In comparison with other types of accident claim, the process of making a medical negligence claim is not that clear. This may be due to the fact that comparably other types of claims are simple and easier and quicker to settle.
Some of the reasons a patient may be able to claim compensation for medical negligence include when they are injured as a result of a medical examination being carried out inadequately, an incorrect diagnosis, incorrect treatment or a significant delay in treatment. Remember though that medical negligence claims are not the best route for everyone because they are renowned for their complexity and can be stressful for victims of injury.
For many victims of injury due to clinical negligence, the most important thing is to obtain an apology and an explanation as well as a promise that the same errors won’t befall other patients in the future. A good first step is therefore to raise your concerns informally with the doctor or nurse involved. Should your issue fail to be resolved in this way then you can go on to make a formal complaint under the NHS complaints procedure. The hospital itself will then have twenty five working days to investigate your concerns and give you a response. Bear in mind however, that the complaints procedure will only be open to you within six months of the act you’re complaining about or within six months of it becoming apparent.
The Healthcare Commission and the Healthcare Ombudsman are your two next ports of call should the formal complaint fail to resolve your issues.
Finally, if you are still not satisfied you should consult a solicitor. This area of law is complicated so be sure to choose an experienced solicitor. Your solicitor will need a copy of your medical records. The Data Protection Act permits you to have a copy but you may be asked to pay for it.
The solicitor will enlist an independent medical expert to review the records and report back on whether there are grounds to make a claim. If you do have a case then your lawyer starts the ball rolling by writing a letter of claim to the doctor or hospital concerned. They will then respond within three months, either accepting or denying liability and giving their reasons.
Your solicitor will start legal action on your behalf if liability is denied. Although this may seem daunting, it is worth remembering that very few cases actually make it to trial. The great majority are settled out of court. Nevertheless, it is not unlikely that your claim will take years to be settled.
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