Thankfully, healthcare in the UK is usually very good. Sometimes, however, things do go wrong. In this case, victims can take legal action to seek compensation for what is known as medical negligence, often referred to as clinical negligence.
Tanzeela Aslam provides answers to some of the typical questions asked by our clients around making a medical negligence claim.
Can I claim?
There are a number of examples of clinical negligence – these can include begin given the wrong medication, failing to receive warning about the risks of a treatment, and being given the wrong diagnosis, or delaying the correct diagnosis. Victims of such negligence may suffer injury or illness such as brain damage or a cancer misdiagnosis.
Proving that negligence has taken place can be difficult, as it must be possible to show that a medical professional or institution has breached their duty of care – resulting in the injury or illness, and that but for the identified negligence, the outcome would have been different (causation). A claim must usually be made within three years from when the incident happened.
Anyone who believes they may be the victim of medical negligence can seek the support of a legal expert who may take up their claim.
Claims can also be made by the next of kin of someone who has passed away, or who may be unable to make their own claim.
How do I claim?
The first step would be to gather evidence for a claim. This could begin with a patient’s own record of everything that happened and any paperwork they might have themselves. Detailed statements will be taken setting out the background to a claim, perhaps including speaking to witnesses.
Often a patient will have gone through the NHS’ own complaints procedure so there may be associated paperwork, and evidence of expenses and any loss of earnings will also be important.
Medical notes will also be requested from the relevant hospital or institution, and quite often an independent medical expert will be asked to provide a report, and even examine the person making a claim.
It will be necessary to show that a medical professional is at fault, and that the harm caused should have been avoidable.
At this point the institution involved will be contacted and informed that a claim is being made. This may result in issuing court proceedings if the organisation or individual involved do not admit liability.
It should be noted that the majority of cases are settled out of court rather than going all the way to trial.
What compensation will I be eligible for?
People may be eligible for a range of compensation depending on how they have been impacted by the incident. These can include financial support for ongoing treatment, loss of earnings, the cost of adapting a home, and psychological care.
Such cases are highly complex and may take a number of years to investigate and resolve fully, so people looking to make a claim should begin the process as soon as they can.
For further advice on making a clinical negligence claim, call Tanzeela Aslam on 0161 761 4611 or email her at tanzeela.aslam@whnsolicitors.co.uk
