Medical negligence claims and the process for making them are not as highly publicised as other types of personal injury claims. Perhaps this is because other claims such as road accident claims are less complex and are generally settled much more quickly.
Amongst the many errors which could potentially constitute medical negligence are prescription of the wrong medication, incorrect diagnosis or carrying out a treatment incorrectly. However, because making a medical negligence claim can be so complex and is often an unwelcome distraction at what is often an already distressing time for many individuals; it is not the route to take for everyone.
A significant proportion of those people injured by medical negligence find that the most important thing for their recovery is the peace of mind offered by an apology and an assurance that the same errors will not be repeated. A good first step is therefore to raise your concerns informally with the doctor or nurse involved. The NHS complaints procedure will allow you to make a formal complaint should your informal one not yield a satisfactory response. The hospital itself will investigate your claims and get back to you within five weeks. keep in mind the fact that there are time limits on when you can make a complaint under this procedure: within six month of the act you are complaining about, or within six months of it becoming apparent.
Should a formal complaint fail to give you the answers you need then you can approach the Healthcare Commission followed by the Healthcare Ombudsman.
Having been up all of these avenues, it is time to approach a solicitor if you are still not satisfied. This area of law is complicated so be sure to choose an experienced solicitor. You will be required to obtain a copy of your medical records. You are entitled to a copy under the Data Protection Act but you may be required to pay for it.
The lawyer will show your medical records to an impartial medical expert who will compile a report on whether negligence occurred and whether you have reason to claim. If it seems there are grounds for claiming, then your solicitor will start the process by writing a letter of claim. The doctor or hospital then has three months to write back, accepting or denying liability, with reasons.
If the doctor or hospital does not accept liability then your solicitor will start legal proceedings on your behalf. Although this may seem daunting, it is worth remembering that very few cases actually make it to trial. The vast majority are settled out of court. Nevertheless, it is not unlikely that your claim will take years to be settled.
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Patients who suffer injury as a result of negligence on the part of their medical practitioner may be entitled to make hospital negligence claims in order to gain financial compensation. Money awarded in compensation can be very important to patients who are unable to work because of their injury and who may need to pay for ongoing care. Remember, however, that hospital negligence claims are a complex area of law and that not all patients are entitled to claim.
Hospital negligence claims are brought as a result of negligence in a variety of forms. As well as in hospitals, it can occur in surgeries and clinics, or anywhere were medical treatment is carried out. Negligence may arise as a result of poor training or lack of regular training keeping professionals updated with latest techniques. Equally common are basic human errors such as writing prescriptions illegibly or misinterpreting test results. There are some estimates that suggest that thousands of patients die every year because of negligence and errors.
Negligence happens when a medical practitioner’s care falls below the standard that is expected of a competent professional. That said, the fact that negligence has happened does not automatically entitle a patient to make hospital negligence claims.
Proving that negligence took place is in itself a complex task. Because there are generally several acceptable ways of doing things in the medical profession, using any recognised technique means negligence has not taken place. In other words, just because one doctor might have acted differently, doesn’t mean that negligence has definitely taken place.
Even once negligence has been proven and established, hospital negligence claims may not be successful. To be successful, the claimant and solicitor must demonstrate that the negligence directly caused the injury and that the injury would not have happened otherwise. This may sound simple but it is not always easy to show that injury was not caused by the original condition for which the patient was seeking treatment.
If you believe that you have grounds for hospital negligence claims, then speaking to a solicitor is a must. This is an incredibly complex area of the law so choose your solicitor well. Check your law firm’s history of handling hospital negligence claims, if they have a lot of experience they will be better placed to advise you.