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Hospital negligence claims and the process for making them is not that well covered in the media compared to other types of accident claim. Perhaps this is because other claims such as road accident claims are less complex and are generally settled much more quickly.
There are many errors which can constitute medical negligence such as delayed or incorrect diagnosis, inadequate carrying out of a treatment or prescribing the wrong medication. Nevertheless, because hospital negligence claims are so complex they can often cause undue stress to already distressed victims and are therefore not the right choice for everyone.

For many victims of injury due to clinical negligence, the most important thing is to obtain an apology and an explanation as well as a promise that the same errors won’t befall other patients in the future. A good first step is therefore to raise your concerns informally with the doctor or nurse involved. Should your issue fail to be resolved in this way then you can go on to make a formal complaint under the NHS complaints procedure. The hospital itself will investigate your claims and get back to you within five weeks. Bear in mind however, that the complaints procedure will only be open to you within six months of the act you’re complaining about or within six months of it becoming apparent.

Should a formal complaint fail to give you the answers you need then you can approach the Healthcare Commission followed by the Healthcare Ombudsman.

Having been up all of these avenues, it is time to approach a solicitor if you are still not satisfied. Be sure to approach a solicitor who is experienced in medical negligence claims because this area of the law is notoriously complex. 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 solicitor will ask a medical expert who is independent to look over your records and report back on whether or not there is evidence of negligence and grounds for a claim. If it seems there are grounds for claiming, then your solicitor will start the process by writing a letter of claim. They will then have a deadline of three months to respond, either accepting or denying liability and giving their reasons for doing so.

Should they deny liability then your solicitor will begin legal proceedings for you. Very few cases actually end up in a trial, so try not to be overly daunted at this prospect. The great majority are settled out of court. All the same, it is common for claims to take years to be settled.

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