The above query is one which understandably considerations people who find themselves contemplating bringing a medical negligence declare. Such a authorized declare can take a very long time to resolve. Though not all the time the case, it’s not 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 straightforward reply to the query is that making a declare for medical negligence mustn’t influence your ongoing therapy – there will be no discrimination towards those that are bringing such claims.

The connection of belief is essential between physician and affected person and it’s comprehensible that this may break down in some circumstances the place a declare is being made. If you don’t want to proceed to see a selected physician or medical practitioner, towards whom you’re making allegations of negligence, then you may ask in your care to be transferred to a different division or physician throughout the treating hospital – topic to any related points with the actual therapy.

Altering Hospitals

If you wish to transfer hospital, versus merely seeing a distinct physician or practitioner inside your present treating hospital, then there will be a number of points to contemplate. These might embrace whether or not your treating hospital specialises within the space of therapy you require in addition to the hospital’s location. In the end, it’s a determination so that you can make based mostly in your particular person circumstances.

Do I would like to alter my GP surgical procedure?

The identical guidelines apply to GPs as to every other physician. A affected person bringing a medical negligence declare towards their GP, the surgical procedure or a member of employees, shouldn’t be requested to go elsewhere. Nevertheless, you may, in fact, change surgical procedures if you wish to. Another choice is to ask to see a distinct GP inside your present surgical procedure.

Kingsley Napley’s James Bell, Head of Scientific Negligence, discusses this specific problem with working towards GP and medico-legal skilled Dr James Jarvie in a current episode of our podcast – KN talks. They focus on the likelihood that sufferers may very well get a greater service inside their present surgical procedure for the reason that medical doctors there shall be particularly involved about what has occurred. The podcast, together with insights on different matters surrounding authorized claims towards GP claims, will be discovered right here.

What about non-public care?

Some sufferers bringing claims towards the NHS will wish to have non-public therapy going ahead and points to contemplate embrace prices and high quality of care.

Personal remedies can typically be claimed as a part of medical negligence compensation however the extent of that is an space the place a specialist medical solicitor might want to advise.

In the event you want therapy now then awaiting the end result of a declare to pay for personal care is probably not the perfect route.

In some circumstances, it’s doable to acquire an interim cost from the Defendant to permit non-public therapy to start. Typically, skilled proof have to be obtained to indicate that the therapy is important. Once more, that is one thing a solicitor will advise upon totally. You will need to instruct a solicitor with important expertise of medical negligence claims. At Kingsley Napley, our specialist group are extremely skilled in acquiring early interim funds the place doable for our purchasers. James Bell has written about among the authorized points surrounding acquiring early funds for therapy in higher element right here.

What if my therapy is affected indirectly as a result of I’ve complained?

Must you really feel that your therapy is compromised by the truth that you have got made a grievance or declare then this must be raised with the hospital, clinic or GP surgical procedure. If you’re within the course of of constructing a declare that is additionally a matter you may focus on together with your solicitor who ought to present help and recommendation all through.

No matter your circumstances, it’s essential to not be dissuaded from making a declare over considerations that your therapy shall be affected.  

There may be additional details about how one can convey a medical negligence declare on our web site. 

If you’re involved concerning the medical therapy that you just or a member of your loved ones has obtained, please contact our pleasant and delicate group 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 aspect, having labored as a paralegal previous to qualifying as a solicitor in 2021. Hannah has acted for purchasers with a variety of accidents, with specific expertise in catastrophic accidents together with spinal wire accidents, mind accidents, beginning accidents and amputations. She has a selected curiosity in claims referring to neurological accidents.