Medical negligence claims and the process for making them are not as highly publicised as other types of personal injury claims. This is because other types, such as road accident claims are simpler and more quickly resolved.
Some of the reasons a patient may be able to claim compensation for medical negligence include when they are injured as a result of a medical examination being carried out inadequately, an incorrect diagnosis, incorrect treatment or a significant delay in treatment. Remember though that medical negligence claims are not the best route for everyone because they are renowned for their complexity and can be stressful for victims of injury.

A significant proportion of those people injured by medical negligence find that the most important thing for their recovery is the peace of mind offered by an apology and an assurance that the same errors will not be repeated. Therefore, there first step can often be simple making an informal complaint to the healthcare professional involved. If doing so does not resolve your issues then move on and make a formal complaint using the NHS complaints procedure. The hospital itself will investigate your claims and get back to you within five weeks. However, you must make a complaint within six months of the error about which you are complaining, or within six months of you becoming aware of it if it was not immediately obvious.

The Healthcare Commission and the Healthcare Ombudsman are your two next ports of call should the formal complaint fail to resolve your issues.

Finally, if you are still not satisfied you should consult a solicitor. Check your solicitor’s experience and credentials because this area of the law is complex and you will need the best representation you can get. Your solicitor will need a copy of your medical records. The Data Protection Act permits you to have a copy but you may be asked to pay for it.

The lawyer will show your medical records to an impartial medical expert who will compile a report on whether negligence occurred and whether you have reason to claim. If there are grounds for a claim then the solicitor will begin by writing a letter of claim to the doctor or hospital concerned. They will then respond within three months, either accepting or denying liability and giving their reasons.

Your solicitor will start legal action on your behalf if liability is denied. This can seem very daunting and traumatic but only a small percentage of cases ever go to trial. The vast majority are settled out of court. All the same, it is common for claims to take years to be settled.