How To Complain Before Resorting To Medical Negligence Claims
Medical negligence claims and the process for making them are not as highly publicised as other types of personal injury claims. This may be due to the fact that comparably other types of claims are simple and easier and quicker to settle.
Amongst the many errors which could potentially constitute medical negligence are prescription of the wrong medication, incorrect diagnosis or carrying out a treatment incorrectly. Nevertheless, because hospital negligence claims are so complex they can often cause undue stress to already distressed victims and are therefore not the right choice for everyone.
A significant proportion of those people injured by medical negligence find that the most important thing for their recovery is the peace of mind offered by an apology and an assurance that the same errors will not be repeated. Therefore, there first step can often be simple making an informal complaint to the healthcare professional 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. keep in mind the fact that there are time limits on when you can make a complaint under this procedure: within six month of the act you are complaining about, or within six months of it becoming apparent.
Should a formal complaint fail to give you the answers you need then you can approach the Healthcare Commission followed by the Healthcare Ombudsman.
Finally, if you are still not satisfied you should consult a solicitor. Check your solicitor’s experience and credentials because this area of the law is complex and you will need the best representation you can get. You will need to obtain a copy of your medical records. The Data Protection Act permits you to have a copy but you may be asked to pay for it.
The solicitor will enlist an independent medical expert to review the records and report back on whether there are grounds to make a claim. If you do have a case then your lawyer starts the ball rolling by writing a letter of claim to the doctor or hospital concerned. They will then respond within three months, either accepting or denying liability and giving their reasons.
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. Most are settled out of court. However, it is not unusual for these cases to take a number of years to be settled.
Tags: clinical negligence, hospital negligence claims, medical negligence claims, raleys solicitors