Medical Treatment Gone Wrong?
The clinical negligence team at Forbes Solicitors explain what can be done when medical treatment goes wrong causing additional harm
When medical care falls below standard and causes the patient additional harm, it is medical negligence, commonly referred to as clinical negligence.
MAKING A CLAIM
There are two main elements to a claim:
1 The standard of treatment needs to have fallen below the standard expected of a reasonably competent clinician dealing with the condition, at the relevant time.
2 If the treatment was below standard, it needs to have caused additional pain, suffering, loss and damage over and above that which a patient may have experienced had the treatment been appropriate.
A medical expert would need to review the medical records and provide their opinion on both elements to establish a claim. It is essentially a peer review.
INVESTIGATING A CLAIM
Making a formal written complaint to the treating hospital or clinic is often helpful. The complaint should be acknowledged within a few weeks, followed by a formal written response within a couple of months. If there has been a ‘never event’ or significant harm been identified, there ought to be a ‘duty of candour notification’ or ‘serious incident’ report. The Healthcare Safety Investigation Branch (HSIB) undertake maternity investigations in eligible circumstances particularly in stillbirth, neonatal death, severe brain injury and maternal death cases.
We can investigate a potential claim, obtain the medical records and consider the merits of a case. If there is a case, a written opinion from a medical expert, away from the local area, would be required. They will review the medical records and provide their opinion.
HOW MUCH WILL IT COST?
Legal aid is only available in serious birth brain injury cases. We accept cases on a no win no fee basis. We usually charge a 25 per cent success fee. If the claim is for an injured child, we do not charge a success fee. We may be able to obtain insurance to fund the expert’s fees involved in investigating case.
WHAT TYPE OF THINGS CAN YOU CLAIM FOR?
The injury and any losses arising from it. Loss of earnings, accommodation, transport, equipment, mobility, therapies, education and care and assistance with independent living. In a death case, loss of dependency on earnings, pension or the services the deceased provided.
HOW LONG WILL IT TAKE TO MAKE A CLAIM?
Much depends on whether the case is defended. If negligence and some harm is accepted, it may be possible to obtain an interim payment. A contested case can take a number of years. Most cases settle before a trial and mediation is encouraged.
HOW WILL THE MONEY BE PAID?
Usually as a lump sum at the end of the case. In very serious, catastrophic injury cases, the settlement may include a lump sum and index linked periodical payments for the rest of the claimant’s life.
Forbes Solicitors have an experienced Clinical Negligence Team dealing with all aspects of clinical negligence claims. For further information relating to any of the issues raised in this article, please contact one of the team on 01254 872 111.
