The above query is one which understandably considerations people who find themselves contemplating bringing a medical negligence declare. The sort of authorized declare can take a very long time to resolve. Though not all the time the case, it’s not unusual for instances to take a number of years to conclude. Some sufferers would require persevering with medical care or remedy throughout this time.

The easy reply to the query is that making a declare for medical negligence mustn’t influence your ongoing remedy – there could be no discrimination in opposition to those that are bringing such claims.

The connection of belief is vital between physician and affected person and it’s comprehensible that this could 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, in opposition to whom you make allegations of negligence, then you possibly can ask on your care to be transferred to a different division or physician inside the treating hospital – topic to any related points with the actual remedy.

Altering Hospitals

If you wish to transfer hospital, versus merely seeing a distinct physician or practitioner inside your present treating hospital, then there could be a number of points to think about. These could embody whether or not your treating hospital specialises within the space of remedy 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 vary my GP surgical procedure?

The identical guidelines apply to GPs as to some other physician. A affected person bringing a medical negligence declare in opposition to their GP, the surgical procedure or a member of workers, shouldn’t be requested to go elsewhere. Nonetheless, you possibly can, after all, change surgical procedures if you wish to. An alternative choice is to ask to see a distinct GP inside your present surgical procedure.

Kingsley Napley’s James Bell, Head of Medical Negligence, discusses this specific problem with practising GP and medico-legal knowledgeable Dr James Jarvie in a latest episode of our podcast – KN talks. They focus on the chance that sufferers may very well get a greater service inside their present surgical procedure for the reason that medical doctors there can be particularly involved about what has occurred. The podcast, together with insights on different subjects surrounding authorized claims in opposition to GP claims, could be discovered right here.

What about personal care?

Some sufferers bringing claims in opposition to the NHS will wish to have personal remedy going ahead and points to think about embody 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 remedy now then awaiting the end result of a declare to pay for personal care is probably not one of the best route.

In some instances, it’s potential to acquire an interim fee from the Defendant to permit personal remedy to start. Typically, knowledgeable proof have to be obtained to indicate that the remedy is important. Once more, that is one thing a solicitor will advise upon absolutely. 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 potential for our purchasers. James Bell has written about a few of the authorized points surrounding acquiring early funds for remedy in larger element right here.

What if my remedy is affected in a roundabout way as a result of I’ve complained?

Do you have to really feel that your remedy is compromised by the truth that you will have made a grievance or declare then this needs to be raised with the hospital, clinic or GP surgical procedure. If you’re within the course of of creating a declare that is additionally a matter you possibly can focus on along with your solicitor who ought to present assist and recommendation all through.

No matter your circumstances, you could not be dissuaded from making a declare over considerations that your remedy can be affected.  

There’s additional details about find out how to deliver a medical negligence declare on our web site. 

If you’re involved in regards to the medical remedy that you just or a member of your loved ones has acquired, 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 spread of accidents, with specific expertise in catastrophic accidents together with spinal twine accidents, mind accidents, beginning accidents and amputations. She has a selected curiosity in claims referring to neurological accidents.