Tips for dealing with clinical negligence
Published Thu, Dec 20, 2012 Updated Tue, Feb 16, 2021
Whether you’ve gone in for a routine procedure or a major surgical operation, the consequences of clinical negligence can be crippling. As well as suffering from pain and other physical ailments, you may lose your ability to work and earn money. Take action and get entitlement compensation to cover your medical expenses and provide for your family by following these tips:
1. Keep copies of all medical records pertaining to your case
In order to win a clinical negligence case, you need to be able to prove that an error was made by your GP or other health care professional, and that you have suffered injury or illness as a result of that error. For this reason, you should order a copy all your medical records under the Data Protection Act 1998/Fees and Miscellaneous Provisions Regulations 2001. No reason needs to be given for the request. You should keep a copy of all receipts for doctor’s visits and special care services as well, as your award should cover all of the medical expenses related to treatment.
2. Keep track of time off and wages lost
If the clinical error has interfered with your ability to work, notify your employer immediately and provide them with supporting medical evidence. You may be able to use this evidence to receive disability payments during the time that you are incapacitated from work. Keep a record of all the dates you have been unable to work and how much you have lost in earnings as a result of the clinical error. If your claim is successful, you will recover these present and future lost earnings in the form of special damages compensation.
3. Contact a clinical negligence claims professional
Don’t be mistaken – making a complaint to the NHS is not the same as filing a clinical negligence claim. In order to be compensated for your bills and loss of quality of life, you need to contact experienced clinical negligence solicitors to review your claim and help you decide how to proceed with it. Remember that in most cases, you must file a claim within three years of the time the error occurred in order to receive compensation.
The right solicitor will have a history of successful claims and will help you pursue your claim at no cost to you — meaning that fees will either be covered by public funding or through your compensation award. He or she will also help you build the causation part of your case by getting the opinion of a medical expert and obtaining any subpoenaed records that may help back your claim. Clinical negligence cases can be long and complicated matters, so it’s important for you to remain patient and compliant throughout the process in order for your claim to proceed smoothly.