So you suffer at the hands of a medical professional, and you start researching for information about what has happened to you. As you trawl through medical and legal websites you come across information about medical negligence and clinical negligence. You are told that you can make a clinical negligence claim on one website, and on another that you must make a claim for medical negligence compensation. All you want to know is what has happened and how can you put it right and make sure it does not happen again to anyone else.
Let me help you by confirming that the actual description does not matter to you.
You can call it clinical negligence or medical negligence.
Everyone in the profession, whether a solicitor or a medical expert, will understand what you are talking about.
Historically claims of this type were always referred to as medical negligence claims, but I believe when Lord Woolf introduced reforms to the legal claims process, the terminology was changed to clinical negligence. What matters to you though is that you can call it by whichever name is easier for you to remember. For the remainder of this article, I will stick with clinical negligence.
What Is Clinical Negligence?
A basic description of clinical negligence is that a medical professional has given you treatment (or failed to do so when he or she should have) and that treatment (or lack of it) was below the standard expected, that it caused you injury, and that it was foreseeable that it would cause you injury. That was supposed to be a simple legal description, but it is easier said than done. Put very basically, you could say that the definition is that a medical professional has treated you badly and you have suffered as a result.
So What Do You Do Next?
If you think that you are the victim of clinical negligence, you need to consider obtaining legal advice and making a complaint. Initially, you should always seek an expert legal opinion. Your clinical negligence solicitor can then guide you through the complaints procedure.
Making A Complaint
The first complaint to be made is to the medical profession in charge of your care if you are still in hospital. You must explain that you are making a formal complaint and that you would like a detailed response. If you are still not happy with the response you receive, the next stage is to complain to the Hospital's Complaints Manager.
If you have already left hospital, you should send a letter to the Hospital Complaints Manager. An appointment may be made for you to meet with the Consultant in charge of treating you to discuss the situation in more detail. This is called Local Resolution.
Time Limits
You should make a formal complaint to the hospital within 12 weeks of the treatment or lack of it. When you have made your complaint the hospital should respond in writing within 20 working days.
If you are still not satisfied with the response from the hospital, the next stage is to request a referral for an Independent Professional Review within 28 days of the end of the Local Resolution. This is carried out by two or three independent consultants. They will conduct a review of the treatment provided, including obtaining evidence from any witnesses as well as from you and the medical professionals involved in the treatment. They will also review your medical notes.
The other way to complain is to go direct to the NHS Ombudsman. This must be done within one year from the date of treatment or the date you became aware of the potential negligent treatment. This is not a guaranteed method of having your claim dealt with, however, as the Ombudsman looks at very few cases annually and will only investigate those cases that have gone through the NHS complaints procedure.
If you can persuade the Ombudsman to investigate the case then a team of officers will examine the evidence and interview all staff involved in your treatment. They will also obtain independent reports on the medical care provided.
What Next?
You should ask a specialist clinical negligence solicitor to review your potential claim to see whether you can take the matter forward. As advised, it is worth doing this before you go through the complaints procedure. You will be able to obtain a free initial opinion from a solicitor.
Read more by viewing my Medical Negligence Claims Guide.
Nicholas Jervis is a personal injury solicitor (non-practising) and a director of 1stClaims.co.uk, a claims company which connects innocent personal injury and medical negligence victims with expert solicitors at no cost to the individual. 1stClaims can help you with all claims including Whiplash.
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