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Can You Claim For Poor Care In A Hospital?

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Last Updated 30th April 2026. Yes, you can claim for poor care in a hospital if this leads to you suffering avoidable harm. What we mean by this is any harm, such as physical trauma, hospital-acquired infections, or psychological distress, that would not have occurred if you had been given the correct standard of care. The compensation that may be paid for this type of claim will depend on the seriousness of the harm caused, as well as ongoing impacts such as loss of earnings from being out of work and the need for ongoing care and support. 

Advice has considerable experience handling poor hospital care claims, with our solicitors having already won millions in medical negligence compensation across thousands of satisfied clients. We can break down that tricky medical law language barrier and explain, in plain terms, how the claim will proceed. Our advisors will tell you in as little as a few minutes if your claim has merit, so we will never waste your time.

Our friendly and experienced advisory team are available to answer any questions 24/7. They can also offer an assessment of your eligibility to begin a claim for no charge. Speak to an advisor today via:

Browse This Guide

  1. Can You Make A Claim For Poor Care In A Hospital?
  2. What Does Receiving Poor Care In A Hospital Mean?
  3. How Much Compensation Could You Receive For Hospital Negligence?
  4. What Evidence Could Help You Claim For Poor Care In A Hospital?
  5. How Advice Can Help You After Poor Treatment In A Hospital
  6. Can I Make A Claim Against A Hospital On A No Win No Fee Basis?
  7. Learn More

Can You Make A Claim For Poor Care In A Hospital?

Medical professionals and healthcare providers have a duty of care to provide medical care that meets the correct standard to patients who are in their care. A failure to meet this standard can result in patients experiencing avoidable harm. What we mean by “avoidable harm” is harm that you would not have experienced had the correct standard of care been provided during your hospital visit.

The eligibility criteria for hospital negligence claims are as follows:

  1. A medical professional or the health care provider such as the hospital owed you a duty of care. Please note that when you become a patient of a practitioner or a hospital they then owe you this duty of care.
  2. The practitioner or hospital provided you with care that fell below the expected standard, therefore breaching their duty of care.
  3. This breach caused you to suffer avoidable harm.

It is important to note that poor care in a hospital will not always equate to medical negligence. Harm that was avoidable must have been suffered due to a breach in the duty owed to you as a patient. Therefore, please call our advisors today to have your case assessed for free.

What Is The Time Limit When Making A Claim For Poor Care In A Hospital? 

In most hospital negligence claims, a limitation period of 3 years is imposed from the date of the negligent action or the date you would have been first expected to connect the harm that you sustained with negligent medical treatment or care. This is called the date of knowledge.

Exceptions to the general limit can be made in cases where the patient is under 18 or lacks sufficient mental capacity. A suitable adult can apply to act as a litigation friend and pursue the hospital negligence claim on their behalf. If the injured party turns 18 or the person recovers their mental capacity and no claim has been made, they will then have 3 years to initiate legal proceedings. This is all stated in the Limitation Act 1980. 

To learn more about the time limit when making hospital negligence claims for poor care in a hospital, and to find if any exceptions are relevant to your particular circumstances, speak to an advisor via the details given above.

A clipboard with medical negligence written on it in bold lettering, a stethoscope and judge's gavel

What Does Receiving Poor Care In A Hospital Mean?

This section looks at what circumstances are classed as medical negligence. Poor hospital care can mean the care you receive during your hospital visit has not met the correct standard, but that may not always be the case. For poor care in a hospital to be classed as medical negligence, the circumstances must satisfy the criteria above. Below, we provide examples of medical negligence:

  • A doctor fails to adequately check your patient notes and prescribes a medication you have a known allergy to. This prescription error causes a severe allergic reaction.
  • Administrative errors resulted in your file being mixed up with another patient’s. This resulted in the misdiagnosis of your brain cancer. By the time your condition was correctly identified, it had spread.
  • You developed sepsis because the doctor at the hospital failed to notice the clear signs of the pneumonia that you were suffering from. This meant you received no treatment for the infection, which eventually led to the body developing sepsis.
  • You have experienced poor care when moving from one place to another or being put in an uncomfortable position, which resulted in you getting bed or pressure sores.

There are many other scenarios where you could be eligible to start a claim for negligent care in a hospital. To get a free assessment of eligibility to begin a hospital negligence claim, contact our advisors today.

How Much Compensation Could You Receive For Hospital Negligence?

Compensation following successful hospital negligence claims for poor care in a hospital can be awarded under two different heads of loss, these are:

  • General damages for the physical and psychiatric harm caused by the negligent hospital care.
  • Special damages for the associated monetary losses resulting from the medical negligence.

The legal team responsible for calculating a potential value for the harm you have sustained can refer to your independent medical assessment, as well as relevant figures from the Judicial College Guidelines (JCG). This publication details the guideline compensation amounts for different kinds of harm. We have used some of these figures, with the exception of the top entry, in the table below. 

Compensation Table

Please be aware that the amounts in this table have been included for guidance purposes only, as hospital negligence claims are decided on a case-by-case basis.

Type of HarmSeverityGuideline CompensationNotes
Multiple severe injuries with lost earnings, care costs and other expenses.Very SevereUp to £1,000,000 and aboveThe negligent medical care has caused multiple instances of severe harm, as well a loss of earnings, ongoing care costs and other special damages.
Injuries involving paralysisTetraplegia (a)£428,850 to £533,720Paralysis of the upper and lower body. Cases where the injured person has retained their senses, is not in physical pain and has life expectancy of at least 25 years but requires support with bodily functions will attract an award in the middle of this bracket.
KidneyLoss or Serious Damage to (a)£223,800 to £277,980The loss of, or lifelong serious damage to both kidneys.
BowelsTotal Loss of Function (a)Up to £243,350Total loss of natural bowel and bladder function resulting in double incontinence and other complications.
Epilepsy Established Epilepsy: Generalised Motor or Tonicclonic Seizures or Focal Seizures (a)£72,440 to £198,320Awards for epilepsy are dependent on factors such as: the extent to which medication can control attacks, behavioural issues, the impact on work and social life and the condition's prognosis.
BladderLoss of function (b)Up to £185,840Complete loss of natural bladder function and control
Neck InjuriesSevere (a)(ii)£86,860 to £172,970 Cases where there have been serious fractures in the cervical spine giving rise to serious disabilities such a substantial loss of neck movement and limb paralysis.
Back Injuries Severe (a)(iii)£51,230 to £92,130Soft tissue injuries, disc fractures or lesions causing continuing pain and discomfort, impaired agility and sexual function and psychological injuries.
Digestive SystemNon-traumatic Injury (b)(i)£50,770 to £69,360Acute pain, vomiting, diarrhoea and fever resulting from severe toxicosis. Hospital admission for days or weeks will be necessary and continuing symptoms of irritable bowel syndrome and incontinence will be present.
Injuries to the Pelvis and HipsModerate (b)(i)£35,130 to £51,750Significant injury that does not result in major permanent disability or risk of future disability.

Special Damages

Certain costs you incur as a result of the harm caused by the negligent treatment can be awarded under special damages in your hospital negligence compensation settlement. This can include your lost earnings, as well as costs for care, prescriptions or transport to and from work.

Claiming special damages will require you to submit supporting evidence, so ensure you hold onto financial documents such as your payslips, care invoices and receipts as proof of the costs you have incurred.

For a more in-depth estimate of what your potential hospital negligence claim could be worth, talk to our advisors today. You can speak to a team member 24 hours a day using the contact information provided below.

What Evidence Could Help You Claim For Poor Care In A Hospital? 

Evidence is used to prove that medical negligence occurred and the effects this had on you. Examples of evidence you could use as part of your claim for poor care in a hospital are:

  • Medical records, such as copies of any scans, the results of tests and your patient notes. These can be used to highlight the negligent treatment that took place, as well as any additional treatment you required as a result of the medical errors.
  • Keeping a diary during your treatment, making particular reference to your physical and psychological symptoms can be very useful in showing the effects of the negligent medical care.
  • Persons who attended your hospital visit with you can provide a witness statement during the claims process, so be sure to collect their contact details.

The Bolam Test

In some medical negligence claims, the Bolam Test may be applied. This is where a panel of medical professionals from the relevant field assess the care you received and decide whether or not it met the correct standard.

The test’s usage is decided on a case-by-case basis, and you won’t be organising this yourself. However, you can use any findings from the test in your body of evidence if it is used.

The evidence you collect needs to show that the correct standard of care was not given during your treatment and that this resulted in your suffering avoidable harm. While you may be dissatisfied with the hospital treatment you received, you cannot begin a claim if the correct standard was met.

Our experienced medical negligence solicitors could assist you with collecting supporting evidence for your medical negligence claim. Talk to our advisors today for a free consultation regarding your eligibility to pursue legal action. If eligible, a solicitor from Advice could take up your case and help build a strong body of supporting evidence.

Calculator and stethoscope representing a medical negligence calculator

How Advice Can Help You After Poor Treatment In A Hospital

Advice’s solicitors have a deep understanding of the complexities involved in poor care in a hospital compensation claims, inside and out. With years of experience handling such cases, we recognise that medical negligence goes beyond a failure of care. It is a breach of trust, and we know how difficult it can be to deal with being let down by a healthcare provider who should have treated you with care, respect, and dignity.

So, we build a service around you by getting to know your case, your specific needs, and the impact of inadequate hospital care on you. While you focus on your recovery, Advice will manage all the heavy legal lifting on your behalf. Here are just some of the services we offer:

  • Connecting you with trusted care specialists to ensure you get the rehabilitation support needed to manage the long-term impact of poor hospital care.
  • Explaining all the technical legal language to you and keeping you up to speed on how the clinical negligence claim is progressing.
  • Working out a compensation figure that reflects the severity of the harm you experienced while in hospital, as well as any related financial losses.
  • Assisting you with gathering evidence proving you received substandard care, including hospital records detailing clinical notes, test results, reasons for admission, and information about your discharge. 
  • Negotiating with the healthcare provider’s legal representatives on your behalf and ensuring compliance with all relevant deadlines. 

You can find out more about how Advice will support you by getting in touch with our advisors today.

Can I Make A Claim Against A Hospital On A No Win No Fee Basis?

Yes, you can make a claim against a hospital with us on a No Win No Fee basis under a specific contract called a Conditional Fee Agreement (CFA). The CFA ensures our solicitors do not charge any service fees before or during the claims process. They also do not charge these fees if a case fails, giving our clients peace of mind when hiring expert legal representation. 

If the claim succeeds, your solicitor will charge a success fee as a legally capped percentage of the compensation under The Conditional Fee Agreements Order 2013. This cap further puts the advantage in your favour if you choose to pursue your claim with Advice.

Our friendly and experienced advisory team are available to answer any questions 24/7. They can also offer an assessment of your eligibility to pursue legal action for no charge. Speak to an advisor today via:

A No Win No Fee solicitor with a set of scales and gavel

Learn More

You can read more of our medical negligence claims guides here:

We have included these links to external resources you may find useful:

Thank you for reading our guide to a clinical negligence claim for poor care in a hospital.

You can speak to our advisors 24 hours a day if you have any questions regarding how to claim compensation. They can also provide a no-cost, zero-obligation assessment of your eligibility to begin a claim. Get in touch today via the contact details provided above. 

Meet the Team

  • Gemma Shields Specialist in RTAC

    Chartered Legal Executive | Road Traffic Accident Claims Specialist

    Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

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