Whenever under the care of a Doctor, we expect them to act in our best interests. All Doctors owe a professional duty of care to their patients.
In the vast majority of cases, the Doctor who takes on your care will do so in a highly professional manner, but there may be occasions when their standards fall short of acceptable. If it can be shown your Doctor failed in their duty of care, in a manner tantamount to negligence, and that you suffered some form of loss, damage, or pain as a result, you may have cause to pursue a claim for medical negligence.
That said, medical professionals such as Doctors rightly hold a position of respect, value and authority in our society, so when they have failed to fulfil the high standards expected of them, it can be difficult to know what to do. The health and wellbeing of you or a loved one may have been adversely affected, and without medical knowledge, it can often be difficult to know whether the negative impacts suffered were unavoidable or whether they classify as negligent, and you should, therefore, report your Doctor.
With these factors in mind, we at Been Let Down – Professional Negligence Solicitors, have put together a guide to let you know how to report a Doctor should you suspect negligence or medical malpractice.
We are trusted medical negligence Solicitors with a track record of excellence in this field and are passionate about providing the best service to all of our clients.
It can be difficult to distinguish between negligence and unavoidable mistakes which are risks common to the condition or procedure which you are suffering from. When it comes to medical knowledge, most of us have a limited understanding of what can contribute to an adverse reaction or medical condition. Examples of medical negligence may include:
Any of these areas of conduct could classify as negligent practice, and if it can be shown these actions caused identifiable loss, damage, pain, or injury to you, there may well be a case to report a negligent Doctor to the British Medical Association (BMA). You should also check whether the hospital has a Patient Liaison and advisory service (PALS). If they do, you can complain directly to them, and they will investigate your complaint and provide a decision whether your complaint is justified. PALS will not, however, provide legal advice whether the actions or omissions of the Doctor were negligent.
If the Doctor is a GP, you can complain to the GP’s practice manager, if the complaint is not resolved by the practice manager, they should explain to you how you can go further with your complaint.
It needs to be proven the negligence caused or contributed to an adverse outcome which you would not have suffered but for the negligence.
It is our job to seek the evidence showing the link between the negligent behaviour and damage caused. We will engage the services of an independent medical expert to establish this if needed.
If you are considering a medical negligence claim and you are thinking of contacting Been Let Down to discuss your claim, we would first arrange a consultation over the telephone; this initial call is free, and there is no obligation to proceed. During this phase of the claims process, we will take the time to listen to the details of your claim in detail.
If we consider your claim is worthy of further investigation, we will request your medical records (with your full consent).
It is also important that you answer all our questions fully and truthfully, as any missing or incorrect information given could severely reduce the chances of winning the case or securing the maximum compensation. It is also worth noting that there is a time limit of three years which applies to clinical negligence claims. We will discuss this with you during our initial telephone call to determine the best we can whether you are within time to bring the claim.
Many people are understandably wary of the financial implications of making a legal claim. At Been Let Down, we take on the vast majority of our cases on a ‘No Win No Fee’ basis. This is a model that releases clients from taking on a major financial burden in pursuing recognition for the negligence they’ve suffered.
The terms of the ‘No Win, No Fee’ will be discussed and explained to you before signing any documents. We will also discuss with you After the Event insurance.
We see a number of advantages in pursuing a clinical negligence claim on a ‘No Win, No Fee’ basis. Firstly, it protects you from any financial risk, knowing that should there be no compensation secured, you will have no payment to make. Secondly, it provides confidence to our clients that we believe the case has a strong chance of success.
A further benefit is that it defines very clear parameters for our arrangement throughout the duration of the case.
If you are looking to move along with the process of making a claim and want to ascertain whether Been Let Down are the right medical negligence Solicitors for you, we welcome you to contact us today. This can be done by phoning our office on 0151 321 1000, or by visiting our website at www.beenletdown.co.uk to request a call-back for a more suitable time, or to complete our claims form. We will then arrange for an initial consultation with you, and determine how to best move forward with your case.