Thursday, June 25, 2009

Clinical Negligence - Steps Before You Take Legal Action

There is no question that in the UK, most treatment by doctors and nurses is of the very highest standards, both personal and technical. Health service professionals are people whose lives revolve around care for humanity. They work in time-frames and under budgetary restraint that would make most of us nervous wrecks. Sometimes, however, there are problems that occur and mistakes that happen. Patients are usually informed of serious risks ahead of time, but even so things slip through the cracks. Cases are misdiagnosed, operations are botched, the opportunities for general negligence take forms no one could possibly keep track of. Whether because of time-frames, budget restraints, not enough learning and continuing education, medical professionals are at risk for mistakes, just like the rest of humanity. Unfortunately, when they make a mistake, people's lives can be permanently changed.

If a mistake should occur, English law can determine whether the treatment was negligent, and award compensation. Negligence implies that the standard of care received was below the standard which is customary and reasonable for that medical process. If you believe this situation applies to you, be aware that there are strict time limits for registering your complaint, in some cases as few as thirteen weeks. The first course of action you should take is to talk directly to the medical practitioner.

There might have been a genuine misunderstanding that can be resolved. As with every formal action you take, make sure you document your concerns. Whether you include them in your complaint or not, be sure the treatment dates, procedures, actions taken and your reactions are noted by whatever means you can -- write them down, use a tape recorder, put them on your computer in a file. Good note-taking cannot be stressed enough.

Should this not satisfy, you should consider making a more formal complaint, writing to the Practice manager about the practitioner and what you feel went wrong. If a hospital is involved, write to the Complaints Manager. By registering your complaint, you show your concern about procedures or behaviors you want to address and you can request an apology. Only if these measures fail should you go to a solicitor.

Clinical negligence is a highly defended area so you will need a specialist, a solicitor who has experience and who can give you good advice.

No comments:

Post a Comment