Can I Make A Claim For Medical Negligence Against The NHS?

//Can I Make A Claim For Medical Negligence Against The NHS?

Not a day goes by without the NHS being in the headlines. Stories of medical negligence are never far from our news, but what if it happens to you?

Mistakes happen in every profession but when a medical expert makes a mistake, it can be devastatingly life-changing, as well as particularly upsetting.

There is a time limit of three years – either from the date of the incident or the date that you became aware that you had been injured – usually in which to issue court proceedings. There are, as is usually the case with law, some “loopholes” which might allow you to extend the three-year period  – which you may need dedicated legal advice about.

Fighting a case of medical negligence is complex and can be lengthy and expensive (though they are usually brought using No Win, No Fee agreements). Patient records, x-rays and other detailed records are sought to prove the case and independent medical experts used for advice on the care received.

clinical negligence nhs

The first steps to gaining justice following incidents of medical negligence:

Often, we can help prepare a letter of complaint to the NHS Trust, GP surgery or private hospital in the first instance.

Once the other side has responded, it may be appropriate to start legal action, by sending a letter of claim, to argue that your injuries were caused due to a breach of legal duty on the part of the medical professionals involved in your treatment.

The effects of a medical negligence incident are not just physical. We understand the psychological impact both on the injured patient and their wider family. We take into account all future needs when considering the appropriate level of compensation sought.

This would take into consideration any loss of earnings, required home adaptations, if appropriate, physical and psychological treatment and more. We spend time to understand what life was like before the incident and how life has changed since. Our solicitors understand that a single incident can completely alter entire lives and we work hard to secure the compensation required to meet all your needs both now, and in the future, following your avoidable injury.

How long does it take to pursue a medical negligence claim?

Pursuing a case of medical negligence is not a quick process, sadly. It takes time to properly gather all the required evidence to build your case. It takes time to get to know you and gather a complete and true picture of the extent of the impact on you and your family – both since you were injured and in the long-term.

We work closely with independent medical experts who consider the evidence gathered and provide their specialist knowledge. It can sometimes be the case that the devil is in the fine detail and a delay of just a few minutes was the cause of the injury. We take our time to examine all the details to get the right result for you.

How much medical negligence compensation will I get?

Every case is different but when calculating how much compensation is required, the court’s take multiple factors into account, including the following non-exhaustive elements:

  • Pain, suffering and loss of amenity – the extent of your injuries caused by the negligent treatment.
  • Loss of earnings – if your ability to work as you did before the injury occurred has been impacted, there is likely to be a claim for lost earnings and perhaps a claim for future loss of earnings.
  • Home adaptations – your injuries may mean that life would be more comfortable, and day to day tasks easier, with home adaptations or moving to an adapted property to suit your new needs.
  • Care and therapy – we will consider the care and therapy required to assist you both in the short and long-term.

At Truth Legal, we’ll advise you every step of the way.

If you have suffered an injury which you believe was due to an avoidable medical error, please contact a member of our team of solicitors for a free initial consultation on 01423 788 538 or email a summary of your claim to help@truthlegal.com

By | 2017-10-19T13:25:35+00:00 October 13th, 2017|Clinical Negligence|

About the Author:

Andrew Gray
I launched Truth Legal in 2012 to provide the most caring, ethical and brilliant personal injury law representation. Usually personal injury claims are a good thing, modifying negligent behaviour, shifting the financial burden off the state and reducing future injuries. I also represent people who have been poorly treated at work. I’m proud that my team give away countless hours of free legal advice.