Hundreds of thousands of peope are treated in hospitals by the NHS each year and in most cases the treatment they receive is perfectly acceptable. However, it can and does occur that some patients are poorly treated or mistreated by NHS doctors and nurses, whether that is through a lack of knowledge, time or attention to detail – or worse. Either way, it boils down to medical negligence on the part of the NHS and you ARE entitled to claim for compensation if you suffer it.

There are certain things that need to be determined before a medical negligence solicitors can act and progress a case against the NHS for compensation.

Firstly, it has to be established that the NHS had a duty of care towards you. In other words, that they were duty bound to look after you whilst you were in their care. This is the simplest thing to establish as, for example, if you were in hospital for an operation it is up to the hospital that you receive the right and proper treatment before, during and after the operation for a reasonable amount of time.

Secondly, it has to be established that the hospital breached that duty of care in some way. This is one of the most difficult part to prove as this is the basis of any medical negligence case. Did the care or treatment of you fall below acceptable standards, was there medical negligence involved? This could be either by an act – removing the wrong organ for example – or through lack of action, such as keeping the hospital free of superbugs. Once it has been detrmined that you were mistreated, misdiagnosed or otherwise neglected the solicitor can move on to the final requirement.

That is that the negligence led to some sort of injury or illness. This can be even harder to prove than the fact that there was some kind of medical negligence – how did that negligence directly lead to your injury or illness? In most cases this is the bit that will determine just how much compensation you get should your claim prove to be successful. Many judges will set levels of compensation based on the level of suffering of the patient, as well as the type of negligence that was proven.

If you and your solicitor are confident then you can proceed with suing the NHS.

However, you may be struggling with the moral dilemma of suing a hospital or doctor, asking yourself what will happen to them. You might be worried that the doctor in question could lose their job. In most cases this is unlikely. However, if the medical negligence was life threatening it is possible – but in continuing your claim you could be saving a life or preventing suffering for other patients by stopping that doctor from practising further.

If you are suing a hospital rather than an individual you might be concerned that you will be costing the NHS vital money and therefore putting other patients at risk. You should know that the NHS sets aside a certain amount of money each year for claims such as yours and the more genuine claims that are brought against them, the more likely they are to improve their services and practices, leading to better care for everyone.

It can be a difficult decision to take, but you ARE entitled to compensation for any suffering you have felt resulting from medical negligence and your actions COULD prevent others from suffering the same. Your chosen medical negligence solicitor will be able to help you decide if you have a claim to make and will advise you on the moral dilemma based your individual circumstances.

Author Bio: Ben Greenwood is writing on behalf of Pearson Hinchliffe Solicitors, medical negligence solicitors and experts in suing the NHS.

Category: Legal
Keywords: medical negligence,medical negligence solicitors,medical negligence cases,suing the nhs