Waiting times during Covid-19
Posted in Medical Negligence on 2nd Feb 2021
Can I still claim for a delayed surgery?
Covid-19 has caused a lot of disruption to both our everyday lives, as well as to hospitals. That means that a lot of treatments might have been postponed, delayed or cancelled as a result.
The general guide to NHS waiting times in England has not changed throughout the pandemic. It is still suggested that the maximum waiting time, for instance, for non-urgent referrals is 18 weeks, whereas for cancer patients the waiting time remains 2 weeks from the day the appointment is booked through the NHS e-Referral...
Causation and the Claimant’s natural disadvantage
Posted in Medical Negligence on 21st Jan 2021
What a claimant must prove
In a claim for clinical negligence, a Claimant must broadly prove two things. First that an error has occurred in their treatment. Second, the Claimant must prove that the error has caused them to suffer a loss i.e. a physical and/or psychological injury. This is known as Causation and is often a difficult hurdle in clinical negligence claims.
To prove the second limb of this test, that an error has caused the Claimant loss, the Claimant must prove on the balance of probabilities what would have happened but for the negligence...
The Effect of Covid-19 on Clinical Negligence...
Posted in Medical Negligence on 15th Jan 2021
What is the impact on compensation claims for medical negligence?
It goes without saying that Covid-19 has had a significant impact on all aspects of life, but in particular on those requiring medical treatment for conditions other than Covid-19.
During each lockdown, the rise in the number of people requiring hospital treatment for Covid-19 has meant that those waiting for treatment for other conditions are pushed back.
Numbers waiting for hospital treatment have hit a record high. Almost 4.5million were waiting for treatment in England at the...
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