Avma prides itself on advising people who have suffered avoidable harm in healthcare on how to seek the explanation, apology or compensation they deserve. However, there are some areas of law in which we do not have expertise, and where we cannot help. These are listed below (this is not an exhaustive list). If we cannot help you, we might signpost you to an organisation which can help.
We are unable to provide advice and information on the following issues:
- Welfare or social security benefits and matters relating to medical reports on these issues.
Your local Citizens Advice may be able to assist you. Details of your local service can be found on the Citizens Advice website.
Alternatively, there are online resources and information on what help and advice may be available from the charity Advicenow.
- Personal injury claims such as road traffic accidents or trips and slips (even occurring on hospital premises).
Information on bringing these claims and details of specialist solicitors are available from the Association of Personal Injury Lawyers (APIL).
- Claims relating to treatment received abroad, unless you signed the contract in the UK or the provider has a UK base.
APIL may be able to recommend a specialist solicitor to you in this situation. Visit the APIL website for more information.
- Ongoing medical treatment and issues such as Continuing Healthcare (CHC) funding, access to medical or surgical treatment.
For information on how to seek a review of CHC funding decisions, please visit the Parliamentary and Health Service Ombudsman website.
For advice on accessing treatment and second opinions, we recommend seeking advice from the Patients Association.
- Issues arising from mental health tribunals.
For advice on mental health, mental capacity, community care, human rights and discrimination/equality related to mental health issues, Mind’s legal helpline may be able to assist you.
If you need help to find a specialist solicitor, you may want to visit the Mental Health Lawyers Association website.
- Advice on your rights relating to detention or treatment under the Mental Health Act.
Except where this relates to issues of clinical judgment such as diagnostic or medication errors, or failures leading to self-harm or suicide.
- General health rights queries
For example, seeking second opinions or problems with access to medical records and correction of these, except where this relates to an incident of avoidable medical harm. You may be able to obtain some advice from the Patients Association, but please note they are not able to offer legal or medical advice.
- Direct access to medical experts and/or arranging second opinions or obtaining expert reports.
- Criminal sanctions against individual practitioners or NHS or private healthcare providers.
- Advocacy services.
Our services are normally restricted to phone-based and written advice. Apart from providing support at a limited number of inquests, we are not able to provide face-to-face advocacy services to individual patients or families. To find your local NHS complaints advocacy service, please visit Healthwatch.
- Matters concerning child protection.
You may be able to get information and advice from the Family Rights Group.
- Matters relating to issues such as housing or other legal claims such as Equality Act claims.
You may be able to get help from your local Citizens Advice or the Equality Advisory & Support Service.
- Matters relating to disputes regarding wills and probate after someone has died.
Please note:
- Applications for representation at inquest must be made using our inquest new client form, which is available on our inquests page. This section of our website also tells you when we cannot help with an inquest.
- Avma can give general advice and information about how to access your medical records, but we will not obtain those records for you.
- Avma can give general advice on how to make a complaint to a healthcare provider, whether NHS and/or private, but we are not able to draft a letter of complaint for you (see the link to advocacy services above). We may be able to suggest questions for you to ask in your letter of complaint.
- We are not able to draft legal documents or court forms for you.