How does liability work in private hospital treatment?
In most private treatment, the consultant is contracted directly with the patient. The consultant carries indemnity through the MDU, MPS, MDDUS or a commercial insurer, and that insurer meets a successful claim against them for their own clinical acts.
The private hospital is a separate legal entity. It is liable for the acts of the staff it employs (nurses, resident medical officers, junior doctors, physiotherapists, radiographers), for the safety of the physical environment, and for its systems — infection control, resuscitation cover, escalation to more senior staff, and the presence of appropriate emergency facilities.
What are common private hospital negligence claims?
- Cosmetic surgery gone wrong — breast surgery, rhinoplasty, abdominoplasty, weight-loss surgery
- Orthopaedic — private hip and knee replacements including implant selection and positioning
- Cataract and refractive eye surgery — including lens replacement claims
- Inadequate consent to elective surgery — heightened Montgomery duty where treatment is elective
- Failure to escalate or transfer a deteriorating patient — including lack of on-site critical care
- Post-operative infection where sterile technique or antibiotic prophylaxis was inadequate
How does consent work in private treatment?
The Montgomery informed consent standard applies with particular force in elective private treatment. Patients are choosing to undergo a procedure that may not be strictly necessary, and full disclosure of material risks and reasonable alternatives (including no treatment) is required.
What do you need to prove in a private hospital negligence claim?
- Duty of care — automatic in the private clinical relationship.
- Breach of duty — assessed against the standard of a reasonably competent practitioner in that specialty.
- Causation — the breach caused your injury or additional harm.
- Damage — physical injury, revision surgery, ongoing symptoms, financial loss.
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Frequently asked questions
Can I claim against a private hospital?
Yes. Private hospitals and their consultants owe the same duty of care as NHS providers. Claims can be brought against the consultant, the hospital, or both, depending on where the negligence occurred.
Who is liable — the consultant or the hospital?
In most private treatment the consultant is contracted directly with the patient and their own indemnity insurer meets the claim. The hospital is liable for the acts of its employed staff (nurses, resident medical officers, junior doctors) and for the safety of its premises and systems.
What if my treatment went wrong and the private hospital transferred me to an NHS hospital?
This is a recognised pattern. A claim can still be brought against the private provider for the original negligence and any consequences that followed, including complications that required NHS admission.
Does going private mean I've waived my right to sue?
No. A private contract of treatment does not exclude clinical negligence liability, and any attempt to do so would not be enforceable.
Related guides
- Informed consent negligence
- Surgical negligence
- Cosmetic surgery negligence
- Hip replacement negligence
- How much compensation
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.
- CQC — Independent healthcare sector — Care Quality Commission
- Montgomery v Lanarkshire Health Board [2015] UKSC 11 — Supreme Court