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What Are The Most Common Surgery Mistakes in Medical Negligence?

There are numerous types of medical negligence a patient can suffer at the hands of a Doctor, GP or any other type of medical professional.

This could be a misdiagnosis of a condition whether this is a broken bone or a more life threatening condition such as Cancer to undergoing surgery and suffering further issues, this is known as surgical negligence.

Other types of medical negligence range from failure to refer patients on for relevant treatments to overdoses of medication. A lot of people are unsure if they have suffered medical negligence so it is paramount that if you feel you have been the victim of medical negligence that you do speak to Specialist Solicitors who will be able to offer impartial advice on whether or not you have grounds to make a potential claim.

So what is medical negligence?

The definition of medical negligence is substandard care which has been provided by a medical professional to a patient, which has resulted in patient suffering an injury or caused an existing condition to worsen.


 What are the 5 most common surgery mistakes?

There are numerous mistakes which can be made by Doctors/Surgeon when performing surgery as undergoing surgery in itself is considered a risk.

1 – Leaving a Foreign object inside a Patient.

Complicated procedures/operations require variety of tools including scalpels, clamps sponges and pads. It is down to the surgeons and nurses to keep track of apparatus being used but unfortunately mistakes are made and medical tools have been left inside the patients during surgery.

This is one of the most common mistakes made during surgery and can cause further issues such as infections and then requires further surgery to have removed.

2 – Performing the Wrong Procedure

When you enter the hospital for a specific procedure, you do expect that procedure to be carried out in the best possible way. Unfortunately as cases have shown Doctors have performed the wrong procedure, not only will you have to undergo the original procedure, but you may also need additional care to repair any damage that occurred from the first operation.

3 – Operating at the Wrong Site

Sometimes surgeons perform the right procedure on the wrong body part. This kind of surgical error has led to some people having the incorrect limb removed as a result of this, again not only will the procedure need to be performed on the correct site but this will no doubt leave people with further long term issues.

4 –  Inflicting Nerve Damage/further internal damage

Surgical teams are often in direct contact with nerves and their surrounding tissue and the slightest mistake can leave often lasting damage to the patient as a result of this mistake.

Another common aspect of surgical mistakes is further internal damage to other organs, certain organs are compacted or in contact with other organs and procedures such as C-sections in some cases has left patients with perforations to the bladder requiring corrective surgery and in some cases permanent Stoma bags due to the negligence.

5 – Administering Too Much Anaesthetic

Anaesthesia errors are often fatal. If the anesthesiologist gives a patient too much of the drug, it can deprive the brain of oxygen, resulting in brain damage and even death. In rare circumstances, a patient might have a bad reaction to anaesthesia, but when an actual error occurs, the patient’s family has a right to pursue compensation.



How long does a medical negligence claim ?

If it is found that you have suffered medical negligence and you did wish to proceed with a compensation claim then the time it takes for you to receive a pay-out will depend on the nature of the negligence you have suffered and the injuries you are suffering from.

By speaking with a Solicitor they will not only be able to assist you with making a claim but they will be able to give a rough guide as to how long it would take to receive a settlement if your claim is successful. Although the process may seem long and daunting not to worry your Solicitor will be by your side each step of the way offering advice and support

What is the process of a medical negligence claim?

Your Medical Negligence Solicitor will help you understand how the claim process works. Once you complete our Free Assessment a Solicitor will call you and discuss your case in the strictest confidence.

Our Solicitors are specialised and fully trained to ask you the right questions and are there to listen. We understand this is a difficult time and can be very stressful which is why our Solicitors will be by your side throughout the whole process.



The Complete Guide To Medical Negligence Claims

If you have suffered sub-standard care from a medical professional which has led to an injury, you may be thinking about making a medical negligence claim for compensation. This can be a daunting task for many victims of medical negligence. To help you, medicalnegligencedirect.com have created this Complete Guide To Medical Negligence Claims which should help you make an informed decision about your claim.

If after reading this guide you feel you may have been the victim of medical negligence, you should contact us for a Free No Obligation Claim Assessment so a specialist medical negligence solicitor can guide you on your next steps.

What is Medical Negligence?

Medical Negligence by definition is when the standard of care provided by a medical professional falls below a reasonable standard of care (compared to other medical professionals) and this poor care leads to a patient suffering pain or injury.

The legal definition of Medical Negligence requires some more explaining. Medical Negligence matters are brought under the Law of Negligence. In order to bring a claim in negligence you must establish 3 things:

  1. That you were owed a duty of care (all medical professional owe their patients a duty of care)
  2. There has been a breach of duty by a medical professional. This means that the standard of care provided by the medical professional has fallen below a reasonable standard
  3. The poor care has caused you to suffer an injury

In order to bring a claim for medical negligence, the above elements must be established.

Whether or not a medical professional has fallen below a reasonable standard of care can be established by a medical negligence solicitor. They will be able to assess the care provided and determine if it was negligence or not. Often medical negligence solicitors will obtain the opinion of an independent medical expert to support their position.

If you feel you have suffered medical negligence at the hands of a medical professional you should seek advice as soon as possible. To get a Free Claim Assessment you can call our specialist Solicitors on 0800 644 4240.

What is a Claim For Medical Negligence ?

A claim for medical negligence relates to the action a victim of medical negligence can take against the NHS or other medical professionals.

A medical Negligence claim allows victims of medical negligence to obtain compensation for the pain and suffering they have been through and to compensate them for any future losses they might incur. This includes things like future loss of earnings and future care costs. A claim for medical negligence also allows victims to obtain justice and to ensure that the same mistakes do not happen again.

To bring a medical negligence claim we recommend speaking to a specialist solicitor as soon as possible so you understand your rights and the process. There are strict time limits on how long you have to make a claim so you should seek advice as soon as possible.

Are There Different Types of Medical Negligence Claims?

There are many types of injury categories that arise from medical negligence claims and no 2 claims are ever identical. However, common areas where we find medical negligence claims do arise are:

  1. Brain damage caused by medical negligence.

This can happen in a number of ways, but ultimately these claims relate to avoidable brain damage that has been caused by the negligence of a medical professional. Common examples of causes of brain damage due to medical negligence include a patient being oxygen deprived due to treatment not being provided fast enough and a patient suffering brain seizures due to incorrect medication. Medical Negligence Claims relating to brain damage are extremely serious as the injuries will often have a life-long impact on the victims.

If a medical patient has suffered brain damage due to medical negligence they are entitled to be compensated for the injuries they’ve suffered and any offers they have incurred. It is important victims are compensated to ensure they do not lose out due to the negligence of others.

  1. Childbirth injuries caused by medical negligence

A common area of medical negligence claims relates to mistakes made during childbirth and poor treatment being provided. There are a number of childbirth injuries that can be caused by medical negligence which can include: avoidable blood loss, vaginal tears, congenital hip dysplasia, cerebral palsy, bladder or bowel perforations and many more. Unfortunately, if the correct level of care is not provided to patients during childbirth, it can often result in serious injuries being suffered which result in medical negligence claims.

Childbirth injuries caused by medical negligence are very serious as they can effect both the unborn baby and mother. Serious injuries suffered in childbirth can lead to life- long injuries and ultimately death. That is why it is vital medical professional not upholding the standards needed in childbirth are brought to account.

  1. Neck and spine injuries

It is vital that medical professionals are extremely attentive and careful when treating neck and spine patients to ensure they are given the correct diagnosis and treatment. When poor care is given to neck and spinal injury patients is can result in terrible consequences including paralysis.

Examples of medical negligence claims relating to neck and spinal injuries can result from a failure to diagnose spinal conditions such as bulging discs or Cauda Equina Syndrome. These types of claims can also result from failure to move patients properly, causing further damage. If you have suffered avoidable neck and spine injuries due to medical negligence, you may be entitled to claim.

Neck and spinal injury claims for medical negligence can often involve claims for on-going care, equipment and loss of earnings depending on the level of injury you have sustained.

  1. Complications caused by surgical procedures

Injuries and complications can often be caused by surgical procedures that have gone wrong. Injuries resulting from surgical mistakes can be very bad for patients and that is why a high degree of care should be provided, but is often not. It is common for surgical negligence claims to relate to damage that has been caused during surgery negligently. This can include damage to nerves, tissue and other vital organs. In some rare cases, surgical errors result in surgery on the wrong body part or an object being left inside the patient which are known are “never event” and should never happen, but they do.

Surgery is designed to make patients situation better. If you are made worse due to surgical negligence, it is unacceptable and the medical professional should be held to account. A medical negligence claim can help with this

  1. Misdiagnosis of Cancer

Unfortunately medical negligence claims often arise from a failure to diagnose or treat cancer. This kind of mistake is very serious as any delay in diagnosing cancer can have a major impact on the prognosis of the patient. In the event that your medical professional (whether a GP, hospital or other medical provider) has failed to diagnose cancer, you may be able to claim.

Misdiagnosis of cancer can occur due to a number of reasons, but often these claims relate to patients whose cancer could have been diagnosed had the results of tests been properly reviewed. It is terrible that medical professional can fail to properly assess medical results that indicate cancer, leading to delays in treatment. Such examples often result in medical negligence claims.

 What Evidence Is Needed To Bring A Medical Negligence Compensation Claim ?

Your medical negligence solicitor will be able to advise you on the evidence needed to bring your claims in more detail. However, generally the following evidence will be obtained or used during a medical negligence claim:

  • Patients medical records – your solicitor will review your medical records to assess the level of medical care provided and whether guidance and policy was followed;
  • A witness statement taken from the patient by their solicitor;
  • Expert Report – this is a medical report from an independent expert which comments on the level of care provided in the opinion of the expert. This evidence can often “make” or “ break” a medical negligence claim.
  • Witness evidence form the medics who provide the negligent treatment.

 How To Make a Medical Negligence Compensation Claim ?

The process of making a claim for medical negligence usually starts by getting a specialist medical negligence solicitor to assess your matter. If they believe your case shows medical negligence they will generally obtain your medical records and review the care provided.

Based on what the solicitor finds, they will then write to the medical treatment provider and set out the allegations of negligence and the injuries his has caused. Prior to this, your solicitor may obtain an Expert Report from an independent medical expert who has reviewed the treatment you were provided and commented on the level of care.

Following the initial letter to the medical provider, they have up to 4 months to respond. If they fail to, your solicitor can then issue court proceedings against them, Ultimately, most medical negligence claims are settled out of court, but if the matter cannot be resolved a medical negligence claim can result in a court trial.

How Long Do Medical Negligence Cases Take?

The amount of time it takes to make a negligence claim depends very much on the case. Generally cases are settled within 2 years of a solicitor being instructed. However, this timescale can vary depending on; the response of the defendant, the level of injuries sustained, the amount of compensation claimed and many other factors.

When a medical negligence claims enters the court process, they generally resolve within 12 – 24 months depending on the court and location.

Can You Claim Against The NHS For Medical Negligence?

Yes, you can claim for medical negligence against the NHS. As a medical care provider, the NHS plays a vital role in keeping members of the public healthy. If they fail to fulfil their duty and are negligence towards patients, the NHS must be held to account, just like any other organisation.

If the NHS fails to meet the standards that are required of it, you can bring an action against their various organisations for compensation. The NHS holds millions of people’s lives in their hands and it is never acceptable for the care provided by the NHS to be negligent, never.

All NHS organisations hold compulsory insurance to deal with medical negligence claims and you can be assured that a claim for medical negligence will not remove money from the NHS front line.

How Much Compensation You Can Claim For Medical Negligence ?

The amount of compensation you can claim for medical negligence is different in every case. The amount of compensation will depend on a number of key factors which will determine how much compensation you awarded for medical negligence. The common matters that arise when determining how much you can claim for medical negligence are:

  • Level of the injury
  • Timescale of injury
  • Care Costs
  • Equipment Costs
  • Loss of Earnings/Future Loss of Earnings
  • If a claimant has children or dependants

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12 Things To Know About Medical Negligence

The medical negligence might occur through a preventable issue, misdiagnosis, excessive dosage, medical malpractice, medical accident, or lack of knowledge related to medical practices.

What is Medical Negligence?

By definition, medical negligence is the misconduct and negligence of medical experts either in the private sector or NHS.Some of the commonly observed negligence includes surgical procedures and misdiagnosis of various diseases such as cancer.

Medical Negligence Claims  

In order to pursue clinical negligence claims for compensation, it is important to consider expert medical negligence solicitors. It is a daunting task for people with limited information regarding medical negligence laws.

Here are 12 things you need to know in order to make a medical negligence claim through your medical negligence solicitor:

1: Legal term

In case of any act of negligence during medical treatment, patients have the legal right to sue their medical practitioner or hospital through a medical negligence claim. In order to obtain compensation for medical negligence, the claims should prove an unacceptable standard of care that leads to an injury, disease, and death in certain cases.

2: Considering the right medical negligence solicitor

A specialist medical negligence solicitor can help you to fight your medical negligence case properly through their experience and knowledge. Our expert solicitors will tell you your legal options and can help you to understand the whole process.

Using a specialist medical negligence solicitor may increase the likelihood of your chances of winning the case.

3: No win no fee agreements

If you are planning to file a compensation claim for the medical negligence, you might want to use the benefit of “No Win No Fee Agreement. Our solicitors can offer to work on No Win No Fee basis, meaning there is no up-front cost to you. You can find further information on No Win No Fee Agreements here.

4: Time limit

Considering the complexity of medical negligence, it is important to file a claim within three years of the date of the negligence or 3 years from when you become aware of the medical negligence.

There is an exception in certain cases such as mental incapacity, and in the case of patients under the age of eighteen, who have 3 years to claim from the date they turn 18 years old.

It is vitally important that you seek advice regarding your potential claim as soon as possible, as you cannot bring forward a claim if the time limitation has passed.

5: Compensation amount

Each medical negligence case is unique and the amount of compensation awarded depends on a number of factors. Certain factors are considered in order to decide the amount which includes:

  • The nature of your medical negligence. In certain cases, it can be life-threatening or cause serious injury.
  • The severity, trauma, and pain that is caused due to the negligence.
  • The time of recovery from the negligence.
  • The impact on your overall health.
  • Loss of earnings you may have suffered
  • Any care of specialist equipment you may need due to the injury

You are entitled to two types of compensation in case of medical negligence that is general and special. The general damage includes the compensation of the suffering and pain due to the misdiagnosis. In special damage, you can attain the compensation of all the expenses that occur due to the misdiagnosis including the cost of personal care, transportation, medications, tests, and doctor’s fees.

6: You probably won’t go to court

The majority of the medical negligence cases are settled before the occurrence of a full trial at court. Generally, medical negligence claims are settled without the need to go to court with the use of an “out of court settlement”.

However, some medical negligence claims will proceed to trial and you may need to attend to give evidence, but this is generally very rare.

7: Who can you claim against for medical negligence?

Any health practitioner, GP surgery, or hospital can be sued and held accountable for the negligence and misconduct. This includes dentists, cosmetic surgeons, eye specialists, and private clinics. In the case of NHS hospital, the NHS trust will be held accountable.

If you have suffered sub-standard care from any of these health professionals then you may be able to make a claim for medical negligence.

8: What evidence is needed?

Generally, your medical negligence solicitor will obtain a copy of your medical records and review the treatment that has been provided. It is important to maintain your medical records.

Especially, when you are about to claim a medical negligence case, the requirement of physical evidence is crucial to support your stance. The records might include prescriptions, doctor’s opinion, notes, and other medical files. All this evidence will help the court in understanding the severity of your case along with the compensation.

9: The requirement of medical experts

In medical negligence cases, it is common for your solicitor to obtain the opinion of an independent medical expert. The expert will often specialise in the area of practice that your medical negligence injury relates to.

The medical expert will give their opinion on your case and will comment on the level of care provided. They will often comment on whether the medical professional who treated you has breached their duty of care to you and whether this breach of duty caused your injury. Your solicitor will manage this all for you.

10: How Many Types of Medical negligence?

Medical negligence refers to a range of incidents and injuries. However, what all medical negligence claims have in common is that the standard of medical care provided has fallen below an acceptable level and this has led to an injury.

Our solicitors specialise in all aspects of medical negligence and commonly deal with matters of medical negligence relating to:

11: Time required for trial

In the majority of the cases, the process leading to the trail can take eighteen months to three years. The duration is dependent on the type of claim, the severity of the situation, condition of the patient, defendants approach, and position.

12: How to file a medical negligence claim?

In order to attain the right amount of compensation and future safety, you should seek the advice of a specialist medical negligence solicitor. They will be able to guide you through the process.

Contact us today for a Free No Obligation Assessment of your Medical Negligence Case.

Get A Free Claim Assessment

If you or a loved one has ever suffered from medical negligence of any sort, you should seek legal advice as soon as possible. In case of suffering from preventable issues and excessive pain due to the negligence of your practitioner,

our team can help you claim the compensation you deserve and act for victims of medical negligence

Our panel of medical negligence solicitors are just a call away. Call now at 0800 644 4240 to speak to a specialist solicitor today.

Can I Claim Against The NHS For Medical Negligence?

If you have received an unacceptable standard of care from an NHS medical service provider, you may be able to make a medical negligence claim for compensation.

All NHS medical service providers have to provide treatment to an acceptable standard of care. If an NHS service provider fails to meet this standard they may be in breach of the duty of care they owe to you.

Unfortunately NHS service providers do make mistakes and when they do it is important that lessons are learnt and justice is obtained for victims of medical negligence. Our specialist NHS claims solicitors are experts in all aspects of claims against the NHS and will help you get the answers you need and compensation you deserve.

What Parts of the NHS Can I Claim Against?

You can bring a claim for medical negligence against any NHS medical service provider. The NHS is a huge organisation, with many strands. You may have suffered medical negligence at the hands of some of the following NHS medical providers:

  • NHS Hospitals and A&E Departments
  • NHS GPs
  • NHS care providers (including home care)
  • NHS Walk In Centres
  • Emergency Service Lines including 999 and 111
  • NHS Paramedics & Ambulance Services

There are also other medical providers which are not listed above For example, it is common NHS medical providers to refer patients to 3rd party treatment providers. It is important to understand that the NHS are still responsible for your care and accountable for the treatment you receive. You can make a medical negligence claim against all of these medical service providers.

What Can I Claim Against The NHS For?

The NHS provides a range of medical diagnosis and care services for patients. Mistakes can be made in all parts of the NHS and in a variety of ways, leading to medical negligence claims. Some of the most commons claims for medical negligence against the NHS are claims relating to:


How To Claim For Medical Negligence Against The NHS

If you have been the victim of NHS medical negligence it is important to obtain justice and compensation for your suffering. To bring a claim for medical negligence we always suggest obtaining specialist legal advice, which our solicitors are on hand to provide.

One of the first things to do when making a medical negligence claim is to obtain a copy of your medical records to look for any obvious evidence of negligence. Following this, your legal advisor usually obtains an independent medical report from a medical expert (usually a doctor specialising in a similar area of medicine). If the expert agrees with your solicitor that you have been the victim of negligence, the next step is to write to the NHS service provider.

Our medical negligence solicitors can deal with the whole process for you and navigate you through the claim so you don’t need to worry about anything.

How do The NHS Pay For Claims?

All NHS organisations subscribe to an insurance scheme to cover the costs of medical negligence claims. This ensures that front line NHS services are not affected by making a medical negligence claim.

Medical Negligence Case of Cancer Mis-Diagnosed Several Times by NHS.

Linda Lidley a mother aged 52 has won a medical negligence claim after finding out she had been misdiagnosed several times by the NHS, in what has actually turned out to be lung cancer. The pain started ten years ago for Ms Lindley when she first experienced breathlessness.She was sent backwards and forwards to her GP and was prescribed an inhaler back in 2007.

Continue reading “Medical Negligence Case of Cancer Mis-Diagnosed Several Times by NHS.”

Medical Negligence Cases against NHS Risen by 20 % in a Year After succession of hospital scandals.

The figure is an estimate based on the number of claims the NHS believes it is unlikely to be able to defend, the severity of such errors and likely pay-outs. In total more than 16,000 patients logged complaints, up from around 13,500 the previous year, many of the cases are linked to a series of scandals that have dogged the health service. More than £1.2 million has been paid out to 120 victims of poor care at Mid Staffordshire Foundation trust, in the largest ever group claim against the NHS.

Continue reading “Medical Negligence Cases against NHS Risen by 20 % in a Year After succession of hospital scandals.”