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Medical Negligence Claims
Whether you have been injured or your condition made worse at an NHS run facility or a private clinic you can still make a claim for compensation. For such you need to show medical negligence, i.e. the doctor, nurse, dentist or other health care professional has done something that most other people in their position would not have done. The fact that treatment has failed or an operation has gone wrong does not necessarily imply clinical negligence. Some operations come with risks as do some medications.
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The only difference is that with claims against the National Health Service you may have to enter into a conditional fee arrangement with your solicitor (i.e. they take a cut of your compensation) or you may even have to pay the fees up front. This is only in extreme cases where the solicitor may feel that the case has a less than 51% chance of succeeding. Of course, there are many firms across the UK that will offer you a no win, no fee agreement no matter what the case or the details.
Despite the fact that medical negligence claims are notoriously harder to win as opposed to road accidents or accidents at work there are many legal firms that actually specialise in these types of litigation. We are not generally ones to give hard advice on this site but I feel confident saying to you "shop around" when it comes to clinical negligence claims. If you don't feel that the person you are speaking to has a good background in your type of case then move on to someone else. We have created a dedicated site on medical negligence listing specialists in this area.
What should I do if I think/know something has gone wrong?
Of course, if you are feeling unwell getting treatment is of the highest importance! Trying to speak to a solicitor about it before going to hospital is just dangerous, don't fear conspiracy theories about cover-ups - your original AND secondary treatment will be documented. As far as we know, there is no secret room of people deleting incriminating records at the NHS ... of course if you have already had the condition corrected or the mistake is not affecting you anymore then speak to a solicitor as soon as possible. Normally they will advise you to make an official complaint if you haven't already done so before even starting a claim, but they will be in the best position to advise you on the steps you need to take including where to go to deal with the problem that has arisen.
What if I wasn't actually injured?
We get asked this question a lot. The number of "near misses" we hear about week after week is scary to say the least. Errors in prescriptions, scheduled for surgery on the wrong limb (yes, it happens), all of which corrected at the last minute when someone finally notices is traumatic for sure, but at this time there is no system to seek compensation for such. You can make an official complaint but that is all.
Editors personal experience: I have lived and worked in many locations around the country from Aberdeen to Sheffield to Preston and everything in-between and due to my love of physical sports I've "frequented" many health care establishments with mixed results. It is hard to find someone these days who finds joy in having a "free national health service" in Britain. Indeed, it is hard to find someone these days who can get "free" medical help when they need it. Personally, I haven't been able to get an NHS dentist for over six years now. Any medical procedures, whether urgent or not, have months and sometimes years worth of waiting lists ... unless you are able to pay for them, naturally. The worst of course is being turned away from an Accident & Emergency department because "you haven't called NHSDirect first" ... they wanted someone to diagnose the rib sticking out my daughter's side over the phone before they'll look at it in person? And when a friend of yours comes home and tells you the doctor said "That looks serious ... we can test you in 3 months time ..." you can't help but feel that the NHS is not in the right frame of mind. Of course that is when you can understand their frame of mind, I have only had to have an interpreter once (interpret to English that is) but I'm willing to bet that won't be my only time. In all I have been misdiagnosed, turned away and spent over £10,000 on medical treatment in a country that still boasts it has a "free" health "service". My personal opinion used to be that we should be reserved in our compensation claims against the national health service as the money taken in compensation reduces the money available for much needed services. But now, it seems as though the NHS is in a rut - constantly lowering the cost of the service by not providing medical assistance to borderline cases, hiring low quality staff and just paying out the compensation for their mistakes. I think the only way they will change this mind-set is if it becomes too expensive for them to offer such a terrible service. Having just been diagnosed in a cubicle stacked with Fanta cans and rubbish bags at my local hospital recently, I won't discourage any one I know from making a claim against the NHS ever again.
Medical Negligence Compensation News
A Maryland woman has been awarded $1.3 million for medical expenses, lost wages and pain and suffering after finding her surgeon guilty of negligence and violating the standard of care.
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A 41 year old former soldier's wife has won a record £3.55 million from the Ministry of Defence after her twin sons suffered brain damage through medical negligence.
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A mental patient who survived after throwing himself in front of a tube train has been awarded £400,000 in compensation after alleging that a psychiatric unit had failed to protect him from himself.
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Three Huddersfield women are seeking compensation after they suffered "agony", abdominal pain and discomfort after failed hip replacements.
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The parents of an 11 month old baby are seeking legal advice about suing a Manchester hospital for medical negligence after their son died just four days after being sent home from hospital.
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