Can You Claim Against a Private Hospital for Negligence?

Many people assume claims against private healthcare providers work differently to the NHS, but that’s not really the case. In this week’s Legal Minute Monday, we cover duty of care in private healthcare, and what you may be able to claim back if something goes wrong.

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

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.

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.
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.

For a broader look at the claims process, see our How Medical Negligence Claims Work guide

Frequently Asked Questions

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.