Can I still make a medical negligence during the COVID pandemic?
Posted on 22nd November 2021
Our no win no fee medical negligence solicitors discuss making a medical negligence claim during the pandemic.
With the conditions of the NHS and our healthcare workers being widely reported on throughout the covid 19 pandemic, our medical negligence solicitors have noticed a growing trend of clients being hesitant to make a medical negligence claim, or unaware if they can make a medical negligence claim for negligence that occurred during the Covid 19 pandemic.
In this post, our medical negligence solicitors discuss the position of medical negligence claims, how covid 19 affects your medical negligence claim, and why you should make a medical negligence claim, if you have suffered from any degree of medical negligence.
Can I still make a medical negligence during the COVID pandemic?
The short answer to this question is yes. The ongoing situation of the coronavirus pandemic has definitely changed how the NHS operates, and how healthcare workers operate, but it does not give them any sort of exception or protection from medical negligence claims.
It is no secret that the pandemic has stretched NHS resources and capabilities, and meant that they have had to prioritise problems directly associated to the pandemic and the Coronavirus in some instances, as part of the global effort to control the virus. However, while our medical negligence solicitors at MG Legal commend the NHS for their service, and their tireless efforts to treat patients in all circumstances, we also recognise the continuation of other health conditions such as cancer, and strokes, that require both immediate and ongoing treatment, and the fact that many patents have suffered from long delays in their appointments and treatments over the last 18 months.
As things begin to get back to normal, routine appointments return, and the backlog of appointments caused by the pandemic is being dealt with, patients should be able to seek medical treatment knowing that they are receiving the best care possible. When this does not happen, and medical staff act negligently, patients can be left with injuries and illnesses that should have been prevented, if the medical practitioner had used reasonable skill and care.
In these instances, regardless of the ongoing pandemic, patients are entitled to claim financial compensation for the medical negligence that they have suffered.
MG Legal, Nationwide Medical Negligence Solicitors. The team that put you first. Contact us for a free, no-obligation consultation: 01772 783314 or email at: injury@mglegal.co.uk
NHS waiting times since covid:
Under the NHS Constitution, 92% of people waiting for treatment should receive this within 18 weeks, and ideally, those requiring urgent cancer/cardiac surgery should wait no longer than 28 days. It cannot be argued that the pandemic has affected these waiting times, with estimations that up to 10 million people will be waiting for hospital treatment by the end of 2021, and the stark fact that it could take up to 5 years to tackle the waiting list.
While delays in appointments and wait times are often unavoidable, and not a cause for concern, delays for some patients can have devastating effects, and even prove fatal. For some aggressive cancers, and diagnostic tests for other serious health conditions, delays can cause the illness to rapidly develop, and cause further injury or illness to the patient. Here at MG legal, our cancer misdiagnosis solicitors, and medical misdiagnosis solicitors, often work with clients who have experienced a delayed diagnosis, and have made a medical negligence claim for financial compensation as a result. To learn more about making a medical misdiagnosis claim, see this here.
Can I make a medical negligence claim for delays due to covid?
While the process for making a medical negligence claim for any of the usual acts of negligence should not be affected by Covid-19, it is slightly more tricky when we speak about making a medical negligence claim for the delays directly caused by the pandemic.
During the height of the Covid-19 pandemic, all non-urgent treatments and appointments were delayed and pushed back by the NHS. This was made official on 15th April 2020, when NHS hospitals and trusts were given instruction to suspend any non-urgent surgeries for at least three months.
With this being a direct instruction to the NHS, they have no liability in the effects of the decision. This means that patients cannot work with a medical negligence solicitor to claim financial compensation for the effects of their delayed routine appointments, routine screenings, or non-urgent treatments. However, while it was mandated for non-urgent care to be postponed within the NHS, the same cannot be said for emergency admissions, clinically urgent care, or cancer treatment. The Chief Executive of NHS England, Simon Stevens, stated that the care for these patients should continue unaffected.
If you believe that your urgent treatment, emergency care, or urgent referral was missed or delayed by the NHS due to the covid-19 pandemic, resulting in further or unnecessary injury or illness, you could be eligible to make a medical negligence claim for financial compensation with our no win no fee solicitors.
In these cases, our experienced no win no fee medical negligence solicitors are here to help you achieve the financial compensation that you deserve, on a no win no fee basis. Simply contact our team online here and speak to a solicitor within one working hour about your potential claim.
Is it ethical to pursue the NHS for compensation?
When you make a medical negligence claim, your medical negligence claim with MG Legal will not be taken out of patient care funds in any kind. NHS negligence claims are dealt with by a scheme called NHS resolution, which is in place to represent NHS doctors and staff when acts of medical negligence have occurred. All NHS trusts must pay an annual premium to NHS resolution, to provide the money to resolve NHS negligence claims. This means that the money involved in your medical negligence claim will come from a budget set aside specifically to deal with NHS negligence claims, and will not impact NHS patient care whatsoever.
As well as this, a new scheme has actually been launched by NHS Resolution to meet the growing liabilities arising from the circumstances of the coronavirus outbreak. This scheme provides additional indemnity coverage for clinical negligence liabilities that may arise when healthcare workers are working as part of the coronavirus response. This may be reassuring to many who are considering making an NHS negligence claim but were worried about the impact this may have on the NHS, and whether or not the money that they achieve will come out of another patient’s care.
No Win No Fee Compensation:
MG Legal's leading medical negligence solicitors accept all of our claims on a "No Win, No Fee" basis, and have a success rate of over 99%.
Our team put your first, and work with care to achieve your financial compensation. Call us today on a free, no-obligation basis at: 01772 783314
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What can I make a medical negligence claim for?
There is no definitive list of what medical negligence is. The NHS carry out so many different roles, and they owe a duty of care to patients in everything that they do. Learn more on this duty of care here. Below are just some examples of the medical negligence, or instances of clinical negligence cases, that our medical negligence solicitors have won our client's medical negligence compensation for, due to the negligent actions of their healthcare provider:
didn't obtain your informed consent prior to commencing treatment
didn't warn you about the risks of a particular treatment
failed to seek assistance, supervision, clarification or guidance
Make a no win no fee medical negligence claim with our no win no fee solicitors:
Suffering any form of injury as a result of medical treatment can be both traumatic and life-changing. With the challenging times that the NHS has faced during the pandemic, we understand why clients might be unaware whether they can, or should, make a medical negligence claim. MG Legal’s medical negligence solicitors are driven by our goal to help you and your family have the best possible future, and with enough compensation to be able to put the whole experience behind you.
Our team have over 30 years’ experience settling all types of medical negligence claims. You have done nothing wrong, and our solicitors understand that. If we can help you, then you will not find a personal injury team who will put more work into helping you pursue compensation for medical negligence.
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