The above query is one which understandably issues people who find themselves contemplating bringing a medical negligence claim. This sort of authorized claim can take a very long time to resolve. Although not at all times the case, it isn’t unusual for circumstances to take a number of years to conclude. Some sufferers would require persevering with medical care or therapy throughout this time.
The easy reply to the query is that making a claim for medical negligence shouldn’t influence your ongoing therapy – there may be no discrimination towards those that are bringing such claims.
The relationship of belief is necessary between physician and affected person and it’s comprehensible that this could break down in some circumstances the place a claim is being made. If you don’t want to proceed to see a specific physician or medical practitioner, towards whom you might be making allegations of negligence, then you possibly can ask on your care to be transferred to one other division or physician inside the treating hospital – topic to any related points with the actual therapy.
Changing Hospitals
If you need to transfer hospital, as opposed to merely seeing a totally different physician or practitioner inside your present treating hospital, then there may be a number of points to take into account. These might embody whether or not your treating hospital specialises within the space of therapy you require in addition to the hospital’s location. Ultimately, it’s a determination for you to make based mostly in your particular person circumstances.
Do I would like to change my GP surgical procedure?
The identical guidelines apply to GPs as to another physician. A affected person bringing a medical negligence claim towards their GP, the surgical procedure or a member of employees, shouldn’t be requested to go elsewhere. However, you possibly can, after all, change surgical procedures if you need to. Another possibility is to ask to see a totally different GP inside your present surgical procedure.
Kingsley Napley’s James Bell, Head of Clinical Negligence, discusses this specific challenge with training GP and medico-legal knowledgeable Dr James Jarvie in a latest episode of our podcast – KN talks. They focus on the likelihood that sufferers may very well get a higher service inside their present surgical procedure because the docs there can be particularly involved about what has occurred. The podcast, together with insights on different matters surrounding authorized claims towards GP claims, may be discovered right here.
What about non-public care?
Some sufferers bringing claims towards the NHS will need to have non-public therapy going ahead and points to take into account embody prices and high quality of care.
Private therapies can usually be claimed as a part of medical negligence compensation however the extent of that is an space the place a specialist medical solicitor will want to advise.
If you want therapy now then awaiting the result of a claim to pay for personal care is probably not the most effective route.
In some circumstances, it’s potential to get hold of an interim cost from the Defendant to enable non-public therapy to start. Generally, knowledgeable proof have to be obtained to present that the therapy is critical. Again, that is one thing a solicitor will advise upon totally. It is necessary to instruct a solicitor with vital expertise of medical negligence claims. At Kingsley Napley, our specialist staff are extremely skilled in acquiring early interim funds the place potential for our purchasers. James Bell has written about among the authorized points surrounding acquiring early funds for therapy in larger element right here.
What if my therapy is affected not directly as a result of I’ve complained?
Should you are feeling that your therapy is compromised by the truth that you’ve made a criticism or claim then this ought to be raised with the hospital, clinic or GP surgical procedure. If you might be within the technique of making a claim that is additionally a matter you possibly can focus on together with your solicitor who ought to present help and recommendation all through.
Whatever your circumstances, you should not be dissuaded from making a claim over issues that your therapy can be affected.
There is additional details about how to convey a medical negligence claim on our web site.
If you might be involved in regards to the medical therapy that you just or a member of your loved ones has obtained, please contact our pleasant and delicate staff for a no obligation dialogue.
ABOUT THE AUTHOR
Hannah Fletcher has over 5 years’ expertise in each medical negligence and private damage claims, together with these with a global factor, having labored as a paralegal prior to qualifying as a solicitor in 2021. Hannah has acted for purchasers with a vary of accidents, with specific expertise in catastrophic accidents together with spinal wire accidents, mind accidents, beginning accidents and amputations. She has a specific curiosity in claims relating to neurological accidents.