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What Steps To Take When Suffering Medical Negligence

By Jamie Simpson

Republish: EasyPublish™
Published: 21Feb2012
Word count: 453
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Medical negligence, or clinical negligence as it also known, is a very emotive subject. We all believe we have a right to the best possible medical care and that medical practitioners should do their utmost to help us. Unfortunately things can go wrong and this 'duty of care' can be broken.

However, before you come to the conclusion that you, or a loved one, has suffered from medical negligence, you need to remember that medicine can be an inexact science and that medical procedures carry with them a varying degree of risk.

If you still believe you really have suffered, whether physically, emotionally or financially, beyond what would be regarded as reasonable in the circumstances, then you must then decide what it is you actually want. Do you want an apology, do you want an investigation and explanation or do you feel you require financial compensation?

If you feel your complaint is not serious but you would still wish the matter to be investigated, then you can write to the complaints manager at the practice or hospital concerned. Hospitals also have Patient Advisory Liaison Services (PALS) who will take up your complaint on your behalf. Generally the complaint must be made within 6 months of the incident or injury.

Your complaint will be dealt with quite quickly under this procedure. However, if you are not satisfied with the outcome you may take your complaint to the Care Quality Commission and ultimately the Health Service Ombudsman.

If you decide your complaint is so serious that you require financial compensation, for loss of income or future care and treatment, for example, then you should consult an experienced, specialist clinical negligence solicitor. Usually a claim for clinical negligence has to be made within 3 years but this can be extended at the courts' discretion.

Your solicitor will prepare a statement based upon your own account of what happened to you, will obtain your medical records and a report from a specialist medical expert. This can all take a very long time and at the end of which you will advised whether it is sensible to proceed or not. A high proportion of cases go no further than this stage.

If the case is to proceed then the medical practitioner or hospital concerned will be contacted to see if they accept liability and are willing to settle. If liability is not accepted than your solicitor will begin court proceedings.

If the proceedings are successful then your claim will include your reasonable legal costs. Many specialist solicitors operating in this field offer a variety of 'no win, no fee' packages.

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