In the vast majority of cases, medical treatment in this country is carried out very competently. However, accidents do happen, and when an accident is attributed to a medical mistake and you have been injured as a result then a claim for compensation – a clinical negligence claim – may be possible.
Our aim is to support victims of these incidents through the difficult process of a legal claim. If someone is injured and unable work or do the things they want to do as a result of a medical mistake, should the state not compensate them? In the worst case scenario, where a family loses a relative through the actions of a negligent doctor, they should be compensated.
The issues behind the headlines are very often complex and emotive and unique to each client’s case. It is our experience however that there can be many reasons why a client may bring a claim. Some want compensation so that financially they and their families can deal with the disability or the loss and build a more secure future. Most want things to change; they often say that they do not want the same thing to happen to somebody else and by making a claim, which a Health Care Trust is then required to investigate, lessons can be learned and things can be improved. Some clients simply want an apology. Sometimes a Trust will issue an apology. When you succeed with a claim for Medical Negligence the only thing you can expect to achieve is compensation to reflect the preventable harm that you or your family has sustained. However, it is quite rare for this to be a client’s main objective.
When a medical accident happens it can have a profound effect on the lives of the victim and their family. At TSP we work closely with AvMA, the charity for patient safety and justice, seeking improvements to patient safety and supporting the victims of these accidents. Team leader Julian Wilson is an AvMA accredited Medical Negligence specialist.
- An incorrect or delayed diagnosis of your condition
- Delay in treatment
- Mistakes made during a medical procedure or operation
- Birth injury or complications to either mother or baby, or both
- Discharging you from hospital care instead of admitting you
This is by no means a comprehensive list and there are many other examples of areas where a medical accident may occur and a claim for medical negligence arise. Visit our Compensation Case Studies page for more information on the type of cases our team have worked on and an indication of the levels of compensation which we have secured for our clients.
A claim can, in some cases, take a long time to settle, and be very stressful for the person making the claim. You will no doubt be asked to talk about what happened to you or to your family member a number of times during the course of a claim. At TSP we understand that this will be traumatic and very upsetting for you and our aim is to help you through the process as sensitively as we can, in a professional and sympathetic manner.
If you have a complaint about the standard of care or treatment you have received from the NHS or from an independent healthcare provider and think that as a result you may have a clinical medical negligence claim, in addition to contacting TSP, you should submit a formal complaint to the practitioner or organisation to which your complaint relates. This should be done as soon as possible, and, ideally, no later than 12 months after the date of the event about which you are complaining about. See our making a complaint page.
To help you understand whether a claim may be possible and to explain the steps in the process the Clinical Negligence team at TSP have put together a comprehensive guide to Medical Negligence claims.
In the guide you will find detailed information about the different types of Medical Negligence claim and what to do if you believe you or a family member have been a victim of Medical Negligence. The guide also provides useful information about the steps in the Claim Process and the different funding options available.