In these difficult financial times, most public sector services are spread thin. There’s an insane amount of potholes littering our roads as local authorises cannot keep up with the sheer volume of defects popping up in the road; school classrooms are become increasingly overcrowded; and people are being let down by NHS care professionals.
Now I want it to be known that I’m not ‘having a go’ at the majority of NHS staff who work unsociable hours and under significant amounts of pressure to provide the level of care that is expected of them. They’re fighting an uphill battle to keep on top of trying to put everyone’s needs first. I’ve been hospitalised, and during the six days in total I was there, it was clear to see how difficult it was for the nursing staff to keep up with the demand from patients.
But sadly, with falls in the level of expected care, comes an increase in the amount of people pursuing claims for compensation against the NHS. We live in an age now where people are much more confident about voicing their opinions when they feel the level of care received has been below standard. Complaints and claims against the NHS are therefore on the increase‘.
A claim against the NHS for negligence in a hospital is normally dealt with in England by the NHS Litigation Authority. They will investigate claims in-house and payouts are usually provided directly from money set aside to settle claims.
Making a successful claim against the NHS is an uphill battle in itself. We must prove that the level of expected care has fallen below standard to the point of it being negligent. Given that so much can go inherently wrong with a procedure, you may be the victim of an inherent risk as oppose to negligence. So to help you out, here are a few examples of what could be classed as negligence which can lead to a potential claim for compensation:
- When a medical professional fails to diagnose an injury or a condition which then causes further unnecessary suffering or complications due to the failure to diagnose.
- Being given an incorrect diagnosis that leads to suffering or incorrect treatment.
- The NHS failing to treat a condition of problem which again can lead to complications or further unnecessary suffering.
- Being given the incorrect treatment for the diagnosis given – again resulting in either a lack of recovery and as such further suffering, or complications.
To be able to make a claim, you must be able to prove that there has been a mistake made that has caused undue suffering or complications. As I said before, there can be inherent risks for most procedures, with the most common one being an infection. However, if you can prove that a medical professional has done something wrong or failed to do something, there may be a claim to answer to.
You must also have suffered as a result of the mistake. If the NHS failure to diagnose a problem (for example) doesn’t cause any further suffering or complication, there is technically no loss. As there is no loss, there is really no claim to answer to.
For advice about making a claim, contact our specialist claims team on (free phone) 0800 634 75 75 today.
