Suing Private Healthcare Providers for Medical Negligence: A Brief Summary of Everything You Need to Know

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Private healthcare is often chosen for its perceived speed, comfort and quality. However, like all medical treatment, mistakes can happen. Whether it’s a misdiagnosis, surgical error, medication mistake, or failure to provide proper aftercare, patients may be harmed through no fault of their own.

If you’ve suffered an injury while receiving care at a private hospital, clinic, or through a private consultant, you may be entitled to compensation for medical negligence. Step Legal Solicitors specialise in representing patients in these situations, helping them secure the compensation they deserve.

This article explains how to pursue private medical negligence claims in England and Wales, the evidence required, and how Step Legal can assist throughout the process.

What Is Private Medical Negligence?

Medical negligence occurs when a healthcare provider breaches their duty of care, causing injury, harm, or loss. This applies equally to private healthcare providers as it does to NHS hospitals.

To prove medical negligence, you must show:

1. Duty of care: The private hospital, clinic, or practitioner owed you a duty to provide safe and competent care.
2. Breach of duty: The care fell below the standard expected of a reasonably competent practitioner.
3. Causation: The breach directly caused your injury or worsened your condition.
4. Damages: You suffered harm that can be compensated, such as physical injury, emotional distress, or financial loss.

Step Legal Solicitors have extensive experience gathering evidence and instructing medical experts to demonstrate these elements in private healthcare claims.

How Suing a Private Provider Differs from NHS Claims

Many assume medical negligence claims only apply to NHS hospitals. While the principles are the same, suing a private provider has some differences:

• Insurance: Private hospitals usually carry professional indemnity insurance, which covers negligence claims. Step Legal ensures that your claim is properly directed to the correct insurer.
• Patient contracts: Private patient agreements do not prevent you from pursuing legal action if negligence occurs.
• Regulation: Private providers are regulated by the Care Quality Commission (CQC), but CQC action does not replace your right to compensation.
• Documentation: Private providers often keep detailed patient records, which Step Legal can use to strengthen your case.

Common Examples of Private Medical Negligence

Negligence can take many forms. Step Legal handles claims arising from:

• Surgical errors: Mistakes during surgery, operating on the wrong site, or incorrect procedures.
• Misdiagnosis or delayed diagnosis: Failure to identify conditions like cancer, infections, or heart problems.
• Medication mistakes: Wrong medicine, incorrect dosage, or failure to consider drug interactions.
• Birth injuries: Injuries to mother or baby due to monitoring failures or delayed interventions.
• Dental or cosmetic errors: Mistakes in private dental or cosmetic procedures.
• Consent failures: Patients must be fully informed about risks before treatment.

Even high-end clinics can make errors; Step Legal ensures victims have access to experienced private medical negligence solicitors who understand these complex cases.

Who Can Be Sued?

A claim can be made against:

• The private hospital or clinic itself
• Individual doctors, surgeons, or consultants are responsible for your care
• Nurses, midwives, or other staff directly involved

Most claims are ultimately settled with the provider’s insurance company, but Step Legal guides clients through the entire process, ensuring the responsible parties are held accountable.

Evidence Needed for a Claim

Step Legal works to gather all the evidence necessary for a strong case, including:

• Full medical records and treatment notes
• Test results, scans, or imaging
• Independent expert medical reports
• Witness statements, if relevant
• Documentation of financial and other future losses

Independent expert opinions are essential to prove that the private healthcare provider breached the standard of care.

Time Limits for Claims

In England and Wales:

• Civil medical negligence claims: Usually must be brought within three years of the date of the injury or the date you became aware of it.
• Claims for children: The time limit typically begins on the child’s 18th birthday.
• Claims for those lacking mental capacity: Courts may allow an extended or delayed claim.

Step Legal acts promptly to preserve evidence and maximise the chances of a successful outcome.

Compensation You Could Claim

Compensation can cover:

General Damages

• Pain, suffering, and loss of amenity
• Emotional distress or psychological trauma
• Permanent scarring or disfigurement

Special Damages

• Loss of earnings or future earning potential
• Costs of medical treatment, rehabilitation, or therapy
• Travel and care expenses
• Long-term care or adaptations for serious injuries

Step Legal Solicitors provide expert guidance on maximising compensation for both the immediate and long-term effects of negligence.

No Win No Fee Claims

Step Legal offers No Win No Fee arrangements, meaning:

• No upfront legal fees
• No fees if the claim is unsuccessful
• Fees only taken from your compensation if the claim succeeds

This ensures that victims can pursue justice without worrying about prohibitive legal costs.

Complaints vs Legal Action

Patients harmed by private healthcare have several options:

• Formal complaints to the hospital or clinic
• CQC reports or investigations
• Civil claim for negligence the only route to financial compensation

Step Legal can guide clients through complaints procedures while simultaneously preparing their legal claim, ensuring no rights are lost.

Settling or Going to Court

Most private medical negligence claims are settled out of court. Step Legal can negotiate settlements, including interim payments for ongoing treatment. Court proceedings are usually only needed if:

• Liability is denied
• Insurers refuse a fair settlement
• Injuries are complex or life-changing

With Step Legal, clients benefit from expert legal advice at every stage of negotiation or litigation.

Why Choose Step Legal Solicitors

Step Legal Solicitors specialise in private medical negligence claims, offering:

• Free initial consultations to assess your case
• Expert guidance on gathering evidence and medical expert reports
• No Win No Fee funding options
• Negotiation and litigation expertise for maximum compensation

With experience handling complex private healthcare cases, Step Legal provides support, guidance, and reassurance throughout the process.

Final Thoughts

Medical negligence can have long-lasting physical, emotional and financial impacts. Private healthcare providers in England and Wales are legally accountable for harm caused by substandard care.

Step Legal ensures that victims have the expert legal support they need to pursue compensation, whether through settlement or court proceedings. If you or a loved one has suffered due to private medical negligence, contact Step Legal today to explore your options and take the first step toward justice.

So, if you’re looking for solicitors who combine expertise and technical knowledge with compassion and unwavering determination, Step Legal is here to help.

Contact us at 0800 195 6412 today.You can also make an enquiry through our email: enquiries@steplegal.co.uk