As a victim of medical negligence and improper clinical care, you can make a medical negligence claim for compensation. You can submit a compensation claim if you are the next of kin of someone who died because of medical negligence. You can also do it for someone who cannot take action because they are not capable of doing it themselves.
You don’t need to use the NHS complaints procedure before starting legal action. However, it can help you ease the process and you will be able to make a much more informed decision if going forward with the case is valid or not. After deciding about moving forward with the claim, you should consult with medical negligence solicitors in Scotland.
For your claim to begin, the NHS complaint procedure will not prevent or delay the procedure. So, it is advisable to go ahead for better assistance. In exceptional circumstances like if a judge rules that the investigation can interfere with a legal case then there might be a delay. If legal action against your complaint is not being taken and the investigation is not underway, you should get an expert involved.
Medical negligences can happen in many ways. At times, an act of clinical negligence can be as fatal as death. There are plenty of reasons for medical negligence. You can be subjected to an injury because of the incompetence of your healthcare provider like:
- They made a false diagnosis or failed to pinpoint the problem
- Causing a blunder during a medical procedure or operation
- Prescribing wrong drugs
- Non-consensual treatment
- Failing to provide you with details of risks associated with treatment.
Any injury or potential cause of harm caused as a result of medical treatment is clinical negligence. This doesn’t imply that the entire treatment was wrong. Therefore, you are eligible for a compensation claim if it fits the criteria of negligent treatment that caused direct harm.
You are eligible to claim compensation for losses and injuries suffered based on medical negligence. The compensation is applicable on:
- Pain and suffering
- Ongoing medical treatments
- Salary deduction
- Cost of in-home adaptation
- Psychological damage
- Cost of extra care equipment
As mentioned above, this criteria also applies if the person who suffered medical negligence is incapable of making a claim. If they die, the next of kin can make a claim and then the compensation amount will be decided upon.
NHS Litigation Authority
The NHS Resolution or NHS Litigation Authority represents the NHS if a claim is made against them. Most cases handled by them get settled or dropped out, and only less than 2% of the cases get to the court. Their database of information contains everything about the claims made and all the claims that haven’t been proceeded further.
There are many special compensation schemes for injuries and losses. Under these schemes, you are entitled to demand compensation without the need of going to court. For instance, people can claim compensation from the Vaccine Damage Payment Unit if suffered damages from vaccination. Similarly, those who contract HIV while getting treated for haemophilia can claim compensation from MacFarlane Trust and related authorities.
Limitations To The Claims
Certain limits and conditions are applied before going forth with the claim. For instance, the claim must be made within three years of the accident. If you realised that medical negligence caused your harm later, then three years will be counted from that particular moment. There are certain cases where this limit is inapplicable. For children, the three-year limit doesn’t start to apply until they are legally adults. Three-year limit does not apply to mentally challenged people either who cannot take care of their affairs independently.
If you discover that you have been subjected to medical negligence, you shouldn’t wait at all before proceeding. Get connected to an expert at the earliest and do not leave it until the last minute. Medical negligence claims are too complex to investigate. Therefore, your solicitor might not take the case if it’s passed some time. These were some of the things that should be kept in mind for medical negligence claims. For more legal advice, get in touch with Wallace Legal.