Although having treatment in hospital can be worrying and upsetting, for most people the standard of care is good. Unfortunately though, this is not everyone’s experience and if you suffered from poor care after medical treatment such as an operation or hospital care, you may want to consider making a medical negligence claim.
However, it is not as simple as it sounds and poor care in itself, whilst upsetting, does not mean that you can make a claim. In order to make a medical negligence claim there are three points which need to be proven.
You will need to show that you were owed a duty of care by your medical team or in other words, that they were responsible for your care whilst you were in hospital. This will be easy to demonstrate because you were in the care of the hospital and therefore they were responsible for you and the care you received.
The next thing you will need to prove is that your care was inadequate and below the standard you should have expected. Lastly, you will need to show that the substandard level of care you received caused you an injury, loss or damage of some kind.
This means that although you may have suffered from negligent care whilst you were in hospital, if you were not injured in any way, then you will not be able to claim compensation.
This may be difficult for you to accept, especially if the negligent care you received was very distressing for you, but you can make a complaint to the hospital or the NHS trust who cared for you. This will hopefully allow you to get the answers you need to move on.
However, if you were injured and your injuries were as a result of the poor care you received, you should be able to make a claim for medical negligence. It is important to speak to a specialist solicitor who can discuss the prospects of your claim with you and help you to decide if you want to go ahead and make a compensation claim.
For more information about this article or any aspect of our accident and injury claims services, please call us on 0800 2888 693 or reply to this email and we will be delighted to help you (there is no charge for initial telephone discussions).