Clinical Negligence During the Pandemic - Should You Claim?

Clinical Negligence During the Pandemic - Should You Claim?

Many people will understandably be unsure whether to make a clinical negligence claim against the NHS, particularly given the strain they are facing with the current pandemic. There is no doubt the NHS are facing a great challenge and we recognise the amazing work that they do. This should not mean those who have been the victim of clinical negligence should not be compensated. The NHS are insured for such claims as they recognise mistakes do happen. Claims are not brought lightly and we consider each case carefully to determine the level of injury and whether it warrants compensation. It is important those affected by clinical negligence, such as those unable to continue working, are able to achieve the care they need.

 

With the Coronavirus Act being introduced this year, there have been concerns that the act provides blanket immunity for doctors, nurses and other medical staff to prevent claimants being able to bring clinical negligence claims during this period. This would mean those victim of such a claim would be left without remedy for the substandard treatment received. 

 

In fact this is not the case. What the act does is extends immunity to those staff who are called to assist outside their usual duties. In other words if any claim is brought against a nurse, for example, while they are undertaking duties outside their normal remit, the government will indemnify that person for the claim . The act does not prevent claimants from making a claim. Therefore if you have been the victim of negligent treatment you may still be able to bring a claim for compensation. 

 

If you feel you are a victim of clinical negligence, please contact our experienced team on 0161 665 3502 to discuss taking the matter forward.

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