Can I Still Make A Claim For Clinical Negligence During The Pandemic ?
To say the last year has been like a bad dream is an understatement and nobody wants to put pressure on those who are looking after our well-being. However, we are coming across people who fear if they dare make a claim especially, if they have had negligent medical treatment which has caused them an injury or if they have not had treatment and they feel they should have had treatment? Those who treat us are insured and if mistakes happen and this is proved then their insurers will pay the victim. This is irrespective of whether the medical negligence occurred in a private hospital or in the NHS.
Many are wondering with the Covid-19 they can still make a claim for clinical negligence? The answer is absolutely yes, you can. We are not encouraging people to make a claim for no reason but if they feel they have suffered medical negligence then they can still take legal advice as to whether they might have a claim.
Like us the NHS Legal team are still working and both parties want to see genuine claims reach an amicable resolution. We represent victims of medical negligence whose first language may not be English and sometimes there is a genuine hesitancy and fear on their part as to whether they are still allowed to make a claim for medical / clinical negligence.
If you know of someone or if you have been the victim of negligent medical care or indeed lack of care, it is always sensible to consult a specialist lawyer who can advise you on whether you might have a case worthy of investigating. It is sometimes hard for a lay person to determine if the claim has any merits which is when it is worthwhile speaking to lawyers who understand and have a track record of helping victims of medical negligence. We know from experience whether a claim might have prospects of success as we can review medical records, instruct the right kind of medical experts to comment on whether there is negligence and a consequential claim. Often medical negligence cases require trawling through vast amount of complex medical evidence to identify what went wrong, and whether this caused any actual and avoidable damage. These cases require a careful eye to prove a case. Sometimes, investigation might reveal that there is no claim or we may advise that there are low prospects but unless you seek legal advice you will not know.
If in doubt take advice. Most law firms who specialise in this type of work will be willing to speak with you initially on a no obligation basis. This is a good opportunity for you, to ask any questions you may have. Remember also, there are strict time limits in law. The usual time limit is three years from the date of negligence or 3 years from the date of knowledge, whichever is the latest. This means that if the claim is not pursued with the time limit you lost the right to pursue the claim as you will be out of time. For more details on how we can help you, the type of claims we can assist wit, your funding options and the different time frames see our website https://imd.co.uk/services/medical-negligence/.
Our medical negligence teams has lawyers who can assist you with the help of a translator. Our staff speak many languages including English, Polish, Romanian, Russian, Lithuanian, Gujarati.
If you live abroad but the negligence occurred in England and Wales you can consult us and we will be happy to speak with you to see if we can help. If you have a niggling doubt in your mind as to whether what happened to you or to a loved one was due to medical negligence, it is always sensible to get legal advice immediately.
Our Medical Negligence Law Experts
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.