Almost everyone will need to be treated by a
branch of the medical profession at some
time in their lives.
We expect the
treatment or advice to be appropriate,
accurate and competent. Usually it is - but
things can go wrong. When this happens, what
can we do about it? We can complain and
sometimes an explanation and an apology is
all that is needed. When that is not enough,
or when a medical mistake has resulted in
substantial financial loss, the law can help
us to recover financial compensation. Money
can never make up for suffering but more
people are discovering that, through the
law, it is possible to find some relief from
the financial consequences of negligent
treatment.
Once, the doctor's word was "law", he
knew best. If things went wrong explanations
were unlikely to be offered and the wronged
patient would have to accept the situation
not least due to the closure and protection
of the medical ranks.
Today, television documentaries on
medical matters and multi-media coverage of
high profile claims have made us aware that
we have a legal right to an adequate
standard of care. We know that a doctor,
nurse or other medical professional may make
a mistake, since they are only human. When
that mistake amounts to sub-standard care we
have the right to be financially
compensated.
Compensation is not a bonus, like a
lottery win. There can be an enormous
financial burden on patients and their
families who have had their lives ruined by
negligent treatment.
Damages for negligence are compensation
for pain and suffering and past and future
financial loss. You may be compensated for
loss of earnings whilst you were unable to
work and for being unable to work in the
future. You may need specially adapted
housing and 24 hour care for the rest of
your life; or you may just need a few
gadgets, such as an electric can opener, to
make life more comfortable.
Large awards and settlements in medical
negligence cases grab the headlines, but not
all claims are worth a fortune. Most are
between £3,000-£10,000 and success is not
guaranteed.
Taking legal action against the medical
profession is undoubtedly complicated and
expensive. Funding an action may be a
problem. It is no longer easy to obtain
Legal Aid your solicitor will explain
different funding arrangements.
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