Thursday 8 October 2020

How to Sue the NHS for Delay in Treatment?

When it comes to diagnosis and treatment of a medical condition, time is an invaluable asset. If promptly identified, with advancements made in medicine, patients now stand a better chance of making a full recovery or living a pain-free life. Without doubt, the earlier an illness or injury is diagnosed, the sooner medical professionals can begin treatment. If treatment is delayed for any reason, the patient could suffer long-term complications and may be able to sue the NHS.

Generally speaking, the quality of care administered by the NHS is excellent. However, mistakes happen occasionally, leaving patients to struggle with life-altering injuries. If you have suffered an injury or illness as a result of delayed treatment by the NHS compensation can help you cover costs of your care.

Making a Complaint to the NHS

If you have been a victim of delayed treatment due to NHS negligence, making a complaint to the NHS is a good way to start. While the NHS complaints procedure does not result in financial compensation, it can help you learn about what went wrong and enhance your chances of making a claim against the NHS.

How Can I Sue the NHS for Delayed Treatment?

To make successful claims against the NHS, you must demonstrate and prove duty of care, breach of that duty, causation/negligence and damages.

  • Duty of care/breach of duty
  • First, you must prove that the NHS owed a duty of care towards you to protect your health and provide prompt and adequate treatment. The next step is to show that the medical professional responsible for your treatment failed to deliver the standard of care expected of a medical expert in the same field.
  • Causation
  • You need to prove that there was a direct link between the negligent treatment you received and the injury or illness you suffered.
  • Damages
  • This stage involves quantifying the financial settlement you should receive for the injury, pain and suffering you have incurred due to Medical Negligence. If you have reduced your work hours, quit work completely and/or are unable to continue working as you used to, you may be entitled to make NHS negligence claims for lost earnings as well as future lost income. This is in addition to compensation that covers your ongoing and future needs.

Making a Claim Against the NHS

If you think you have suffered an injury or illness as a result of delayed treatment at the NHS, do not hesitate to contact us. The panel of NHS Solicitors we work with will assess details of your case and let you know whether you have a reasonable chance of success. If you do, we will help you provide legal advice against the NHS to enhance your chances of success and make a No Win No Fee claim against the NHS on your behalf.

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