Hospital negligence claims and the process for making them is not that well covered in the media compared to other types of accident claim. This is because other types, such as road accident claims are simpler and more quickly resolved.
There are many errors which can constitute medical negligence such as delayed or incorrect diagnosis, inadequate carrying out of a treatment or prescribing the wrong medication. 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. A good first step is therefore to raise your concerns informally with the doctor or nurse involved. Should your issue fail to be resolved in this way then you can go on to make a formal complaint under the NHS complaints procedure. Formal complaints are investigated by the hospital and you should receive a response within 25 working days. 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.
If you are still not satisfied with the response you receive then your next two options are approaching the Healthcare Commission for a review or the independent Health Service 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. Although you may have to pay a small amount for the records, you are entitled to a copy by law.
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 there are grounds for a claim then the solicitor will begin 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.
If the doctor or hospital does not accept liability then your solicitor will start legal proceedings on your behalf. Although this may seem daunting, it is worth remembering that very few cases actually make it to trial. Most are settled out of court. All the same, it is common for claims to take years to be settled.