Got a Question?
- How Would I Go About Suing the NHS for Medical Negligence?
- How Can I Prove NHS Medical Negligence?
- Can Tylers Guide Me When Suing the NHS?
- How Would I Start a Compensation Claim?
- Should I Hire a No-Win, No-Fee Legal Expert?
- Why Should I Get in Touch With Tylers Solicitors to Make My NHS Compensation Claim?
The purpose of the NHS is to provide health care and all associated treatments and services to residents of the UK, regardless of whether or not you could actually pay for the treatment yourself. Medical negligence can occur during a variety of different treatments, from episiotomy to failed vasectomy or sterilisations, through to failure to diagnose a medical condition such as cancer, or by misdiagnosing a condition. Medical negligence can also include being prescribed the wrong medication or failure to obtain the proper consent to the treatment to be provided.
If you have been administered unfairly or negligently by a healthcare professional in the United Kingdom, the first action that you should take is to speak to the NHS Trust or local health authority and lodge an official complaint. Since the NHS-Wide complaints procedure was introduced in 1996, it has been consistently shown that the resolution of complaints has failed, so it may well be the case that you need to seek help at a higher level.
For medical negligence to be proven, it has to be shown that the person responsible has acted below the standards that would usually be deemed acceptable for a clinician of equivalent training and experience to adhere to. A simple act of making sure you wash your hands or ensuring a patient ward is properly cleaned is now universally accepted as a fundamental standard of clinical practice. To allow these standards to slip is a breach of an accepted clinical standard and, therefore, negligent.
Simply having been treated rudely or unfairly should be resolved by making a complaint in writing to the doctor or healthcare professional who treated you, which will probably result in an informal meeting where you can put your point of view forward. If your claim is more serious, or if it has still not been resolved, speaking to the Patient Advisory Liaison Services should be your next step, as should speaking to the NHS Trust involved and following their established complaints procedure.
Whatever the type of the medical negligence that you believe you may have received, take these five important steps to see if you can make a compensation claim for compensation and Sue the NHS.
The very first step you should take is to raise your alerts with your medical treatment provider. Making a formal medical complaint to the authorities will start the wheels in motion. They will outline the procedure to you and also explain the nature and extent of the investigation that they will carry out. Make a note of any discussions and ensure that any response you receive is also received in writing.
2. Medical Records
Ensure that you ask for a complete set of your medical records. These can be important in assessing whether medical negligence has occurred. Legally, you have a right to check your medical records, although at some instances a nominal charge might be levied. However, this issue should not be the case if you have just received medical treatment.
3. Find a Qualified Medical Negligence Solicitor
The next step would be to find a professional medical negligence expert to assist you in investigating the claim. These experts will have a vast knowledge in this area of the law as well as knowing the right questions to ask. There is a wide array of funding arrangements available from legal aid to no win no fee agreements, and initial enquiries should be completely free of charge. They will in turn review your medical notes and get a report from an expert medical consultant.
4. Time Limits
You must be conscious that there is strict time limitations attached to medical negligence claims. The standard rule is that one has three years from the first date of the negligent treatment or failure to being treated to start a claim against the NHS. However, this time, the limit can change depending on the pending circumstances. For example, if you barely find out about the negligence when an event occurs to you sometime later. Also, if you are not of full mental state at the time of the negligence (i.e being under 18), your time limit does not start to run until you have full capacity. The safest way of ensuring you remain within the period is to obtain early and urgent legal counsel from a professional medical negligence solicitor.
5. Proving Negligence
To succeed in your claim for medical negligence compensation, you must be able to prove both the negligence and also that the negligence in question caused the medical injury or illness in question. The treatment or advice you were given can be called negligent if it lies below medically acknowledged standards. Causation is the transgression of duty or negligence directly resulting from the injury that you have sustained. Your solicitor will establish this for you as proving negligence and causation are very technical.
Speaking to a specialist medical negligence solicitor will ensure that you have all of the information and experience to hand and can begin your quest for justice in the best possible starting position. In particular, it’s really important that your solicitor is a genuine medical negligence specialist. The easiest way to check this is to find out whether they are members of one of the two leading accreditation panels for medical negligence solicitors. They both have a very tough selection policy, and only pick the very best. Combined membership of the two panels has been restricted to just a few hundred solicitors out of more than 100,000 qualified nationwide. The two panels are run by the Law Society and by patient justice charity, AvMA (Action against Medical Accidents) and their respective websites feature all the names and contact details of their specialist panel solicitors.
You should obtain immediate legal advice if you are considering making a claim for medical negligence. Suing the NHS for medical negligence can be difficult and the process can take quite some time, so it is essential that you begin it as soon as you suspect that you might have been a victim of medical negligence. Therefore, at no point will you left on your own to fight the NHS. Perhaps the most important point is that if you take no action and the NHS were negligent, the same negligent treatment may be provided again and again in the future.
If you would like to make a compensation claim for a Suing the NHS case then call Tylers Solicitors today for a no-obligation chat on (freephone) 0800 699 0079 today!
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No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.