Making a claim against the NHS?

Hospitals over here tend to settle out of court, if they go to court and lose it would cost them even more money. When my daughter was born in the UK we had some serious issues, it wasn't really anyones fault things just happened. Luckly shes fine, but she was dead for 14 minutes at least. My mother in law ( shes an RN delivering babies) was involved in a similar case over here and they got awarded an 8 million settlement.
 
Thanks all, clearly a difficult subject!

I'm not trying to get something for nothing, and as do most people, I pay tax so don't feel as though the NHS is completely fee!
 
1. Ring up no win no fee guys
2. assess your case and to come to the conclusion that a quick filing of paperwork for a small quick easy settlement is more profitable for the no win no fee lawyers
3. They take a tasty portion of the settlement and you come out with enough cash to buy yourself a nice mid range PC and entry level monitor
 
I am a solicitor so although I am speaking from a slightly biased position you should seek legal advice on this. Clinical negligence cases are very very difficult to succeed in and you will need costly medical reports to prove breach of duty and causation and then potentially a condition and prognosis report. Without solicitors you would need to find suitable experts to agree your instructions (not that simple) and importantly fund these reports out of your own pocket (they cost thousands each).

Find a reputable local firm and speak to them.
 
You should start with that next time you go to A&E looking help.

If you know how much influence the medicinal industry has on your doctors diagnosis you'd be disgusted. After all most of these large companies have been caught out the past 5 years or so for 'bribing' doctors to issue their brands etc. - Never had a problem with A&E though - it was them guys who diagnosed my coronary heart disease within 45 minutes - whereas the doctors had been at it for the past 10 years, this excuse or that excuse just to save on costs to send me for an angiogram.


That certainly seems like negligence to me. Unbelievable how they have wormed there way out of that one. How old are you if you don't mind me asking?

39 at the time of my second heart attack. - That was 2 years ago. Completely screwed at the moment as I have chest nerve damage since the stent surgery. They advised me to go for a heart bypass but I stuck with simple stent surgery for now. Need a heart bypass - that's the inevitable road I'm on unfortunately.

A successful claim needs three things proven:

- negligence
- causation
- harm

Without getting into your own case, mis-diagnosis itself isn't necessarily neglence, human beings are not perfect, medicine is far from perfect and diagnoses are wrong all the time.

Medicine is gambling, every diagnosis, decision and treatment is essentially a gamble.

Yeah sorry thats the point I was making bud and 100% agree with you.
The human body does most of the repairing itself. Most of this crap we take as medicine is purely to block out the pain and doesn't actually do us any good other than cause more problems with side effects. Everyone's body re-acts differently to medication.


I only sue if I am forced to - I don't need anyone elses money nor do I need to screw the NHS at this difficult time. BUT - If theres is a genuine screw-up this is the only way they can be held to account - like others said financial incentives hit businesses hard. I settled in the end knowing that my doctors now go above and beyond for me (could have easily sue'd them if I wanted to persue it) - Far better than any monetary compensation. They've got my kids on screening programmes, check me every 3 months, regularly keep me updated on other stuff aswell now- far outweighed monetary gain.

With my mothers case where we HAD proved negligence in care I would have persued this to teach the Ward a lesson. I went as far as having the independent investigation completed, but unfortunately as there were no 'dependants' on her there was nothing else we could do.

It really is a mine field medical negligence claims.
 
As an aside, make you you also report the issue to the CQC if this is something that could have repercussions for others down the line. You may legally have some entitlement, however the regulatory body should also have the opportunity to act on the situation. The trust/hospital itself may not take appropriate action.
 
yes let's all **** up the NHS even further.. :mad:

The NHS self-insure and budget for it accordingly.

Put simply, if in the same situation it was a private medical company, Bupa or BMI for example, would you have an issue with someone claiming for the same issues? I'm going to say, no you wouldn't. Just because it's the NHS doesn't put the organization above being sued for negligence.

I had to do the same when my late grandmother was given the incorrect medication, she fell over and hit her head after being incorrectly given sedatives. Unfortunately she went down hill from there and never came back out.
 
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I don't understand this cash compensation payment thang. 8 million euros for the death of a baby? How do you put a figure on a child's life?

So you unable to work for 2 years, so i agree you should get 2 years worth of your salary as compensation - but then you go back to work. Guy with mis-diagnosed break - jump the queue to get your injury sorted.

Why does putting a cash value on things suddenly makes things ok?
 
Hi All,

Looking for some advice, I have an ongoing medical issue of which the details are not important to my question.

I feel I have a strong case to make a claim against the NHS in the way the issue has been handled and clinical negligence during a procedure. What is the best way to start a claim procedure against the NHS?

Obviously, a google search will return no end of ‘no win no fee’ websites but other than the fact I despise of this kind, if I was to win, a large percentage would be lost to them. Can you start a claim yourself or is the only alternative to hire a solicitor?

Thanks!

Do you want your medical problem fixed, or are you just after some free cash? Sounds a bit ***** to me.
 
Why is it that the NHS as an organisation has to pay compensation? Why not the individual doctor via their professional liability insurance?

This is something I've never figured out as surely the NHS has 'done its bit' by making sure its employees are correctly qualified and supervised? If they then go and do something stupid, isn't this what their insurance is there to cover?
 
That's a great idea - each doctor etc has to have their own insurance.
no, it's a crazy idea. That isn't how it works in any industry, the company is ultimately liable.
Otherwise, every single person regardless of industry or job would require insurance. Nice way to get insurance companies more profitable and all off us to be much poorer. Whilst simultainulsy pushing responsibility away from the company and onto the individual.
 
no, it's a crazy idea. That isn't how it works in any industry, the company is ultimately liable.
Otherwise, every single person regardless of industry or job would require insurance. Nice way to get insurance companies more profitable and all off us to be much poorer. Whilst simultainulsy pushing responsibility away from the company and onto the individual.

Not crazy at all, in fact it is currently the case: http://www.gmc-uk.org/doctors/information_for_doctors/insurance_and_indemnity.asp

I don't understand why doctors are compelled to have insurance only for the NHS to still get stung by compo claims?
 
Not crazy at all, in fact it is currently the case: http://www.gmc-uk.org/doctors/information_for_doctors/insurance_and_indemnity.asp

I don't understand why doctors are compelled to have insurance only for the NHS to still get stung by compo claims?

they're making decisions that can seriously affect people's lives and if they **** up then it can get quite serious thus the need for a hefty amount of insurance

whether they pay for it is another matter - for example a friend of mine is a GP, she used to do locum work and would have to fork out a hefty amount for insurance, she's currently salaried and working for a GP practice, the practice covers the cost of her insurance now AFAIK
 
they're making decisions that can seriously affect people's lives and if they **** up then it can get quite serious thus the need for a hefty amount of insurance
but that's no different to many other industries where you do not require personal insurance, and as such should not need it for doctors.

So we shaft them with the cost of studying for so long, shaft them with the work hours and shift, then unlike every other job shaft them with insurance that the company should be providing.
 
but that's no different to many other industries where you do not require personal insurance, and as such should not need it for doctors.

So we shaft them with the cost of studying for so long, shaft them with the work hours and shift, then unlike every other job shaft them with insurance that the company should be providing.

I'm not sure how we're shafting them - if they want to become self employed contractors or take on private work they need to take out the relevant insurance for that. No one is forcing them to do private work or become locums.
 
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