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At the moment it is extremely difficult for a medical negligence solicitor to secure compensation for any client who suffered negligent or substandard or negligent medical care in the UK prior to the 1948 inception of the NHS.
However, in 2009 it became apparent that this situation might change after a 73-year-old pensioner submitted a petition to Scottish Parliament calling for the government to set up a compensation fund for victims of pre-1948 health service negligence.
The petition states: "Scottish Parliament to compel the Scottish Government to establish a discretionary compensation scheme to provide redress to persons who suffered injury due to negligent medical treatment prior to the establishment of the NHS."
Medical negligence solicitors have speculated that if the petitioners are successful in convincing the government to create such a fund, it may open up the possibility of civil redress to a small but significant group of deserving claimants.
The man who is launching the petition certainly hopes so, saying, "I am hoping that if this succeeds it might help others who have the same problem. People make mistakes and things can go wrong, but I am seeking a duty of care and responsibility for the damage that was done. "Just because it was pre-1948 shouldn't mean anything. There ought to be a moral obligation for me to receive some help."
Leading solicitors for medical negligence claims
The medical negligence solicitors on YouClaim's panel have the expertise, experience, determination and resources to get claimants the outcomes they deserve.
We have been operating for many years and only appoint specialists from firms governed by the Solicitors Regulation Authority, with many also possessing membership of the Clinical Negligence Scheme.
We have specialist experience across the full spectrum of clinical negligence litigation, including claims for misdiagnosis, Erb's Palsy and botched surgery.
We work nationwide and can always come to you, where necessary.
Owing to the complexity of this type of litigation, some costs are usually unavoidable; however, we always explain them in advance while also ensuring they are kept to a minimum.
Our 100% compensation guarantee is our assurance to you that we will never take a cut of any settlement awarded you.
If you would like to consult an advisor, echat, complete an online claim form, or call us now, on 0800 10 757 95.
