100% compensation for medical negligence claims
When we feel we have a medical problem, our first point of call is, rightly so, our GP. You’d expect to be able to visit your GP and either get the reassurance and advice that you have nothing to worry about and your problem can be easily resolved, or you’d expect a referral to an expert.
We all know that the NHS is stretched, and the waiting times to see GP’s are long; but what we don’t expect is to be let down by our GP’s resulting in further complications or unnecessary suffering.
So what happens if your GP fails to take proper action, fails to refer you, or fails to properly diagnose you for a long period of time? Do you have any rights if this causes further unnecessary suffering?
Failure to treat / Failure to diagnose (at all or properly)
Making a claim for personal injury for medical negligence can be very difficult because we must prove that your GP has been negligent and failed in the important duty of care that they have for you. This can be hard because sometimes certain illnesses or injuries cannot be immediately spotted, and you can’t expect a swift diagnosis.
But if you present symptoms that should have triggered your GP to either be able to make a diagnosis and / or an appropriate referral, but they fail to so, that’s when they can be negligent. There are certain pains and some areas and certain symptoms that are specifically documented to allow a GP to make a referral, so failing to do this can pave the way for a claim.
How do I prove a claim?
This can be the hard part. In your opinion, you may feel that you have been failed. But as I said above, sometimes a quick diagnosis isn’t easy to make. We normally need to use your medical records and the opinion of a qualified expert to determine if you have been failed.
Your medical records should be able to prove that you presented symptoms that should have triggered a referral or diagnosis, and the expert we instruct can review the records and prove a report to show whether they believe more could, and should, have been done.
Some cases can be borderline – many symptoms and pains can be attributed to many different illnesses and injuries. But if you feel you are being ‘palmed off’ or incorrectly diagnosed, or perhaps when you have seen an expert they are concerned as to why you have been delayed in seeing them, you should always contact a lawyer about making a claim.
What can I claim for?
If the failure to act has resulted in complications, or perhaps further unnecessary suffering, you can claim for that. The issue of complications is of course one that needs to be looked at, as the failure to treat you properly can lead to injuries and illnesses worsening. But even if the delay doesn’t cause further complications, the continued suffering that could have been stopped earlier had it not have been for the delays is in itself something you can claim for.
What should I do?
Best thing to do is seek guidance from an expert personal injury lawyer who may be able to advise you if the claim can be pursed on a No Win, No Fee basis. We can then guide you as to what steps should be taken – whether a complaint from you directly is needed before we step in, or whether we need to go ahead and get your medical records to get the ball rolling for a claim.
Which solicitor should I instruct?
You do need to be careful, because medical negligence is a complex area of law and the claims are not easy to win. You need a specialist personal injury solicitor with experience in representing victims for medical negligence claims.
The other hugely important thing you need to look for is that most law firms will want to take 25% from your payout due to legal changes that happened in April 2013. At The Injury lawyers, we can offer 100% compensation agreements for medical negligence claims, and we’re expert personal injury lawyers as well.
Call now on 0800 6634 75 75 and we can advise you on your case today.
