The current pandemic has resulted in an overstretched NHS that is struggling to keep up with routine patients.
A further delay has been seen by patients being referred by their GPs. This has been noted by the watchdog as a ‘crisis of access’.
BBC News reports that people are now suffering with long delays and urgent referrals are being neglected and missed. The long delays are having a detriments impact to some people’s health and wellbeing.
Recent figures show that in August 2020 7,982 people had to wait more than 12 house in urgent care departments which equates to 20% of the Welsh population now being on a waiting list for treatment. The BBC report that overall in Wales 62% of people started their cancer treatment within 62 days of cancer being suspected.
This means that there are a large number of patients who required urgent treatment are goes untreated for a large length of time.
Joseph Hilton from our Medical Negligence team states:
“I am in contact with clients on a daily basis who have suffered as a result of the delays. I understand the pressures of the NHS and the fantastic work they have done and continue to do during this pandemic. However, it is disheartening to know that there are so many people out there who are continuing to suffer and often unnecessarily.
“The delays are getting worse periodically and to me this is unjustified. We have been in a pandemic for some time now and we are all informed we are past the peak, whilst delays within the NHS seem to rise. Things need to drastically change; we have been living this pandemic for some time now and it is concerning that these issues haven’t been addressed beforehand.
“I am eager and willing to speak to anyone who has suffered as a result of delays and will help in any way I possibly can.”
Issues caused by delays in treatment
The delays that patients are facing often have the following consequences:
- Increased pain
- Infections and repeat infections
- Development a new illness
- Spread of the existing illness
- Complication in the surgery
- Increased risks in surgeries
- Possible reduction to your life expectancy
If you have suffered as a result of these delays then you may have a possible clinical negligence claim.
Do I have a claim?
To bring a claim in medical negligence, you must prove the following two things:
- That a medical professional breached their duty of care to you. This could be through the delay in treatment or a failure to refer you to another medical professional or department.
- That this breach caused you significant harm, additional to what you would have suffered in any event. In cases of delayed treatment, this could be a year of pain and suffering with no treatment or support offered by medical professionals. In more serious cases this could lead to a failure of diagnosis, further surgeries or even death.
How do I make a claim?
You may be entitled to compensation if you feel that there has been a delay in your treatment or a delay in your referral.
The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and advise on whether you would be eligible to make a claim.
How long will my case take to run?
Given the complexities involved in pursuing Clinical Negligence claims, 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.
How much is my claim worth?
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:
Firstly, we will pursue compensation known as general damages. This is an award of money for the pain and suffering you have endured as a result of the negligence.
Secondly, we will pursue compensation known as special damages. This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings or treatment costs both past and future. This list is not exhaustive and is very case-specific.
Why choose Oakwood Solicitors Ltd to make your medical negligence case?
We have a dedicated team of solicitors and paralegals who have many years of experience running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.
We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon (medical terms that they don’t understand), and to allow the claims procedure to be as transparent as possible.
The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.
Further reading
For more information about delayed diagnosis, see our resource on Medical Misdiagnosis or Delay.
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation with our Medical Negligence team. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.
The current pandemic has resulted in an overstretched NHS that is struggling to keep up with routine patients. A further delay has been seen by patients being referred by their GPs. This has been noted by the watchdog as a ‘crisis of access’. BBC News reports that people are now suffering with long delays…
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