We are very conscious of the fact that in the UK we are lucky to have one of the finest health systems in the world thanks to no small part to the hard-working professional medical and support staff. Unfortunately sometimes things go badly wrong leaving you baffled and bewildered. We are here to help you put your life back together again. In practical terms we will among other things help you get rehabilitation as soon as possible, and we will help alleviate your financial worries that you may have now such as help with paying the mortgage, household bills, council tax, etc.
‘Medical negligence’ refers to situations where medical intervention in the treatment of a patient has caused harm to the patient.
Medical providers owe a duty of care to their patients. Within the National Health Service (NHS), it is the medical practitioner’s employer, normally an NHS Trust, rather than the individuals themselves which are deemed to hold this duty of care.
The Government has founded a centrally funded pool of resources to cover any successful compensation claims made against the NHS. These claims are contested on behalf of the Secretary of State by the NHS Litigation Authority (NHSLA). Any claims against GPs and other primary care professionals are dealt with by a number of medical defense organisations, and not by the NHSLA.
A growing number of medical negligence cases are reported every year. According to the NHSLA Annual Report and Accounts for 2012 there have been 14,171 claims closed, which is 13% more than 2011 and 40% higher than 2009. The average time to resolve a claim currently is under 16 months.
If you suspect you have suffered injury as a result of medical negligence contact Compensation Solicitors Online and we will help you put your life back together.
TYPES OF MEDICAL NEGLIGENCE CLAIMS
It is possible to make a claim against anyone providing service below the required professional standard of care. Some examples include:
Accident & Emergency Negligence Claims
Amputation Negligence Claims
Anaesthetic Errors Claims
Birth Injury, Pregnancy and Gynaecology Claims
Brain Injury Compensation Claims
Care Home Negligence Claims
Cerebral Palsy Claims
Cosmetic Surgery Claims
Deep Vein Thrombosis (DVT) Claims
Defective Medical Products, Drugs or Medicines Claims
Dental Negligence Claims
Elder Abuse Claims
Erb’s Palsy Claims
Eye Related Claims
Facelift Surgery Claims
Fatal Claims and Inquests
General Medical Problems Claims
GP and Community Health Negligence Claims
Hospital Acquired Infection Claims
Hospital Negligence Claims
Infection Damage Claims
Medication Prescription Negligence Claims
Mental Health Claims
Nerve Injury Claims
Pressure Sore Claims
Spinal Injury Claims
Surgery Negligence Claims
Third Degree Tears Claims
Weight Loss Surgery Claims
BIRTH INJURY DURING PREGNANCY
Pregnancy and especially being pregnant for the first time can be a very daunting experience and naturally women would put all of their faith in their doctor or midwife. If your doctor or midwife fails to treat you to the required professional standard you may be able to make a claim for compensation for medical negligence.
Some common cases where claims have been made include:
Gestational Diabetes (Gestational Diabetes Mellitus, GDM)
This is a condition where women without previously diagnosed diabetes exhibit high blood glucose levels during pregnancy (especially during the third trimester). GDM normally has few symptoms and it is most commonly diagnosed by screening during pregnancy by testing the levels of glucose in blood samples. GDM may affect between 3-10% of pregnancies.
If a baby is born to a mother with untreated GDM the baby will be at increased risk of problems such as being large for gestational age (which may cause delivery complications), low blood sugar, and jaundice. This may also lead to seizures or stillbirth. Furthermore, women with unmanaged GDM are at increased risk of developing type 2 diabetes mellitus (or even latent autoimmune diabetes or Type 1) post-pregnancy. Also women with untreated GDM have a higher incidence of pre-eclampsia and Caesarean section. The baby will be susceptible to developing childhood obesity, with type 2 diabetes later in life.
GDM is treatable through control of glucose levels which can effectively decrease these risks if GDM is correctly diagnosed and adequately treated.
If your doctor or midwife has failed to properly diagnose or treat your GDM then you may make a claim for compensation for medical negligence.
Pre-eclampsia is a disorder of pregnancy characterised by high blood pressure and large amounts of protein in the urine. The condition affects between 2-8% of pregnancies worldwide. Untreated pre-eclampsia can develop into eclampsia – a life-threatening occurring of seizures during pregnancy. Pre-eclampsia is associated with multiple maternal and foetal adverse effects.
Usually pre-eclampsia is diagnosed before the predicted time typical labour would begin. The only known treatment for pre-eclampsia is delivery of the foetus and placenta.
If your doctor or midwife has failed to properly diagnose or treat you for pre-eclampsia then you may make a claim for compensation for medical negligence.
Uterine Rupture and Placental Abruption
A uterine rupture is a life-threatening event for the mother and the baby. It normally occurs during labour but it may also develop during late pregnancy. Uterine rupture is managed through emergency exploratory laparotomy with caesarean delivery accompanied by fluid and blood transfusion. Delays in treatment place both the mother and the baby at significant risk.
Placental abruption is a complication which may occur during pregnancy when the placenta separates from the uterus before delivery. Placental abruption affects both the mother and foetus. Treatment will depend on the amount of blood loss and the status of the foetus. Early diagnosis is essential to ensure correct management and avoid any severe consequences to the mother and baby, as the consequences to placental abruption may even lead to the death of the foetus.
If your doctor or midwife has failed to promptly and correctly manage your uterine rupture or placental abruption then you may make a claim for compensation for medical negligence.
Wrongful Birth Cases
A poorly performed sterilisation: vasectomy or abortion could result in the birth of an unwanted child. Failed preimplantation or prenatal diagnosis could lead to the selection of an embryo or foetus that is born with undesired traits or an undesired condition. So could a failure to properly immunise or advise a woman about the risks of an activity or infection to her future child.
Therefore, there are various types of negligence that can lead to the birth of children who would now have otherwise have been born or would not have been born with particular traits or prospects.
These cases typically turn out to be more complex than regular medical negligence claims. This is caused by the sensitivity of the matter and the raising of policy and ethical issues.
In simple terms, the following types of actions are likely to be brought here:
Actions by or on behalf of the child:
Prenatal injury actions: claims brought on behalf of a child born in a damaged condition where the child alleges that s/he was injured by the negligence of another before their birth.
Wrongful life actions: a child claiming a financial award for its birth with allegedly unsatisfactory traits or prospects, in circumstances where if the alleged negligence had not occurred it would not have been conceived or born at all.
Actions by or on behalf of the parents:
Wrongful conception: the parents were deprived of the opportunity to avoid the conception or pregnancy in the first place.
Wrongful birth actions: the parents were deprived of an opportunity to avoid continuing with an existing pregnancy.
BIRTH INJURY DURING LABOUR
Giving birth, especially for the first time, can be daunting and even scary for a woman, so she puts all of her trust and confidence in the doctor’s or midwife’s hands. If they have been negligent in their care during the birth, then you may be able to make a claim for compensation.
Cerebral palsy is a term used to describe a number of neurological conditions that affect a child’s movement and coordination. It is caused by damage to the brain, which typically happens before, during or soon after birth.
Please read more about Cerebral Palsy on our designated page.
Episiotomy and Second or Third Degree Tears
Erb’s Palsy or Brachial Plexus Injuries
Forcepts Delivery or Ventouse Delivery
BIRTH INJURY AFTER THE BIRTH
It is essential that after a baby has been safely born, any conditions that it may have are promptly and correctly diagnosed in order to allow for efficient and timely treatment. If your doctor or midwife has been negligent in that they have failed to immediately diagnose a condition which your baby has, then you may be able to make a claim for compensation.
Congenital Hip Dysplasia
In simple terms, this is a step-by-step outline of how your medical negligence claim will progress:
1. Contact Compensation Solicitors Online for a free assessment of your claim. We will arrange for an initial screening of your claim with a specialist barrister and/or medical expert. If we believe that you have grounds for a claim, we will be happy to represent you on a No Win – No Fee basis (CFA).
2. You should try to collect all the evidence which proves that a medical professional is to blame for your injury.
3. You should keep a record of all your medical documents (medical bills, doctors’ appointments, prescriptions, payment receipts). This will be used to prove your medical negligence injury and any related financial losses.
4. We will then instruct a medical specialist in the field related to your injuries to examine you. The information we obtain from the expert will be used for the purpose of showing that the person who has treated you has in his/her actions fallen below the professional standard of care, i.e. if a competent doctor were in the same situation, they would not have made the mistakes which led to your injuries. Furthermore, the expert will set out in his/her report your injuries and describe what the future holds as to your recovery or continued disability. This will be relevant when calculating your compensation value.
5. We will analyse all the information and draft a letter of claim and send it to the relevant insurance company/NHS trust. This letter will outline how the team was negligent and how this caused you to suffer your injury.
6. If the negligent party admits liability, we will try to settle your claim out of court and obtain the best compensation for your injuries.
It is our priority to ensure that you get the right medical/rehabilitative treatment as quickly as possible. This can make a real difference in your life.
Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the incident/breach or date of knowledge of incident/breach, otherwise they will be time barred and you will no longer be able to pursue your claim. There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits. You can still pursue a claim for personal injury after the third anniversary of the incident: you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.
If you are a minor at the time of the accident, i.e. under 18 then the 3-year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3-years limitation date period to run from the date of knowledge of the incident. These rules normally apply to medical negligence cases where there may be a long latency period between the incident giving rise to your claim and your first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a No Win – No Fee basis (also known as a Conditional Fee Agreement).
According to the NHSLA Annual Report and Accounts for 2012, the average time to resolve a claim is under sixteen months.
There are two parts to any compensation claim, consisting of two types of damages:
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.
Special damages are the more variable part of the compensation and depend on individual circumstances. You may be able to recover:
Expenses relating to the cost of living with any disability;
Expenses to cover services provided by other people;
Increased accommodation costs;
Loss of earnings;
The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of medical negligence.
MAKE A CLAIM
If you would like to speak directly to one of our team you can either call us on 0208 203 5031 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.
WHY COMPENSATION SOLICITORS ONLINE?
Compensation Solicitors Online is a successful, well-established firm of solicitors that specialise in obtaining compensation for our clients. We are reliable and we have been running for over ten years.
We pride ourselves with frequent recommendations from our existing clients. This is due to the straightforward and professional manner in which we deal with our clients and their cases.
Moreover, our specialists in the area of Medical Negligence deal with such cases on a day-to-day basis. We possess the necessary experience and expertise to provide the best quality advice and support for you during your claim.
Contact us today and join the hundreds of satisfied clients whom we have helped in conducting their Medical Negligence and Personal Injury claims and obtaining thousands of pounds of compensation for them.