Types of Medical Negligence Compensation Claims.
Different types of medical negligence compensation claims in the UK following sub-standard or negligent treatment.
Medical negligence can lead to life-changing consequences.
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Our team are experienced in all types of medical negligence compensation claims. We can provide you with specialist support through the claims process, to ensure that you achieve the maximum compensation to access the help and treatment you need
Types of Negligence
There are a number of ways in which medical treatment can go wrong. We have detailed below some of the common failures which we often are instructed to investigate, however this list is not exhaustive.
If you have any concerns about any aspect of the treatment or care you or a loved one has received, please do not hesitate to speak with one of our legal experts to see if it is something we can assist you with.
It is often the case that your first point of call when you feel unwell will be your GP. A GP’s role is to take steps to assess what is wrong with you and provide the necessary treatment. Often this will involve referring you to meet with a specialist Consultant for further investigations and targeted treatment.
As the role of a GP is to understand and handle a wide range of illnesses and conditions, there are a number of ways in which the care they provide can go wrong, such as:
Failing to consider serious illnesses as part of a possible diagnosis, such as cancer, and making an urgent referral to a specialist;
Making an incorrect diagnosis;
Incorrectly interpreting test results;
Poor management of conditions such as diabetes.
Surgery is, by its very nature, highly risky. When undergoing any surgical procedure, your Consultant should take the time to explain all of the benefits and potential risks. For some procedures, these may include routine risks such as infection or blood loss, however in more serious cases they can include nerve damage or death.
If your Consultant fails to warn you of a risk of a procedure which you then suffer, there may have been a failure to obtain informed consent. This would only apply if you had the option to not have the surgery, and would have exercised this option were you appropriately informed of all of the risks.
It may be, however, that you were warned of a risk but this then occurred solely because of the poor surgical technique of the Surgeon. Just because you were advised of the risk does not mean that the Surgeon cannot be liable for your injuries in this scenario.
Pregnancy & Childbirth
Appropriate management during pregnancy is crucial in order to avoid injuries at a later stage. Failing to identify and act on issues in a timely manner can result in miscarriage or stillbirth.
Injuries sustained during birth can be catastrophic for your child. It may be that critical information was not detected on earlier scans, which meant action to avoid injury was not taken, or that there were delays in delivery which meant the child suffered a period of time without oxygen.
Failures such as these can result in permanent and severe brain or skeletal injuries, meaning that the child requires a substantial amount of care and medical treatment for their entire life. Cases such as these represent some of the most complex clinical negligence cases, and it is important to instruct a lawyer who is experienced in handling these claims.
Care of the Elderly
There are a number of reasons why the elderly require different levels of care. This therefore means that there are a number of ways in which they can be let down.
It may be that there were failures to perform appropriate risk assessments, such as on admission to hospital or a care home, which meant that the correct level of support and supervision was not provided, resulting in avoidable falls and other injuries.
Alternatively, appropriate skin care regimes may not be followed, meaning that pressure sores are allowed to develop and progress. Pressure sores are very painful and slow to heal, and in some cases can be fatal. They are rarely justified and often indicate negligent care, whether in hospital, a care home or when care is provided by agency workers.
Accident and Emergency Department
When attending A&E, most injuries or illnesses will require urgent care. Conditions such as heart attacks and strokes require a rapid assessment and treatment in order to avoid severe and permanent injuries or death.
There are permitted timeframes within which conditions such as these should be responded to within A&E Departments, and failing to provide appropriate treatment within these times is rarely acceptable.
There are a large number of tests and investigations performed by hospitals and GPs, including blood tests, x-rays, cervical smears etc. Whilst these are often correctly reviewed and interpreted, this is not always the case.
These investigations are designed to diagnose injuries or illnesses at an early stage, so that treatment can be provided to prevent further injury. Failing to correctly interpret these results can lead to progression of conditions meaning more intense treatment is required at a later stage, and there may be permanent ramifications.
Most dental work undertaken is routine, however occasionally errors can occur, such as extracting the wrong tooth or failing to treat infections. Dentists may also miss opportunities to detect early signs of mouth cancer, which is then allowed to progress without treatment.
We work on a no win, no fee and a free initial consultation basis providing you the opportunity to discuss your situation and the costs of pursuing a claim without obligation. We can arrange home and hospital visits to suit your requirements.
Our specialist Personal Injury solicitors are accredited by and members of the Association of Personal Injury Lawyers (APIL) and the Law Society's Personal Injury Panel. The Firm is also a member of the Action against Medical Accidents group (AVMA) and a panel solicitor member of Headway, the brain injury association.
Obstetrics is defined as the medical specialty relating to pregnancy and childbirth, whereas gynaecology is the field dedicated to diseases and disorders of the female reproductive system. Damage and harm can also be caused to the female reproductive system in respect of negligent surgery claims.
Mistakes made during pregnancy, labour or shortly after birth can lead to babies being deprived of oxygen. This may result in brain injury such as Cerebral Palsy, a neurological condition affecting the brain and nervous system.
At FBC Manby Bowdler, we have a vast experience handling brain injury claims. Our specialist team have an excellent track record of superb outcomes for previous claimants.
Pressure Sore Cases
Nurses and Carers have a duty to ensure a proper standard of care to guarantee our safety and hopefully a good recovery. Unfortunately, sometimes the care that the NHS provides can be lacking and too often we are contacted by patients and relatives of elderly or bedbound patients who have suffered Pressures Sores, the results of which can be devastating.
Pressure Sores are considered ‘never events’ in respect of Nursing and NHS (NICE) Care Guidelines, which means in short, they should never be caused to be suffered by a patient as a result of poor nursing or care.
Optical Negligence Cases
Losing your eyesight as a result of sub-standard medical treatment is a devastating experience. Even if the loss of sight is partial this can have a massive impact on an individuals day-to-day life, and prevent you doing things you enjoy.
Should you suffer damage to your eyesight as a result of NHS or Private Care, FBC Manby Bowdler as leading medical specialists, will be able to advise you upon the treatment you received, whether you suffered harm and what future treatment is required.
Death by Negligence
There are times where the medical establishments and professionals we rely on, fail to provide the best care or treatment possible. In extreme cases, these failures can result in death.
Although we all place trust in most medical establishments and expect to receive the best possible care, some are not so fortunate. There are individuals who have suffered or are suffering due to the negligence of medical professionals. As a result, this breach in duty of care can result in illness, further injuries, or other health complications.
In extreme cases a person dies due to an error made during treatment. Often the error may not have directly caused a person’s death but could have materially contributed.
It is often a matter of principle that the family wish to make a claim for negligence to highlight to the medical practitioners the errors made and to ensure those that made the mistake learn from the claim made. However, the family may have relied heavily on the deceased for a family income and general support, and have no option but to pursue a claim for that financial loss.
What can you claim for?
Claims for fatal accidents are complex but we are here to advise you. Claims can be made for the following:
For the pain and suffering of the deceased before death
For the loss of love and affection of a family member
A fixed sum for "bereavement"
For loss of financial dependency
For funeral expenses and other financial losses
At FBC Manby Bowdler, we have a proven record of assisting families in fatal accident claims.
We all place our trust in the hands of healthcare professionals for advice or treatments. However, the reality is that mistakes can be made by GP's, surgeons and other medical practitioners when diagnosing our health conditions.
We rely on our doctors to diagnose an illness and to treat it appropriately and efficiently. However, sometimes there may be delay in making a diagnosis, which can have serious consequences for the patient. Sometimes a patient receives an incorrect diagnosis which can lead to receiving the wrong treatment, resulting in additional injury or a delay getting to the correct treatment.
Often these types of claims relate to cancer diagnosis. These are complex claims, but our dedicated team work with leading medical specialists, who will able to advise you upon the treatment you received, whether you have suffered harm and what future treatment is required.
These are the most extreme cases of misdiagnosis, where the medical practitioner makes fatal errors in their assessment of your medical conditions. Needless to say, the consequences of such errors can be catastrophic and in some cases either receiving no treatment or even the wrong treatment, can be life-threatening.
Partial Misdiagnosis can be a little more complicated. Why? in this case, the medical practitioner has delivered the correct overall diagnosis of your medical condition, but has misdiagnosed it's sub-type or severity.
Cancer Misdiagnosis Claims
Most, if not all, people in the UK will be affected by Cancer in their lifetime, either personally or with the diagnosis of a friend or loved one.
If managed and treated correctly the prospects after a Cancer diagnosis can be positive but unfortunately there are circumstances where a diagnosis is missed. This can either be as a result of a failure to refer by a GP for further investigations or a failure to correctly interpret scans and/or test results by medical professionals, as well as many other reasons.
Sometimes the delay in diagnosis can have serious and significant consequences for a patient which can mean that they suffer additional injury, including further advancement of the staging of their cancer, as well as experiencing a delay in getting the correct treatment that they require.
These are complex claims, but at FBC Manby Bowdler we work with leading medical specialists, who will be able to advise you upon the treatment you received, whether you suffered harm and what future treatment is required.
NHS & Hospital Negligence
The NHS plays a vital role in the healthcare profession across the UK, providing healthcare for a population of 64.5 million people. Although we feel that the NHS work tirelessly for our care, there are times where mistakes are made.
At FBC Manby Bowdler we are proud of our NHS. It is a publicly funded healthcare service and provides the British public with excellent free healthcare. However, mistakes can happen. We recognise that when you think something has gone wrong, it can be a daunting decision to take action.
If you or a loved has not received the best care possible from the NHS and, as a result, suffered or are still suffering from illness, injuries or any other form of medical issue, you should contact a legal advisor who has the experience and knowledge to support you in this difficult situation.
NHS Negligence claims are are not always plain sailing as every situation is different, however, our dedicated team have provided legal advice and representation in nearly all branches of the NHS. Our aim is to get you the answers to what went wrong, the financial compensation you deserve, but more importantly, to support you with continuing care where possible.
Failure in your care
We will all need care at some time during our lives, often when we have reached advancing years.
Nurses and carers have a duty to ensure a proper standard of care to guarantee our safety and hopefully a good recovery. Due to the pressures the NHS faces, that care can be lacking and too often we are contacted by patients or their families as falls have occurred while in care, resulting in serious additional injuries. Too often the elderly are not properly nursed when bedbound and will suffer pressure sores, which can be devastating.
Making a complaint against the NHS
Most people may already be aware that the NHS has a complaints policy. However, it can still be a daunting process.
It is important when making a complaint to provide a detailed timeline or chronology of treatment and to say what you would like to happen. The claim needs to be submitted within a reasonable time period of the treatment or care complained of.
Our specialist medical negligence team will guide you through the process on an initial free assessment and we will then consider offering you a no win, no fee arrangement to pursue your claim if there is no better option to fund legal costs.
The NHS is not the only medical organistation that operates hospitals within the UK. There are other, private healthcare firms that have a stake in the UK's healthcare sector. You could be led to believe that private healthcare is better as there may be fewer patients, or better qualified doctors, however, medical negligence can happen in any medical establishment.
No matter whether you have been treated in a public, or private hospital, negligence can occur at anytime, yet when it comes to private hospital claims, you should make sure that you have an experienced team who can clearly distinguish the differences in the legal process.
If you feel your medical establishment has been negligent, our team of specialists lawyers are on hand to achieve the best outcome for you. Call 0800 111 6144 or make an online enquiry.
Working With Our Service Team
Our team of Medical Negligence experts understand the physical and emotional challenges you may be faced with when avoidable mistakes are made by your treating clinicians. With many years’ experience, our legal advisers offer a dedicated, supportive and pragmatic approach to ensure your claim is successful and you have access to the help and treatment needed to live the best life you can.
- Tim Gray
If you or a loved one has suffered from Medical Negligence or simply want to speak to a member of our expert team, please get in touch for a free initial consultation.
Meet Your Lawyers
Chartered Legal Executive
My 88 year old mother died as a result of negligence by Russells Hall Staff. After two years of them refusing to accept any responsibility Mr Portman Hann looked at the case for me. In a very short time he achieved the best financial compensation available. More importantly, the hospital have promised to change certain procedures to try and prevent similar things happening again.
The team were very understanding of what I wanted out of my case and were very knowledgeable of the outcomes. If I didn’t want it to happen or understand they always helped and did their best for my late husband.