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Can I make a claim against a private medical professional?

Many people each year choose to receive their required medical treatment through private practices rather than through the NHS. Often they are motivated to do so in order to minimise waiting times and enjoy more comfortable rooms and elevated levels of aftercare treatment. When medical negligence occurs, it does not matter whether the responsible practitioner was private or NHS, the victim is still legally entitled to make a claim for compensation.

In many ways, making a compensation claim against the NHS or a private healthcare provider is a similar process. However, there are some key differences, which includes the following:

  • In private healthcare, patients will normally sign a contract with the healthcare provider and this contract may form the foundation of a claim as breaches can readily be addressed.
  • When treatments or procedures have been ‘sold’ to a patient, it is more likely to be a complex undertaking to demonstrate that the patient gave proper consent for procedures to go ahead. Furthermore, it can be more difficult for the defendant to prove that the patient was adequately informed about the procedure and potential side effects.
  • In private healthcare claims, it is likely that more professionals will have been involved in a patient’s treatment and procedures and so it can be more difficult to determine exactly who was responsible for the neglectful care.
  • It does not matter where the patient lives in the world. If they have travelled to the UK for private health care and have be neglectfully treated, they are eligible to make a claim for compensation.

In order to recover the maximum compensation available to you, it is vital to keep records of all costs associated with your private health care and treatment. Your solicitor will strive to demonstrate the level of your suffering to secure the highest award possible.