Before bringing a claim for medical negligence it is important to consider the NHS complaints procedure. If this is not followed by prospective claimants then it can be difficult to obtain funding for a claim from the Legal Services Commission. This is a procedure which is constantly being revised and reviewed, but the idea of the complaints system is to encourage greater openness between patients and clinicians, increase patient satisfaction and consumer confidence in the NHS. Furthermore it allows the NHS to identify potential risk areas which may invite further protective measures being put in to place.
The system has 3 stages:
* Local Resolution
* Independent Review/Healthcare Commission
* The Health Service Ombudsman
The complaint should be made within 6 months of the date of the incident or within 6 months of discovering the problem, provided it is within 12 months of the accident. However, taking legal action will stop the NHS Complaints Procedure.
As is probably evident from the above the procedure for complaints is long, arduous and overly complex. It may be that one of the main things which you want from the practitioner is an apology, in which case this might be the best course of action. However, it is not necessarily appropriate, especially if you have suffered a serious injury as a result of what might be deemed as medical negligence to go down this route.
If you are looking for damages as a result of your injuries then it may be an idea to look to bring a claim with The Injury Lawyers. At our firm, where the client is not eligible for public funding for their claim, we always assess whether it may be appropriate to bring a claim under a conditional fee arrangement. If you feel that you may have been a victim of medical negligence then please give us a call and see if we can pursue a claim for damages on your behalf.
