Advice on filing medical negligence paperwork independently.

[Loulouuk1]

Hi,

This may sound unusual but I would like to know how to proceed in filing a claim for medical negligence without the support of a solicitor. Over the last 10 years I have had multiple surgeries that left me disabled. I saw a variety of specialists who diagnosed me with chronic pain conditions, however my parents were dissatisfied with this as one of my feet that had been operated on had become deformed yet I was being told to get on with it. My parents paid for me to see a surgeon in France, who immediately identified 3 major errors made by the surgeon ( we know a registrar was actually the surgeon, not the consultant as he promised) and he was horrified I'd been left in this way. I had surgery 2 years ago and this was a success. My parents had to pay for this and I wish to reclaim the cost of this. I've now worked with my GP to find out what damage I've been left with and I've been diagnosed with several permanent problems, two of which, if I'd been listened to when I first saw the consultant, would have altered how I was treated. I lost my job ( dismissed by the Civil .service because of ill health) and the personal cost has been very high. I still walk with crutches and will probably need more surgery to repair my right foot which is now starting to be problematic.
To file paperwork, what do I need to do? I know about limitations and I have paperwork confirming negligence. My main priority is recouping my parents money for the operation and ensuring I can have the further treatment with the surgeon of my choice.

sorry this is long winded but any help would be gratefully received.

Thanks

Louise

[stevemLS]

Re: Advice on filing medical negligence paperwork independently.

Medical negligence litigation is extremely complex and difficult to prove.

If you are not familiar with litigation generally, I think it would be a grave mistake to attempt to do this alone. I certainly don't think you can rely on advice from an internet forum to guide you through it.

[Loulouuk1]

Re: Advice on filing medical negligence paperwork independently.

Hi Steve,

thanks for the post, ordinarily, I would have gone with a solicitor but I've been told I can't have access to,legal aid for this and that I would have to pay to proceed. My main concern is to get the money back for the surgery so if you can point me in the right direction in terms of what paperwork I need to complete I'd be grateful.

Thanks

louise

[stevemLS]

Re: Advice on filing medical negligence paperwork independently.

Louise

Have you tried getting someone to deal with it on a no-win no-fee basis?

It is right that you cannot get legal aid for medical negligence claims any more but that is supposed to be predicated on solicitors being prepared to act on a different basis.

I've just googled no win no fee medical negligence and there are any number of firms that say they take that sort of work.

Regrettably I haven't time to walk you through the entire litigation process which seems to be what you are asking for. The risk you face is that you lodge a poorly constructed claim and not only find those proceedings non-productive and potentially with costs consequences, but find that you have inadvertantly barred yourself from re-litigating on the same facts.

Essentially, though, you would complete a claim form in the same way as any other claim, form N1, issue it in your local county court and see what happens. You need to have a well crafted Particlars of Claim if you are to get anywhere though.

I doubt whether this would be suitable for the small claims track which is limited in PI cases to those worth not more than £1,000

Sorry I can't be more helpful.

[Loulouuk1]

Re: Advice on filing medical negligence paperwork independently.

I did have someone on no win no fee but it became quite fraught and if I returned to work ( which I hope to do very soon) then I'm liable for various costs which I wouldn't be if I remained on benefit, which I don't want...can I approach the hospital directly to reclaim the surgery costs? I asked my solicitor on numerous occasions about doing this but they stalled and focused on the level of damages I might get....

[stevemLS]

Re: Advice on filing medical negligence paperwork independently.

You can approach the hospital but I don't think you will get very far.

[des8]

Re: Advice on filing medical negligence paperwork independently.

Are you in England or Wales or Scotland?
Are you aware of the NHS Redress Act 2006 & National Health Service Redress (Amendment )Act 2011
The purpose of the act was to provide an alternative to litigation
In England the NHS Litigation Authority (http://www.nhsla.com)handles claims on behalf of the health authorities, although I do not know where you start the process

In Wales you need to be aware of NHS (Concerns, Complaints and Redress)(Wales) Regulations 2011.
Basically you write to the NHS Board setting out your complaint(s), and asking for an investigation into them.
You confirm that you consider you have suffered avoidable irrecoverable injury or impairment to health which has a lifelong adverse effect on lifestyle, quality of life, physical and mental well being.
This will trigger a report setting out the health authorities position.
That report will probably determine your next step, as they MIGHT agree your concerns meet the criteria for a qualifying liability/redress.

However, as you have been warned clinical (no longer medical) negligence cases are horrendously complicated.
You have to show that the people treating you owed a duty of care, were negligent in management and caused harm.
You have to prove (a) liability, i.e. no other similar professional would have acted in this manner and (b) causation i.e.their action was more than 50% likely to have caused the harm.
(a) is extremely difficult to prove as it only needs one other professional to support the person you are suing for your case to collapse.

And at the end of the day if you proceed to lose, you could well end up having to pay the defendants costs. The defendants will be funded by their liability insurers and using first class barristers.... very expensive.

[stevemLS]

Re: Advice on filing medical negligence paperwork independently.

The NHS Redress Act 2006 has not yet been brought into force and the alternative redress scheme it provides for has not ben created.

So far as the NHSLA is concerned, they act as insurer so you make your claim against the hospital concerned in the same way you would anyone else. They may then report it to the NHSLA as a claim.

It is not quite right to say you only need one other professional to support the actions of the hospital to fail. You can and do get contradictory expert evidence and the court, as in any other case, decides whose evidence it prefers. The test is known as the Bolam test (amended) and is whether the actions of the particular clinician would be supported by a responsible body of professional men (yes, men).

[des8]

Re: Advice on filing medical negligence paperwork independently.

Sorry, The Act has not yet come into force in England, although it is in Wales.(NHS (Concerns, Complaints and Redress)(Wales) Regulations 2011.)
I was writing rather late after a family day and didn't make it clear.
Mea culpa.

Regarding the Bolam test, this has been modified by Bolitho.
I was not at this stage getting into a complicated discussion of clinical negligence, but warning OP of the difficulties she faced, and possibly oversimplified the problems.

[stevemLS]

Re: Advice on filing medical negligence paperwork independently.

I absolutely agree, Des, as I have said a few times on this thread.

I was aware of Bolitho which is why I referred to Bolam being amended. Most people stil refer to Bolam though and I didn't want to make it too complicated. (I defend clin neg claims as part of my day job).

[Celestine]

Re: Advice on filing medical negligence paperwork independently.

Im not sure whether a specific point you make has been explained properly by your solicitor.

I had a friend go through this on a different personal injury claim, but the principle stands.

You mention - 'if you return to work, you may have to repay some of your damages'.

This is because a claim would have to be brought on your overall loss including future earnings. Therefore, if you remain incapacitated and on benefits, you would receive more....but if you subsequently return to work, your damages could be challenged.

My friend was presented with the choice of 'declaring' she would never work again...or not declaring that and making a lesser claim based on existing loss.

She opted for the latter but it radically decreased the amount the solicitor was able to recover for you.

It may help to discuss your case with a different solicitor, if this one isn't progressing well. Do check your contract/retainer carefully.

If multiple solicitors are unprepared to act no win no fee, you must take some hint from that that your case may be difficult to prove or has other hurdles which cause those firms to be cautious.

When pursuing clinical negligence through a solicitor, ordinarily you would have ATE insurance to protect you from the other sides costs. If you pursue this alone, you would potentially be exposed.

I know solicitors have a poor reputation in cases like this, but if more than one firm are advising caution, you will need to consider that very carefully.

Good Luck x

[righty]

Re: Advice on filing medical negligence paperwork independently.

I suggest the OP needs to engage a specialist solicitor on 'no win no fee' as med neg can be a costly not to say lengthy matter before reaching an outcome. Also, you will probably have to engage an expert witness which can be very costly

[wales01man]

Re: Advice on filing medical negligence paperwork independently.

A friend of ours is fighting a medical negligence case with a no win no fee solicitor they had to pay 3 grand for a specialists report the case is ongoing for over 4 years now without an an end it sight the OP must have legal representation to stand any chance

[MIKE770]

Re: Advice on filing medical negligence paperwork independently.

Years ago we contacted a company in BATH who specialises in cases of possible neglect, they sent a Consultant from St Guys to investigate, the operation at BUPA by a local Surgeon, 1st of all a wall appeared on investigation day at the hospital concerned whom daughter was admitted after cerebral hemorrhage after having her tonsils out, and ended up in a coma for over a year before dying, eventually he was allowed to investigate all records after some union stepped down, what he found was records very good and could not fault the records

Years later an investigation into the said surgeon by the hospital trust for irregularities in his work on ears/nose/throat, and media asked for any info from past patients I sent letter with daughters details when/where, to be told sorry we destroy records after 2 years after death.

Just to let you know investigations can be done but at great cost! but we all would like to know the truth if any situation occurred anyway1

[righty]

Re: Advice on filing medical negligence paperwork independently.

I would like to ask the OP
Q was it inevitable or even probable the operations would or might lead to your present condition AND more importantly were you warned?