The NHS has been under scrutiny lately due to a string of medical negligence cases. The reality is that its members are human, and they make mistakes of omission and commission on occasion. I am a huge fan of the service but have to admit there have been times I have been let down.
The sad fact is that sheer demand for its services from a growing and aging population and the expansion of bureaucracy over actual delivery of care have made matters worse. This is why sadly, medical negligence suits against the NHS are quite common.
I am not suggesting you sue at the drop of a hat BUT if you, or a member of your family, have been left with life changing circumstances you might feel you have no choice. In which case, here is an overview on how to file a
medical negligence lawsuit against the NHS.
Recognise the Issue
The first step
is to recognise that you have a medical malpractice case. You will have to
prove that the NHS and its staff were negligent in care, causing your pain,
suffering and injury. Negligence occurs when the standard of care fell below
the level expected. If you continue waiting for things to get better or assume
that the issue will be resolved eventually, you could end up with the statute
of limitations passing by, costing you your opportunity to sue for compensation.
Start Collecting Information
The first step
to winning a case is to prove that negligence has occurred, whether it was a
medical mistake, failure to diagnose a condition or failure to deliver
appropriate care. And this requires presenting the necessary evidence. Your
first step once you recognise that you have a medical negligence case is to
start collecting information. For example, you need to start collecting your
medical records. Note that you have the right to copies of your medical
records. You should start gathering your receipts and total up your related
expenses. However, you shouldn’t wait until you have all of the information
before you take the next step.
Arrange a Legal Consultation
Once you’ve
gathered at least some of your medical records and related information
regarding your situation, consult with a legal expert. The information you’ve
collected gives the attorneys the necessary information to determine whether or
not you have a case, what other information needs to be gathered and what else
needs to be done to build your case.
Don’t assume
you have to use the NHS complaints procedure before you talk to medical negligence
UK experts. You can file a complaint when you suspect negligence, especially if
you or your family member is still in the hospital. You can file a complaint as
the first step to gather information related to your claim. But don’t wait
until the NHS complaint procedure has concluded before you speak to a medical
expert. After all, you face limits on when you can file a claim, and you don’t
want to risk a slow bureaucracy causing the statute of limitations to expire.
And you should
also make sure that you speak with medical negligence lawyers who have
experience with the NHS. The best medical negligence solicitors will have
enough experience to understand their negotiation tactics and give you the
proper course of action to follow. Teams like The Medical Negligence Experts have settled many
cases against the NHS and will be better placed to help you. A generalist may
claim that they have extensive experience, but more often than not, only an
expert will be able to get the best settlement possible for your case.
Arrange Payment
Sometimes your
legal expenses insurance will pay medical negligence solicitors. Trade union
members may receive help from the trade union if they’re filing a medical negligence
case. Charities sometimes assist with these cases, though legal aid is almost
entirely reserved for medical negligence claims related to children who
suffered a birth injury. You can pay your own legal bills. The most common
solution, though, is a no win no fee model where you pay the solicitor out of
the final settlement received.
File the Claim with the NHS
The next step in
this process is to file a formal medical negligence claim against the NHS. The NHS
Litigation Authority handles the cases brought against the NHS for medical
negligence. In rare cases, the case will be referred to a third group such as
the Vaccine Damage Payment Unit. And the NHS LA is typically the final step,
since fewer than two in a hundred cases go from the NHS LA to court.
At this point,
your medical negligence claims UK solicitor will present the case, show the
evidence and argue the case on your behalf. You may be personally sent for a second
medical evaluation, be asked for further paperwork or questioned. However, most
of the work will be done by the legal team, not you.
Conclusion
Once you recognise
the issue, you need to start gathering the information your solicitor needs to
understand your situation. Meet with a medical negligence expert to review your
case, and then you can determine a payment method. Once that’s resolved, your
attorney can file the claim.
Disclaimer: Collaborative post.