I completely understand how you feel. Although I've spent many years helping people bring claims against doctors, nurses, and hospitals, when I was in the position of a client myself, I was filled with fear and anxiety. The thought of pursuing a legal claim made me feel vulnerable, overwhelmed, and uncertain.
My experience of bringing a medical negligence claim
Without going into the details of my own case (I'll save that for another blog), I can tell you that it was a deeply distressing experience. My elderly mother had received poor treatment, and I felt something had to be done about it. But the idea of challenging medical professionals, people I had trusted, felt like an enormous and daunting task. I also knew that because I was so emotionally involved, I would have trouble making rational decisions. So, I turned to a colleague to handle the case on my behalf.
Even just recounting the events to my colleague was incredibly stressful, and the financial and emotional toll of what the proceedings might involve weighed heavily on me. I remember feeling terrified about the consequences, both in terms of the potential cost and how it might affect my relationship with healthcare providers in the future.
I remember how difficult it was to even talk about my case, and the dread of receiving "official" letters. Even though my colleague was handling things, I was consumed by worry and uncertainty about the case.
Is the stress of bringing a claim recognised?
I was reminded of this recently when a friend sought my advice about a potential claim, and it reminded me of the psychological toll the process can take. I decided to revisit whether anything had changed since I last looked at the issue of whether any research had been carried out into the stress and worry experienced by people bringing legal claims, particularly in cases of medical negligence.
There are other articles discussing the stress of a pursuing a claim but still no research and, as far as I can see, no thought to how this might be compensated in the final settlement of the case.
When you've been let down by professionals who were supposed to help you, the last thing you want is to face more stress during the legal process. Unfortunately, the stress of pursuing a claim itself is not something that is compensated. If your injury causes psychological harm, such as stress or anxiety, due to the treatment you received, that can be taken into account in the claim. But the stress of the legal process itself is not currently recognised or compensated.
What help I would have needed
What I needed in this situation wasn’t just technical legal knowledge but someone who listened and understood, someone who was empathic and acknowledged my fears and concerns and made me feel safe and supported.
What I needed to know was:
- How will you truly understand the emotional and psychological impact of what I’ve gone through and am still going through?
- Will you take my concerns seriously and represent them to the doctor or hospital?
- Will I face difficulties in the future when I need treatment again?
- Once I felt that my worries were being taken seriously, I could start asking more practical questions like:
- How long will this process take?
- Will I be left with a bill at the end of this?
- What’s the likelihood that the compensation will be worth it, and is it worth pursuing?
How we can help
I know my clients feel anxious and concerned when I contact them about their cases. I always reassure them that I will handle the worries for them, but I also know they feel relieved when the case is finally concluded.
I wouldn’t want to dissuade you from bringing a claim but I do want to be honest about the emotional challenges you might face. The key to reducing this stress is to find the right lawyer—someone you trust, who will listen to you without judgment and support you throughout the process. With the right person by your side, you can feel more confident that you won’t have to navigate this journey alone.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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The information published across our Knowledge Base is correct at the time of going to press.
