Both the NHS and private healthcare institutions offer excellent care; however, sometimes, things can go wrong. Often this is down to human error, and in more severe situations, issues with medical devices, technology or staff training. Patients can take legal action if they experience medical negligence, resulting in further injury or a worsened condition.
However, legal action is expensive and stressful for patients, especially if dealing with ongoing health conditions. Before filing a medical negligence claim, patients should consider whether recalling the traumatic experience is worth it. Please note that a court cannot discipline a healthcare professional or force a hospital to change its processes. They also cannot order a personal apology from the healthcare professional. If you win the claim, you will only receive financial compensation.
Medical negligence claims have had a significant impact on the NHS in the past. Compensation comes out of the same budget that funds medical equipment, healthcare staff and much more.
You should consider looking into the NHS complaints procedure before filing a medical negligence claim. While this isn’t obligatory, it can help you understand what happened and its potential reasons. This initial step can help you make a better decision on whether to continue with your claim, and if so, you need to seek legal advice.
There is often an assumption that private healthcare organisations provide a higher standard of care than the NHS. Both institutions offer the same level of care and expertise, in line with the healthcare guidelines in the UK. All doctors follow the same rules on clinical and moral practices. Furthermore, healthcare professionals often work for both the NHS and private practice. Private healthcare is used either on an ad-hoc basis or for medical insurance. Private institutions cannot offer accident and emergency care.
In 2020, there was a significant drop in medical negligence claims compared to previous years in the UK. People became more aware of the vast pressure the NHS was under during the pandemic and the world’s medical crisis. Those, who experienced medical negligence at this time, were more likely to be reluctant to file claims against healthcare institutions. There were also fewer court proceedings available and a downward trend in the average claimant legal cost.
However, maternity negligence claims continue to be the most popular and expensive claims in the UK. Private institutions offer maternity services, but they’re not usually covered by insurance.
Consult legal advice before filing a claim and make sure it is the best decision for you and your health.
