How To Make Claim After A Procedure Goes Wrong
May 31, 2019
Although most surgical procedures are a success, a procedure goes wrong in some cases. Do you have reason to think a surgical procedure goes wrong? If so, you may be wondering how you should make a claim against the NHS or sue them for medical negligence no win no fee.
This guide will help you to be prepared for the claims process, no matter what the outcome. By following the process as outlined below, you will stand the best possible chance to win the right compensation amount.
Speak to the Hospital or Care Provider
A surgical error can include any number of actions.
Unintended injury as part of the procedure;
- Additional surgery;
- The wrong surgery occurring;
- a failure to monitor the patient, or;
- a lack of consent.
If you experience any one of these issues with your surgery, speak directly to your hospital or care provider.
It will ensure that you get a direct and fast response and help you to investigate further into the issue with your procedure. Not only this, but you will then be able to establish whether the hospital was at fault and gain evidence for your case.
File an NHS Complaint
If your case is not resolved in your local hospital, you can make a direct claim against the NHS for medical negligence through the NHS complaints system.
These complaints will then get an investigation, establishing the procedure’s happenings and the critical information of the events that occur. Most cases are resolved before going to court. Plus, you can make an NHS complaint up to 12 months after the procedure has taken place. You’ll get a response in under 6 months; if you’re not happy with the feedback, you can take this to your local Ombudsman.
Medical Negligence Solicitors No Win No Fee
If you need help writing your complaint or intend to sue the NHS, you should seek No Win No Fee medical solicitors. In essence, they ease your stress, ensuring you’ll not have to pay solicitor fees if you lose the case.
Instead, your solicitor will only seek payment if your case succeeds in court. Solicitors can help you with surgical errors by handling your case and representing you in court. That, as well as being able to offer advice on your next steps and any evidence you compile.
Go to Court
If you wish to go to court with your case, this will be handled by your medical lawyers no win no fee and will include a judge balancing your evidence and deciding how much compensation you should receive due to the error. It can be influenced by a range of different aspects such as whether the surgery was sub-standard, how much your life has changed due to the surgery, whether the hospital was at fault, how much pain you feel due to the injury and the costs you have incurred due to your injury.