Medical Compensation Claims
Working towards a better solution

Unfortunately, despite the many promises every policital party makes, waiting lists still exist for many types of treatment. Many turn to private health care facilities but without the proper insurance you will be expected to pay for the treatment yourself. It is almost impossible to reclaim these costs from the NHS unless they were the ones to suggest such measures. A similar problem is when someone is turned away by an NHS facility after being told that there is nothing wrong with them only to receive a completely different diagnosis from a private clinic. In such a case it may be possible to reclaim your costs from the NHS. Be aware though - most medical negligence solicitors only deal with accidents where the patient has been injured and the delicate issues of diagnosis are something that should really be handled by someone with more experience and indeed a speciality in such cases. Don't be afriad to "shop around" until you find someone who at least sounds like they know what they are talking about to represent you. If you are looking to make a claim to be compensated for an injury you have received whilst under the supervision of a medically trained professional in the UK then finding a decent solicitor is far easier whether the treatment was from a private healthcare provider (such as BUPA) or if it was provided by the NHS.

There are many difficulties in pursuing a medical negligence claim, the least of which is actually pinning down a specific individual who can be wholly accountable. Actually "proving" that what a doctor did was careless or malpractice is very difficult in an industry where most decisions are based on opinion rather than set procedures. Several doctors may each have a completely different approach to a particular illness or condition, the particular physician that you are accusing of negligent behaviour only really has to find one or two other health professionals in the same field who agree with their particular approach to prove that their decision was not completely without foundation. This also goes for claims of inattention such as failing to perform tests to catch a condition which is discovered later. If the healthcare worker responsible can find enough support for not performing such tests then the decision not to act could be upheld by the court. This is where ensuring you get a highly trained and well experienced solicitor, lawyer and/or barrister come into play.

There are limitation periods for making a claim for negligence against a medically influenced injury. You must declare your intentions of making a claim within three years of the error being diagnosed. If a previous condition was treated with the wrong medication which later caused the condition to worsen, it would be three years from the date that the connection between that original treatment and your current condition was realised. If in doubt, speak to a medically experienced solicitor who can confirm whether you are within the limitation period to start claiming for compensation.


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