Suing the NHS for Misdiagnosis
February 8, 2019
Coupled with the endless variety of medical procedures and surgeries, mistakes are inevitable. Nobody wants to sue the NHS, but in cases of negligence, it may often be your only option. Indeed, suing the NHS for misdiagnosis is a consideration.
Despite the current political climate, the NHS remains one of the most respected institutions in the country. However, there’s an incredibly high number of patients that they see every day.
Medical negligence can be extremely serious, indeed. Moreover, it can result in many long-term negative consequences on your health and your quality of life. Do you think that you are suffering from some form of medical negligence at the hands of the NHS? Settle in for some knowledge on the matter, because here’s what you need to know.
For It To Be Possible to Sue the NHS, You Need a Reason
Most people are unaware of exactly when the NHS is responsible for negligent healthcare. Knowing which issues and situations are likely to result in a successful claim against the NHS is going to be vital.
Above all, always look for legal advice before you start medical treatment negligence cases. But nevertheless, these critical areas are the most common reasons for UK patients making a claim against the NHS.
- Surgery mistakes;
- Delays on treatment;
- Medical misdiagnosis issues;
- Getting an infection while in a medical facility run by the NHS;
- A&E compensation claims due to negligence.
While this is not a comprehensive list, these remain the most common claim types made against the NHS.
One of the reasons why people sometimes fail to make a claim are time limits and not filing in time. There is a time limit for making claims against medical professionals, and the NHS is no different. The usual time limit for medical negligence claims will be three years, in short.
However, there are extenuating circumstances that will be taken into account. These are primarily aimed at those under 18 or patients with limited mental faculties. Please contact us to regain your life at the hands of negligent NHS health professionals.
What You Stand to Recoup
Above all, a duty of care must be met, lest NHS negligence results in pain and suffering for patients. When you’ve suffered an injury from the wrong diagnosis or misdiagnosis by an NHS Trust, it puts life on hold or stops it altogether in the case of death.
But short of life, the cost of living changes dramatically in most cases of such clinical negligence. For instance, there are general damages (essentially any before and after damages due to the incident) and special damages (like loss of earnings and costs you incur).
In some cases, victims don’t even want compensation: rather, they want acknowledgement of pain and suffering. If that’s how you feel about it, then consider following the complaint procedure to the NHS instead. But remember: complaints can ensure the NHS does better, but they won’t award any compensation.
Does it cost money to pursue these claims with a legal expert? We don’t think it should, in fact: that’s why we offer No Win, No Fee basis lawyers for your
Common Fears of Suing the NHS for Misdiagnosis
There’s another critical reason why some people are hesitant to start a compensation claim against the NHS. In short, they are expecting to require continued medical care and they fear that their ongoing treatments will be affected.
But you should remember that legally, no healthcare professional can refuse you access to the care that you need. If you feel uncomfortable continuing your healthcare at the facility that caused the initial problems, you should act. Then you will be able to make an application to transfer your healthcare to an alternative facility.
Consider Suing the NHS for Misdiagnosis: No Win No Fee Claims
Legal costs, in general, are prohibitive in nature to many UK residents. But you’ll need legal advice if you do want to make a claim against the NHS. Make sure that you obtain the services of a no win no fee medical negligence solicitor. In particular, one with experience resolving medical negligence claims.
Indeed, this will give you more financial flexibility. It also ensures your legal team will have experience in the complex procedures and legalities of medical compensation claims.
Everyone has the right to expect professional healthcare. Get legal advice as quickly as possible if:
- you feel that your GP is failing your needs, or;
- you experience a treatment that you believe is unsatisfactory.
The faster that you respond to the issues, the better position you’ll be in as a result. Moreover, the faster you act, the quicker you will be able to receive your compensation and move forward.