Is it right to claim for compensation against the NHS when a mistake occurs? What if a patient has suffered harm as a result of negligent care? What if, as a result of that harm the patient has had to give up work, may lose their home or require care or specialist equipment to make life easier? Financial compensation is designed to ‘make good’ for such things.
Julia Hurlbut, Director and Head of Medical Negligence at Jackson Lees, talks about her experience in medical negligence claims against the NHS:
Like any profession, there are minimum standards that we rightly expect. In the legal profession for example, if a solicitor makes an error, we must notify our client and in most cases signpost the client to another solicitor from another firm. This is so the client can decide on whether to bring a claim to make good any losses they have suffered as a result of negligence.
The same applies to the medical profession. Sadly, in most of the cases we succeed on, the patient is not told by their doctor that an error has occurred. A patient will often seek legal advice out of having suffered an unexpected outcome and we investigate whether there is a case or not. Openness and honesty is more so important when considering the human and financial cost to the patient.
However, the NHS is endeavouring to move to a culture of openness and learning from mistakes when things go wrong – this makes financial sense to the NHS as with fewer errors there will be fewer claims.
Claims against the NHS are referred to NHS Resolution. Not only does NHS Resolution deal with the financial aspect of the claim but also, they have pledged that they will ensure that mistakes are investigated and learnt from which will benefit other patients and as mentioned save the NHS money in the long run. A ‘win win’ situation!
Make no mistake, the NHS is no pushover – there are only payments when there has been shown to be negligent care and harm has been suffered as a result. The vast majority of claims are resolved without having to go to a trial.
Our team have fought for answers and justice for victims of Medical Negligence all over the UK. For a free consultation with one of our legal team call us on 0151 647 9381, request a callback at your convenience or email enquiry@jacksonlees.co.uk Or drop-in to the clinic at our Birkenhead office Monday to Friday 9am to 5pm.