed you a duty of care
This duty was breached
You suffered injury, illness, or financial loss as a result
2. Family Members or Legal Representatives
If the injured person is unable to claim themselves—due to age, mental capacity, or fatal injury—a family member or appointed legal representative may claim on their behalf.
Examples include:
Children: Parents or guardians can claim until the child turns 18. After that, the child has until their 21st birthday to bring a claim.
Lack of mental capacity: Claims can be made at any time without a time limit while the person lacks capacity.
Fatal hospital negligence: If someone has died as a result of hospital errors, close relatives such as spouses, children, or estate executors can claim under the Fatal Accidents Act 1976.
