Waiting for private mesh treatment – what can you do?

Problems

Can you do anything about waiting for private mesh treatment or NHS treatment? You may be able to do so, and we may be able to help you.

As part of a claim for vaginal mesh compensation, in some cases, we may be able to obtain private treatment as part of a case. We may also be able to get the Defendant to pay for it, or at least get a part-payment from them before the case settles to pay for it.

Here is some information about when we may be able to do this and the basis on which we can try to achieve it.

Can you avoid waiting for private mesh treatment?

Private options for treatment for complications in respect of vaginal mesh implants is one of the ways in which a quicker resolution can be forthcoming. People really should not expect to be waiting for private mesh treatment, but there have been cases where waiting times can be long.

For example, it was recently reported that some of the thousands of Scottish women who have been offered private treatment in the US may face waits of up to two years. Unfortunately, we cannot assist or advise for cases in Scotland as the legal jurisdiction is separate to that of England and Wales, so we reference this for example purposes only.

But if you are waiting for private mesh treatment or NHS treatment in England and Wales, this is where we may be able to help. If you are waiting whilst under the care of the NHS and are being referred for NHS or NHS-referred and funded private treatment, a claim for compensation could help.

How a claim for pelvic mesh compensation may help

You may be able to reduce the time for waiting for private mesh treatment through a claim for vaginal mesh compensation. To be as upfront with you as possible, there are no guarantees, and pelvic mesh legal cases can be hard to win. But in cases where negligence has been accepted or established, this is where private treatment could possibly be expedited.

Here is how this can work:

If liability for negligence is admitted, it is generally expected that a patient will be receiving compensation. When they receive it could be down to when all the evidence is finalised, and sometimes we need to wait for the prognosis period to move on as far as it can before we settle the case. But prior to the case being settled, you may be able to request that the Defendant in the matter assist with private treatment if it is needed. This could be on the basis that it may help to reduce your suffering, and both you as a Claimant and the Defendant have a duty to mitigate your losses, which means keeping your suffering to a minimum. If private treatment sooner will help, the Defendant ought to have no issue paying for it.

After all, if they let your suffering prolong, this could increase the amount they owe you in compensation, so it can be in their interests to pay for private treatment. In addition, they may only have to pay you the amounts when the case settles anyway, so there should be no issue in paying it to you when you need it rather than waiting until the case is over. If there is any attempt to prevent this, we may be able to apply to the court for an order to be made to issue you with an interim payment as a part-payment early to help as well.

Again, we must stress that this cannot always be achievable in every case. Being able to do this can depend on a number of factors, but we will always do all we can to help our clients.

Speak to us today for confidential advice

Our expert legal team is happy to provide you with free, no-obligation advice about pursuing a claim for pelvic mesh compensation.

For eligible clients, we are able to offer No Win, No Fee legal representation.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

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