Experiencing substandard medical care can have profound effects on your health and well-being. If you’ve suffered due to medical negligence within the National Health Service (NHS), it’s important to know that you have the right to seek compensation. This article explores the process of making a medical negligence claim against the NHS, helping you understand your rights and the steps involved.
Understanding medical negligence
When a healthcare provider delivers care that is below the recognised standard and causes injury, this is known as medical negligence towards the patient. This can involve incorrect medication, misdiagnosis, and surgical errors. For instance, delays in treatment have led to severe consequences for patients, including avoidable cancers and amputations.
Eligibility to claim against the NHS
If an NHS organisation or healthcare professional’s negligence has harmed you, you may be able to claim compensation.
It’s essential to establish that the care you received was below the expected standard and directly caused your injury or worsened condition.
Time limits for making a claim
In the UK, there is typically a three-year time limit to bring a medical negligence claim. The clock begins to run from the date of the incident or the moment you first became aware of the harm caused by negligence. Exceptions exist for individuals under 18 or those lacking mental capacity, where different rules may apply.
NHS resolution
The claims process:
- Seek legal advice: Consult with a solicitor experienced in medical negligence claims to assess the merits of your case.
- Gather evidence: Collect all relevant medical records, correspondence, and any other documentation related to your treatment.
- Medical assessment: An independent medical expert may evaluate your condition to provide evidence supporting your claim.
- Negotiation: Your solicitor will engage with NHS Resolution, the body responsible for handling claims, to seek a settlement.
- Litigation: If a settlement cannot be reached, your case may proceed to court, though many claims are resolved without litigation.
Potential compensation
Compensation aims to address both the physical and emotional impact of medical negligence. This may include damages for pain and suffering, loss of earnings, and costs associated with on-going care or rehabilitation.
Choosing the right legal support
Navigating a medical negligence claim can be complex. It’s crucial to work with lawyers who specialise in this area and have a track record of successfully handling NHS claims. Experienced legal professionals can guide you through the process, ensuring that your case is presented effectively and that you receive the compensation you deserve.
Conclusion
Despite the fact that the National Health Service (NHS) offers crucial services to millions of people, medical negligence does occur, which can result in considerable injury.
If you think that you may have a medical negligence claim, call Marley Solicitors today for a quick informal initial advice.