The NHS currently has 6 million patients that are waiting to start routine hospital treatment. This is the highest amount of people that are waiting since records began. Sky news has recently reported the figures noting that there is a worrying 12-hour waiting time in A & E in some areas.
It is highly likely that people are now suffering with the long delays. This will be causing increased and extending pain, possible further damage and even death in some circumstances.
The NHS have reported that a record 5,025 people waited more than 12 hours at A & E in the last month and around 104,875 people waited at least 4 hours. There is some decrease in the 52 week waiting list but this still stands at 292,138 people on the waiting lists. We also recently shared an article about increased waiting lists for patients in Wales.
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.
Joseph Hilton from our Medical Negligence team states:
“It is shocking to see the figures of people that are left to wait for treatment. These may not all be life threating, and it is understood that such cases need to be dealt with first. However, 52 weeks is a long time to be in pain and it could only result in further injury. It is beyond comprehension how much pain some people may be in having to wait this long.
“It is even more devastating to know that this is happening across England and Wales. I wrote a recent article on the Welsh NHS and GP practices having comparable delays. It looks like we are not over the worst of it yet as numbers are waiting times are seemingly increasing.”
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 delay in diagnosis, visit our online resource here.
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.
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