Will making a clinical negligence claim affect my ongoing NHS treatment?

This is a question which clients often have. In short, making a complaint or pursuing a clinical negligence claim should not affect your ongoing NHS care.

It is however a worry for many people when considering whether to bring a claim of clinical negligence, (often against their local hospital or current GP), and it is a very understandable concern.

We are also never surprised when a client expresses the real concern of bringing a claim against the publicly funded NHS.

These are both entirely valid concerns, and we are here as expert clinical negligence solicitors to try and alleviate any such concerns you may have and to make you aware that even the NHS themselves hold a ‘claimant / patient first’ approach when managing claims.

Will my NHS care continue if I bring a claim? 

Whether you raise a complaint or bring a formal claim, this should not affect your ongoing NHS treatment. You are still very much entitled to access NHS care based on clinical need, and the care you receive should always be provided both fairly and respectfully.

NHS Resolution’s approach to clinical negligence claims 

NHS clinical negligence claims are handled by NHS Resolution, the organisation responsible for resolving claims fairly on behalf of the NHS. Its approach focuses on fair and timely resolution; and where a Claimant’s claim is justified, their aim is to resolve matters swiftly and without unnecessary court involvement.

This is a patient first approach, and very much an approach we here at Battens champion.

Why clinical negligence claims are sometimes necessary

The relationship between providing healthcare and litigation is not new.  We know that, as in many other professions, mistakes do unfortunately happen. Where these mistakes lead to injury or loss to a patient, which they otherwise would have avoided, then there is an entitlement to seek compensation.

When dealing with claims of clinical negligence, the impact suffered by a patient can often be life changing, and quite rightly the NHS and the professionals that work within it, do not seek to unjustly oppose any such claims. In fact, we often find that it is those that have been treating an injured patient who first recommend the claims process.

Can making a claim affect my relationship with my clinician? 

From our experience, whilst medical professionals do find the claims process frustrating, this is frequently due to the adversarial nature of it. They very often accept the need for both accountability and learning, which is a further key strategic priority for NHS Resolution. Their aim is to collect relevant data and insights to learn from claims and with a view to support safe and compassionate care going forward. 

Therefore, whilst we cannot guarantee that bringing a claim will not impact upon a personal relationship with a particular clinician – we are all human after all – most clinicians will remain entirely professional.

What can I do if I feel uncomfortable about my ongoing care? 

If having brought a claim you do have concerns regarding your ongoing care, then there are steps you can take to help. These include:

1. keep ongoing treatment and litigation communications separate;
2. request reasonable adjustments to your care;
3. ask for clarification on any treatment decisions if you are unsure; and
4. if necessary, request a second opinion or a transfer of care.

However, in our experience the mere step of bringing a claim will not impact upon your future and ongoing care.

How are NHS clinical negligence claims usually handled? 

The vast majority of medical professionals are understanding of the challenges of an injured patient. Whilst raising concerns as to the standard of the care provided can initially be concerning for those medical professionals involved, once matters progress beyond the initial stages their involvement in any claim will reduce and will often cease completely.

The day to day running of a claim will often be handled by the legal teams only, and with little involvement from your actual treating medical professionals. Yes, they will likely be asked for their input at the beginning, and they may also be asked to provide a statement during the course of the Defendant’s investigations, but with less than 1% of cases ever going to a final Trial, any further involvement beyond that is rare.

Why clinical negligence claims can help improve patient safety 

Finally, we are never surprised when a patient or patient’s family advises that a key driver behind raising a complaint and bringing a claim, is to ensure that what has happened to them does not happen to anyone else.

This admirable desire is also very much at the forefront of the strategic aims of the NHS when dealing with claims of clinical negligence. As above, medical professionals are aware of the key learning outcomes from the claims process, and this is seen by NHS Resolution’s Safety and Learning service, which actively shares learning across the NHS and aims to improve patient safety, reduce harm, and support staff.

Bringing a claim is therefore not only about compensation, but also about not repeating past mistakes. This is therefore further justification for raising any concerns formally.

Speak to Battens’ clinical negligence specialists 

At Battens Solicitors we understand the concerns people may have about bringing a claim against the NHS.   However, we know from our years of experience that the process should always be ‘patient first’, and with the patient at the forefront, ongoing patient care will not be compromised.

We have the necessary experience to advise you and alleviate any concerns you may have. Reach out today to discuss further with our experienced clinical negligence specialists.