Sue the NHS - The Moral Dilemma
If you believe you have suffered at the hands of a negligent doctor or medical consultant, should you Sue The NHS? What will happen to the doctor concerned, and will you cause The NHS to lose out financially. We have created this article to explain the key points and to help you understand your rights.
Establishing A Potential Medical Negligence Claim
The first step is to determine whether any negligence has occurred which would entitle you to sue The NHS for medical negligence. Briefly, you must be able to show that:
- The NHS owed you a duty of care
- That The NHS through (the negligent treatment or failure to provide treatment of the consultant or doctor) have breached that duty of care
- The breach of duty by The NHS has caused your injury or illness
Will The Doctor Or Consultant Lose Their Job?
If you have established the basis for a claim for medical negligence, often the next moral dilemma is whether you will cause the doctor or consultant to lose their job. In almost all situations this is very unlikely. This will only happen if the person concerned has committed the same act of negligence several times, or if the negligence is so serious that they have seriously endangered life. In both these circumstances, you could be saving someone else from going through the same pain and difficulties that you experienced.
Will The NHS Suffer Financially?
The NHS provides its own insurance and so ultimately The NHS will have to pay any compensation that you are awarded for successfully suing The NHS. However, they put aside money for these claims each year, thereby building a pot of funds to settle claims. Ideally they will improve their practices over the years so that they can put less money into this "insurance" pot.
Summary
Suing The NHS is a difficult to decision to make. However, if you have suffered and will continue to do so, you may have a legal right to Sue The NHS and recover the compensation that you need to improve your own medical condition.
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