Private Healthcare and Private Hospital Negligence Claims

What is private hospital negligence?

Private hospital negligence happens when a healthcare professional or provider fails to deliver care that meets accepted medical standards, resulting in avoidable harm. These incidents can occur in private hospitals, clinics, or even during private consultations at NHS facilities.

Examples of negligence in private settings include:

• Misdiagnosis or delayed diagnosis of a condition
• Surgical errors or poor aftercare
• Failures in obtaining informed consent
• Birth injuries during private maternity care
• Medication errors

To succeed in a claim, you must show:

• Breach of duty – The care you received fell below what’s expected of a competent professional
• Causation – That negligence caused your injury or made an existing condition worse

Private hospital negligence compensation – what can you claim for?

If you’ve suffered harm due to negligent care in a private hospital, you may be entitled to financial compensation. The purpose of a negligence claim is to help you recover your losses and access the support you need.

At Osbornes Law, we help clients secure compensation for a wide range of physical, emotional, and financial impacts.

What can your compensation cover?

Depending on your situation, your claim may include:

• Pain and suffering – for the physical and psychological harm caused by negligent treatment
• Medical expenses – including costs of corrective surgery or future private treatment
• Loss of income – if your ability to work has been affected
• Future care needs – including rehabilitation, mobility aids, or home adaptations
• Travel and accommodation costs – related to ongoing treatment or care
• Loss of enjoyment of life – where your quality of life has been significantly impacted

Each case is assessed individually. We work closely with medical experts and financial professionals to calculate a fair and accurate compensation package.

Who is responsible when things go wrong in a private hospital?

One key difference between NHS and private hospital claims is who you are claiming against. In NHS claims, the hospital trust is usually the sole defendant. In private healthcare, liability often rests with the individual consultant or surgeon, even if they operated at a well-known private hospital.

This means:

• The consultant may be an independent contractor, not an employee of the hospital
• There may be multiple parties involved, such as the hospital and the treating practitioner
• Private clinicians often hold their own insurance, so your claim will be directed at their insurer

These complexities make it especially important to seek advice from an experienced medical negligence solicitor.

Can you sue a private clinic or doctor for negligence?

Yes, you can bring a claim if you’ve received negligent care from a private clinic or medical professional and it has caused you harm. These claims often involve treatment at a private GP practice, clinic, or during a privately arranged procedure.

In private healthcare, you have the same protection as NHS patients. If a private doctor, clinic, or healthcare provider delivers care that falls below acceptable standards, and this causes injury or worsens your condition, you may be entitled to compensation.

Consent and contractual issues in private care

Patients paying for private treatment may be offered procedures or treatments that are marketed to them. In some cases, risks may be downplayed, or benefits exaggerated, resulting in a lack of informed consent.

Additionally, the contract you signed may promise a certain standard of care or outcome. If these promises are not met, you may have a separate contractual claim alongside your negligence case.

We will review your records and treatment agreements to assess all available routes for compensation.

How to complain about negligent private healthcare

Before starting a negligence claim, you may wish to raise your concerns directly with the private hospital. Most providers have a formal complaints procedure.

Other options include:

• Independent Sector Complaints Adjudication Service (ISCAS) – Handles disputes involving some private providers, including private units within NHS hospitals
• Care Quality Commission (CQC) – Regulates both NHS and private health services in England

Our solicitors can advise you on the most appropriate complaint route and whether a compensation claim is likely to succeed.

How Osbornes Law can help you

We are recognised leaders in medical negligence law, ranked in Chambers UK and The Legal 500 for our expertise in high-value, complex claims. Our team regularly acts in cases involving:

• Serious injuries and long-term health complications
• Fatalities due to medical negligence
• Birth injuries and maternal harm
• Misdiagnosis or delayed diagnosis of life-threatening conditions

Why choose Osbornes?

• Proven track record in private healthcare claims
• Partner-led service with personal support throughout
• Expert medical advisors to assess your case
• No win, no fee funding options available

“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.” – Legal 500 UK

Speak to a specialist solicitor today

If you believe you’ve suffered due to negligent care in a private hospital, don’t delay. Our experienced team is here to assess your case and guide you through your options.

Get tailored legal advice for your situation

• Call us now on 020 7485 8811
• Or complete our online enquiry form

Let us help you secure the answers and compensation you deserve.

Related pages:

• Medical negligence solicitors
• Surgical negligence claims
• Birth injury claims
• NHS compensation payouts guide