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 isn’t unusual for circumstances to take a number of years to conclude. Some sufferers would require persevering with medical care or remedy throughout this time.
The straightforward reply to the query is that making a declare for scientific negligence shouldn’t influence your ongoing remedy – there might be no discrimination towards those that are bringing such claims.
The connection of belief is necessary between physician and affected person and it’s comprehensible that this may break down in some circumstances the place a declare is being made. If you don’t want to proceed to see a selected physician or medical practitioner, towards whom you’re making allegations of negligence, then you’ll be able to ask on your care to be transferred to a different division or physician throughout the treating hospital – topic to any related points with the actual remedy.
Altering Hospitals
If you wish to transfer hospital, versus merely seeing a special physician or practitioner inside your present treating hospital, then there might be a number of points to contemplate. These could embody whether or not your treating hospital specialises within the space of remedy you require in addition to the hospital’s location. Finally, it’s a determination so that you can make primarily based in your particular person circumstances.
Do I want to vary my GP surgical procedure?
The identical guidelines apply to GPs as to some other physician. A affected person bringing a scientific negligence declare towards their GP, the surgical procedure or a member of workers, shouldn’t be requested to go elsewhere. Nevertheless, you’ll be able to, in fact, change surgical procedures if you wish to. An alternative choice is to ask to see a special GP inside your present surgical procedure.
Kingsley Napley’s James Bell, Head of Medical Negligence, discusses this specific subject with working towards GP and medico-legal skilled Dr James Jarvie in a current episode of our podcast – KN talks. They talk about the likelihood that sufferers may very well get a greater service inside their present surgical procedure because the medical doctors there shall be particularly involved about what has occurred. The podcast, together with insights on different subjects surrounding authorized claims towards GP claims, might be discovered right here.
What about non-public care?
Some sufferers bringing claims towards the NHS will need to have non-public remedy going ahead and points to contemplate embody prices and high quality of care.
Non-public therapies can typically be claimed as a part of scientific negligence compensation however the extent of that is an space the place a specialist medical solicitor might want to advise.
When you want remedy now then awaiting the end result of a declare to pay for personal care will not be the very best route.
In some circumstances, it’s potential to acquire an interim cost from the Defendant to permit non-public remedy to start. Usually, skilled proof should be obtained to point out that the remedy is critical. Once more, that is one thing a solicitor will advise upon totally. It is very important instruct a solicitor with vital expertise of medical negligence claims. At Kingsley Napley, our specialist workforce are extremely skilled in acquiring early interim funds the place potential for our shoppers. James Bell has written about a few of the authorized points surrounding acquiring early funds for remedy in higher element right here.
What if my remedy is affected not directly as a result of I’ve complained?
Must you really feel that your remedy is compromised by the truth that you’ve gotten made a criticism or declare then this needs 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’ll be able to talk about along with your solicitor who ought to present assist and recommendation all through.
No matter your circumstances, it’s essential to not be dissuaded from making a declare over considerations that your remedy shall be affected.
There’s additional details about tips on how to convey a medical negligence declare on our web site.
In case you are involved in regards to the medical remedy 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 damage claims, together with these with a global component, having labored as a paralegal previous to qualifying as a solicitor in 2021. Hannah has acted for shoppers with a spread of accidents, with specific expertise in catastrophic accidents together with spinal twine accidents, mind accidents, beginning accidents and amputations. She has a selected curiosity in claims referring to neurological accidents.
