The NHS is stretched to its limit, now more than ever in what has been described as one of the NHS’ “toughest ever winters”.

The Daily Mail has created an interactive data tracker that examines the performance of all trusts, which they claim has been “hailed by NHS chiefs”.

Data from the tool has revealed that fewer than half of patients attending at major casualty units were seen within the recommended four-hour time frame. Performances against three key cancer targets are also exposed, as are the backlogs for routine procedures such as hip and knee replacements. Under the health service’s own rulebook, all patients needing treatment have the right to be seen within 18 weeks.

Unfortunately, a common allegation we come across when dealing with clinical negligence claims relates to failures and delays in diagnosis/treatments so these backlogs could very well lead to a rise in clinical negligence claims.

What Amounts to a Claim for Clinical Negligence?

The main two elements that need to be proven for a successful clinical negligence claim are:

  1. The treatment provider’s care has fallen below an acceptable standard of a reasonable body of medical practitioners [“breach of duty”] and

  2. That this breach has caused harm which could have been avoided [also known as “causation”].

The onus of proving a claim falls upon you, the claimant, and it must be proven that the breach of duty has caused harm. We are reliant upon medical expert’s opinions; they are vital in proving any case, no matter what the circumstances.

As with all claims for personal injury there are strict timescales involved. Any potential claim must be brought within three years of negligence occurring, or within three years of the date you first realised you had negligent treatment. For this reason, it is important to contact a solicitor as soon as you become aware there have been failings by a medical professional.

There are exceptions to the three-year limitation rule:

  1. Children – a child affected by medical negligence can make a claim at any time before their 18th The three-year rule comes into effect on their 18th birthday meaning they ultimately have until their 21st birthday to make a claim.

  2. Mental capacity – If a person affected by medical negligence lacks the capacity to make a claim for themselves there is theoretically no time limit for their carer or loved one to make a claim on their behalf.

At Farleys, we deal with a wide range of clinical negligence matters – ranging from actions against hospitals to claims against GPs. Anybody who has provided medical treatment which has fallen below the required standard can be subject to a claim being made against them.

If you would like to talk to us about a potential claim for medical negligence, you can call Farleys’ medical negligence specialists on 0845 287 0939, contact us by email, or use the online chat below.