We are very lucky to have the NHS and we all rely upon the dedication and commitment of Doctors, Nurses and Therapists at some point in our lives. The vast majority of people will receive excellent care by a committed and passionate medical profession. Occasionally avoidable mistakes are made which can have life changing consequences on the individual. In those circumstances, we are here to help you.
Is it all about the compensation?
No. It is also about medical professionals learning lessons so the same mistake is not made in the future to another family. In addition, it is about finding answers for you, from independent medical experts. They may actually indicate that no mistakes have been made by the medical professionals and that will clearly provide you with peace of mind that nothing went wrong or could have been preventable.
Is a clinical negligence claim a legal action to punish Doctors and Nurses?
Absolutely not. We all make mistakes and when that happens the NHS encourage a duty of candour and an important part of bringing a clinical negligence claim is to help he individual clinician to learn from their mistakes. This will in turn help make them a better clinician and prevent similar things happening in the future to others.
Doctors cannot guarantee a successful outcome so is it fair to claim compensation?
The Courts have adopted a very fair approach in clinical negligence cases. They recognise that medicine is not a precise science and professionals have differing opinions as to the best approach. In other words, the doctor is not judged on the result but how they got to that result. The medical professions protection against frivolous claims is that a claim for compensation will only succeed if the care provided fell below the standard expected of a reasonably competent doctor.
So what does that mean.
Compensation will only be paid out to patients who are victims of a mistake that should not have occurred and which in itself, leads to an avoidable consequence. In other words, a consequence that would not have occurred had the mistake not been made.
At PHH Solicitors we offer ‘no win, no fee’ on clinical negligence claims. Please contact Judith Abram or Peter Jensen on 01253 778231 for a free no obligation consultation.