Institutional Abuse

Whether it is the NHS or private healthcare, medical professionals owe a duty of care towards a patient to prevent any abuse towards them. Some red flags can include:

• Lack of adequate physical care (such as lack of washing)
• Insufficient staffing leading to poor/lack of care
• Lack of dignity and respect
• Withholding care or medication
• In more extreme cases – emotional, physical and sexual abuse

If you or a loved one have suffered institutional abuse, it is important that the first thing you do is report this to the police. Abuse of any nature is criminal and needs to be investigated by the appropriate authorities.

As soon as the police have been made aware of the situation they will investigate and use their powers to put and end to the abuse.

You may also be entitled to seek compensation for the pain and suffering you have endured, further you may be able to claim for costs of undergoing appropriate treatment to aid your recovery from the horrendous ordeal you or a loved one have been through.

If you feel that you or a loved one has suffered institutional abuse, you may be entitled to bring about a claim.

Please contact one of our dedicated members of the team on 0113 200 9720, who will listen sympathetically to you and talk you through the claims process.

If you would prefer to reach out via email, please contact Carol Cook, the head of the department on c.cook@oakwoodsolicitors.co.uk.

The team at Oakwood Solicitors will be able to give you confidential, no obligation, advice on the prospects of your case and whether you would be eligible to make a claim.

The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed away.

In such circumstances, a claim can be brought on their behalf either by an appropriate person or a friend if the victim is still with us. If the victim has passed away it can be brought by the executor of the estate or a surviving dependent if the victim.

Our specialist team will be able to discuss whether you have a right to bring about a claim – so if you or a loved one have been affected, do not hesitate to contact us.

Claims of this nature are subject to a three year limitation period. This means claims must be commenced within the Courts in three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex – our specialist team will be able to advise further.

Given the complexities involved in pursuing a Clinical Negligence claim, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset, given the complexities involved. However, we will pursue two forms of compensation for you:

• General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – An award for all of your out-of-pocket expenses, such as travel, medication costs, loss of earnings, and treatment costs both past and future. This list is not exhaustive and is very case-specific.

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction will be taken from your damages to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.

If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and aim to allow the claims procedure to be as transparent as possible.

For example cases and settlements that we’ve successfully handled, read this article.