Why You Shouldn’t Be Afraid to Sue the NHS
Medical negligence, be it a misdiagnosis or a botched surgical procedure, can lead to its victims experiencing severe physical and emotional problems, and in some cases, even death. The effects of medical negligence tend to be more deep-seated than those of other compensation cases; physical injuries can last lifetimes, whilst the emotional scars left by the failure of a trustworthy figure can lead to many shunning hospitals and GPs altogether.
The prospect of suing an organisation that ultimately saves lives and ensures the health of thousands of people is one that, quite naturally, worries people.
The NHS is a cornerstone of British society and our universal healthcare system is one to be extremely proud of. Take into consideration the very public spending cuts imposed on the NHS in recent years, and the idea of trying to claim money from the system seems quite off-putting.
However, victims of medical negligence shouldn’t be afraid of suing the NHS. When we are admitted to hospital, we place our trust into the hands of highly-trained medical professionals who we expect to do their best in order to nurse us back to health. A breach of this trust via negligence on the part of professionals should be viewed in the same way as accident at work caused by a lack of training; your injuries are the fault of someone else and you deserve damages for any distress caused or earnings lost.
Why A Specialist Medical Negligence Solicitor Is Important
Launching a case against an organisation as large as the NHS can seem slightly overwhelming, especially if you have no previous experience of the legal system. However, with a specialist medical negligence solicitor, the process is can be broken down into manageable sections. A good solicitor will advise you on the complexities of the case, from finding the evidence for your claim that a medical professional did not provide a ‘reasonable standard of care’ to identifying which NHS Trust or organisation you should be claiming from.
Any fear about getting lost in the jargon of medicine during a legal case can be allayed by the help of a trained medical negligence solicitor, whom are trained specifically to deal with clinical cases. Specialist solicitors can be identified through their accreditations, with membership of the Action Against Medical Accident Referral Panel particularly important in medical negligence cases.
Help With Legal Costs
Money is another reason victims of medical negligence can be afraid of claiming compensation. However, the Legal Services Commission can provide Legal Aid to claimants unable to afford the costs associated with medical negligence cases. These funds can only be accessed through certain specialist solicitors however, so make sure to check if your solicitor can access these funds for you.
Another financial route is a Conditional Fee Agreement, more commonly known as No Win No Fee. In these cases, your solicitor will not take a fee if your case is unsuccessful. However, you may be liable for the costs of your opponent, so it’s important to also consider ‘after the event’ insurance, which offers a back-up should your case be unsuccessful.
Starting legal action against an organisation as large as the NHS, let alone one that helps so many people on a daily basis, can seem scary. However, with a good medical negligence solicitor by your side and the knowledge listed above, claiming compensation for medical negligence has never been easier.
Ben Greenwood is writing on behalf of Pearson Hinchliffe, solicitors specialising in medical negligence cases.
Ben Greenwood is writing on behalf of Pearson Hinchliffe(http://www.ph-medicalnegligence.co.uk), solicitors specialising in medical negligence cases.
Author Bio: Ben Greenwood is writing on behalf of Pearson Hinchliffe, solicitors specialising in medical negligence cases.
Category: Legal
Keywords: medical negligence, medical negligence cases, claiming compensation, Pearson Hinchliffe