Medical Negligence Advice Sheet

What to do if you think you have suffered below standard medical treatment – Advice and guidance

All medical treatment is stressful and worrying. If you think you have suffered poor treatment, it can be extremely distressing and traumatic. It is easy to not know what to do next and who to turn to. Don’t worry…Ashley Ainsworth are here to help you.

The 3 step plan if you are unhappy with your treatment

1: Express your concern to the doctor/consultant/medical staff in question and ask them for an explanation

2: Seek legal help – The experts at Ashley Ainsworth can explain what steps can be taken for justice and compensation

3: Get support from local groups and charities that help victims

How is poor medical treatment legally defined?

The legal term for poor medical treatment is “clinical negligence”. Many people are understandably unsure if they have a case, not knowing if their treatment was negligent or just not very good. The NHS Litigation Authority which deals with legal claims from patients describes negligence as ‘treatment falling short of acceptable professional standards’.

It is not enough though just to have suffered negligence, to make a claim for compensation the ‘negligent ‘ treatment must have resulted in you suffering some harm or injury. Some examples of what constitutes this are shown below:

  • Unnecessary pain and suffering
  • Extra surgical procedures
  • Extension of treatment
  • Being left with injuries which affect your quality of life
  • Psychological conditions e.g. anxiety and depression

As each case is unique, we recommend you get legal advice about your specific circumstances. This can be got quickly and freely over the phone at Ashley Ainsworth.

What will be expected of me?

Ashley Ainsworth and your solicitor will handle your case for you. All that will be expected of you will be to give a statement regarding your version of events and the injuries they caused you. Your injury will then have to be assessed in an independent medical examination which will be organised by your solicitor.

Are there time limits on when I can seek legal help?

There is a three year time limit for making a legal claim for poor treatment. This is defined as 3 years from the event or 3 years from when you first noticed the injury (whichever is applicable). There are some exceptions to this however. In cases involving children their parent/guardian/relative can make a claim on their behalf anytime up to their 18th birthday, or they can claim themselves within 3 years after their 18th birthday. This means that a 20 year old adult can claim for an injury they suffered as a baby for example. The three year time limit does also not apply to the mentally disabled, who are not running their own affairs. If you are in any doubt to your situation, again consult legal help.

With the help of Ashley Ainsworth you can get your life back on track after suffering from clinical negligence.

Contact us here for more information.

Find out what your claim could be worth