In life things go wrong every day; people make mistakes and errors some of which impact other people. In the medical profession when things go wrong other individuals are generally affected, sometimes in particularly negative ways. The vast majority of doctors and medical professionals want to do the best they can for their patients but accidents can happen. In addition to this there can be lapses in concentration or judgement that can result in doctors failing in their duty to provide healthcare. Stress and problems in doctors' personal lives can have a bearing on their work performance just like in other careers - they are only human after all. There are also extremely rare cases of doctors or medical professionals deliberately or maliciously harming their patients. If you feel that a doctor has failed in their duty to look after their patients or has been negligent or caused harm (both physical and emotional) there are a number of ways to deal with the situation.
Firstly you will need to think calmly about your problem and whether you actually have a case. You will need to act rationally and sensibly as rash actions can cause further problems. You will need to work out what you want to achieve. In most cases many people want an explanation for the reasoning or cause of their case and many just want an apology. In more extreme cases some people may wish to take legal action to achieve recompense for the problems they have suffered. One of the first things you will need to do is to make a complaint in writing. All general practices should have a complaints procedure that you can follow. Once you have submitted your complaint to the correct people you should receive a response. If this response is unsatisfying you can take it further by submitting it your local health authority for a second review.
There are a number of organisations that can help you with making a complaint or can give you advice on your problem. For example, your local Patient Advice and Liaison Service (PALS) can help if you have concerns or wish to make a complaint about the quality of care you receive from the NHS. The Citizens' Advice Bureau can also advise those who wish to make a complaint about being poorly treated or misdiagnosed by your GP. The Independent Complaint Advocacy Services is an impartial service that can help anyone wishing to make a complaint about NHS care or treatment, including private hospital or care home treatment. Finally if you are unsatisfied with the response from your doctor or GP to your complaint you can appeal to the Health Ombudsman. In the majority of cases the Ombudsman will only take action if you have already tried to settle your complaint with your doctor or health care professional and they have responded.
For most cases, the avenues of action listed above are sufficient. However, legal action can be taken in regards to clinical negligence for the more problematic cases and for those seeking compensation. Though legal proceedings can be undertaken, only around 2% of cases actually go to trial, most are settled outside of court. The definition of clinical negligence officially defined as 'a breach of duty of care by members of the health care professions employed by NHS bodies or by others'. In order to be successful a claimant has to prove liability and causation. Liability is where the claimant can prove that the doctor acted in a manner that no other similar professional would have done. Causation is the proof that harm has resulted from the aforementioned actions taken by the doctor. Once these two factors have been proved the claimant's loss is assessed in terms of their reduced quality of life, loss of future earnings and mental distress.
Taking clinical negligence legal action usually requires the services of clinical negligence solicitors. The cases have to follow rules called Civil Procedure Rules (CPRs) that have to be followed by legal professionals. In basic terms in order to take up a clinical negligence law suit, a letter of claim has to be sent and the 'defendant' will have to gather information and respond to the letter. If this is not satisfactory the claimant will have to issue 'particulars of claim' and 'particulars of negligence'. The defending parties will then have to produce a formal defence. If the case continues it will eventually be taken to trial.
There are several ways of dealing with a complaint about medical care and a number of organisations that will help you to do so. You will need to think clearly about your case and your complaint. If you are still unsatisfied by the result of your complaint you may need to involve legal professionals.
© Izzy Evans 2012
If you would like to find out more information about this issue you can visit Clinical Negligence Solicitors London
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