Stafford Hospital Patient And Family Claims May Take Years To Deal With

Main Category: Litigation / Medical Malpractice
Also Included In: Public Health
Article Date: 20 Mar 2009 - 0:00 PDT

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Claims against Stafford Hospital for medical negligence in the light of a damning report by the Healthcare Commission could take years to deal with - no matter how cut and dried they appear to be.

Patients and families making claims will have to deal with the NHS Litigation Authority (NHSLA) which is viewed by lawyers as being notoriously slow - further eroding the public's trust in the NHS.

Nicola Winslett, a leading personal injury and medical negligence lawyer with SAS Daniels LLP, says the process can be tortuous, even for those who know their way around the system.

"You have to get the records, and then an appropriate expert to review them and the claimant's allegations and then be advised on whether there has been a breach of duty, acts of negligence and whether the death, loss or injury alleged has stemmed from those actions or inattention.

"Then a second report is required on the extent of that loss, usually from a different specialist. It is very complex. It needs a specialist solicitor who has access to the right group of experts, but accessing the right expert and knowing what questions to ask them is anything but straightforward.

"It's not done by that many solicitors, although myself, colleague Andrew Dowd and members of our team are well versed.
"There is a major issue for potential claimants who are less well off - only limited Legal Aid is available for medical negligence, but there are so many strings attached as to often make it unattractive; you have to exhaust complaints procedures, there are financial eligibility issues and the claimant may be asked to make significant financial contributions.

"Unless cases are cut and dried, they can be very expensive to pursue, and few solicitors will take them on because they often need to be speculative, and often take a very long time.

"This can effectively mean limited access to justice for many - and few solicitors hold a legal aid medical negligence franchise.

"From a solicitor's perspective, it has to be said that an influencing factor is that medical negligence clients are often extremely challenging to deal with as they get understandably emotional as they place a lot of trust in the NHS - and when that is breached they feel very bitter. Also, they know that the next time they are sick they have to go back to the same hospital and put themselves at the same risk. All very emotive.

"This also sometimes puts them off bringing a claim as they don't want to feel that the claim may be held against them in the form of continued poor treatment.
Given that nothing can be more precious than your health many don't feel they can take the gamble, especially if they have a chronic or serious condition.

"The negligence could be medical or nursing, or failure to treat, or even an administrative issue such as lost notes.

"Litigation is a long-winded process at the best of times but the NHS Litigation Authority (NHSLA) doesn't help. Many claims are defended very robustly on public policy or cost-saving grounds, which adds insult to injury in the eyes of the aggrieved and increases their perception that the medical authorities and management all club together to hide or resist the truth."

SAS Daniels LLP is Cheshire's biggest law firm, with offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

Source
SAS Daniels LLP

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