I feel I have received poor treatment from a doctor but don’t know what I can do about it?

If you feel a medical professional has treated you unreasonably, then there are basically two options open to you. 1. You can make a complaint against the medical professional involved or 2. You can make a claim for compensation. You do not need to seek the help of a solicitor when making a complaint however some people prefer to do so as it can be sometimes be an emotional and stressful process for them to follow alone.

How do I know if I have a claim for compensation or if I just have a cause for complaint?

Every health professional owes a duty of care towards their patients. Sometimes that duty is breached for a number of reasons. The law understands that not every medical professional is or can be perfect but it does expect a reasonable standard of care from them. So if a doctor, nurse or other health professional treats you reasonably then you will not have a claim for compensation. In those circumstances but where you are unhappy with the treatment you have received, you can make a complaint and this will be investigated.

If the treatment you received however was not of a reasonable standard and this caused your injury, then you may have a claim. Every case is individual with varying factors to be taken into account, so if you think you may have a claim then it important you speak to a solicitor and they will be able to consider the law and advise you accordingly.

I am still not sure if I have grounds to claim compensation, what are some common claims based on?

A claim can be brought about because of many breaches of duty such as: a failure to diagnose an illness, pain and distress caused whilst having surgery or aftercare, treatment carried out without a person’s consent or for a failure to point out risks of a procedure.

Can I only claim compensation for negligent treatment received from a doctor or nurse?

No, claims can be brought against all health professional, whether public or private. Whilst doctors and nurses are the common healthcare professionals we all think of, the term also includes dentists, opticians, therapists and practitioners of alternative medicines.

How long do I have to make a claim?

You have a period of three years to make a claim for compensation and this time period runs from the date when you first received the negligent treatment complained of or the date on which you first discovered that the treatment was negligent. However if the treatment occurred when you were a child, then the three years starts from your 18th birthday, thus expiring on your 21st birthday. There are circumstances when the time for bringing a claim may be shorter or extended and so if you think you have suffered as a result of medical treatment you have received, it is important that you contact a solicitor immediately.

How much compensation will I receive?

As each case is individual, the amount of compensation awarded will vary from claim to claim. However as a guide, the purpose of claiming compensation is to put you in the position you would have been in had you not received the negligent treatment. So factors such as a person’s age, severity of injury, employment status and associated losses caused as a result of the treatment will all be taken into account when assessing the amount of compensation you will receive if your claim succeeds. Depending on these varying factors to be considered, the amount of compensation could be anywhere from thousands to millions of pounds

How long will my claim take?

It is difficult to say how long a claim for compensation will take. The more complex a case is, the longer it may take to resolve. Cases involving serious injury can and usually take a number of years because more evidence is required to prove the injuries sustained and losses caused as a result.

Will I have to go to court if I claim for compensation?

The vast majority of claims settle out of court and so it is unlikely that you will have to attend court if you claim for compensation.

I need money and help now because of the treatment I have received. Can this be provided before my claim has been settled?

In the majority of cases, your solicitor will be able to assist you with rehabilitation and obtain interim payments of compensation which can be used to purchase much needed aids and equipment, care, surgery etc. You must bear in mind though that any monies you receive throughout your claim will be taken into account when the final settlement is reached.

How will I afford to make a claim for compensation?

There are many different funding options available to assist you. You may already have legal expense insurance, which provides funding for claims of clinical negligence. You may not be aware that your policies have such cover and so you should check your paperwork or with your insurance company if you are unsure. A lot of insurers will also allow you to choose which firm of solicitors represent you as it is important that you have some one suitably qualified and experienced in that field of law. Alternatively, other possible funding options are legal aid obtained from the Legal Services Commission if you are financially eligible or in appropriate cases it may be possible to obtain funding under a ‘no win, no fee’ agreement.

So who can help me claim for compensation?

If you, a family member or friend think you may have suffered as a result of treatment you have received from a medical professional, then Butcher & Barlow are here to help. You can discuss the details of your case in private with one of our specialist solicitors and we will be able to advise you on the law and whether you have a claim worth pursuing. A specialist will investigate your claim with your help in recollecting events, obtaining your medical records and arranging for an independent medical expert to assess the standard of care you received. Your claim will then be assessed taking into account your physical and psychological injuries, treatment needed to help these injuries heal, past and future financial losses and well as care and support you have received from family members and the effect your injuries have had on them. We will take the stress and worry away when seeking compensation and provide the legal support you need to see you to a successful conclusion.

If you would like to discuss any of the above in confidence with a qualified and experienced solicitor then please telephone and ask to speak to Laura Sheehan at Butcher & Barlow’s Northwich office on 01606 475 23.

First Meeting

A specialist solicitor will meet with you in person and discuss the background circumstances to your case in private. Your version of events will be noted down in some detail and a discussion will take place regarding your objectives so a plan can be developed between you and your solicitor to try and meet those objectives.

Advice will then be provided on the merits of your case (dependant on whether you wish to solely make a complaint or pursue a claim for compensation) and provided there is a potential claim to be pursued, the procedure for investigating this and obtaining evidence to support your claim will be explained to you together with an estimate of the timescales involved. Your financial circumstances and funding options will also be discussed and you will be assessed as to whether you will be eligible to receive public funding (Legal Aid).

Investigation

In cases where public funding is being provided and you have not previously made a complaint to the medical body that provided the treatment complained of, it might be necessary for the solicitor to make a complaint to them on your behalf. In cases where public funding is provided, if this stage is not completed, then it is unlikely that Legal Aid will be provided to allow investigation of your claim.

The next step is to then obtain your medical records and instruct an independent medical expert in a field relevant to your injury in order to provide an opinion on whether liability/negligence can be established against the treating body and importantly whether a link between that negligence and your injuries can be established i.e. can it be proved that the negligence caused the injuries complained of.

It may be the case that a number of medical experts have to be consulted to obtain evidence on these factors depending on the type and number of injuries complained of.

Once evidence has been obtained, you and solicitor will discuss the significance of this, whether it is supportive of a claim for compensation and if so the next steps and funding will again be discussed, referring back to your objectives to ensure a realistic outcome is being sought.

Making a Claim

If supportive evidence has been obtained, your solicitor will then forward a formal letter of claim to the relevant treating body. Your solicitor will have explained that once this letter is forwarded, the body will have a period of 21 days to acknowledge the letter and thereafter a period of 90 days to carry out their own investigations into the allegations. It is likely at this stage that the medical body will instruct their own solicitors to deal with the claim on their behalf.

From hereon, how the claim progresses depends on whether the medical body admit liability or dispute it and whether they agree that the said liability has caused the injuries complained of (“causation”).

Admission of Liability?

If liability and causation is admitted, then it is likely that further medical evidence will need to be obtained on your current condition and prognosis as a result of the negligence. This will assist in quantifying the value of your compensation based solely on the injuries you have sustained. Other losses will also be quantified such as any loss of earnings, care received in the past and that needed for the future, medical expenses such as physiotherapy costs and any other expenses incurred as a result of the negligence. Assistance may also be provided to treat your injuries if necessary and interim payments for compensation can be obtained prior to settlement of your case in order to assist financially in the meantime.

Hopefully the total value of your compensation can then be agreed between your solicitor and the solicitor instructed on behalf of the medical body. Payment will then be made and your solicitor will then seek to recover your costs from the medical body.

No Admission of Liability?

If liability or causation are not admitted immediately, this does not mean that they won’t be in the future. It may be the case that further medical or witness evidence is required before an admission is received. However if this is not the case, or if liability and causation are admitted but negotiations regarding the value of compensation irrevocably break down, then it may be necessary for court proceedings to be issued.

If this is the case, your solicitor will explain the procedure and timescales involved however you should note that the vast majority of claims settle before trial meaning it will not be necessary for you to actually attend court. Some find the prospect of court daunting and stressful but your solicitor can provide you with assurance on the court procedure to ease your concerns and will ultimately endeavour to settle your claim without the need for trial.

You should also be assured that throughout the whole of your case, your solicitor will keep you fully updated regarding your claim, the steps involved, the evidence obtained or required and ensure your instructions are taken on all aspects to ensure your objectives are achieved.

If you have any questions regarding a possible claim or wish to discuss treatment you have received from a medical professional then please telephone and ask to speak to Laura Sheehan at Butcher & Barlow’s Northwich office on 01606 475 23.