The above query is one which understandably considerations people who find themselves contemplating bringing a medical negligence declare. The sort of 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 shouldn’t affect your ongoing therapy – there will 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 specific physician or medical practitioner, towards whom you make allegations of negligence, then you’ll be able to ask on your care to be transferred to a different division or physician inside 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 will be a number of points to contemplate. These could 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 determination so that you can make primarily based in your particular person circumstances.
Do I want to alter my GP surgical procedure?
The identical guidelines apply to GPs as to some other physician. A affected person bringing a medical negligence declare towards their GP, the surgical procedure or a member of employees, shouldn’t be requested to go elsewhere. Nonetheless, you’ll be able to, after all, change surgical procedures if you wish to. Another 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 explicit subject with practising GP and medico-legal knowledgeable Dr James Jarvie in a latest episode of our podcast – KN talks. They talk about the chance that sufferers may very well get a greater service inside their present surgical procedure for the reason that medical doctors there can be particularly involved about what has occurred. The podcast, together with insights on different subjects surrounding authorized claims towards GP claims, will be discovered right here.
What about personal care?
Some sufferers bringing claims towards the NHS will need to have personal therapy going ahead and points to contemplate embrace prices and high quality of care.
Non-public remedies 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 the event you want therapy now then awaiting the result of a declare to pay for personal care is probably not the most effective route.
In some circumstances, it’s doable to acquire an interim fee from the Defendant to permit personal therapy to start. Typically, knowledgeable proof should be obtained to point out that the therapy is critical. Once more, that is one thing a solicitor will advise upon absolutely. 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 doable for our purchasers. James Bell has written about a few of the authorized points surrounding acquiring early funds for therapy in larger element right here.
What if my therapy is affected in a roundabout way as a result of I’ve complained?
Do you have to really feel that your therapy is compromised by the truth that you will have made a criticism or declare then this ought to be raised with the hospital, clinic or GP surgical procedure. If you’re 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 help and recommendation all through.
No matter your circumstances, you will need to not be dissuaded from making a declare over considerations that your therapy can be affected.
There may be additional details about find out how to carry a medical negligence declare on our web site.
If you’re involved in regards to 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 damage 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 spread of accidents, with explicit expertise in catastrophic accidents together with spinal twine accidents, mind accidents, delivery accidents and amputations. She has a specific curiosity in claims referring to neurological accidents.
