Claims against Hospitals - moral dilemmas?
Posted on 7th July 2017 at 10:41
I saw a new client this week who was thinking about making a claim for compensation against his local Hospital. He was a little uncomfortable with the fact that he would be taking away from NHS funds.
It's an understandable viewpoint. Who wants to be seen to be attacking the NHS with so much in the news on their financial difficulties. But when making such a claim, you need to remember the following:
We can only recover compensation for a person where we can show that a) there has been specific negligence on their part and b) that negligence has caused them to suffer injury or loss.
Read that again. It isn't the case that we simply send details through of something that's happened and the NHS pay compensation. It is actually very difficult to establish negligence and the Hospital really has to fall a long way short of acceptable standards for such cases to succeed. If they haven't been negligent, they won't have to pay anything. It's as simple as that.
We only take on deserving cases where we feel strongly that there has been negligence on the part of the Hospital or its staff. Only genuine cases get paid. What is more frustrating for us is when we have genuine cases, which the NHS realise they are not going to win, but we then see the NHS spending thouands in legal fees by instructing solicitors to defend these claims. When they eventually give in, or get a judgment against them, the costs are way in above of what they should have been had a sensible approach been taken.
We understand the moral dilemma but equally, we feel very strongly that if you have been injured as a result of a Hospital or GP's negligence, you are fully entitled to receive compensation for this.
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