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The above question is one that understandably concerns people who are considering bringing a medical negligence claim. This type of legal claim can take a long time to resolve. Although not always the case, it is not uncommon for cases to take several years to conclude. Some patients will require continuing medical care or treatment during this time.
The simple answer to the question is that making a claim for clinical negligence should not impact your ongoing treatment – there can be no discrimination against those who are bringing such claims.
The relationship of trust is important between doctor and patient and it is understandable that this can break down in some circumstances where a claim is being made. If you do not wish to continue to see a particular doctor or medical practitioner, against whom you are making allegations of negligence, then you can ask for your care to be transferred to another department or doctor within the treating hospital – subject to any relevant issues with the particular treatment.
Changing Hospitals
If you want to move hospital, as opposed to simply seeing a different doctor or practitioner within your current treating hospital, then there can be multiple issues to consider. These may include whether your treating hospital specialises in the area of treatment you require as well as the hospital’s location. Ultimately, it is a decision for you to make based on your individual circumstances.
Do I need to change my GP surgery?
The same rules apply to GPs as to any other doctor. A patient bringing a clinical negligence claim against their GP, the surgery or a member of staff, should not be asked to go elsewhere. However, you can, of course, change surgeries if you want to. Another option is to ask to see a different GP within your current surgery.
Kingsley Napley’s James Bell, Head of Clinical Negligence, discusses this particular issue with practicing GP and medico-legal expert Dr James Jarvie in a recent episode of our podcast – KN talks. They discuss the probability that patients may actually get a better service within their current surgery since the doctors there will be especially concerned about what has happened. The podcast, including insights on other topics surrounding legal claims against GP claims, can be found here.
What about private care?
Some patients bringing claims against the NHS will want to have private treatment going forward and issues to consider include costs and quality of care.
Private treatments can often be claimed as part of clinical negligence compensation but the extent of this is an area where a specialist medical solicitor will need to advise.
If you need treatment now then awaiting the outcome of a claim to pay for private care may not be the best route.
In some cases, it is possible to obtain an interim payment from the Defendant to allow private treatment to begin. Generally, expert evidence must be obtained to show that the treatment is necessary. Again, this is something a solicitor will advise upon fully. It is important to instruct a solicitor with significant experience of medical negligence claims. At Kingsley Napley, our specialist team are highly experienced in obtaining early interim payments where possible for our clients. James Bell has written about some of the legal issues surrounding obtaining early funds for treatment in greater detail here.
What if my treatment is affected in some way because I have complained?
Should you feel that your treatment is compromised by the fact that you have made a complaint or claim then this should be raised with the hospital, clinic or GP surgery. If you are in the process of making a claim this is also a matter you can discuss with your solicitor who should provide support and advice throughout.
Whatever your circumstances, you must not be dissuaded from making a claim over concerns that your treatment will be affected.
There is further information about how to bring a medical negligence claim on our website.
If you are concerned about the medical treatment that you or a member of your family has received, please contact our friendly and sensitive team for a no obligation discussion.
Medical Negligence and Personal Injury Team
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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