The Complaints Process Before Hospital Negligence Claims
Thursday, June 17th, 2010 Hospital negligence claims and the process for making them is not that well covered in the media compared to other types of accident claim. Perhaps this is because other claims such as road accident claims are less complex and are generally settled much more quickly.
Amongst the many errors which could potentially constitute medical negligence are prescription of the wrong medication, incorrect diagnosis or carrying out a treatment incorrectly. However, because making a medical negligence claim can be so complex and is often an unwelcome distraction at what is often an already distressing time for many individuals; it is not the route to take for everyone.
A lot of victims of injury caused by hospital negligence simply want an explanation, apology and assurance that the same won’t happen to other patients. Therefore, there first step can often be simple making an informal complaint to the healthcare professional involved. The NHS complaints procedure will allow you to make a formal complaint should your informal one not yield a satisfactory response. The hospital itself will then have twenty five working days to investigate your concerns and give you a response. Bear in mind however, that the complaints procedure will only be open to you within six months of the act you’re 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. This area of law is complicated so be sure to choose an experienced solicitor. You will need to obtain a copy of your medical records. You are entitled to a copy under the Data Protection Act but you may be required to pay for it.
The lawyer will show your medical records to an impartial medical expert who will compile a report on whether negligence occurred and whether you have reason to claim. If you do have a case then your lawyer starts the ball rolling by writing a letter of claim to the doctor or hospital concerned. They will then have a deadline of three months to respond, either accepting or denying liability and giving their reasons for doing so.
Should they deny liability then your solicitor will begin legal proceedings for you. Although this may seem daunting, it is worth remembering that very few cases actually make it to trial. The vast majority are settled out of court. However, it is not unusual for these cases to take a number of years to be settled.
Mail this post