Everything Know about NHS Medical Negligence Claims - Medical Negligence

The National Health Service (NHS) — one of the oldest and biggest medical care institutions — plays a key role in the health care of millions of patients every year. Medical care here is usually standard and most patients are discharged without any issues.

However, the increasing patient population puts more than usual pressure on the NHS, and the quality of healthcare may fall below required standards. You may be able to make NHS negligence claims if you have received substandard care by a medical professional at the NHS.

It is important that the victim of medical negligence receives his or her compensation quickly in order to care for their health needs. Unfortunately, making a claim can be a complex, lengthy and stressful process. To make a successful claim and receive the compensation you deserve, there are important things about NHS medical negligence claims you should know.

1. The NHS Resolution:

The NHS Resolution is responsible for managing medical negligence claims against the NHS. In most cases, claims against the NHS are settled out of court or dropped; in fact, only less than 2% of claims end up in court. The NHS Resolution has a database of information where it stores claims filed against the NHS, as well as ‘incidents’ and potential claims where legal action has not taken yet but where a patient has made it clear that they would make a claim.

2. Compensation:

If you have suffered an injury or loss as a direct result of the negligent treatment you received, you can make a claim for compensation. This claim may include compensation for pain and suffering, psychological damage, and loss of earnings. A claim can also be filed on behalf of the next of kin of a person who has died or has lost the capacity to make a claim on their own.

3. Compensation Schemes:

Certain injuries may require special compensation for the damages caused. You may be entitled to make a claim under the special compensation scheme without heading to court. For instance, if you have suffered an illness after a vaccination was administered, you could make a compensation claim to the Vaccine Damage Payment Unit. People who contract HIV when treating other ailments can claim payments from the Government and from the MacFarlane Trust.

4. Time Limits:

Medical negligence claims are subject to a three-year ‘limitation period’. This means that you must issue your claim within 3 years from when the alleged negligence occurred or from when you first realized you had an injury or illness.

If the victim is a child, the 3-year limit does not apply until they turn 18. If the victim is an individual who lacks the capacity to file a claim due to a mental disability, the 3-year limit does not also begin until (and unless) they fully recover from the condition. In both cases, a close relative or parent can make a claim on their behalf.

5. Working with a Solicitor:

You should see a specialized medical negligence solicitor for your case. If, for instance, a misdiagnosis by a medical professional has led to your injury, a misdiagnosis claims solicitor will be best placed to handle your claim. In the UK, there are two panels — the Law Society and the Action against Medical Accidents (AvMA) — recognized for the administration of specialized medical negligence solicitors.

The medical negligence solicitor will evaluate your case and determine if it is strong enough for a claim. To achieve this goal, they will require as much information as possible. So, it is important that you keep records of every relevant piece of your medical care, as well as any documents relating to the complaints’ procedure. Also ensure you store records of loss of earnings and any expenses the damage has caused you. If the solicitor decides that you have a reasonable chance of success, he or she will give you an idea how much your claim might be worth.

6. Letter of Claim:

If you decide against working with a medical negligence solicitor and plan on representing yourself instead, you will need to send a letter of claim to the NHS Trust responsible for your medical treatment. This letter should include your full name and address, date of birth, treatment dates, national insurance number, and the names of the healthcare professionals involved.

Your letter of claim should precisely state the nature of the alleged negligent care, against which medical personnel, and on what date. It should also state the nature of damage caused by the negligent care, and the kind of compensation you seek.

Funding a Medical Negligence Claims:

Your medical negligence solicitor will discuss the funding options available to you. Different solicitor firms work with different funding arrangements for their clients. While some will deduct a ‘success fee’ from your award of compensation if the claim is successful, some do not. So, it is important that you carefully choose the medical negligence solicitors you work with.

Funding options for medical negligence claims include:

Legal Aid: Legal aid seized to cover medical negligence claims since April 2013. However, certain illnesses involving children may receive limited public funding. An example is if the child has suffered a birth injury.

Insurance Policies: Some insurance policies provide cover for legal expenses which could be used to fund a medical negligence claim. However, these policies usually have a set limit on the legal costs they cover, and you may have to choose a solicitor on the insurer’s list. If you are funding your claim through this policy, you should ask for a medical negligence specialist.

Conditional Fee Agreements: Often known as ‘no-win no-fee’ agreements, this funding method is such that you will not have to pay any legal fees to your solicitor if you do not win the case. But if you are successful, the solicitor may take some percentage off your compensation as a success fee.

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How to Make a Medical Negligence Claim? Medical Negligence Direct

Making a Medical Negligence Claim can feel like a complex and daunting project, but with the right knowledge and support, the process can be quite straightforward and hassle-free. If you believe you have suffered damage as a result of the negligent behavior of a healthcare professional, you may be entitled to claim for compensation.

This article is designed to help you understand what it takes to make a medical negligence claim, and how medical negligence solicitors can walk you through the process to give you the best chance of a favorable outcome.

STEPS TO MAKING A MEDICAL NEGLIGENCE CLAIM

• Contact a Medical Negligence Solicitor

Medical law is arguably one of the most complicated aspects of law as it largely relies on unbiased medical expert reports which solicitors cannot control. The first step to making a medical negligence claim is to contact a solicitor. The solicitor will request for all relevant records and documents for your case, and determine if it is strong enough to make a claim. This step is important as it takes the worry and stress associated with handling such cases. Medical negligence solicitors are used to these cases and will prepare your claim for the proceedings that follow.

• Letter of Notification

In NHS medical negligence claims, a letter of notification will be sent to the NHS Trust as soon as medical negligence is established by your solicitor. This letter is aimed at giving the defendant a ‘heads-up’ that you intend pursuing a claim, and gives them an opportunity to seek early resolution.

• Submitting Your Claim

Following the notification submitted to the NHS Trust, your solicitor will submit a letter of claim which sets the facts right in clear details, including the precise errors in the alleged breach of duty. The letter will also include facts about how the injury has affected you or your loved one’s health, and the level of compensation you seek.

• The Defendant’s Response

Once your claim is sent to the defendant, they must respond within 4 months. The response will either be to admit responsibility and offer compensation or deny negligence. Depending on the defendant’s response, your solicitor will advise you on what the next course of action should be.

• Trial in Court

If the defendant’s response is not satisfactory, your medical negligence solicitor can initiate court proceedings. A ‘Particulars of Claim’ will be drafted and submitted to the relevant local court, and the defendant will have to respond within 28 days. The court will notify both parties involved of a court hearing date, which will usually be around 18 months from the date of the defendant’s response to the proceedings.

However, most claims that reach this stage are usually settled out of court before the eventual trial.

• Pre-trial Settlement

As you await the trial in court, your solicitor will negotiate on your behalf to agree on a settlement fee. An agreement is usually reached at this stage, and if this happens in your case, there will be no more need for a court trial.

• Court Hearing

If an agreement cannot be reached before the trial date, the hearing will go on as scheduled. With a specialist medical negligence solicitor behind you, you can still rest assured of a chance of success. Your solicitor will use the medical negligence claim calculator to determine how much your claim could be worth, and this figure will be used both during the negotiation process and court proceedings to get you the compensation you deserve.

Funding a Medical Negligence Claim

There are different funding options for medical negligence claims in the UK. These include using legal expenses insurance, legal aid, and the medical negligence no-win no fee agreement. The no-win no-fee agreement is the most common option as you wouldn’t have to pay any legal fees at the beginning of the claim. This agreement requires that you only contribute towards the expenses if your claim is successful.

Medical Negligence Claims in the UK

If you have little or no legal knowledge, pursuing a medical negligence claim can seem like a huge challenge. But it is actually easier than you think; with the right support and advice, you can make the best decisions for your future and receive the compensation you deserve.

For your medical negligence claim to succeed, you are expected to show that the treatment you received was substandard, and has directly caused injury or worsened an existing condition. 

If you have suffered an injury as a result of negligent care by a medical professional in the UK, this article discusses all you need to know about medical negligence claims.

1. Preparing a Medical Negligence Claim - To ensure you receive the compensation that covers all the damages suffered as well as your future needs, you need to hire a medical negligence solicitor. In preparing your claim, medical negligence solicitors will want to fully understand the impact that the negligent care has had on your life, and this can involve obtaining relevant medical records and seeking the opinion of experts. Ensuring a thorough job is done may take some time, but this will increase your chances of success.
2. The Claims Process - Truth is, not every individual affected by substandard medical care is interested in receiving a compensation. In some cases, they may just want a simple apology; sometimes they just want justice to be done, or assurances that no one else suffers the same negligent care. Pursuing compensation claim for medical negligence will only provide you with financial compensation. However, if you wish to explore other options, your medical negligence solicitor will walk you through the process. Regardless of whether you decide to pursue a compensation claim, you are entitled to file a written complaint about the substandard care you received either from the NHS or privately. Yes, you can hold any medical practitioner accountable if you can prove that the treatment provided was below the minimum competence standards. Also take not that there is a six-month window for those who wish to file formal complaints, so it is best you avoid delay.
3. Finding a Solicitor - It is important that you work with an experienced and knowledgeable medical negligence solicitor - one who is a specialist in the field of medical negligence you are making a claim. Through the eye of their experience, they will tell you whether they think you have a case for pursuing a medical negligence claim. If you do, you will be made aware of your legal options every step of the way.
4. Funding the Claims Process - Before now, patients who suffered negligent care by medical professional had the right to legal aid to fund their claims. Since April 2013, however, legal aid funding is now limited to a small number of medical negligence cases. To fund medical negligence claims, you may enter into a conditional fee agreement (commonly called "No Win, No Fee"). This is an arrangement between you and your medical negligence solicitor which means that you will not have to pay any legal fees if your compensation claim is unsuccessful. Sometimes claimants prefer to fund their medical negligence claims privately, though this is quite unusual.
5. Medical Witnesses - The professional opinion of a medical witness is required in most claim cases as this will help to establish medical negligence, the link between the substandard care and the damage, as well as the long-term impact for the individual pursuing the claim. This is why it is important that you work with a trustworthy and experienced solicitor who can walk you through the various hurdles and help you make the right decisions.
6. You Probably Won't Go to Court -  Only a few cases go as far as a full trial. In most claim cases, the defense offers a commensurate financial settlement to ensure the case is settled out of court. However, you must be prepared for the possibility of a trial, and this largely depends on the facts of your claim.

Pursuing a medical negligence claim can be a daunting task. However, with the right support and proof of negligent care, you can have a great chance of success. Ensure you choose a medical negligence solicitor who is experienced and knowledgeable about your case.