Clinical Negligence

We look to the medical profession to help us when we suffer injury, suffer ill health, give birth, or simply require basic medical care. Medical advances have produced wonderful solutions to the range of human medical conditions, and we are set in this century to see no less progress. However, things can go wrong. We have, or are currently acting for clients who have experienced:

• Birth trauma;
• Misdiagnosis;
• Mis-treatment;
• Operative complications;
• Infection by medical staff;
• Foreign body retention;
• Poor mental health management;
• Hepatitis C infection;
• Poor Practice and Standards, and;
• Lack of Consent to Treatment/informed consent.

This a small selection of the problems handled by our legal experts.

The trauma of an operation or medical care is heightened by poor care or a wrongful procedure. The question often asked is
"What can I do, what are my rights?"

A recent change in the civil law recognised that the early stages of medical accident claims should initially be steered away from litigation. Whilst it is right to seek a resolution to a complaint, it is also right that you should have access to clear and friendly advice as to the complaints process. If you have a medical compliant, use the following as a guide on how to progress your claim;

• Use the NHS Complaints procedure;
• Your complaint should be brought within 6 months of the treatment, or;
• Within 6 months of realising that you have a complaint, provided it is not more than 12 months after your treatment;
• If you are outside of these time periods, you can still make your initial complaint as detailed below, but you will not be able to enjoy the further benefits of the complaints procedure. If you are in this category, and have received your response, seek advice from us without delay;

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Local resolution

• Write to either the Chief Executive Officer of the treating hospital, or the Local Health Authority of the treating GP or Dentist, setting out the grounds for your complaint;
• You should receive an acknowledgment to your letter of complaint within 21 days, if you do not, send a chasing letter requesting they acknowledge your correspondence;
• You should receive a response within 3 months. It should set out the reasons why your treatment was/was not substandard with a full explanation;
• If you remain dissatisfied with the reasons given, then cover those points in dispute in further correspondence, requesting answers to your concerns;
• If you remain dissatisfied with their response, seek legal advice without delay;
• Once you have received the full written response you may be offered:
• A meeting with the staff, or;
• conciliation;
• Remember to obtain minutes of the meeting;
• If you are dissatisfied with the typed minutes, request a handwritten copy of the minutes.
• If you remain dissatisfied with the full written response you can request an Independent Review;

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Independent review

• You should make your request for a review with 28 days of the date of the full written response to your complaint;
• A Convenor will consider your request, with a lay chairperson, and clinician;
• You will have to provide a written statement of your complaint and grievances;
• The Convenor will decide to either:
• Try to obtain a full written response;
• Take no further action;
• refer your complaint to an Independent Review.
• If the Convenor refuses a Review he must give full reasons why he is doing so. If a Review is ordered, he will prepare a list of issues for investigation by the panel;
• The Review panel will be made up of:
• Independent Lay Chairperson;
• Convenor;
• A Lay panel member;
• They will be advised by two independent clinical assessors;
• A report will be prepared for the panel containing their findings;
• The Review panel will then investigate the complaint by interviewing all the parties;
• The Panel will then report and set out their findings, including an action plan for putting things right;
• The report is then circulated and within 20 days the Health Provider will provide you with a response of the action taken;

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Health Service Ombudsman

• If you remain unhappy about the contents of the investigation/report, you may complain to the Health Service Ombudsman. You should do so within one year of the event in question.

Remember if you are in doubt about this process, either:

• Seek the advice of a clinical negligence lawyer;
• Seek help from your local Citizens Advice Bureau.

Always remember your Limitation Date - if in doubt seek urgent legal advice.

You should note that to prove clinical negligence you must show that your care was:

• Substandard;
• Not that which would be given by a reasonably competent doctor.

Again if in doubt seek urgent legal advice, and keep a note of the events that have taken place.

If on reading these pages you would like to receive a free initial overview on your medical accident claim then please click here where you will be directed to our client questionnaire. Once you have completed and submitted this, we shall endeavour to review your case and contact you within 24 hours.

If your claim does not concern medical treatment and you would like to receive advice on your potential personal injury claim, then please click here.

By clicking on the link below, you will be directed to useful information and basic advice that will help you, especially if you are thinking of making a claim:

• Frequently Asked Questions

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