Medical
Negligence FAQs

In order to bring a claim for medical negligence, we have to prove that there was negligent medical care which has directly caused harm or injury.

Once this has been proven, a claim is made on your behalf for general damages such as pain, suffering and loss of amenity. But also for special damages which are quantifiable losses, including past and future losses, for example:

• private surgery or medications;
• loss of earnings;
• travel expenses;
• care experts;
• rehabilitation costs;
• adaptations to your current home/new home;
• employment experts.

If your loved one has sadly died as a result of medical negligence, our solicitors will look to claim any past and future financial losses, and try to provide assistance with issues such as, any care that your loved one may have provided to other family members.

Typically losses include:

• loss of maternal services;
• loss of carer services;
• statutory bereavement award;
• past/future loss of earnings;
• probate costs;
• funeral expenses.

In certain situations there may be the need for an inquest, naturally this can be difficult to deal with and we can provide you with help and guidance through the inquest process, when required.

Once we have identified whether there has been any medical negligence and the nature of the injury, we will inform you of whom we will be claiming against on your behalf.

If your medical treatment was provided by your GP, then we will sue your GP. If your medical treatment was in a NHS Hospital or the NHS paid for your care in a private facility, then we will make a claim against the Health Board or Trust that is responsible for the Hospital or paying for your care. We will not sue the individual doctor, nurse or medical professional personally. If, however, you received your care in a private hospital then we would sue the individual doctor who provided the treatment.

Making a claim for compensation where you believe medical negligence to have taken place is never an easy decision. You will have placed your trust in the medical practitioners involved, and as such, your faith in the medical profession is likely to have been shaken.

We understand that receiving bad news can place strain and worry on you and our specialist team and welfare managers are here to help make that process easier for you. By making a claim you can use any compensation that is successfully obtained in order to rehabilitate yourself and try to regain some sense of normality in your life.

Our team of medical negligence solicitors can help you to recover compensation for your pain and suffering and also to cover the costs of having the treatment rectified by another medical professional, as well as any other expenses or losses that you have incurred as a result of the negligent surgery.

You have to bring your claim within 3 years of the date of the negligent medical treatment, or within 3 years of the date that you became aware of the injury caused as a direct result of the medical treatment received.

If the affected person is a child then the 3 year period does not begin to run until the child reaches 18 years of age. Similarly, if the injured person lacks capacity to manage his or her own affairs, the 3 year period does not begin to run until he or she regains capacity. If this never happens, then the 3 year period never starts to run.

If you think that you may have a claim do not delay in seeking legal advice, as it is best to start the process as soon as you can.

If you are not happy with the medical treatment that has been provided under the NHS you have a right to have your concerns investigated and to be given a full response.

You can ask for the following under the NHS Complaints Procedure:

• an explanation for what has happened
• an apology or other statement of regret
• steps to review procedures to avoid such incidents in future

In general the NHS cannot:

• Offer financial compensation, although in some circumstances NHS bodies will agree to an ex-gratia payment for relatively small sums.
• Address issues of staff discipline, for instance sacking staff or striking off a practitioner. Although disciplinary action may result as a consequence of information obtained through complaints investigations.

Stage 1: Local Resolution

Time limits for making a complaint:

Your complaint should be made no later than 12 months after the event in question, or from the date that you were first made aware of the issues.

NHS organisations do have discretion to consider complaints outside these time limits. However, it is always best to make your complaint as soon as possible, so that the recollection of all persons involved is fresh.

Your complaint should be made in writing and addressed to the Chief Executive or, in the case of family health services, the Complaints Manager at the practice concerned.

GP and Dental Practices:

Complaints should first be made directly to the service. However, NHS England commissions most primary care services, therefore you can ask them to look into the matter. They can be contacted by:

• post: NHS England PO Box 16738 Redditch B97 9PT
• email: england.contactus@nhs.net
• telephone: 0300 311 22 33

What to include in the complaint:

• who or what you are complaining about
• where and when the event(s) happened
• what you have done already about the complaint
• the result you are looking for
• you have a right to ask for an Independent Clinical Review of the complaint by a Consultant in the relevant field of medicine or surgery, who is independent of the hospital/practice
• if there has been a Serious Incident investigation, or other internal investigation, you should usually be able to have a copy of this

What happens next?

The healthcare provider should acknowledge the complaint within 3 working days. They should then:

• give you the opportunity to discuss your complaint
• confirm the way it will be investigated
• confirm the timescale of the investigation
• confirm when you will receive the response and conclusion to your complaint

At the end of the investigation, you should receive a formal written response. Sometimes, as part of the investigation, you may be invited to a meeting.

There is no formal time limit for the NHS to investigate and respond to your complaint. However, the whole process should be discussed and agreed with you, including any extensions, and should really be completed within 6 months.

What happens if I am not happy with the response to my complaint?

If you think that the NHS has not answered all of your concerns, then you can ask them to take further steps. This can be by asking for a further investigation or examination of the medical records. You could ask the hospital to consider obtaining an independent report from a medical expert, which can be very helpful in resolving any dispute about the medical issues.

If you are still not satisfied with the response to your complaint, you have the right to request an Independent Review by the Health Service Ombudsman.

Stage 2: Independent Review by the Parliamentary and Health Service Ombudsman (PHSO)

If you have attempted Local Resolution and are not happy with the result, or the organisation you have complained about has not completed its investigation within a reasonable time, you have the right to ask for an Independent Review of your complaint by the Parliamentary and Health Service Ombudsman.

You should make a request for an Independent Review within 12 months of the incident in question occurring, or when you first became aware that something had gone wrong.

You should write to the Ombudsman providing:

• a summary of the events in question
• the main concerns
• what action has been taken so far
• the aspects that you remain unhappy with
• why you think an Independent Review would be helpful

The Ombudsman does not accept all cases for review. They will let you know within 5 days who is dealing with the matter. Many of the cases being considered by the Ombudsman will be dealt with in a matter of months and around 80% will be dealt within 40 working days.

If your complaint is found to be justified, the Ombudsman will seek an apology or other remedy for you. This may include calling for changes to prevent such an incident happening again, or reviewing procedures. The Ombudsman can recommend compensation. If the amount of financial compensation sought is very large, or if responsibility for a failing is denied, it may be necessary to take legal action.

You can write to the Ombudsman at:

The Parliamentary and Health Service Ombudsman Millbank Tower, Millbank London, SW1P 4Q