An article from The Times this week highlighted alleged problems with private cataract clinics who are being accused of using poorer-quality lenses than equivalent NHS surgery, leading to replacements being needed sooner, and rising numbers of patients being re-admitted to NHS hospitals for aftercare, rather than being treated by the clinics who performed their surgery.
Most patients have an understanding that if NHS treatment goes wrong, there’s the opportunity to pursue a legal claim to seek compensation. But what happens when something goes wrong with private treatment?
At DP Medical Law, we support clients who have suffered avoidable harm in private medical settings. While claiming against a private provider can be more complex than suing the NHS, you absolutely can bring a medical negligence claim – and we’re here to guide you through it.
Is it possible to claim against a private hospital?
Yes – the process is different, but that doesn’t mean impossible.
The main difference is who you’re claiming against. NHS claims are brought against a Trust. But in the private sector, the person who treated you may not be an employee of the hospital – they might be self-employed or working under practising privileges.
This often means the individual clinician – not the hospital – is legally responsible. In some cases, multiple parties might be involved, especially if care was shared between several professionals.
These cases can get legally technical, particularly when it comes to identifying who holds the insurance policy or who made the key decision. Our team is experienced in handling these scenarios with care and clarity.
What does medical negligence look like in private care?
Private medical negligence occurs when treatment falls below the expected standard, causing injury or harm that could have been avoided. Common examples include:
- Surgical mistakes
- Misdiagnosis or delayed diagnosis
- Poor aftercare
- Birth injuries
- Inadequate consent processes
To make a successful claim, we’ll need to prove two things:
- The care was negligent – i.e. not in line with what any reasonably competent healthcare professional would have done.
- That negligence caused harm – either a new injury or a worsening of your condition.
We use the legal test: But for the negligence, would you have suffered this harm? If the answer is no, you may have grounds for a claim.
Consent in the private sector
One issue we often see in private claims is lack of informed consent.
In a private setting, where procedures may be ‘marketed’ to patients, the full risks and alternatives might not always be explained clearly. If you weren’t made aware of all relevant outcomes, complications, or other options, you may not have given proper informed consent.
This alone can form part of a negligence claim – and we’ll help you explore whether that applies to your situation.
Can I claim if I signed a contract?
Possibly – and this is another area where private claims differ from NHS ones.
You may have entered into a contractual agreement with the private provider, outlining what your treatment was expected to achieve. If those outcomes weren’t delivered, this could form the basis of a claim for breach of contract alongside a negligence claim.
We can review any contracts or written guarantees to assess whether your rights have been breached.
Making a complaint first
Before launching a legal case, many people want to formally raise concerns with the provider. Most private hospitals and clinics have a complaints procedure, and we can support you in using it effectively.
In addition, many private providers are signed up to the Independent Sector Complaints Adjudication Service (ISCAS), which offers a structured complaints process and dispute resolution support.
You also have the option to report concerns to the Care Quality Commission (CQC) – the independent body that regulates private healthcare, NHS services, and adult social care in England.
We can help you make a claim for private healthcare medical negligence
At DP Medical Law, we specialise in complex clinical negligence claims, including those involving private hospitals and consultants.
Whether you’ve experienced poor care, unclear communication, or a serious medical error, we’ll help you understand your rights, explore your legal options, and get answers. And if you decide to pursue a claim, we’ll guide you through every stage of the process with expertise and empathy.
Ready to talk? We offer confidential, no-obligation conversations to help you take the first step.