When you enter a hospital, you rightly expect to receive safe, competent, and compassionate care. Unfortunately, medical mistakes can and do happen. In Birmingham and across the UK, patients who experience negligence in a hospital setting often suffer physical, emotional, and financial consequences. If such an incident has happened to you or a loved one, you may have the right to pursue a hospital negligence claim.
This guide will help you understand what hospital negligence is, how it applies in Birmingham, what steps to take, and how Marley Solicitors can support your journey towards justice and compensation.
What is hospital negligence?
Hospital negligence refers to substandard care provided by medical professionals within a hospital setting, which directly causes injury, harm, or worsened health outcomes. This can be due to a mistake, oversight, delay, or omission.
In Birmingham’s NHS and private hospitals, negligence can involve doctors, nurses, surgeons, anaesthetists, or other healthcare staff. It is not enough to simply be unhappy with care, the law requires that the care fell below accepted medical standards and caused harm as a result.
Examples of hospital negligence
Some common examples of hospital negligence that could lead to a claim include:
- Misdiagnosis or delayed diagnosis of a serious condition
- Medication errors (e.g. incorrect dosage or wrong drug administered)
- Inadequate monitoring after a procedure or operation
- Birth injuries affecting the baby or mother
- Hospital-acquired infections due to poor hygiene
- Falls or injuries due to lack of supervision or unsafe conditions
Each case is different, and establishing negligence often requires medical evidence and expert analysis.
The legal basis for hospital negligence claims
Under UK law, patients have the right to receive a reasonable standard of care. When this duty of care is breached, and harm results, there may be grounds for a medical negligence claim. These claims are typically based on three key elements:
- Duty of care: The hospital or medical professionals owed you a duty to provide competent care
- Breach of duty: The care you received fell below the acceptable standard
- Causation: This breach directly caused you harm or worsened your condition
Our solicitors at Marley Solicitors in Birmingham work closely with medical experts to gather evidence that supports each of these points.
Time limits for making a claim
In England and Wales, you usually must wait three years after the date of the negligent incident, or from the date you became aware of it to start legal proceedings. However, there are exceptions:
- Children can make a claim up until their 21st birthday
- Those lacking mental capacity may have no time limit unless they regain capacity
If you are unsure whether you are within the time limit, contact our Birmingham-based team.
Why choose Marley Solicitors in Birmingham?
At Marley Solicitors, we are proud to represent clients in Birmingham and the surrounding areas who have been affected by hospital negligence. Here is why many people turn to us for legal help:
- Local knowledge: We are based in Birmingham and understand the workings of local hospitals, NHS Trusts, and care providers
- Specialist experience: Our medical negligence solicitors have successfully handled a wide range of complex hospital claims
- Client-focused service: We provide clear advice, regular updates, and support at every step of your claim
- No win, no fee: Most of our hospital negligence cases are funded on a no win, no fee basis, meaning there is no financial risk to you
What compensation can you claim?
Hospital negligence claims are designed to compensate you for both the physical and financial impact of the harm you have suffered. A successful claim can cover:
- Pain, suffering, and loss of amenity
- Past and future medical expenses
- Rehabilitation and therapy costs
- Loss of income or earning capacity
- Travel and care expenses
- Adaptations to your home or lifestyle
In some cases, you may also be entitled to compensation for the impact on your mental health or for loss of life expectancy.
The claims process with Marley Solicitors
Our solicitors follow a clear and structured process to give your claim the best chance of success:
- Initial consultation: We discuss your experience and provide a free, no-obligation case assessment
- Investigation: We obtain medical records, expert opinions, and witness evidence
- Letter of claim: We formally notify the hospital or NHS Trust of your intention to claim
- Negotiation: We seek to resolve the matter through settlement, often without going to court
- Litigation: If necessary, we represent you in court proceedings to pursue fair compensation
Throughout the process, we aim to handle everything on your behalf, so you can focus on recovery.
Hospital negligence in Birmingham: Know your local context
Birmingham is home to several major hospitals, including Queen Elizabeth Hospital Birmingham, Heartlands Hospital, and Birmingham Children’s Hospital. While these institutions deliver high standards of care overall, they are not immune to systemic issues, staff shortages, or human error.
If you have experienced negligence at a hospital in Birmingham, whether NHS or private; our local team can help you gather the evidence needed and navigate the specific procedures of each hospital trust or private provider.
Questions that are asked regularly about hospital negligence claims
Can I claim on behalf of a loved one?
Yes. If your loved one has died or is unable to bring a claim due to age or capacity, you may be able to act on their behalf as a ‘litigation friend’.
Will I need to go to court?
Most hospital negligence claims are settled out of court. However, if liability is disputed or a fair offer is not made, your case may go to trial. We will support and represent you throughout.
How long does a claim take?
The duration varies depending on complexity, but most claims take between 12–36 months. We aim to resolve matters as quickly and efficiently as possible.
How do I start a claim?
Simply contact our Birmingham office. We will listen to your story, review your case, and explain your legal options clearly.
Speak to a hospital negligence solicitor in Birmingham today
If anybody you know or love has suffered harm due to hospital negligence in Birmingham, do not suffer in silence. You may be entitled to compensation and support. At Marley Solicitors, we are committed to helping you access justice with confidence and compassion.
Contact our Birmingham team today for a free consultation. We are here to help you move forward.
