Negative preconceptions of medical negligence claims
What do you think when you read a story about a person recovering compensation for an injury caused by medical negligence?
Do you think it is reasonable for someone to recover damages for their injury or do you think of it as another example of a developing compensation culture and we shouldn’t be bringing claims against healthcare professionals?
It is fair to say that claims for personal injury, particularly medical negligence claims, are vastly misunderstood.
We are all acutely aware of the pressure that the NHS and NHS staff are under. However, that does not mean that there should not be a system of redress to deal with situations where errors and mistakes are made. Just as with any profession, learning lessons when things go wrong is vital to avoiding future issues.
With the myths and preconceptions that can come with personal injury and medical negligence claims, it can have a negative impact and discourage people with genuine claims from coming forward. Instead, they struggle with injuries that were never their fault, rather than explore the possibility of obtaining help and support to recover.
Over recent years, the Government has embarked on a process of law reform that has sought to focus on the amount of compensation and legal costs involved in personal injury claims, rather than the injuries people have suffered, and the people and families behind the claims.
The reality is that those who choose to pursue a claim are likely to be just like you. A decent and hardworking person who has suffered an injury, through no fault of their own, which has impacted their entire life, and who is just trying to get their life back to some kind of normality. They have likely gone through the whole process of questioning whether they could or should pursue a claim, but ultimately have had to make the decision to fight for their right to have a voice.
The myth of a compensation culture
We’ve all heard it, in fact, we’ve probably all said it: “We live in a compensation culture”. In reality, this concept appears to be more of a myth due to the fact that the number of compensation claims has actually reduced in recent years.
At Nelsons, our Medical Negligence team has a rigorous assessment process when it comes to potential compensation claims. We only take on cases we believe have viable prospects of success, as do all specialist medical negligence law firms.
The fact is that there is very little chance that a claim that has no grounds or basis will ever get past the point of an initial conversation with a medical negligence lawyer.
Whilst this doesn’t mean that every claim succeeds, it does mean that only those with real prospects get through the door and are investigated. Claims will only succeed if it can be proven that there was negligent treatment, that fell below the standard to be expected of a reasonably competent healthcare professional, and that the negligent treatment caused avoidable injury.
The person or family behind the claim
It is perhaps all too easy to consider personal injury claims and medical negligence claims as part of a “compensation culture” and to judge those who consider pursuing a claim, without giving it a second thought.
That is, of course, unless you are, or someone you love is, the person injured as a result of negligence.
When a person goes into hospital for a routine operation, they will typically envisage that the surgery will be over in a matter of hours and they will be able to return to normal life and back to work within a few weeks of recovery.
However, as a result of negligent medical treatment during the routine surgery, that person could end up having to stay in hospital for weeks. Their loved ones may have to take time off work to travel to visit them and will have to cope with daily life without them. The injured person’s recovery could be significantly prolonged, and they might not be able to return to work as planned. In some cases, the negligent medical treatment could result in the person never being able to do their job again due to their health. They may require ongoing support just to carry out the usual tasks of daily life, such as washing or dressing. Their partner may have to give up work to care for them.
This is not what the person asked for and it isn’t their fault. That person may ask themself:
- Who is going to pay the bills now I can’t work?
- Who is going to pay for the care I need on a daily basis?
- Who is going to pay for the treatment I need?
If this happened to you, would you not consider exploring a claim to compensate you not only for the injury you suffered, but for the consequences of that injury, which are going to impact you for the rest of your life? Unless you have been through it, it is hard to contemplate.
The importance of the personal injury system
Those who have personally been through an injury caused by negligence, or supported someone who has, will know first-hand the importance of the personal injury system which works to give the injured party a voice and help them towards recovery with the support of an experienced legal team.
Those who suffer an injury caused by negligence have the right to try to rebuild their lives, and the claims system tries to put the Claimant back into the position they would have been in had the negligence not occurred in the first place.
We believe that the focus needs to shift. There needs to be a greater understanding of the person behind the claim. We need to remember that the Claimant in these claims was an innocent person who did not ask to be injured. They are not to blame for what has happened, but they need to try to rebuild their lives and make their future a priority.
Key to this is remembering that if a person recovers compensation for an injury caused by negligence, it isn’t a windfall. Rather, it is money that will be used to help that person recover from their injury, or potentially, to help them manage and cope with injuries that will never recover.
The reports you see in the news often focus on high-value claims where a large amount of compensation is recovered. Invariably, where a large sum of compensation has been awarded it will indicate there have been catastrophic, life-changing injuries linked to substantial ongoing problems and the compensation will be used to support that person for the rest of their life.
This can be:
- Paying for lifelong 24-hour care; and/or
- Covering loss of earnings where injury has resulted in an inability to work again or inability to work to the same level as before; and/or
- The cost of adaptations to the person’s home or a completely new property that is fit for purpose; and/or
- The cost of an adapted vehicle; and/or
- The cost of future treatment; and
- So the list goes on, and on, and on.
None of those things would have been required had the negligence not occurred and it should not be down to the innocent injured person to have to fund these things themselves.
Such are the myths and misconceptions at this stage, that there is a long way to go before perceptions move in another direction, but it is important that we continue to raise awareness and talk about personal injury and medical negligence.
If you think you might have a claim, you need to speak to specialist legal professionals who will consider and advise you further.
How can Nelsons help?
Danielle Young is a Legal Director in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500.
If you have any questions about the subjects discussed in this article, please contact Danielle or another team member in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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