Often, making a medical negligence claim can be a worrying and stressful process. In light of April being Stress Awareness Month, Jeanette Whyman, Head of Medical Negligence, shares her own experience of making a medical negligence claim, and gives an insight into how she works closely with clients who are feeling worried.
Although I have been taking forward claims for people against doctors, nurses and hospitals for many years, when the shoe was on the other foot, and I found myself in the position of ‘client’ rather than a lawyer, I was very nervous.
I won’t go into the details of my case here (that will be a blog for another day) but, suffice to say, I was so upset about the poor treatment given to my elderly mum, that I felt something should be done about it. It’s never a good idea to act for yourself in such a situation, not least because I recognised that I was too emotionally involved and too angry and sad to make logical decisions, so I asked a colleague to take the case for me.
Going through the details of what had happened was stressful in itself, and the potential cost and effect that the proceedings may have on me weighed very heavily.
Why having a lawyer you can trust is important for a medical negligence claim?
Having been let down by one set of professionals, it is so important to have a lawyer on your side who you feel completely understands what you are going through. What is important to you may not be as important to the lawyer, but it is vital that all your worries and concerns are heard, acknowledged, and addressed and you feel confident, not only in your lawyer and the legal process, but also that you feel safe and supported.
What I would want to know is:
- Do you really understand what I have gone through and continue to go through?
- Will you represent all my concerns to the doctor/hospital?
- Will they be difficult with me next time I seek help or treatment?
Only when I feel ok about this would I ask:
- How long might this take?
- Will I be left with a bill at the end of this?
- I don’t want to go through all of this to end up with compensation that really isn’t worth bothering with – can you give me any idea about this?
Will I get more compensation for the stress of making a medical negligence claim?
The stress of making a claim against anyone is not considered or compensated presently. Psychological injury caused by the injury you have suffered, either by poor or inappropriate treatment or following an accident, can be awarded compensation. But this compensation relates to stress arising because of the original injury, not the stress of the legal claim itself.
When I was a ‘client’, I dreaded talking about the case or receiving ‘official mail’, even though it was my colleague who was involved. Equally, I know my clients get stressed when I have to contact them about their claim. I always say to my clients that I will do the worrying for them, but they are always relieved when the case is concluded.
This all sounds very daunting, and I don’t mean to put you off bringing a claim. Choosing the right lawyer from the start, someone you feel comfortable with and with whom you feel you can share your thoughts, regardless of what they are and in whom you have confidence, will go a long way to reducing the stress you feel.
If you’d like to discuss your worries, please get in touch with me today by either phone or email.
tel:01926 883068
jeanette.whyman@wrighthassall.co.uk
