What is Medical Negligence?
It is an unfortunate fact of life that we are all likely to need medical treatment. When receiving such medical treatment your trust and confidence, health, well-being and safety is in the hands of medically trained professionals and you rightly expect the appropriate standards of care and expertise for yourself and/or that of your loved ones.
Thankfully, in most cases the medical treatment received is appropriate and at the standard, it should be. But unfortunately, in some cases, the medical treatment falls below the standard expected. In such circumstances, the effect on the individual and their family is often devastating and can destroy the trust and confidence with the medical professional and result in considerable consequences.
It is when the standard of care and/or expertise falls below the standard expected that complications arise which can lead to often unnecessary and unacceptable physical/emotional pain, suffering and loss.
At Taylor Bracewell, our expert team of Solicitors understand and recognise the need of securing compensation for the pain and suffering caused to you and your loved ones following any negligent medical treatment. We also take pride in ensuring that you are adequately compensated for any financial losses incurred. We will do everything we can to ensure that you are returned to the position you should have been in if the negligent medical treatment had not happened.
Motivation for starting a claim:
- Compensation and Redress
- Secure further necessary treatment
- Answers and explanations
- Improvements for others
- To make sure it does not happen again
Claim or Complain?
At Taylor Bracewell, we fully respect and appreciate that sometimes the impact of any negligent medical treatment is such that there is no energy or desire to make a claim and answers or an apology may be sufficient. You are entitled to make a complaint about the medical treatment you have received.
Each medical establishment should display their complaints procedure, proceeding with this can be helpful in that it allows you to set out what happened. You should detail the consequences as known to you, seek an explanation of how and why it happened and what steps are to be taken to ensure that it does not happen again.
You can make your complaint within 12 months of the negligent medical treatment and should receive an acknowledgement within a reasonable period of time and following investigation(s). After this, you should receive a full and frank reply within a reasonable period after the acknowledgement. Even then, if you are unhappy with the reply, you can seek a review by the Health Service Ombudsman.
It is important to remember that for a compensation claim for negligent medical treatment, you have 3 years in which to either settle your claim or commence Court proceedings. The 3 years starts from the date of the treatment or the date that you knew or should have known that the medical treatment was negligent. There are exceptions to this Rule but we advise that the 3 year period from treatment is the date to treat as your target date to either settle your compensation claim or commence Court proceedings.
As we know each complaint of negligent medical treatment can impact on people differently, we frequently help people with their draft complaint letters and address any replies received and on occasions, any reply received is sufficient to address any concerns raised.
In circumstances whereby the reply is not sufficient to address your concerns, having helped you in the complaints process, we are best positioned to then conduct your compensation claim for negligent medical treatment.
It will not cost you anything to make a complaint and at Taylor Bracewell, while ever the law permits, we will represent under the terms of a "No Win, No Fee" Conditional Fee Agreement and we guarantee you that we will not charge you anything if you lose.