Here at Farleys, we deal with a multitude of clinical negligence matters – ranging from actions against hospitals to claims against GPs. Anyone who has provided treatment which has fallen below the requisite standard can be subject to a claim being made against them. As we all know, our NHS is pushed to its limit. The Public Spending Watchdog has recently warned that lengthening NHS waiting times could lead to a rise in clinical negligence claims.
The Public Spending Watchdog has provided some statistics, particularly in relation to the treatment of cancer. Clearly, it is imperative that treatment is given as soon as possible to mitigate the spreading of this awful disease. The Public Spending Watchdog notes that the elective care waiting list increased from 2.7 million to 4.2 million between March 2013 and November 2018. The number waiting for more than 18 weeks grew from 153,000 to 528,000 and the amount of patients treated each month increased from 1.2 to 1.3 million.
Unfortunately, a common allegation we come across when dealing with clinical negligence claims relate to failures and delays in diagnosis and/or treatment.
What amounts to a claim for clinical negligence?
The main two elements to prove for a successful claim are that the treatment provider’s care has fallen below an acceptable standard of a reasonable body of medical practitioners [“breach of duty”] and that this breach has caused harm which could have been avoided [also known as “causation”].
The onus of proving a claim falls upon the Claimant, and it must be proven that the “breach of duty” has caused harm. As solicitors we are reliant upon medical expert’s opinions and they are vital in proving any case no matter what the circumstances.
Remember, as with all claims for personal injury there are strict timescales involved. Any action must be brought within 3 years of your knowledge of negligence occurring. It is imperative to contact a solicitor the minute you become aware there have been failings by a medical professional.
Here at Farleys, we have a dedicated team of medical negligence specialists who can assist you and provide you with advice on if you have a potential claim for medical negligence. Call 0845 287 0939 or contact us by email.