The Complexity of Medical Negligence Claims
Medical negligence claims and the process for making them are not as highly publicised as other types of personal injury claims. This is because other types, such as road accident claims are simpler and more quickly resolved.
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. 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. Therefore, there first step can often be simple making an informal complaint to the healthcare professional 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. However, you must make a complaint within six months of the error about which you are complaining, or within six months of you becoming aware of it if it was not immediately obvious.
The Healthcare Commission and the Healthcare Ombudsman are your two next ports of call should the formal complaint fail to resolve your issues.
After all of these options, if you are still dissatisfied then you should approach a solicitor. Be sure to approach a solicitor who is experienced in medical negligence claims because this area of the law is notoriously complex. Your solicitor will need 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 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.
If the doctor or hospital does not accept liability then your solicitor will start legal proceedings on your behalf. Very few cases actually end up in a trial, so try not to be overly daunted at this prospect. The vast majority are settled out of court. Nevertheless, it is not unlikely that your claim will take years to be settled.