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Claim for Medical Negligence?
Its not an easy subject to get your head around but Medical negligence, or as it is more often known, clinical negligence, is a term used to describe a “breach” of a duty of care by a doctor, nurse, dentist or other such professional to one of their patients. This breach or failure happens through mistake, error or sometimes dangerous medical practice. That then results in an injury for (you) the patient. This situation is different to criminal neglect which requires a deliberate act that will knowingly cause harm. We understand though, that from your perspective, these terms are never going to be strong enough to describe your situation.
Sometimes, when medical negligence happens, quite apart from the injury there is, associated with it expense, losses as well as impact on your life and earnings. Regrettably though, there is no fast route to getting these losses back. Its better to be upfront about this, medical claims take a long time, they are difficult and they are complex.
To establish a claim for medical negligence, it is necessary to show that the doctor has acted in a way that a reasonable body of medical professionals wouldn’t. Then you must demonstrate that an injury “flowed” from that behavior and only then can you show that the losses you have are attributable to that loss. If you are looking at this page because you want to start a claim or know someone who does, we will be completely transparent about things. We want you to be comfortable about what you are doing and know everything before you begin. Speak to one of our Solicitor members today and you will find that they really are very different from the crowd.
- Free Chat with a Fully Qualified Panel Medical Solicitor
- Free Medical Negligence Advice Session Regarding your Options
- Free Claims Viability Assessment
- No Win No Fee Claims
- Tel 01904-914-989
- Email Info@law-med.co.uk
In a Medical Claim What is a No Win No Fee Agreement?
With one of our Panel Medical Negligence Solicitors you will have a unique agreement. 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.
It is not a catch you out situation, our members agreements are ethical, transparent and industry beating.
There are a great many solicitors out there offering no win no fee agreements. If you are considering a claim for medical negligence you will see from our various pages that many of these agreements have hidden clauses. These tend to revolve around irrecoverable costs and insurance premiums. Not with our Medical Negligence Solicitor Members though. We have a unique 20% deduction. 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.
No Win No Fee No Catch!
The agreement you form with our Medical Negligence Specialist Members is one that is fair and is industry beating.
You will not be wasting anyone’s time by calling us.
If a Medical Negligence Solicitor does not think there is a claim they will tell you.
It’s free to find out
If you do want to claim there is a 14 day cooling off period
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.
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.
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.
In fact you name it, we have seen it. Call to discuss with a member of our panel.
Dental Infection and Disease
We understand that you have been let down and we know how this has made you feel. Our Medical Negligence Members want you to feel confident in your dealings with them Call to speak direct to a Solicitor and safely and privately exchange information and advice.
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, it genuinely will not take long and they can get to grips with the situation you face and the way out of it.
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 behavioral therapy or even medication and this can often be a faster route to treatment than would normally be obtainable from your local NHS trust.
Call us today on 01904-914-989 and one of our Medical Negligence Member Solicitors will discuss your situation.
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 those cases are very much on the decline and were never that widespread anyway. Our 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.
We offer a telephone consultation without time constraints. Call today on 01904 914 989 and discuss your medical dispute with one of our member Solicitors.
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.
The mistake however, that most Lawyers and Non-Lawyers make is to believe that the matter is one of breach of contract. The issue of breach of contract may well actually exist and in fact may well form part of the claim (in a well pleaded case), however, it is perhaps inappropriate to begin from this starting point.
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.
Fatal Incidents and Misdiagnosis of Cancer Claims?
The loss of someone close is difficult at any time, that mix of shock and loss is agitated if you believe that medical care or clinical negligence may have caused or contributed to the death. Investigations into fatal 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. Delayed diagnosis – for conditions such as acute infections or sepsis. Or of cancer or any other illness that could 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.
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 challengable. 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 marshaled 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.
Fatal Delays or Misdiagnosis of Cancer?
Our members have handled every type of delay in treatment and cancer treatment action regardless of whether this has been due to: misdiagnosis, delay in diagnosis, failure to provide adjuvant radio-chemotherapy or even fatal incidents and bereavement claims. These latter cases are brought from the estate for dependency and lost years. Call today and we will put you through to a cancer specialist Solicitor
The Law Med Medical Panel is an unincorporated association its members are clinical negligence accredited specialists.
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Blake House, York, YO1 8QG