Legal Eagle: 'Do I have a case for clinical negligence after treatment?'
Earlier this year I had a bad fall and broke my arm. However, when I first went to hospital they told me it wasn’t broken after doing an x-ray. They sent me away without any treatment. I tried to wait for it to get better but I ended up going back to hospital as I was in so much pain. They did another x-ray and told me it was in fact broken and I would now need surgery. I am concerned that it wasn’t picked up the first time and wonder whether I would have needed surgery if it was sorted properly then. I had the surgery and my arm has never fully healed. Do I have a clinical negligence case and how do I go about starting a claim?
I am very sorry to hear about the delay in diagnosis of your broken arm. Unfortunately mistakes do happen and these can have a catastrophic impact on people. I hope you are recovering well now.
Choosing a Solicitor
Firstly it is very important to contact a solicitor who specialises in clinical negligence cases. You can identify these solicitors by checking that they have a Law Society Clinical Negligence Accreditation or are on the AvMA Specialist Clinical Negligence Panel.
Starting a Claim
In most cases you have three years to start court proceedings from the date of the treatment complained about, or the time when you realised (or ought to have realised) that you had a significant injury that could be due to treatment. This time limit does not apply to children who have until their 21st birthday to issue legal proceedings. The solicitor you instruct will be able to advise you in detail about Court proceedings as there is a Clinical Negligence Protocol to follow before Court proceedings are usually issued. There are many steps involved in pursuing a clinical negligence claim including obtaining specialist evidence from medical experts. Therefore it is not always possible at the start of a case to know whether it will be successful.
Making a Complaint
There are complaint procedures in place for NHS treatment and private care. There are usually strict time limits to make a complaint. For example a complaint to the NHS should usually be made within 12 months of the date of the treatment or knowledge that something may have gone wrong. You do not have to make a complaint before bringing a claim but it may be useful as it can provide an explanation about what happened and an apology. It can also be helpful when considering a compensation claim. If you choose to make a complaint you should not wait for it to be finished before seeking legal advice. The three-year time limit mentioned above does not change even if an investigation into a complaint is being carried out.
If you would like to speak to a specialist clinical negligence solicitor please contact Ben Hoare Bell LLP on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.