Making Medical Negligence Claims
In Identity Theft of CreditGuru (August 31, 2010 1:24 am)
In comparison with other types of accident claim, the process of making medical negligence claims is not that clear. This may be due to the fact that comparably other types of claims are simple and easier and quicker to settle.
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. Remember though that medical negligence claims are not the best route for everyone because they are renowned for their complexity and can be stressful for victims of injury.
For many victims of injury due to clinical negligence, the most important thing is to obtain an apology and an explanation as well as a promise that the same errors won’t befall other patients in the future. A good first step is therefore to raise your concerns informally with the doctor or nurse involved. The NHS complaints procedure will allow you to make a formal complaint should your informal one not yield a satisfactory response. 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.
If you are still not satisfied with the response you receive then your next two options are approaching the Healthcare Commission for a review or the independent Health Service Ombudsman.
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. Although you may have to pay a small amount for the records, you are entitled to a copy by law.
The lawyer will show your medical records to an impartial medical expert who will compile a report on whether negligence occurred and whether you have reason to claim. If it seems there are grounds for claiming, then your solicitor will start the process by writing a letter of claim. They will then have a deadline of three months to respond, either accepting or denying liability and giving their reasons for doing so.
Should they deny liability then your solicitor will begin legal proceedings for you. This can seem very daunting and traumatic but only a small percentage of cases ever go to trial. The great majority are settled out of court. However, it is not unusual for these cases to take a number of years to be settled.
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