Claiming against the NHS

Claiming against the NHS

Medical professionals owe their patients a ‘duty of care’, which means that they are responsible for providing an acceptable level of care to the patient. Medical negligence is a professional negligence by act or omission on the part of a healthcare provider whereby they have breached their duty of care towards the patient and their actions have caused injury or death. Medical negligence claims may arise if there has been a delay in diagnosis, if…

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Claiming compensation on behalf of an elderly relative

Claiming compensation on behalf of an elderly relative

Is it possible for a person to make a compensation claim on behalf of an elderly relative? If an elderly relative suffers an injury in an accident – such as a slip, trip or fall – that was caused by the negligence of a third party, it is possible to make a personal injury compensation claim on their behalf. This is because some elderly people may not be in the best position to claim compensation…

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Further help for medical negligence cases

Further help for medical negligence cases

Contact Community Legal Advice for free information on a range of common legal problems. Community Legal Advice Provides free information direct to the public on a range of common legal problems. Call 0845 345 4 345 If you qualify for legal aid, get free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment or housing. Also find a high quality local legal adviser or solicitor. Click https://claonlineadvice.justice.gov.uk/ Find a high…

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How can I claim compensation?

How can I claim compensation?

There is no system in the UK for automatically paying compensation to people who have suffered a medical accident. Sometimes, a hospital may admit it has made a mistake and offer you compensation, but this is usually for relatively minor injuries or losses. In most cases, you will need to make a legal claim for ‘clinical negligence’. If you live in Wales, you may be able to use the fast-track compensation the Speedy Resolution Scheme,…

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How do I decide whether to take legal action?

How do I decide whether to take legal action?

If your solicitor says you have grounds for a legal claim, you still need to think about whether this is the right thing for you and if it is going to provide the results you want. There are several things you need to be prepared for: Making a legal claim can be stressful. You will have to go over what has happened to you many times, and this can be very upsetting. Taking legal action…

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How do I find out more about what happened?

How do I find out more about what happened?

You should first ask for a detailed explanation from your doctor or from the healthcare professional who was involved in your treatment. The doctors’ professional code of conduct says a doctor should explain what happened during your treatment and, if necessary, apologise. But this doesn’t always happen, and you may not get all the information you want. If you don’t, there are several other steps you can take. The NHS complaints procedure You can use…

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How is medical negligence compensation calculated?

How is medical negligence compensation calculated?

Does the law provide a remedy for substandard medical treatment? All medical treatment carries with it some degree of risk to the patient. Treating physicians such as doctors, nurses and other medical staff have a legal responsibility to warn patients about the most serious and common risks they face in agreeing to undergo a particular medical procedure. Despite this, the law provides a vehicle for compensation awards to be made to patients when it can…

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Main stages of a medical negligence claim

Main stages of a medical negligence claim

One of the most common areas of litigation, certainly in terms of the increased number of claims, is medical negligence. A claim for medical negligence will often be brought against a doctor, or a particular hospital. This will be brought under the premise that the individual has suffered a loss due to the actions of the doctor or hospital and the individual believes they should be compensated as a result. Whilst the field of medical…

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What can I do if my treatment was private?

What can I do if my treatment was private?

If your treatment was private, you need to follow the same steps as you would for NHS care, except that you won’t be able to use the NHS complaints procedure. However, private hospitals and private clinics must by law have their own complaints procedure. If you are unhappy with the way your complaint was dealt with or have concerns about the standard of care, you should contact: the Healthcare Commission (in England); or the Healthcare…

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What do I have to prove to claim compensation?

What do I have to prove to claim compensation?

To make a legal claim for compensation, you have to prove two things. These are that: the care you received was below the standard that you could reasonably expect from a competent healthcare professional practising in that area of medicine (‘negligence’); and you have suffered a physical or psychological injury as a direct result of the negligent act or omission(‘causation’). You cannot claim compensation just because someone has done something wrong. You have to prove…

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What if a relative has died as a result of a medical accident?

What if a relative has died as a result of a medical accident?

If a relative has died, you can take the same steps you would take if you were injured during medical treatment, but you should also arrange to contact the local coroner. Coroners are responsible for investigating any death where someone has not died from natural causes. You should tell the coroner about your concerns as soon as you can, because they will normally ask for a post-mortem examination. The coroner will make inquiries to decide…

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What if I cant afford to pay for a solicitor?

What if I cant afford to pay for a solicitor?

Investigating a claim for clinical negligence can cost many thousands of pounds. If you can’t afford to pay for it yourself, there are several ways of getting help with the costs. If you cannot afford to pay legal costs for your case, you may be able to get public funding (formerly legal aid) through the Community Legal Service. You will have to show that you have a reasonable chance of winning your case. To do…

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What if I want to complain about a professionals behaviour?

What if I want to complain about a professionals behaviour?

You may want to complain about an individual doctor or other healthcare professional, for example because you think they did not act ethically or are a danger to other patients. You may choose to do this through their professional organisation. Most healthcare professionals are members of one. There are different organisations for different professions; for example, the General Medical Council (GMC) for doctors, the General Dental Council (GDC) for dentists, and the Nursing and Midwifery…

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What if I want to make sure that the same mistake is not repeated?

What if I want to make sure that the same mistake is not repeated?

Whether or not you want to claim compensation, there are steps you can take if you want to make sure that the same mistake is not repeated. You may be mainly concerned about: a doctor or other healthcare professional involved in your treatment; or the clinic or other organisation where you were treated. See ‘What if I want to complain about a professional’s behaviour?‘ if you want to complain about a doctor or other healthcare…

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What if my injury was caused by faulty medical equipment?

What if my injury was caused by faulty medical equipment?

If your injury was caused by faulty medical equipment, such as an artificial hip joint, you may be able to claim under the Consumer Protection Act 1987. This also applies to medical products, for example if you were injured or made ill from a blood product. If this is so, you would make your claim against the company that manufactured, imported or supplied the product, not the hospital or doctor who treated you. There is…

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What is a medical accident?

What is a medical accident?

Medical accidents occur when something goes wrong during a medical procedure or during a period of treatment. Other names for a medical accident include ‘adverse event’ or ‘medical complication’.  Medical accidents comprise a range of outcomes occurring from medical treatment that were not intended by the medical staff or the patient. This phrase encompasses any unexpected outcomes and outcomes that were possible but which do not always occur.  Medical accidents are often described as a…

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What should I do if I have suffered a medical accident?

What should I do if I have suffered a medical accident?

Medical accidents are events that take place during a period of medical care that result in an adverse outcome for the patient. Medical accidents can be broad and varied and there is no specific list of possible events that can take place to precisely define a medical accident. Medical accidents encompass a variety of situations. In some circumstances these situations are unavoidable events that occur despite the best care and attention of the medical professionals…

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When can I claim compensation?

When can I claim compensation?

If you have been injured physically or psychologically by a healthcare professional’s negligence, you may be able to claim compensation. The injury needs to be serious enough to make it worthwhile paying the costs of making a claim. It is probably not worth taking legal action if your injury: is fairly minor and you recover within a few days or weeks; and has caused you little or no financial loss; for example, if you’ve still…

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