Who can you bring a claim against for medical negligence?
The answer will depend on whether you were treated under the NHS or privately. In England and Wales, legal action for medical negligence can be taken against an individual healthcare practitioner, consultant, or an NHS Trust.
NHS Hospitals
If treated by the NHS, the claim will be made against the relevant NHS Trust rather than an individual doctor or medical practitioner. Every year, each Trust sets aside a budget to meet claims for compensation.
The NHS is rightfully a cherished institution and is unrivalled in the services it provides. Yet negligence can still happen and if legitimate, deserves to be compensated. The NHS recognises this and it is for this reason that a fund exists for those who were negligently injured.
Sometimes clients worry that their treatment may be affected if they bring a claim against the NHS. This is understandable but any existing and future NHS treatment you have will be unaffected by any claim you bring against a particular Trust.
Private
If treated privately, medical negligence claims and the amount awarded depends on whether the medical professional or hospital has insurance, whether the insurance company will cover and if they do cover whether there’s a limit on the indemnity.
What exactly is medical negligence?
Medical negligence is when medical professionals fail in their duty of care and as a result of this failure, you were caused an injury which either would not have otherwise occurred, or wouldn’t be as severe. This can occur through surgical mistakes, misdiagnosis, incorrect treatment or a negligent delay. When the negligence results in an injury or the worsening of an existing condition, then compensation can be claimed.
How long do spinal injury medical negligence cases take to settle?
We try to settle cases as quickly as possible. However, how long your medical negligence case will take depends on a number of factors including the severity of your spinal injury and whether the healthcare provider (NHS or private) accepts responsibility.
Spinal cord injury negligence compensation
If you have concerns about the treatment you received and whether this caused your spinal cord injury, then you should contact us to see if you have a potential claim. We guide each of our clients through the process which we recognise can at times feel daunting.
Living with the repercussions of a spinal cord injury usually requires considerable lifestyle changes and support. Rehabilitation and other life adaptations are vital to help you manage and improve your physical and emotional wellbeing.
At Aspire Law we specialise solely in spinal cord injury claims and have an extensive medical negligence department that includes people who have dual qualification and are medically trained. We’ve represented many clients who developed a spinal injury which were not identified quickly enough and or were poorly treated, resulting in permanent and life-changing damage.
Talk with our solicitors
To discover more about making a spinal cord injury compensation claim, call us today on 0800 030 20 40 or contact us online and we’ll get back to you as soon as we can.