Medical Negligence Claim: Unhappy With Your Treatment And Deciding If You Have A Claim

Find what you should do if you are unhappy with the medical treatment you have received; the initial steps your solicitor will take to decide if you have a medical negligence claim and the importance of your medical records in proving your claim.

What is the first thing you should do if are unhappy with your medical treatment?

NHS patients complaints procedure

The first step you should take if you are unhappy with the medical treatment you have received is to ask for a written explanation from your medical professional via the NHS patient complaints procedure.

Investigating the complaint

The medical professional should then speak to his supervisor who should investigate the complaint, interview staff, look at the medical notes and finally provide you with a written explanation.

You are unhappy with the response

If you are unhappy with the written response you receive you should contact a medical negligence solicitor as soon as possible.

What records can your solicitor use to support your medical negligence claim?

All the information you need to support your medical negligence claim should be within your medical records – this could be within your GP notes or hospital notes. Either way, every medical step taken, advice given, x-ray made or medical condition complained of should have been properly recorded.

How does your solicitor access your medical records?

Confidential information about your health

Your medical records contain confidential information about your health, but as they are your records you are entitled to see them.

Signed authority for release of records

Your medical negligence solicitor can request to see your records by sending your signed authority to the hospital or GP. Your signature gives your consent to allow them to be released.

Declare if you are considering a medical negligence claim

The authority must state if you are contemplating a compensation claim against your GP or hospital – your notes must still be disclosed in full, but the medical authority will have been warned that you are contemplating a claim against them.

How will a solicitor decide if you have a clinical negligence claim?

To decide if you have a medical negligence claim your solicitor will first hear what you have to say about your treatment and see what the outcome was of your patient complaint.

Obtain copies of your medical records

Your medical negligence solicitor will access your medical records following the procedure we described earlier.

Examine medical records

Next your solicitor will examine the medical records for information to support your compensation claim.

Obtain an expert opinion

If there is some evidence to support your assertions – the your medical records will be organised and sent to a medical expert to give an opinion as to whether some form of medical negligence has occurred.

Provide a notice of your medical negligence claim

If the medical expert suggests medical negligence has occurred – your solicitor will notify the medical authority in writing that a claim for compensation is to be commenced against them.

Medical Negligence Claim Summary

You now know what to do if you are unhappy with the medical treatment you have received and the steps your solicitor will take to decide if you have a medical negligence claim for compensation.

Free Online / Telephone Solicitor Help

Deciding what you can do if you suspect you have experienced clinical negligence can be daunting.

We provide a number of free legal help options. You can ask a question online / by telephone, call our solicitors direct to discuss if you might have a claim and your possible ways forward or request an online claim assessed.