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Hospitals should be a place of healing and recovery, but when negligence occurs, it can result in lasting physical and emotional damage. If you or a loved one has been a victim of hospital malpractice, it’s essential to seek the expertise of clinical negligence solicitors. 

Friends Legal specialise in hospital negligence claims, ensuring your rights are protected, and you receive the compensation you deserve. If you’re looking for immediate advice, contact our experts now

Understanding Hospital Negligence Claims

Hospital negligence happens when healthcare professionals fail to provide the expected standard of care, resulting in harm to the patient. 

Types of Hospital Malpractice

Hospital negligence can occur at any stage of a patient’s care, from diagnosis to follow-ups. Some common types of hospital negligence include: 

  • Misdiagnosis: When a healthcare professional fails to diagnose a patient’s condition correctly or misinterprets test results, leading to delayed or incorrect treatment. This can be particularly detrimental when it’s a misdiagnosis of cancer.
  • Surgical errors: Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient (also known as Never Events).
  • Medication errors: If you receive incorrect medication or the wrong dosage from a medical professional, and it causes you harm or adverse reactions. 
  • Infections and hospital-acquired conditions: Failure to follow proper infection control protocols that results in hospital-acquired infections or other preventable conditions, such as sepsis.
  • Birth injuries: Negligence during childbirth that causes harm to the mother or the baby, such as improper use of forceps or failure to monitor the baby’s distress. 
  • Lack of informed consent: Failing to adequately inform patients of the risks and potential complications of a particular treatment or procedure. 

Each case is unique, so it’s essential to consult with expert hospital negligence solicitors to assess the specific circumstances of your situation. 

How to Establish Negligence in a Hospital Claim

To succeed in a hospital medical negligence claim in Scotland, you must prove the healthcare professional failed to meet their duty of care, resulting in harm. This process involves gathering comprehensive medical evidence and expert testimonials to demonstrate that the negligence was avoidable and below accepted medical standards. 

If you’re thinking of suing a hospital for negligence, you must prove the follow: 

Duty of Care

It must be demonstrated that a duty of care existed between the medical professional and the patient. In a hospital, this duty of care is generally established when a healthcare provider agrees to treat a patient. 

Breach of Duty

You must show that the professional’s actions or omissions fell below the standard expected of a reasonably competent professional in the same field. 


It must be proven that the breach of duty caused harm or injury to the patient. This can be challenging and may require expert medical evidence to establish a link between the negligence and harm suffered. 


Finally, it must be demonstrated that the patient suffered actual harm or damages as a direct result of the negligence. These damages can include physical pain and suffering, emotional distress, loss of earnings, medical expenses, and any long-term consequences of the negligence. 

Establishing negligence in a hospital claim can be complex, requiring a thorough understanding of medical standards and legal principles. It’s essential to seek the guidance of a skilled hospital negligence lawyer who can navigate the legal process and gather the necessary evidence to support your claim. 

Compensation for Hospital Malpractice Claims

If you have been a victim of hospital negligence, you may be entitled to compensation covering medical expenses, pain and suffering, and loss of income. In 2022/23, the NHS paid out a total of £2.6 billion in clinical negligence compensation claims. 

The compensation amount received by patients varies and depends on factors like:

  • the severity of harm, 
  • the impact on life quality, and 
  • financial losses incurred due to negligence

No Win, No Fee 

Our commitment is to make legal assistance accessible to all who need it. Friends Legal’s ‘No Win, No Fee’ policy means financial constraints won’t hinder your pursuit of justice for hospital malpractice. 

Time Limits for Hospital Negligence Claims

In Scotland, the general time limit for a hospital malpractice claim is three years from when the negligence was known or occurred. Prompt legal consultation is, therefore, vital to ensure your claim is within the allowable time frame. 

It’s worth noting that if you want to file a formal complaint, you must do so within 12 months from the date of negligence or the date you discovered the negligence. 

Hospital Malpractice Legal Advice — Contact our Experts Today

Hospital negligence can have devastating consequences for patients and their families. If you or a loved one has experienced negligence in a hospital, it’s essential to seek legal advice to explore the possibility of making a claim. 

Hospital negligence claims can provide both compensation and a sense of justice, holding healthcare professionals accountable for their actions and ensuring that similar incidents are prevented in the future. 

Remember, you are not alone in this process. Our skilled solicitors are available to provide the support and guidance you need. Get in touch with us on 0333 3580 583 or via the online enquiry form

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