Health Insurance Claims News
Clinical negligence claims
Accident and Injury Claims news11th February 2010
While most people would trust that the doctors and nurses taking care of them are doing so to the best of their ability, this is unfortunately sometimes not the case and can lead to a clinical negligence claim being made.If a death, physical injury or mental illness is caused or contributed to by a breach of the duty of care committed during the provision of clinical or medical services, then the injured party may be entitled to financial compensation.
A breach of care can cover many areas, including inaccurate diagnosis, failure to adequately warn patients about the potential risks of treatments, surgical errors and delayed referral to specialists, among others. Such breaches can occur when being treated by GPs, NHS and private hospitals, dentists, nurses, occupational therapists and other health professionals.
Clinical negligence cases occur more frequently than people may think, with figures from the NHS Litigation Authority (NHSLA) showing that in 2008/09 it received 6,080 claims of clinical negligence against NHS bodies.
This is compared to 5,470 claims of clinical negligence in 2007/08.
However, making a clinical negligence claim is much more than simply making a complaint - you are asking for money to compensate you for an injury or illness you experience as a result of sub standard care.
According to the NHSLA, £769 million was paid out in connection with clinical negligence claims during 2008/09.
To succeed in a clinical negligence claim, the claimant must be able to prove that, on the balance of probabilities, there were serious errors in their treatment that a competent doctor would not have committed and that the errors in question had contributed to the injury they are complaining about.
In legal terms, medical negligence can be defined as: "Whether the health professional has been proved to be guilty of such failure as no doctor of ordinary skill would be guilty of if acting with ordinary care."
The amount of compensation won will depend on a number of factors including the extent or pain and distress caused, how much people earn and if the injury has impacted on their likely future earnings, as well as how many people are dependent on them financially.
There is a time limit on making medical negligence claims, proceedings must be started within three years of the injury being discovered, although the three-year rule does not begin until a person's 18th birthday. Different time limits also apply to people with learning difficulties or mental health issues and judges may also decide to overrule the time limit in certain cases.
So what should you do if you think you have a clinical negligence claim? The best course of action is to contact a solicitor who can help assess all of the information and decide whether or not they can help. A solicitor will also be able to advise you on whether it is worth pursuing compensation or if mediation, where you may be offered an explanation and apology, is the best route.
To find out more about how Brian Barr Solicitors can help your insurance claim,
call 0161 720 6700 or e-mail now for a free claim consultation.
