Clinical Negligence Claims v Medical Negligence Claims

Is there a difference and what should you do first?

If you are looking for information about clinical negligence claims or medical negligence claims, you will often be confused. Some websites will refer to clinical negligence, others to medical negligence, and some to both. When all you are trying do discover is whether you might be able to make a claim, this can be very frustrating. This guide explains the important parts for you.

Clinical Negligence Claims

We will use the term clinical negligence claims in this guide. Strictly, there is no difference between the two descriptions. They both relate to exactly the same thing; that is "a breach of the duty of care that a medical profession owes to his patient, and that breach of duty causes the patient an injury that was foreseeable". In other words, if the treatment is not up to the standard that is expected of a medical professional and you suffer pain as a result of the treatment or lack of treatment, you will be able to claim clinical negligence compensation.

Been A Victim Of Clinical Negligence?

If you believe that you have been the victim of clinical negligence, one of the first things you should do if you are still a patient in hospital is to speak to the Consultant in charge of your medical care. Make sure that the Consultant understands that you are making a complaint and that you expect to be given answers to your questions. If you are not satisfied by the response you receive you should complain to the Hospital Complaints manager.

If you are no longer in hospital then you should make a complaint in writing to the Complaints manager, you can discover their details from the hospital. Usually an appointment will be arranged with the Consultant in charge of your care to discuss your complaint. Although it is not essential to make your complaint in writing it is a useful method of ensuring that you have raised all the questions that you wish to ask, and to ensure that you have received a response to each of the questions. This stage of the complaints process is called Local Resolution.

Time Limits For Making A Clinical Negligence Complaint

You have 12 weeks for making a complaint about your treatment although the time limit may be overlooked by the hospital. If you make a complaint in writing the hospital must provide you with a full written response within 20 working days.

If you are not happy with the outcome of the written complaint or meeting with a consultant you can request that your complaint be referred for an Independent Professional Rreview. This will be carried out by a panel of two or three independent consultants who will conduct a review of the case including taking witness evidence from you and the doctors or nurses involved in your care.

They will analyse your medical notes and provide you with a written report on your complaint with any recommendations for rectification. A requst for Independent Professional Review should be made within 28 days of the end of the Local Resolution.

Another alternative is to complain direct to the NHS Ombudsman. However, the Ombudsman investigates very few cases annually and will usually only accept cases in which they do not feel that the patients concerns have been adequately addressed by the NHS complaints procedure so this is always the starting point for your enquiry. If the Ombudsman accepts your case a full investigation by a team of officers will take place which will include interviewing all of the relevant staff and the commissioning of independent reports on the standard of the care provided. A complaint must be made to the ombudsman within one year of the date when you became aware of the events leading to the alleged clinical negligence.

Receiving Help With Your Clinical Negligence Complaint

Legal Aid does not cover the cost of making a complaint. We strongly advise you to make early contact with 1stClaims so that one of our solicitors can guide you through the complaints process if it is necessary for your clinical negligence claim.