Clinical Negligence In Medical Practice

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Clinical Negligence In Medical Practice



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Find peer support online. Our mission is to deliver a better life for people severely affected by mental illness. Our network of groups, services and advice lines are on hand to get you the support you need. Use your postcode to search your area. Need more information? Become a campaigner. This section tells you what clinical negligence is. It explains the difference between a clinical negligence claim and making a complaint. There is also information about how you can get legal funding for claims. Clinical negligence is when healthcare professionals physically or mentally hurt you because of the standard of health care they gave you.

You can make a clinical negligence claim about both NHS and private treatment. You may be able to make a claim if a family member has died because of negligence. You can claim:. They deal with clinical negligence claims. You can find their contact details in the Useful Contacts section at the bottom of this page. When you make a clinical negligence claim you are asking for money to compensate you for harm, or injury, that you experienced.

You will not get the following things:. There is a time limit if you want to make a clinical negligence claim. You must start the process:. If you die within 3 years of when the negligence happened, then a clinical negligence claim can still be made. The claim must be made:. You might have lacked mental capacity when the clinical negligence happened. When you gain the mental capacity to make a decision you have 3 years to make a claim.

If you think you have been the victim of clinical negligence, you should get legal advice. They can:. The Law Society can help you find a clinical negligence solicitor. Their details are in the useful contacts section at the bottom of this page. The Law Society also have an accreditation scheme for clinical negligence solicitors. This is a scheme which can help you to find good clinical negligence. You can look on their website to find their list of solicitors who are accredited for clinical negligence. You can follow the link below to find out more about the scheme. There are rules about making a claim for clinical negligence.

A solicitor has to do certain things before starting the claim. These rules are set out in the Civil Procedure Rules. You can find details in the further reading section at the bottom of this page. Making a clinical negligence claim can be stressful and can take a long time. You may feel strongly about the poor care you experienced. But you should think about if you feel well enough to make a claim. Sometimes it can be useful to have a friend or family member to support you. You will need to pay fees to make a clinical negligence claim. There are different ways you can pay. Since April you cannot get legal aid for clinical negligence unless it is about a child that suffered a serious injury during birth.

You may be able to pay your solicitor fees through legal expenses insurance. Some other insurance policies, such as motor or household, include legal expenses insurance. You should check with your insurance company to see what types of claim it will cover. If you are a member of a trade union, you might have legal expenses insurance. You might have to see a solicitor that your insurer chooses.

These are 'no win, no fee' agreements. A conditional fee agreement is an agreement that your solicitor will not get paid unless you win the case. If you lose your case, then you will not have to pay your solicitor. You can take out an insurance policy called after the event insurance. If you cannot use any of the above options, you will have to pay the fees yourself. Clinical negligence cases can cost a lot of money. Legal fees can also cost a lot of money.

You should talk about this with a solicitor before you decide to pay the costs yourself. If you win you can get compensation. The amount you will get depends on different things, including the following. You should ask a solicitor how much compensation you might get. A solicitor can give more information on how the above will be calculated. Knowing how much you might get is important if you are paying for your case yourself. They provide expertise to the NHS on resolving concerns and disputes fairly. Telephone : 23 52 Monday to Friday, 10am until 3. Telephone : Monday to Friday from am to 5.

Donate Search Menu. About us About us. See our contacts page Looking to contact us? Covid support. Supporting yourself Read more Supporting yourself. Covid information hub See all pages Covid information hub. Help in your area. We are now mediating more clinical negligence cases than ever before and these outnumber those going to trial by 6 to 1. There is more to do but the benefits of mediation and other forms of ADR are clear: reducing the stress and burden on patients, NHS staff and their families and giving them the time and space to explore what happened.

We must do everything we can to learn from what goes wrong and, where there is agreement as to what needs to change, to support that through the indemnity schemes we run. Our maternity incentive scheme , which uses a bundle of ten actions, informed by our research and our partners makes the best use of the financial lever we have to drive investment in safer care, improve things for patients and NHS staff and ultimately reduce the costs of avoidable harm. This is a short briefing on understanding our provision for claims management. The number of new referrals received by our Practitioner Performance Advice team in relation to the performance of doctors, dentists and pharmacists within the NHS remained broadly consistent, with new requests for advice compared to in the previous year.

Our Primary Care Appeals team received appeals in accordance with the Pharmacy Regulations compared to in the last financial year. Awards and accreditation badges.

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