Medical Negligence, Surgical, or Dental?
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If you are here because you have suffered medical negligence or dental negligence, then you are in the right place! We know you will have lots of questions so please do call or email and speak to one of our friendly Medical Negligence Solicitors. You will find they can help you straight away and its free!
So what is Medical Negligence?
Medical negligence is what has happened when you have had medical treatment but are left with an injury or a worse condition than you were at the beginning because of substandard medical care.
Medical negligence also refers to times when a medical professional fails in their duty of care towards you, causing you injury or harm. This can include:
- Failure to diagnose a condition
- Failure to warn you of the risks of a procedure or treatment
- Failure to prevent an infection being acquired while under their care
That means you may be able to make a claim for compensation through an expert medical negligence solicitor.
So who pays my claim?
It’s entirely possible to bring a clinical negligence claim against both the NHS and private medical companies or doctors. When you claim against the NHS, you won’t be claiming from your local hospital or GP.
The government knows that the NHS is likely to make mistakes and that inevitably that will require compensation. Therefore they introduced a body called “Resolution”. The job of NHS Resolution is to bring about compensatory awards for people who have been genuinely injured. You will not be taking money from the sick. The schemes for compensation are just like insurance policies, they are there specfically for people who have been victims of bad medical treatment. They exist to get you back on your feet and help you with your losses.
In private healthcare companies they have similar schemes run by insurance companies.
Can I just get a refund direct ? Do I need to Claim ?
Our member Solicitors have brought actions against many surgeons in the last 20 years and some of them turned out to be not actually specialist cosmetic or plastic surgeons at all. Frequently general surgeons perform plastic surgery and capitalise on the lack of good regulation in this sector. Instruct one of our Medical Negligence members and you will get a specialist medical claims lawyer who is a full member of the Law Society Clinical Negligence Panel.
How long do i have to make a medical claim?
Every medical negligence action is different. Enourmas claims factories that pretend to be law firms have vast call centres full of “claims assistants” or “litigation executives” etc. These are just labels to cover the fact that they are not really lawyers. They do not in general have the expertise to know about your claim and understand when the “limiation” date is due. They will tell you that you have “3 years in which to make a claim” but they often cannot tell you when this time begins. The truth is that it can be difficult to say when the time limit started, even judges struggle with this point.
Can I Bring a Claim for a Fatal Medical Claim for a Family Member?
The loss of someone close is difficult at any time, that mix of shock and loss is much worse if you believe that medical care or clinical negligence may have caused or contributed to the death. For the family and loved ones, grief quickly gives way to anger. Investigations into fatal medical negligence cases often result in disciplinary and or wider investigations as well as a claim. Typical investigations follow incidents of: Delayed hospital referral – on presentation of an acute condition such as a stroke, brain hemorrhage, heart attack or pulmonary embolism.
Other issues leading to a fatality can be delayed diagnosis – for conditions such as acute infections or sepsis. Or of cancer or any other illness that could have and should have been treated with earlier intervention. Delayed surgery – slow to turn to emergency surgery. Surgical negligence – mistakes on the operating table such as perforation or damage to internal organs that is difficult to repair. Fatal medication errors – catastrophic drug errors caused by incorrect medication or incorrect doses being dispensed to a patient. Negligence during childbirth – often leading to a stillbirth or death of the mother.
What If I have had a Delay in My Diagnosis of Cancer?
Misdiagnosis and / or delayed diagnosis of cancer may allow more time for the tumour to advance. Its no surprise that this may be clinical negligence. The surprise is that for many of these cases it is often not a matter for an urgent claim. You will need advice and our members are happy to give it, however, be aware, that the timing of a claim is crucial. Whilst limitation is ticking it is dangerous to delay bringing a matter. You do not want to be time barred. However, it is also worth considering that right now, should a legal action be top of your agenda?
The COVID-19 pandemic and the delays that were incurred in cancer care and initial cancer screening is liklely to have long-term impacts. However, the circumstances of your case is always different from the next person and these claims require expert assessment from the start.
Cosmetic Surgery exists in order to rectify issues about a person that is unappealing or aesthetically damaging. In this regard, cosmetic surgery can be thought of as “voluntary” surgery as opposed to “plastic” surgery which is technically better thought of as “reconstructive” in nature. Plastic surgery often follows disease or injury and is usually part of a wider rehabilitation program. In the UK though, unlike Plastic surgery, Cosmetic Surgery is very poorly regulated. As the procedures are privately funded (98%) as opposed to NHS funded, the issues of complaint, negligence and redress for a patient, are always through legal enforcement. The thinking here from the powers that be is, that if you can afford the surgery, you can afford the lawyers…
There is no doubt, Cosmetic surgery can be very exciting, and it can bring a range of benefits by making you feel better about the way you look. The trust that patients place in the hands of the cosmetic surgeon is based on the utmost respect. However, there is no doubt, in some cases that trust is misplaced. Many of our clients are left with poor outcomes and woefully poor responses post surgery. When things go wrong, a refund is not sufficient and the promise of corrective surgery is not really appropriate. The only way to ensure that you receive the best solution for your predicament is to hire a professional clinical lawyer who specialises in this area of work.
Reconstructive surgery after illness or disease can be challenging. Poor surgical outcomes can result even from the best surgical technique. We are not yet at the stage were anything can be fixed by surgery and frequently that way of thinking is what lies at the heart of many patients disappointments. The problem is how do you know what is likely to be negligent and what is not? Knowing the difference is likely to save a great deal of time for you. Its fair to say that most patients are simply not able to determine this for themselves. They are usually left with a nagging doubt that the outcome that they have to live with is a lot less than what was explained to them as being likely – it is often in this despondent state that we meet our clients for the first time. In some cases of cosmetic and plastic surgical negligence, the results can be horrifying with the entire operation being little more than “botched surgery”. Thankfully this type of medical negligence is very much on the decline and were never that widespread anyway.
Typically an action for Surgical Negligence (Cosmetic) will have the following elements: Rectification Costs – This will include, revision surgery and rehabilitation, there is likely to be other damages associated with this including loss of earnings and expenses as well as care and nursing. Pain Suffering and Loss of Amenity – this will be different in every claim but is likely to be enhanced by issues such as the individuals job, trade or profession effected, so a fashion model is likely to suffer a significant impact but a plumber maybe not so much. Pain is different in every case and so this is really a matter for expert evidence. Psychiatric / Psychological Damage, these injuries often add more to the claim than the other heads of damage altogether. A persons appearance is linked to their mood and self image, a cosmetic injury may rob someone of their confidence or even change their personality altogether. Expenses – losses associated with the surgery or the recovery from it.
Badly performed surgery, is always an injury, and it is an injury for three very clear reasons. Firstly, you did not consent to being treated thus and therefore there is no legal authority for the damage caused, secondly you will have to undertake corrective surgery from a different cosmetic surgeon (and this is a intrusion), lastly, you may be left with scar tissue and / or other complications that cannot be reversed. Do not instruct any Solicitor in this type of action, unless you are confident that they understand these points.
Following an unexpected and sudden death in hospital, it is common for the coroner to be involved and an inquest may be held to investigate the cause of death. This can be a daunting process for the family. Inquests are never easy but in a medical context, it can be more complex for families who have limited means. This is because hospital trusts have access to clinicians and independent expert witnesses who are doctors while the family will only have restricted access to clinicians to investigate their concerns and will have to approach independent experts from outside the trust.
For the bereaved the award for pain and suffering does not really compensate adequately for the loss of life and loss of expectation of a future life , this is particularly true and touching for a young adult. Bereavement damages are payable in some cases. The amount of this award is fixed by law (recently increased to just over £15,000) and reviewed from time to time. It is woefully low but not really challengeable. Where someone loses a spouse or partner upon whom they were financially reliant, they can however, be considered to be “a dependent”. It is possible then to recover compensation for loss of dependency on income and for services such as care and assistance. Additional expenses such as the costs of the funeral, repatriation costs and the associated costs of obtaining probate and or / letters of administration can also be levied against the defendant in the right circumstances.
It should be mentioned from the outset though, that fatal incidents and cancer claims are usually conducted in exactly the same way as actions brought by the living. The difference of course is that the central claimant witness is missing. In this regard then, these actions are particularly strenuous. They frequently succeed or fail only the basis of the quality of expert evidence. The skill that an expert lawyer brings to this process is entirely in the way that the evidence is marshalled and the selection of the right expert or experts, no one should ever be expecting the Defendants to simply admit fault just because a death has occurred.
Some Types of Medical Negligence Claim
If you are considering a claim for medical negligence you will see across the internet pages from firms who offer NO WIN NO FEE terms. These agreements often have hidden clauses. These clauses tend to revolve around “irrecoverable costs” and “insurance premiums”. Not with our Medical Negligence Solicitor Members though. We offer a unique 20% deduction no catches no problems. That is an industry beating position, if you don’t believe that look around at other websites, some firms do not even mention the insurance costs because they know you would never agree to them. With a law med member they are free!
A No Win No Fee Agreement – is just a way of funding the legal costs of a claim. The solicitor agrees not to charge unless you win and then sets the costs of what is deducted at the end if you do! Simple as that.
Contact us anytime to have a Medical -Dental or Surgical Specialist Solicitor online conference completely free. We can arrange a telephone, zoom, Skype or teams meeting if you prefer and if the situation demands it you can even have a visit – subject always to Covid 19 Regulations and precautions. Call or email to discuss. Our Members are perfectly happy to just give you pointer on your situation and what the best routes may be for you or your loved ones.
Where Do You Go From Here?
With one of our Panel Medical Negligence Solicitors you can have a unique agreement. in the market place. Which means “you” as a medical, surgical or dental client pay a maximum of 20% of your winnings (compensation). You do not pay for an insurance policy and you do not pay any legal or medical fees. If you win you WILL get 80% of the compensation and your Solicitor takes the rest. If you lose you pay nothing at all. That is our members guarantee for every claim for medical negligence, surgical claim, cosmetic or dental claim etc that they administer.
You will not find a better no win no fee deal. Our members Medical Negligence Solicitors aim to deliver high service standards and cost effective rapid claim settlement and this funding allows us them to do it for you. it’s a winning medical claim arrangement and one that our clients refer to their friends and family over and over again.
This 20% applies only if you win and never anything more. If you lose, then there is nothing to pay at all no catches. Further for that 20% you get a fully qualified Solicitor, not a clerk or an executive, not a secretary or a paralegal. A fully qualified Solicitor. It doesn’t even end there, they are Law Society Clinical Specialists. These are the Clinical lawyers who can prove their specialty by reference to previous case histories. These guys are the best of the best. Nobody out there that we know of offers a better deal.
What is Dental Negligence and can I claim?
Among the Medical Negligence Solicitors on the panel there are Dental Solicitors all registered with the SRA and the Law Society of England and Wales. They are all also members of the Law Society Clinical Negligence Specialist Panel. Which means that they have been approved by an assessor as being specialists in clinical, dental, medical, surgical claims.
Over the years our members have seen just about every type of medical negligence surgical negligence and dental claim. Cases involving dental misdiagnosis, failure to diagnose, delay in diagnosis, periodontal disease, wrongful extraction, mismanagement of dental abscess, failure to prescribe, failure to advise, poor implant placement, implantitus, periapical infection, infection management, drainage, nerve damage, coronectomies, facial palsy, tongue nerve damage, facial nerve damage, lingual nerve damage, cosmetic deficit etc.
The advantage of having a Solicitor with this degree of proven experience that is is that they can see the strengths and weaknesses in your claim from day 1, they can then prepare the case accordingly, choosing the right expert and giving you the best advice. They know exactly what you will and will not be able to claim for and what will be required to prove it – gaining you the fastest settlement for the highest compensation.
See our dental pages for more information on dental conditions and issues that are common in medical negligence / dental negligence claims.
What About Dental Implant Failures
Claims involving implant failure can be highly complex indeed. The first thing to note is how the implants have failed – was it failure to Osseo integrate? Was there underlying bone or gum disease (periodontal disease)? Was there a failure in technique or in citing the implant? Can the implant be refitted? Was this ever a case for implants in the first place? Call or request a call back to discuss your situation with a Dental Lawyer, if there is a case for medical negligence it genuinely will not take long, to discuss it and they can get to grips with the situation you face and the way out of it.
What About Surgical Negligence
Within Medical negligence claims there are the sub genre of Surgical Claims and Surgical Error. These are fortunately, rare, there is no doubt though, these more than any other medical claim have the capacity to create catastrophic injuries. Injuries that ruin a persons whole life. Surgical Claims are among the most demanding litigated actions that a person can bring and they hold unique challenges for Medical Negligence Lawyers. In surgical actions both a breach of the duty of care and the causation of injury is likely to be in doubt. They will require the highest proof of evidence. Frequently surgeons have to adapt and change technique during procedures as the clinical situation changes. They can also be under enormous time constraints that were not foreseen at the outset of an action. More than perhaps any other claim, these surgical negligence actions require the highest level of expert opinion to proceed. Only a foolhardy lawyer would commence one without experience.
Also important is the fact that there is always an underlying condition that requires attention. This is difficult at first to understand. Whilst the patient is busy having the surgical error put right, often the reason for surgery in the first place is being ignored. This too has a place in the action, ultimately that original condition may be exacerbated or even accelerated by the surgical error. Finally of course, there is the psychiatric damage that accompanies any surgical claim and that too is likely to be significant.
We have access to medical negligence experts who specialise in the psychiatric post dramatic stress disorder (PTSD) that often follows poor surgical outcomes. Frequently experts recommend behavioural therapy or even medication and this can often be a faster route to treatment than would normally be obtainable from your local NHS trust.