Here’s the full picture behind this week’s 60-second explainer, including how duty of care applies to private healthcare and the two types of damages you may be able to pursue.
The Short Answer
Yes, you may be able to claim against a private healthcare provider for mistreatment, misdiagnosis, or delays in treatment. It makes little to no difference whether care was provided by the NHS or privately: both owe you a duty of care, and a breach of that duty could mean you’re able to claim. This may include general damages, for the physical or emotional harm caused, and special damages, covering the financial losses that flow from the negligence, such as medical costs.
Does It Matter If the Care Was Private?
It’s a common assumption that private healthcare sits outside the usual rules, but the underlying legal position is the same regardless of who provided the treatment.
“Are you able to claim against a private healthcare provider for mistreatment, misdiagnosis, or delays in treatment? Absolutely.”
From the video, 0:07
“It makes little to no difference whether the healthcare provider is public, i.e. the NHS, or private. Both have a duty of care towards you, and any breach in this duty could mean that you can claim.”
From the video, 0:14
You can read more about medical negligence on our clinical negligence claims service page.
Can You Claim Back Medical Costs?
Where treatment is found to have been negligent, compensation isn’t limited to a single type of award. Two categories of damages tend to apply.
- General damages, covering the physical or emotional harm caused.
- Special damages, covering financial losses that flow from the negligence, such as medical costs.
“Yes, you can. There are two types of damages you can pursue. These are known as general damages, which is the award for the physical or emotional harm done, and special damages, which are the financial losses that flow from the negligence.”
From the video, 0:23
The Aim of Compensation
The underlying principle behind both types of damages is the same: to put you, as far as money can, back in the financial position you would have been in had the negligence not happened.
“The law aims to put you in the same position financially that you would have been, but for the negligence having happened.”
From the video, 0:31
Received Negligent Private Treatment?
Our team can help you understand whether your experience may support a claim, no cost, no obligation.
For a broader look at the claims process, see our How Medical Negligence Claims Work guide
Think You May Have a Claim?
Get in touch to find out more about claiming against a private healthcare provider.
Frequently Asked Questions
No. It is illegal for an employer to dismiss you or otherwise discriminate against you for making a personal injury claim against the company.
Employers are responsible for maintaining a safe working environment and taking reasonable steps to prevent injuries wherever possible, including providing appropriate equipment and training.
No. It is illegal for an employer to dismiss you or otherwise discriminate against you for making a personal injury claim against the company.
Ready to Take the Next Step?
Speak to our team today and find out exactly where you stand.
Conclusion
Whether your care was private or through the NHS, the duty owed to you as a patient doesn’t change. If something went wrong with private treatment, it’s worth finding out whether that duty may have been breached, and what you could be entitled to as a result.