How To Claim Compensation For Medical Negligence20th Jan 2017
Have you suffered as a result of medical negligence? Errors due to misdiagnosis, late diagnosis, badly performed surgery or childbirth procedures?
Despite legislation the NHS remains secretive, resistant to change and seldom willing to admit its mistakes. Private hospitals can be like this too.
No-one wants to sue the NHS but sometimes you have no alternative.
Here’s how to claim compensation to fund the treatment and care you will need…
Identifying How Bad Your Injuries Are
Even simple operations and other procedures can cause serious long term injuries if not performed correctly.
Sometimes the full extent of your injuries may not become apparent until much later on. Medical errors can affect your ability to earn a living and also your quality of life.
You may need increased care, specialised medical equipment or adaptions to your home – all of which cost money.
What If I Signed A Consent Form?
Just because you signed a consent form is no excuse for medical negligence. Perhaps you were told the procedure has ‘known risks’.
That does not stop you from claiming damages for your injuries.
Write Down As Much Information As You Can
Make detailed notes of what happened to you as soon as you can. Write down:
- who you spoke with at the GP surgery or hospital
- when you spoke with them
- what they said
- what you said
- who was there with you when it was said
- what was done to you
- when it was done to you
- how all this affected you.
It’s not always easy to remember. After all, you did not go to your doctor or hospital expecting to be injured by their mistakes.
But please try to be as precise as you can with names, times and dates.
It helps to make notes as soon as you can after your injury. The sooner you do, the more you will remember. And the clearer those memories will be.
Take Photos Of Your Injuries
Photographs can be extremely helpful in showing the extent of your injuries and protecting the value of your claim.
Video may also provide useful evidence to support your claim.
Always back up these important photos and videos. The first rule of computers is ‘back up your data’!
Get Expert Help From Our Medical Negligence Solicitors
Contact our specialist clinical negligence solicitors before you consider making any complaint to the NHS.
Our medical solicitors can advise you on the best course of action.
Complaining directly to the NHS may not be effective. The Patients Association says the NHS Ombudsman system is “complicated, unresponsive and lacking in compassion.”
How Our Solicitors Can Help You
When you phone or email Coles Miller our solicitors will investigate whether or not we can prove the treatment you had was negligent.
They will check whether:
- the treatment fell below an acceptable standard when judged by responsible medical experts in that field
- any negligent treatment you received resulted in additional injuries
- you were told about any less risky alternatives to the treatment you received
- you were given the choice of undergoing alternative treatment (or having no treatment)
- you gave your full consent for treatment.
Contact Coles Miller
Need help? Contact Coles Miller Partner David Simpson, Head of our Clinical Negligence Department, 01202 355695.
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This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.
