Every patient has the right to complain about treatment received. The NHS Trust or health authority which provided the treatment is obliged to investigate promptly and respond. Nevertheless a major subject of concern considered in the Chief Medical Officer’s reform proposals was the current NHS-wide complaints procedure which has been in operation since 1996 and [...]

What will happen at the first interview?
 
Clinical negligence claims are often complex and difficult to handle, not because the law is particularly complicated – few of these cases involve legal issues - but because the clinical aspects, which will depend on the evidence of medical experts backed up with learned texts and papers, may require [...]

Once your solicitor has your proof, any information obtained as a result of a complaint under the NHS procedure (and the coroner’s verdict if an inquest was held), he will consider who the appropriate defendant might be. This can be complicated, especially where you have received treatment from a number of doctors. Or if you were treated abroad by arrangement with the NHS. If your treatment was on the NHS the potential defendant will be the NHS Trust or health authority responsible for hospital treatment. Most claims against the NHS are defended by the NHS Litigation Authority www.nhsla.com. If the defendant is your GP he, or his medical practice, will be named as defendant personally because he provides services to the NHS under contract. He will be defended by his insurer probably the Medical Protection Society or the Medical Defence Union.

A Briefing for the Patient and Relative
___________
by
Geoffrey Hall
of the Middle Temple, barrister
March 31, 2006 Edition
© Geoffrey Hall 2006
This briefing will be kept regularly updated as new cases are decided and rules are revised. It can be downloaded from the ARTICLES database at www.medneg.com for £7 paying by credit card on this secure site.
 
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The next hurdle is funding. Clinical negligence claims are particularly expensive to litigate because of the time needed by your solicitor to obtain and investigate the medical records, find a suitable medical expert or experts, consider the expert’s opinion and, possibly, instruct a barrister. Initial investigation costs alone could exceed £5,000. In the rare case which goes to court, with medical experts giving evidence on each side, your own costs could exceed £100,000 and the defence costs in that area.