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If you or a loved one feel you have suffered as a result of negligent treatment, your Instructing Solicitors will require your written consent to request copies of your medical records in order to discern whether there is viable evidence to pursue a medical negligence claim.

 Why are my records needed?

When investigating a potential claim, it is vital that we can show that there is evidence to support any allegations against the healthcare provider. A first point-of-call, therefore, would be looking at what is written in the medical records.

Health records are a contemporaneous note of the treatment you have received and whilst, of course, your own recollections are essential to the case, your medical records serve as an important starting point.

 How long does it take to receive records?

Requesting and receiving records can often take a considerable amount of time, however recent changes in the law around Data Protection have meant that this process has sped up significantly.

Healthcare providers aim for disclosure of copy records within 40 days following receipt of the request.

When requesting records of a deceased person under Access to Health Records Act 1990, disclosure will usually take considerably longer.

 How much will it cost?

Thanks to GDPR, making requests for copies of your medical records is now free of charge. The only exception to this, will be if specific original scans or slides are required. Any expense incurred will usually come under After-The-Event insurance cover; to discuss funding or further information in this regard, please get in contact.

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Many people do not realise that there are time limits for bringing legal actions. The time limit which applies will depend on the type of claim which is made.

 For claims involving personal injury sustained as a result of another’s acts/omissions including clinical negligence claims, the time limit is three years from the date of the alleged negligence or three years from the date when you suspect or believe or ought to have suspected/believed that you may have suffered as a result of another’s act or omission. This is called your ‘date of knowledge’.

 If a person who has suffered personal injury as the result of another’s negligence, dies within the three year limitation period, the period is extended to three years from the date of death.

 In the case of a child who has suffered injury, the three year limitation period does not start until the child’s 18th birthday.

 If a person lacks mental capacity, the three year time limit does not apply until they have regained their capacity.

 In certain circumstances it is still possible for a claim to be made outside the three year time limit. However, these cases are the exception rather than the rule.

 Graystons is a specialist clinical negligence law firm based on the Wirral. We will advise you on the time limits which apply, and if your claim is out of time, the prospect of it being allowed to proceed.

 Contact Graystons now for more information.   

 Tel: 0151 645 0055

email: enquiries@graystons.co.uk

 

 

 

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If you have a potential claim for medical negligence you want to be assured that you instruct the best clinical negligence solicitors to deal with your claim.

Clinical negligence claims are very complex and sensitive. Clients often feel that they have been badly let down by the system and feel that they need to get some answers; not just for themselves but to prevent a similar medical accident happening to someone else in the future. Medical negligence claims require a clear understanding of  liability and causation and require thorough investigation with the help of independent medical experts.

This is why we believe that it is important that medical negligence claims are investigated by experienced, specialist firms to ensure that claimants get the investigation and outcome that they deserve.

Graystons Solicitors only deal with clinical negligence claims and as such we are experienced and specialised in what we do and have done over the past nineteen years.

Graystons  are accredited by  AvMA  the charity for patient safety and justice. There is useful guidance on their website over how to chose a specialist solicitor for your clinical negligence claim which may help with your choice. https://www.avma.org.uk/help-advice/find-a-solicitor/

We  pride ourselves on the Lexcel accreditation which  is the Law Society’s legal practice quality mark for practice management and client care.

Graystons Solicitors is also a member of the Society for Clinical Injury Lawyers (SCIL) and as such campaigns to ensure that clinical negligence claims are carried out by accredited, specialist firms.

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An inquest is usually opened when a death is seemingly unnatural or the cause of death is unknown even after a post-mortem. This can include a death as a result of substandard medical treatment or a failure to provide clinical care.

The death of a loved one is often a terribly upsetting time. If a death is then investigated by a Coroner it can add to this distress.

Here at Graystons we are able to help and guide you through the inquest process if there are concerns about the medical treatment that has been received.

Many families are unaware that the time limit for bringing a clinical negligence claim starts at the date of death rather than at the end of an inquest. Therefore valuable time can be lost during the inquest process if families were to wait for the inquest to conclude before seeking legal advice.

If you are looking for help or advice regarding an inquest as you feel your loved one was let down by the medical care they received, please contact Graystons Solicitors. Our initial conversations with you will be free whilst we assess whether you have a potential claim and we will be able to advise and support you throughout the inquest as well as help with any potential claim that may arise from the investigations.

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One of the questions you may have in regards to making a claim for medical negligence is how long does a medical negligence claim take?

Making a medical negligence claim does take time, as these are invariably very complex cases and proving medical negligence is not always straightforward.

As a rough guide, if the claim is not defended, it may take somewhere between 12-18 months to reach a conclusion. If court proceedings have to be commenced, the claim may take 3-4 years. For a complex, case which is defended, or involves a serious ongoing injury or illness, the claim could take 5 years or more to conclude. The time it takes should not put you off and it is important not to delay if you think you have been injured as a result of medical negligence. At Graystons Solicitors, our specialist solicitors will support you throughout the life of the claim and ensure that you get the best result possible, whether that means compensation, access to early rehabilitation or treatment, or even an explanation or an apology from the hospital or healthcare provider concerned. Contact us now for free initial legal advice about your claim.

 

 

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Medical negligence can have a hugely disruptive effect on your life. You may not be able to work as a result of your injuries, or require care from family members, or professional carers. One important concern for victims of medical negligence is how much you can claim in compensation for your injuries.

The amount of compensation or damages that you receive will depend on many factors. No two claims are the same with many different examples of medical negligence. It is not always possible for a medical negligence compensation calculator to be completely accurate at the start of a claim. At Graystons your specialist medical negligence solicitor will thoroughly investigate the care you have received and the injuries you have suffered.

This may mean that you have to be examined by one of our carefully selected independent medical experts. With the benefit of this expertise and by giving careful consideration to medical negligence compensation guidelines, we can value your injury as well as including other financial losses you may have incurred, such as lost earnings, prescription costs and the cost of any future treatment you may require. In addition to considering compensation, at Graystons we understand that it is not always simply about the money. Most of our clients are also looking for an apology, an explanation and reassurance that the poor treatment will not be repeated.

Our specialist medical negligence solicitors can advise you about the different options available to you with the NHS complaints procedures and complaints to the professional disciplinary bodies, such as the General Medical Council (GMC) and Nursing and Midwifery Council (NMC). We are happy to consider these options with you whilst striving to get you the compensation needed to rebuild your life.