Is making a medical negligence declare more likely to have an effect on my ongoing NHS therapy? | Medical Negligence and Private Damage Weblog | Kingsley Napley

The above query is one which understandably considerations people who find themselves contemplating bringing a medical negligence declare. Such a authorized declare can take a very long time to resolve. Though not all the time the case, it’s not unusual for circumstances to take a number of years to conclude. Some sufferers would require persevering with medical care or therapy throughout this time.

The easy reply to the query is that making a declare for medical negligence mustn’t impression your ongoing therapy – there might be no discrimination in opposition to those that are bringing such claims.

The connection of belief is vital between physician and affected person and it’s comprehensible that this could break down in some circumstances the place a declare is being made. If you don’t want to proceed to see a specific physician or medical practitioner, in opposition to whom you’re making allegations of negligence, then you possibly can ask to your care to be transferred to a different division or physician throughout the treating hospital – topic to any related points with the actual therapy.

Altering Hospitals

If you wish to transfer hospital, versus merely seeing a distinct physician or practitioner inside your present treating hospital, then there might be a number of points to think about. These might embrace whether or not your treating hospital specialises within the space of therapy you require in addition to the hospital’s location. In the end, it’s a choice so that you can make based mostly in your particular person circumstances.

Do I would like to vary my GP surgical procedure?

The identical guidelines apply to GPs as to another physician. A affected person bringing a medical negligence declare in opposition to their GP, the surgical procedure or a member of workers, shouldn’t be requested to go elsewhere. Nevertheless, you possibly can, in fact, change surgical procedures if you wish to. An alternative choice is to ask to see a distinct GP inside your present surgical procedure.

Kingsley Napley’s James Bell, Head of Medical Negligence, discusses this specific challenge with working towards GP and medico-legal knowledgeable Dr James Jarvie in a latest episode of our podcast – KN talks. They focus on the likelihood that sufferers may very well get a greater service inside their present surgical procedure because the docs there shall be particularly involved about what has occurred. The podcast, together with insights on different subjects surrounding authorized claims in opposition to GP claims, might be discovered right here.

What about non-public care?

Some sufferers bringing claims in opposition to the NHS will need to have non-public therapy going ahead and points to think about embrace prices and high quality of care.

Non-public therapies can typically be claimed as a part of medical negligence compensation however the extent of that is an space the place a specialist medical solicitor might want to advise.

In case you want therapy now then awaiting the end result of a declare to pay for personal care is probably not the very best route.

In some circumstances, it’s doable to acquire an interim fee from the Defendant to permit non-public therapy to start. Usually, knowledgeable proof have to be obtained to indicate that the therapy is critical. Once more, that is one thing a solicitor will advise upon totally. You will need to instruct a solicitor with important expertise of medical negligence claims. At Kingsley Napley, our specialist workforce are extremely skilled in acquiring early interim funds the place doable for our purchasers. James Bell has written about among the authorized points surrounding acquiring early funds for therapy in higher element right here.

What if my therapy is affected in a roundabout way as a result of I’ve complained?

Must you really feel that your therapy is compromised by the truth that you’ve got made a grievance or declare then this ought to be raised with the hospital, clinic or GP surgical procedure. In case you are within the course of of constructing a declare that is additionally a matter you possibly can focus on together with your solicitor who ought to present assist and recommendation all through.

No matter your circumstances, you will need to not be dissuaded from making a declare over considerations that your therapy shall be affected.  

There’s additional details about tips on how to carry a medical negligence declare on our web site. 

In case you are involved concerning the medical therapy that you just or a member of your loved ones has acquired, please contact our pleasant and delicate workforce for a no obligation dialogue.

ABOUT THE AUTHOR

Hannah Fletcher has over 5 years’ expertise in each medical negligence and private harm claims, together with these with a world ingredient, having labored as a paralegal previous to qualifying as a solicitor in 2021. Hannah has acted for purchasers with a variety of accidents, with specific expertise in catastrophic accidents together with spinal twine accidents, mind accidents, beginning accidents and amputations. She has a specific curiosity in claims regarding neurological accidents.