HomeHealth LawIs making a medical negligence declare prone to have an effect on...

Is making a medical negligence declare prone to have an effect on my ongoing NHS remedy? | Medical Negligence and Private Harm Weblog | Kingsley Napley

Is making a medical negligence declare prone to have an effect on my ongoing NHS remedy? | Medical Negligence and Private Harm Weblog | Kingsley Napley

The above query is one which understandably considerations people who find themselves contemplating bringing a medical negligence declare. This kind of authorized declare can take a very long time to resolve. Though not at all times the case, it isn’t unusual for circumstances to take a number of years to conclude. Some sufferers would require persevering with medical care or remedy throughout this time.

The straightforward reply to the query is that making a declare for medical negligence shouldn’t impression your ongoing remedy – there will be no discrimination in opposition to those that are bringing such claims.

The connection of belief is vital between physician and affected person and it’s comprehensible that this could break down in some circumstances the place a declare is being made. If you don’t want to proceed to see a selected physician or medical practitioner, in opposition to whom you make allegations of negligence, then you’ll be able to ask to your care to be transferred to a different division or physician throughout the treating hospital – topic to any related points with the actual remedy.

Altering Hospitals

If you wish to transfer hospital, versus merely seeing a unique physician or practitioner inside your present treating hospital, then there will be a number of points to think about. These could embrace whether or not your treating hospital specialises within the space of remedy you require in addition to the hospital’s location. Finally, it’s a choice so that you can make primarily based in your particular person circumstances.

Do I would like to vary my GP surgical procedure?

The identical guidelines apply to GPs as to another physician. A affected person bringing a medical negligence declare in opposition to their GP, the surgical procedure or a member of employees, shouldn’t be requested to go elsewhere. Nevertheless, you’ll be able to, in fact, change surgical procedures if you wish to. An alternative choice is to ask to see a unique GP inside your present surgical procedure.

Kingsley Napley’s James Bell, Head of Medical Negligence, discusses this explicit challenge with working towards GP and medico-legal professional Dr James Jarvie in a current episode of our podcast – KN talks. They focus on the likelihood that sufferers may very well get a greater service inside their present surgical procedure because the medical doctors there will probably be particularly involved about what has occurred. The podcast, together with insights on different subjects surrounding authorized claims in opposition to GP claims, will be discovered right here.

What about non-public care?

Some sufferers bringing claims in opposition to the NHS will need to have non-public remedy going ahead and points to think about embrace prices and high quality of care.

Personal remedies can typically be claimed as a part of medical negligence compensation however the extent of that is an space the place a specialist medical solicitor might want to advise.

When you want remedy now then awaiting the result of a declare to pay for personal care might not be one of the best route.

In some circumstances, it’s attainable to acquire an interim cost from the Defendant to permit non-public remedy to start. Usually, professional proof have to be obtained to indicate that the remedy is critical. Once more, that is one thing a solicitor will advise upon absolutely. You will need to instruct a solicitor with vital expertise of medical negligence claims. At Kingsley Napley, our specialist staff are extremely skilled in acquiring early interim funds the place attainable for our shoppers. James Bell has written about among the authorized points surrounding acquiring early funds for remedy in larger element right here.

What if my remedy is affected ultimately as a result of I’ve complained?

Do you have to really feel that your remedy is compromised by the truth that you’ve made a criticism or declare then this needs to be raised with the hospital, clinic or GP surgical procedure. If you’re within the course of of creating a declare that is additionally a matter you’ll be able to focus on along with your solicitor who ought to present assist and recommendation all through.

No matter your circumstances, you have to not be dissuaded from making a declare over considerations that your remedy will probably be affected.  

There may be additional details about find out how to carry a medical negligence declare on our web site

If you’re involved in regards to the medical remedy that you simply or a member of your loved ones has obtained, please contact our pleasant and delicate staff for a no obligation dialogue.


Hannah Fletcher has over 5 years’ expertise in each medical negligence and private damage claims, together with these with a global aspect, having labored as a paralegal previous to qualifying as a solicitor in 2021. Hannah has acted for shoppers with a variety of accidents, with explicit expertise in catastrophic accidents together with spinal twine accidents, mind accidents, beginning accidents and amputations. She has a selected curiosity in claims regarding neurological accidents.


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