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Every day people are injured and sometimes die because the medical treatment they receive in the UK is not as good as it could be. Despite the fact that healthcare in this country is generally of a high standard, occasionally things do go wrong.
However, most of the mistakes result in little or no harm to the patient, and often the patient isn't even aware that a mistake has been made. The opposite to this are the instances of deliberate harm, as in the case of Harold Shipman. Fortunately these cases are extremely rare and measures have been implemented to protect patients from these risks in the future.
However, somewhere between inconsequential mistakes and deliberate harm are incidents where the doctors fail in their duty to do the best, to varying degrees.
Sometimes a particular range of symptoms are easily diagnosed and clear course of treatment follows. However, more often, a doctor must make a clinical judgment on the different possible ways to diagnose or treat a problem. They have this responsibility because they have the best knowledge and expertise to do so. However, sometimes the wrong choices are made and the treatment falls below an acceptable standard and is considered to be negligent.
When you put yourself and your health into the hands of a professional, you trust them to do their best. When things do go wrong, it can be very hard for the patient or their loved ones to accept that human failure is a fact of life. The consequences can be devastating, both physically and financially.
At Hilary Meredith Solicitors we have experience of helping people who have suffered injury through no fault of their own. We will offer practical help and answer questions, legally representing the injured party in seeking speedy compensation. If you wish to discuss your clinical negligence case, free of charge, click the link, ring or e-mail now.
So what do you do when you believe something has gone wrong? The majority of patients want just two things; an explanation and an apology.
The first step should be to talk to the doctors, nurses and other relevant health professionals involved in your care, about your concerns. If you remain dissatisfied you can pursue a formal complaint to the designated complaints manager at the Hospital or your GP surgery.
If you need assistance with this, you can contact your local Patient Advice and Liaison Service (PALS) or your local Citizen's Advice Bureau. Another valuable source of information is the Information Complaints Advocacy Service (ICAS) which offers free impartial advice to people who wish to complain about NHS treatment.
Regrettably, despite an increasing openness between doctors and their patients, it is difficult to get a full explanation for what has happened. The result is often that patients and their families seek legal advice for assistance and compensation.
If you are looking to be financially compensated, you should seek legal advice from a solicitor specialising in clinical negligence claims immediately.
Our clinical negligence expert at Hilary Meredith Solicitors, will discuss the circumstances with you and advise you on the merits of a claim for compensation free of charge. We offer an efficient, sympathetic and friendly service. We understand that the legal process can be daunting and emotional, as many people have not been involved in litigation before.
We deal with a wide range of clinical negligence claims on behalf of patients and their families. Our experience and expertise will be used to achieve the best results for you.
Therefore for a free assessment of your clinical negligence claim, click the link, ring or e-mail now.
If the results of your treatment are not as good as expected, or complications have arisen, this does not automatically mean that there has been negligence or that someone is to blame.
However, if it can be proved that the mistakes which have been made could and should have been avoided, there may be grounds for a claim.
To bring a successful claim, it is necessary to prove two things:-
The burden of proving the claim is on the claimant.
Sometimes claims can appear to be straightforward in terms of negligence, but then it can later transpire that the injury has been caused by some underlying disease or illness that would have happened in any event. In those circumstances, the clinical negligence claim would fail.
For a claim to succeed, it is necessary to prove negligence and causation. In other words, you are not automatically entitled to compensation where there has been just negligence. You can only be compensated for what has been directly caused by that ngegligence.
It is the extent of the injury and loss resulting from negligence that determines the value of the claim.
In addition, the harm need to be serious enough to justify the likely costs to be involved in investigating the claim. This is what is known as 'cost benefit'. In other words, it is not often worth pursuing a claim where the injury suffered is a very minor or if a swift recovery is expected. This is because the costs involved in bringing the claim could be greater than the compensation awarded.
The first step in any claim is to apply for copies of all the relevant medical records. These are then collated and reviewed and discussed with you so that Hilary Meredith Solicitors can prepare a detailed statement.
Your records are then sent to an independent doctor to prepare a report on the standard of the care you received. We will advise you on the appropriate doctor to approach as this will depend on the type of care you received and the specialism involved.
The doctor prepares the report on the basis of the medical records and other relevant documentation we send to them on your behalf. It is not necessary for you to attend an appointment at this time to be examined.
Once the report is received, this will be discussed with you. In most circumstances, the claim will only continue if this report is favourable and supportive. It is at this stage that we will have a clearer idea on the merits of your claim and the likelihood of success.
Once we consider that there is enough evidence to proceed with the claim we will try to negotiate a settlement of your claim with the defendant. In some cases it is necessary to issue legal proceedings at court. However, it is very unusual for clinical negligence cases to reach a trial. It can be at least 12 to 18 months from the issue of proceedings before a straightforward claim is likely to be even listed for a trial.
We will discuss each and every stage with you and decide on the appropriate steps together.
Although taking a case to court can be a lengthy process, we will do our best to ensure that your claim is concluded as quickly as possible.
If your case is successful you will be awarded compensation for your losses including:-
Each case is assessed on its own merits and therefore it is not possible to accurately predict the value of a claim at the outset. This will depend on the medical evidence obtained and the extent of the financial losses you have incurred.
Clinical negligence cases can be time consuming and therefore can be costly to investigate often due to their complex nature. There is a lot of work involved in investigating and preparing the case and gathering sufficient evidence in support.
There are four methods of funding a claim:-
This is dependent on your financial circumstances. We will therefore assess your eligibility to determine whether an application for public funding would be appropriate.
Some insurance policies, such as household/contents insurance will provide you with legal cover to pursue a claim. We will ask to see a copy of any policies you have in order to advise you on whether you are likely to be covered.
This may also apply if you are a member of a Trade Union.
We may be able to take your case on a No Win No Fee basis. We will discuss this with you.
We will give you an estimate of the likely costs to be incurred on a private basis. The costs will largely depend on the nature of the claim and the extent of the evidence and investigations required.
There are certain time limits within which court proceedings must be started.
For claims involving personal injury/clinical negligence, this is usually 3 years from the date of the negligence, or the date on which you became aware or ought to have been aware of the negligence, if later.
Usually, this will be soon after the treatment in question, but sometimes can be weeks or months afterwards when the actual consequences of the treatment first manifest themselves.
However, if the treatment involves a child, the 3 year time limit runs from his/her 18th birthday.
Similarly, if the treatment is given to someone under a legal disability (e.g. those with a mental disorder and are incapable of managing their own affairs) then the 3 year period does not apply.
Where someone has died as a result of negligence, the 3 year time limit usually runs from the date of death.
These time limits are strictly enforced by the courts. Therefore, should you wish to invesigate a claim for clinical negligence, it is advisable to start this as soon as possible given the length of time the claims often take to investigate.
Therefore for a free assessment of your clinical negligence claim, click the link, ring or e-mail now.
