Maxwell Gillott Solicitors
HEALTH - Clinical Negligence
When we need to see the doctor or to be treated in hospital, we can be confident that the professionals to whom we entrust our care will look after us well. Very occasionally however, human error comes into play and something goes wrong. An important factor may be overlooked with the result that a diagnosis is missed or delayed. There might be unexpected complications following an operation. A treatment regime may prove to be incorrect. In the field of obstetrics, there may be a failure promptly to spot signs of foetal distress during labour.
If someone suffers physical injury as a result of a medical accident, whether under NHS or private care, what can be done? The patient is likely to want an explanation and an apology and these can be sought from the treating doctor. There are complaints systems in the NHS which can be followed up. When an injury caused by a medical accident has substantial or even permanent adverse effects, with a need for extra care or a loss of earnings, it may be important to seek financial compensation to help with day to day support and to ensure long term security. Specialist legal advice is essential in this area.
We can advise on your rights and on how a claim for compensation can be pursued and funded. We can investigate your case and pursue legal action on your behalf.
Parents of children injured through medical accident will be able to take advantage of Maxwell Gillott’s holistic approach to the needs of disabled children by virtue of our expertise in education and community care law, to ensure that a child’s educational and community care needs are properly met.
HEALTH - Medical Law and Entitlement to Treatment
The Human Rights Act 1998 brings The European Convention on Human Rights into the law of England and Wales. The Convention has wide application, including in the field of medical treatment.
The Convention Rights include:
Article 2 – protects the right to life and may be relevant where treatment is refused or where withdrawal of treatment or feeding is advised.
Article 3 – prohibits, among other things degrading treatment which might include experimental treatment without proper consent, or a failure to provide proper treatment to people in detention or institutional care.
Article 8 - requires that private and family life are respected. This includes a right to respect for bodily integrity and has been held to be relevant to delays in treating a patient. The Article is also relevant to the privacy of medical records and possibly to the right of a patient to receive information about his or her condition.
Article 14 - prohibits discrimination and would be relevant in any case in which treatment was refused on grounds of age or disability.
If a patient is denied access to treatment, a legal challenge may be possible. This is a complex field of law involving issues of fundamental importance for patients and their families. We can advise on the patient’s rights and on the options for legal action, and we can conduct such action if appropriate