The overwhelming majority of medical interventions in the UK result in a positive outcome. But of course, medical practitioners are only human, and so they’re vulnerable to error. And, in this particular field, a mistake can result in serious consequences.

Could NHS staff be guilty of malpractice and negligence?

It would be extraordinary if an organisation the size of the NHS did not occasionally get things wrong. Thousands of medical negligence claims are successfully pursued against the NHS each year, most of which are settled out of court without the direct involvement of the claimant.

What are the outlined legal steps for pursuing medical negligence claims?

Medical negligence claims usually follow a specific route. To give yourself the best chance of success, it might be a good idea to stick to the well-trodden path.

Get as much paperwork as you can

From the moment that you suspect something is wrong, you should be documenting your interactions with the medical system. This will help you when you come to evidence something at a later date.

Get receipts

You might claim financial damages based on how much you’ve spent on hospital parking and the like, as well as the amount that your condition has prevented you from earning. Payslips and receipts all add up, and they’ll help you to put a precise figure on the amount you’d like to claim.

Make a complaint

Before you pursue legal action, it’s helpful to make a complaint about the medical personnel in question. This will help to determine whether medical negligence is likely to have occurred, by explaining where mistakes were made. You might also report your GP to the General Medical Council – especially if you think that the standard of care being provided might adversely affect other patients.

Hire a competent lawyer

A solicitor specialising in medical negligence will stand a much better chance than you of securing a good outcome in court. They’ll have unique expertise to bring to bear on the case, and they’ll also be in contact with expert witnesses who might help you to establish wrongdoing.

For medical negligence to have occurred, it will need to be proven that the mistakes would not have been made by a competent member of the profession. This is why it can be useful to bring someone in to testify that the mistakes were indeed negligent.

Make sure that you’re timely

To pursue a case of this sort, you’ll need to start the ball rolling within three years of your being aware of the problem (or within three years of your eighteenth birthday). As such, it’s a good idea to take action sooner rather than later.