Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on February 8th, 2018
Sadly, it’s a fact that medical treatment does not always go to plan. Substandard treatment can lead to patients suffering needless injuries and in some cases, leaving them with new needs that must be met.
For some an apology and an explanation will suffice, others may wish to seek financial compensation for the mistakes that were made.
For those seeking financial compensation, our medical negligence team do all that they can to ensure that the maximum amount of compensation is achieved.
If the negligent care was provided by an NHS hospital, then it is the NHS that will stand as the defendant.
In such cases, the NHS is usually represented by NHS Resolution, formerly known as NHS Litigation Authority (NHSLA).
However, one alternative to litigation is mediation.
Mediation was initially proposed and trialled in 2014 and now NHS Resolution has set up three bodies to provide independent mediation of healthcare claims.
Mediation is another form of dispute resolution. It is carried out by a mediator (usually an independent third party). Their role is to listen to both sides of the dispute, identify the issues that both parties have and ultimately find an agreement that both parties can agree to.
The mediation process is a confidential one and can afford a level of flexibility that other forms of litigation may not. The process can take anywhere between a few hours to a number of days depending on what each party wants to achieve, and it can take place at any point during a claim, including before court proceedings are issued.
One of the key benefits of including a mediator is the fact that they encourage dialogue between the parties involved in a case, wherein other forms of litigation they may have broken down.
They identify the issues that really matter to each side and take an ‘all round’ approach to facilitate the needs and wishes of both parties involved in a claim.
As aforementioned, the process is completely confidential and the parties can speak to the mediator individually or collectively. They may also disclose particular documents during the mediation process.
Should the mediator be successful and both parties reach an agreement, said agreement will also remain confidential and will be legally binding once both parties have signed it.
In any medical negligence claim, it is unlikely that either party will want to go through the stress and expense of litigation or a trial.
Mediation offers a comparatively quick and fair resolution and can be an attractive way to resolve a claim whilst also offering a resolution without solely focusing on compensation.
Whether mediation is suitable or not for your claim depends on what you hope to achieve through the mediation process.
If you are simply looking for an explanation or an apology for the negligent clinical treatment, then the meditation process could prove very effective. However, if you also want to seek financial compensation, mediation can also prove effective, however, you should also ensure that you seek legal advice to ensure that any agreement struck is fair and the outcome is the one that you are happy to accept.
The key focus of any mediator is to ensure that both parties reach an agreement that they are happy with, however without legal representation, a patient could be at a disadvantage and be left without the resolution they’d hoped for and without any other avenues to explore as the agreement is binding once it is signed.
NHS Resolution may offer mediation at any point during a claim against the NHS. Because this may be a possibility, a patient should always seek expert evidence before they enter into mediation in order to fully understand the extent of an injury and whether it is likely to get worse in the future.
Patients also have the right to enter into mediation with their own solicitor present to ensure that they are on an equal footing with the NHS.
Thorneycroft clinical negligence solicitors can help you secure the compensation you deserve as quickly as possible. A member of our specialist team will be available to advise you through each step of the claim’s process including mediation if that is an avenue that you agree to.
In every clinical negligence, we assist with, we work with the most experienced medical experts, ensuring their involvement from the outset of the claim to offer advice and guidance.
If you would like to pursue a clinical negligence claim and would like to speak to a member of our team to discuss your case you can contact us for free by calling 0800 1979 345 or completing our online enquiry form.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×