A watchdog has told the mental health trust to make immediate safety improvements after finding out that users were at risk of harm following a recent inspection which rated them lowest in safety.
The Care Quality Commission (CQC) had inspected Greater Manchester Mental Health NHS Foundation Trust in April following concerns raised by a whistleblower. The CQC during its inspection found users and carers struggled to contact the service for support or during a crisis.
The Greater Manchester Mental Health Trust said it acknowledged the findings and will address the concerns.
The Health regulator said the trust which runs Prestwich Hospital in Bury, retains an overall “good” rating but its safety rating for mental health services has dropped to “inadequate” – the lowest level.
The CQC issued the warning about the trust’s community-based mental health services for adults after inspecting two teams and finding the following;
Patients and carers could not contact the service easily regarding care and treatment
The service had issues with low staffing levels and high turnover rates
The Trust did not effectively monitor patients waiting for assessment and treatment or keep an up to date risk assessment
Staff failed to consistently assess and manage risks as well as keep good care records
Earlier this year, the Trust was criticised in an independent review after it said that the fatal stabbing of seven-year-old Emily Jones by a psychiatric patient could not have been prevented.
Earlier in a confidential report in 2021, it had been noted that the Trust suffered staff shortages.
Brian Cranna, the CQC’s head of hospital inspection, said “managers supported and supervised newly qualified staff well and patients said the service was good However, people using the service and their carers also told us they struggled to contact the service for support or when in crisis. This left people at risk of harm as they had no way to tell staff their mental health had worsened.”
Chief operating officer at the trust Deborah Partington, said that the pandemic had led to an increase in demand for mental health services and that it was getting increasingly difficult to make recruitments and this has put pressure on the service capacity.
She added; “We will continue to work as hard as we can to improve our services for those who need us, and we would like to reassure people that service users in our care are safe.”
If you have suffered hospital negligence which has caused you or your loved one to suffer avoidable harm, then you may be able to make Hospital Compensation claims.
Our medical negligence solicitors are well versed in different hospital negligence claims including Mental Health Claims for which we have represented several clients and won them deserving settlement payouts.
Our No win no fee policy stands for such cases. This implies that we will take a pre-agreed percentage of your compensation fee only if the case is successful. You are also protected from incurring any debt whatsoever if the case is not successful. With this, you do not have to worry about any legal fees of any kind.
Investigations are currently underway over a total of 74 cases of hepatitis in children across the UK. The officials of the UK Health Security Agency says parents should look out for symptoms such as jaundice.
These cases of hepatitis or liver inflammation in children currently being investigated are as follows; 49 cases in England, 13 in Scotland and 12 across Wales and Northern Ireland.
They are of the belief that the cause could be the common adenovirus but have also not ruled out covid-19.
Director of clinical and emerging infections at UKHSA Dr Meera Chand, said officials were exploring what could be the reason why children are being admitted to hospital with liver inflammation.
According to Dr Chand, “One of the possible causes that we are investigating is that this is linked to adenovirus infection. However, we are thoroughly investigating other potential causes.”
Covid-19 as well as other infections or environmental triggers are also other possible explanations being investigated.
Common Virus
Adenoviruses are a family of viruses responsible for a range of mild illnesses such as colds, vomiting and diarrhoea. Although hepatitis is not a common complication of these viruses, a link has been found in rare cases.
Dr Chand has then given parents pieces of advice to reduce spread which includes supervising good handwashing and hygiene at home, as well as keeping an eye out for possible symptoms.
He said; “We are calling on parents and guardians to be alert to the signs of hepatitis – including jaundice, or yellowing of the eyes and skin – and to contact a healthcare professional if they are concerned.”
Other symptoms of the hepatitis include:
Dark Urine
Itchy Skin
Muscle Pain
A Loss Of Appetite
According to the UKHSA, no link has been established between the cases of these children and the Covid-19 vaccine, as none of the children involved has been vaccinated.
Professor Will Irving, a virology expert from the University of Nottingham, described as very unusual the current trend of hepatitis cases in cases of hepatitis in children under the age of 10.
He said, “In relation to viral hepatitis, infection in childhood very rarely causes clinical disease, adding it was often much worse if caught as an adult.”
What Is Hepatitis?
It’s a medical condition used to describe inflammation of the liver. Although it is chiefly caused by viruses, it can also be caused by exposure to some chemicals, drinking too much alcohol, drugs and certain genetic disorders.
The types of hepatitis caused by specific viruses are five in number – known as A, B, C, D and E – but interestingly, none of those appear to have caused the liver inflammation seen in these children so far.
Some types of hepatitis can be acute and pass without any serious problems, while others can be chronic.
How We Can Help You.
If you have concerns about the quality of care you or your loved one received during a visit to the hospital which has in turn caused problems such as an injury, trauma, or other complications, then you need specialist medical or clinical negligence solicitors to undertake your claims expertly.
At Medical negligence Direct, we believe that everyone irrespective of social class should have access to justice without being hindered by legal fees.
This is why we have a strict No Win No Fee policy for our clients which provides them the opportunity to make claims without any financial implications, hidden charges or having to incur debts even if the claims were not successful in the end.
We encourage you not to delay further as you would have only a limited period of time to make your claims but reach out to us to speak with one of us and have a meeting set up for you at your earliest convenience.
Contact A Specialist Solicitor Today For A Free Claim Assessment
In recent news, There have been pressures on the Royal Shrewsbury and Telford’s Princess Royal hospitals which have been branded “a risk to life” after critical incident status was declared last week, with major delays for patients needing treatment.
The trust overseeing the hospital- Shrewsbury and Telford Hospital NHS Trust (SaTH) couldn’t provide priority services despite the “exceptionally high levels of demand”. The trust said that the source of the pressures was the ongoing impacts of the coronavirus and “issues in discharging medically fit patients”.
This is however not acceptable as it has been claimed that a 95-year-old woman waited 14 hours in an ambulance outside A&E that morning leaving her relatives “very distressed and confused”.
A spokesperson of the trust has said that they have continued to ensure that patients were given priority in line with clinical urgency and that those waiting in ambulances were accessed and treated by medical professionals while also acknowledging that it was not the way they wanted to deliver care.
The incident last Friday was so critical that staff was redeployed to help in the emergency department, however, the measure was stood down on Saturday.
Ms Gill George from Defend Our NHS has said that the care provided by the trust was not adequate and fair to the patients who were made to wait several hours before accessing urgently needed treatment.
Helen Morgan, Liberal Democrat MP for North Shropshire, also added that it was not acceptable for people in Shropshire to be left in such a situation which she termed unsustainable. She also acknowledged that it poses risk not only to people’s health but in the most extreme circumstances, risk to life.
Accident and Emergency Negligence Claims are made by individuals who have suffered negligence while at the A&E department of the hospital. Where the A&E department failed in their duty to provide urgent and adequate care to the patients leaving them unattended to and putting their health and lives in serious jeopardy, medical negligence claims can be made.
Most persons brought to the A&E department are in critical condition requiring urgent intervention and when this is not done, they can suffer avoidable injury or complications.
In 2018/2019 year for instance, 13% (1409) of all NHS negligence claims made were against the Accident and Emergency department. This was the highest number of negligence claims against a single department that year.
Furthermore, it received the second highest compensation payout paid by the NHS for claims made against any department. This was £422 million which accounted for 9% of the total compensation payout.
Negligence That Can Lead To Accident And Emergency Claims include;
Delays in attending to patients due to shortage of staff
Misdiagnosis due to pressure (this can be late or incorrect diagnosis)
Delays in commencing treatment due to high demand
Errors in drug prescription or administration
Failing to conduct the appropriate tests or scans for a patient
Failing to make appropriate and timely referrals to specialists
Incorrect interpretation the results of tests, X-rays or scans leading to wrong treatment
Delays is scheduling and carrying out lifesaving operations
Discharging a patient before it is due as a result of influx of more patients
How Can We Help
We are medical negligence solicitors who specialize in cases such as these. Our highly experienced solicitors will ensure that you don’t only get justice but that the claims are settled as soon as possible and you are compensated adequately.
We offer free consultation sessions where we listen to our clients tell us about their ordeals, carefully evaluate the situation and offer proper legal advice. We also go ahead to help our clients provide the needed documents to prove their claims and ensure they get the best legal representation throughout the claims process.
Additionally, we can also secure Interim Payments which can be needed in complex cases which may linger so that our clients wouldn’t have to suffer financial distress but will be able to access the right medical care and get special equipment as may be required for recovery or to help with day to day activities.
Our accident and emergency claims are undertaken on a No Win No Fee basis which allows our clients to make claims without having to worry about legal fees.
In recent news making the rounds, a woman Vicki aged 37 has been teaching her five-year-old son Gethin how to use FaceTime over fears that her mother Mandy Swift will suffer a fourth heart attack.
Mandy Swift, 56, has previously had three heart attacks and therefore, Vicki is teaching Gethin how to raise an alarm in case of any eventuality. The first two of those heart attacks happened while she was living abroad while the third happened after she moved to Denbighshire to be close to her family.
According to British Heart Foundation Cymru, women were more often likely to be misdiagnosed of heart issues because they are not seen to be at a risk of having heart diseases. This is a trend that the Welsh government has said it is trying to change so as to improve care.
Vicki, whose father also died of heart attack at age 42, fears that her mother could have an attack while she is at work. According to her, “Every day on my way to work I give my mum a ring and if she doesn’t answer I panic,”. In order to improve her own prospects, Vicki who also had gestational diabetes when she was pregnant which puts her more at risk of not only developing diabetes but also heart problems has gotten herself a personal trainer at a gym.
She has therefore made a call to improve women’s awareness of the symptoms of a heart attack, as well as their increased risks.
Heart Attack In Women: What Are The Odds?
The British Heart Foundation Cymru report claimed unconscious bias and systemic inequalities in healthcare were leaving women more at risk at every stage to have a heart disease.This is because according to them, women were more likely to be misdiagnosed, less likely to receive optimal care, and struggle to access cardiac rehabilitation. Statistics have shown that about 1,700 women are admitted to hospital in Wales every year with a heart attack while heart and circulatory diseases kill 4,900 men and 4,400 women in Wales every year. Despite this number, the disease is mostly regarded as mainly affecting men hence the bias.
Consultant cardiologist Lena Izzat suggests a high risk of “an epidemic of heart failure and heart disease” unless action was taken. According to her, women often wait longer before calling for help after first experiencing symptoms of heart attack and this delay impacts negatively on survival chances.
A heart attack also known as Myocardial infarction “MI” happens when there is a blood supply to a part of the heart muscle suddenly stops. This can occur when one or more of the coronary arteries supplying the heart is blocked. The more time passes without any treatment to restore the blood flow, the greater the damage to the heart.
Heart attack is so common in the UK that every five minutes, someone suffers a heart attack. Also, studies have shown that about 1.35 million people in the UK have survived at least one heart attack. The survival rate after a heart attack is 70% but there are a number of heart attacks which are either misdiagnosed or diagnosed very late.
There are two main types of heart attack:
ST segment elevation myocardial infarction (STEMI)- where there is a total blockage of a coronary artery
Non-ST segment elevation myocardial infarction (NSTEMI)- where there is a partial blockage of one or more coronary arteries. This type is more common.
Signs And Symptoms Of A Heart Attack
Excessive anxiety
Pain or discomfort which may start in the left or central part of the chest and then extend to the arm, jaw, back or shoulder
Discomfort in the chest, neck, arm or abdomen either with or without exertion
Non-localized pain or discomfort
Shortness of breath or difficulty breathing, sweating profusely, nausea, light-headedness or loss of balance.
Reasons For Misdiagnosis Or Delayed Diagnosis Of A Heart Attack
There are different reasons why heart attack can be misdiagnosed. These include;
Poor patient medical history
Difficult presentation of ailment
Poor or inadequate assessment which may cause symptoms to be confused with indigestion or heartburn.
Failure to carry out proper investigations such as ECG.
Failure to correctly interpret test results.
It is important that all relevant investigations are carried out before giving an all-clear. This is because, about 33% of all heart attack patients do not have chest pain at all and therefore they are at an even higher risk. Furthermore, Symptoms such as blackouts, fainting or breathing difficulty can also be associated with diabetes.
How Can We Help?
Heart Attack is a very serious issue and should be taken as such.
Failure to carry out appropriate diagnosis can;
Leave the patient in severe, and avoidable pain and discomfort.
There is also a higher chance of permanent heart muscle damage and heart failure.
Also, the patient may have to suffer a lengthy recovery period.
There will be increased financial losses and most likely need for special care and equipment for day to day activities
It can also lead to premature death
If you or your loved one has been a victim of any of the above or other similar experiences as a result of negligent heart disease care, you can make a claim.
At MND, we have specialist Medical Negligence Solicitors who have many years of experience dealing and representing clients of heart disease misdiagnosis claims. They have also won hugely satisfying settlement payouts for them. We will stand by you right from the consultation phase till your claim is won and you are compensated appropriately.
We will also assist you in making available necessary documents to win your claims while ensuring that the entire claims process is stress free for you. Our solicitors are friendly, approachable, empathetic and very understanding.
What is more, we undertake your claims on a No win no fee basis where we will only take 25% of your total compensation fee after your case is won.
Reach out to us today by filling out our online Free Claims Assessment Form and one of our solicitors will contact you to set up a meeting at your earliest convenience.
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If you have suffered an injury or illness as a result of medical negligence, you may wish to make a claim for compensation. At this time, you want to rest assured you can work with the right medical negligence solicitor – one that understands what you’re going through and can make a positive impact on your life. At Medical Negligence Direct, our expert medical negligence solicitors can help you get the compensation you deserve.
What is Medical Negligence?
In its broadest form, medical negligence is when a medical professional or institution fails in their duty of care to a patient, leading to injury or worsening an existing condition.
How Do I Know I Have a Claim?
If the medical treatment you have received has directly caused an injury or worsened an existing condition, you may be entitled to a claim for medical negligence. Medical professionals you can claim against include NHS staff, private practice staff, pharmacy staff, dental practice staff, and GP practice staff.
Generally, there is a three-year time limit for claims to be brought; this time limit begins from the date the actual negligence occurred or the date you became aware of the negligent care. However, exceptions exist for:
Children – if the case involves a child, the three-year limit comes into effect on the child’s 18th birthday.
Mental Capacity – If a person lacks the mental capacity to independently make decisions, a time limit does not apply.
The first step to making a medical negligence claim is to contact medical claims solicitors as soon as possible. At Medical Negligence Direct, we work with a panel of expert medical negligence solicitors who will be able to tell you if you have a strong claim and how much compensation you might be awarded.
It is important that you contact us early so we can start working on your case while the specifics are still fresh in your mind. If the medical professional or institution admits responsibility early, we may be able to secure interim compensation payments that will aid your recovery. Interim payments are made before the main settlement to help you offset certain medical and daily living expenses you may be struggling with.
How Much is My Claim Worth?
Every medical negligence case is unique, so the final compensation award you receive will depend on a number of factors, ranging from the severity of the injury you suffered to its effect on your life. You can also make a claim for any expenses you have incurred as a result of the negligent care, including loss of earnings and potential future losses.
How Much Does Making a Claim Cost?
Most claims managed by Medical Negligence Direct are funded via a No Win No Fee agreement. This means, if your claim is successful, the responsible party will take care of most of your legal fees. Even if your claim is unsuccessful, there is no financial risk to you and you won’t have to pay anything. Whatever the case, we will keep you updated throughout the claims process so you know how much you will likely receive.
Contact A Specialist Solicitor Today For A Free Claim Assessment
Our Solicitors are experts in Medical Negligence Claims. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
How Long Will the Claims Process Take?
How long your medical negligence claims process will take to settle will depend on a number of factors. These include the severity of your injury, time taken for evidence gathering, whether the responsible person or body accepts fault, and the length of court proceedings (though most cases are settled before trial). While we strive to settle claims within a few months, more complex cases can take a few years for a settlement to be reached.
This only happens on rare occasions. In most cases, we arrive at a resolution that suits all parties through resolution. So, your case will most likely be settled before it gets to this stage. However, some cases can be complicated, especially when the negligent party or body refuses to admit responsibility. If this happens, Medical Negligence Direct will support you through the process.
Why Choose Us?
At Medical Negligence Direct, we work with the best medical negligence solicitors in the industry. Our medical negligence claims solicitors Liverpool have many years of experience handling loads of medical negligence cases and successfully earning compensation awards for the mistreated. These solicitors specialize in areas including misdiagnosis, birth injuries and dental injuries. We consult medical experts for advice on your care needs, to ensure you receive the compensation that allows you enjoy the best possible quality of life.
We are proud of the experience we have in securing deserving compensation to those who have suffered injuries as a result of medical negligence. We know that beyond receiving a compensation award, you would like to know why things went wrong; you can count on us to help you get the answers and apology you deserve.
Since its launch in 1948, the National Health Service has grown to become the largest publicly funded health institution in the world. It is also arguably the most cost-effective health care system worldwide and only few health services can rival its quality of care. However, patients may still choose to receive medical treatment from private doctors. And like their NHS counterparts, private doctors owe their patients a duty of care.
Breaching this duty of care could be deemed medical negligence and the affected patient may have grounds to make medical negligence claims. If you or your relative has experienced negligent care in a private hospital that has caused you injury, illness or worsened your medical condition, you could be entitled to a claim.
What is Private Healthcare Medical Negligence?
This is when a medical professional treats a patient in a way that is below the accepted standard of care, causing the patient injury, illness or worsening an existing condition. If this fits your experience in a private hospital, you may be entitled to make a claim against the private doctor or institution.
How to Make a Private Healthcare Negligence Claim?
Finding a specialist solicitor is the first step to making a claim against a private doctor. If you have suffered medical negligence in Liverpool, Medical Negligence Direct can provide you with the best medical negligence solicitors Liverpool to handle your claim. We will make your compensation claim against the private doctor who was responsible for your care. This compensation will help you get your life back on track.
How Much Can I Claim for Injuries Caused by a Private Doctor?
If you believe you have a valid claim for private medical negligence compensation, you can use the medical negligence claim calculator below to see how much your award could be worth.
Injury
Amount
Description
Punitive Damages
£1,000 to £275,000
Compensation will depend on severity of the condition
Patient may be aware of condition but may not suffer pain as a result of it.
Loss of a kidney due to error during operation
Up to £39,500
One kidney may stop functioning after surgery.
Death with immediate unconsciousness
Up to £6,400
Death immediately following unconsciousness within six weeks.
Unconsciousness and pain preceding death
£8,370 to £8,500
Severe injuries such as lung damage causing death.
Mental anguish
Up to £3,720
Fear of reduced life or death.
Keep in mind that the figures above only provide a general idea of what the medical negligence payout system looks life; every claim is unique. Contact us today for a free legal consultation if you wish to find out a more accurate estimate of your claim.
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Our Solicitors are experts in A Guide to Claiming Against a Private Healthcare Medical Negligence. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
How Medical Negligence Direct Can Help
If you or your loved one has experienced an injury, illness or the worsening of an existing condition due to negligent care on the part of a private doctor, our medical negligence solicitors can help you make a claim for compensation. Your compensation award will cover the cost of treatment you need or the loss of earning the injury has caused you. It would also cover any medical care you may need in future.
Medical Negligence Direct provides you with the right medical negligence solicitor for your claim. For instance, if a private doctor misdiagnosed your medical condition, we will assign you misdiagnosis claims solicitors to ensure you are in good hands. We also offer you a No Win No Fee service so the process is as stress-free as possible for you.
Contact us today for any inquiries about making a claim against a private doctor. Our team of honest and friendly legal experts will be happy to let you know the strength of your case, and how much payout you can expect.
Most patients are happy with the treatment they receive from healthcare specialists in the hospital. But mistakes occur occasionally, and its consequences can be devastating. If you have suffered physical or emotional injuries as a result of these mistakes, you may have a medical negligence case and be entitled to a compensation claim. Medical negligence solicitors play a crucial role in the preparation of your claim. They are responsible for gathering evidence with medical experts, negotiating your settlement, and ensuring you get the best possible outcome in the end. The more specialized your solicitor is with medical negligence cases, the better. It is important that you choose a specialist firm with the right knowledge and understanding so your claim will have high chances of success.
In choosing the ideal solicitor for your case, here are some factors you should consider:
• Location
It is pretty easy to think that solicitors in your locality represent your best option, but most of these firms either do not offer this kind of service or do so too rarely to be considered industry specialists.
A personal injury firm is not necessarily one that specializes in medical negligence cases. What’s more, distance is no longer a barrier in the handling of litigation as correspondence can be carried out electronically.
• Experience
As a claimant, you want a firm that is experienced in handling this area of law, so you should choose medical negligence specialists. Without a doubt, you will benefit more from working with a solicitor who has significant experience in a specific area of medical law. For instance, if a family member has suffered brain injury due to negligence, you will probably want to work with a solicitor who specializes in handling high-value cases.
Somemedical negligence solicitors have dual qualifications in medicine and law, and this could be an added advantage as they would better understand the technical aspects of your claim case.
• Meeting
Meeting with your proposed solicitor is probably a great idea. Building a client-solicitor chemistry is very important, especially when a case could last many years and even trigger emotions. You probably want a solicitor that understands your plight and communicates with you as a unique individual; or one who is technically gifted and well suited to the challenges of a medically complex case; or a realist who is able to deal with the evolving and challenging legal landscape; or one who, when necessary, has a steely backbone.
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Our Solicitors are experts in How to Choose the Right Solicitor for Your Case. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
• Finance
The economic reality is that solicitors make a living from the service they render, but the increasing competition in this industry means that clients are now expected to pay solicitors from their damages. It is important that you secure a great deal for yourself in the long run, but you must remember that the cheapest deals are not necessarily the best. So, when choosing a solicitor, decide whether you would be willing to let go of some of your compensation in order to optimize your chances of success.
• Independent Verification
A personal recommendation can go a long way in vetting a solicitor. But other sources of information such as legal directories, Chambers and Legal 500 can help. Some solicitors may have eye-catching media profiles, but may not necessarily be right for your case.
Choosing the right solicitor for your medical negligence case can be a challenge. But the tips listed above can help you scale through this hurdle with relative ease. Before making your final decision, do not shy away from questioning the credentials of your shortlisted solicitors. The market is competitive and the case is yours.
Cosmetic procedures like Botox are now more popular than ever.In the UK, thousands of these procedures are carried out in clinics and salons every week.In some cases, Botox procedures are even performed by therapists with little training and experience in clinical practice.
If you have decided to have Botox injection, you expect to be happy with the results after the procedure. Unfortunately, things can go wrong with Botox treatment, even leading to a number of medical complications. If you have suffered an injury as a result of medical negligence during a Botox procedure, you may be entitled to a Botox injury compensation.
Botox, also known as Botulinum toxin, is a drug made from the bacterium Clostridium botulinum. It involves a non-surgical procedure aimed at cosmetically eliminating wrinkles by paralyzing the muscles temporarily. The goal is to achieve a tighter and wrinkle-free skin.
Botox procedures should only be carried out by fully trained and qualified professionals as problems could arise if administered incorrectly. It is important that treatment is administered safely and in a clean environment, in order to avoid an infection, injury, or even a life-long illness.
Some patients may suffer flu like symptoms and some discomfort after the procedure, but these are relatively temporary. It is important to note that it can take between three and five days for the results of the Botox treatment to become visible, and up to 2 weeks before its effects are felt.
Botox Medical Negligence Claims Process
Determine who is responsible for an injury you suffered is an important part of a Botox medical negligence process. In most cases, it is the practitioner who administers your treatment that is liable for any injuries sustained, if you can prove that they failed to provide reasonable level of care. A medical professional has a duty of care to prioritize the health and safety of the patience. Thus, it is their responsibility to ensure that patients, based on their medical history, are eligible for this procedure before it is carried out.
How Much Can I Claim for Botox Injury?
Some websites provide compensation calculators for patients who have sustained injuries during a Botox treatment. However, these calculators only give an estimate of the amount you could receive, and not an exact figure. This is because every case is unique, and a number of variables are considered for each medical negligence case.
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The table below shows the average compensation amounts for a number of injuries commonly sustained after a Botox treatment.
The compensation value depends on the level of pain and suffering experienced by victim.
Loss of earnings
£5,000-500,000
The compensation value depends on the actual income lost. A claimant may receive higher than the average payout in some cases.
Loss of expected earnings
£10,000-£400,000
You can file claim for anticipated earnings which will depend on your future potentials.
Psychiatric damage
£1,170-£88,000
Depends on how much the injury impacted the psychology of the victim.
Eye injuries/loss of sight in one eye/total blindness
£3,000-£204,000
From minor injuries like splash from liquids to total loss of sight, there can be huge compensations for this damage.
The payout will obviously depend on the affected area in which the Botox treatment was administered. However, as the table above shows, compensation claims can still be made for psychiatric or psychological damage. The table also shows that you can may still be entitled to make a claim for special damages related to lost income. In certain cases, the impact of special damages can be huge.
Proving Medical Negligence in Botox Injury
Botox injury compensation claim is not always as straightforward as other medical negligence claims. Here, the claim process considers two scenarios: the blatant negligent care with regards to administration and treatment and failure of the treatment company to deliver on certain promises made. This may also include the failure to explain certain allergic reactions and side effects that could arise prior to the procedure.
Due to the complex nature of this process, it would help you a great deal if you have proof of what was promised, as well as the treatment process and the warnings given by the practitioner prior to the procedure. Do not be discouraged by ridicule from misinformed persons if the treatment goes wrong. Once you have evidence relevant to the treatment, including photographs (where possible), injuries, and additional treatments required, you should contact a medical negligence solicitor to begin your claim for Botox injury compensation.
Congenital hip dysplasia is a birth defect caused by the abnormal development of the hip joint in such away that the upper end of the thighbone is unbalanced in the socket (known as acetabulum). The severity of this medical condition varies from mild to severe – in mild cases, the ball is held loosely in the hip socket, but in extreme cases, the thighbone is completely displaced at birth.
Without timely and adequate treatment of congenital hip dysplasia, the condition will worsen as the child becomes more active.
If it is not detected promptly and your child is a victim of congenital hip dysplasia, you may be entitled to make a medical negligence claim if the condition has been caused by failure of a medical professional to carry out the necessary diagnosis. Factors that Could Cause Congenital Hip Dysplasia Claims
Some of most common reasons that cause congenital hip dysplasia claims include: * Lack of trained and experienced professionals to recognize the condition * Staff shortages * Delivery in breech position or under conditions that affect the baby’s position in the uterus * Failure to adequately access a newborn * Failure to investigate the medical history of the family
Why Should I Make a Congenital Hip Dysplasia Claim?
Making a claim for congenital hip dysplasia due to medical negligence is an important step for a number of reasons. You deserve a compensation if your child is injured due to the negligence of a medical professional. A congenital hip dysplasia claim can earn you the compensation you need to take care of your child’s medical needs as well as recover lost earnings.
What’s more, your claim will also highlight the negligent care provided by the medical professionals at NHS or any private healthcare experts. This can protect other babies from suffering the same medical damage, which your child has experienced.
When Can I Make a Congenital Hip Dysplasia Claim?
It is important that a correct congenital hip dysplasia diagnosis is made in a timely fashion, as delayed diagnosis of this condition can lead to severe long-term and even lifetime consequences. If hip dysplasia remains unobserved and untreated over time, the thigh bone could be displaced altogether from the hip socket as the child develops.
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If medical professionals still fail to observe the condition until the child can walk, permanent damage may occur. The child may experience constant discomfort, pain, difficulty walking, and reduced agility. If you believe that there was a delay in the diagnosis of your child’s hip dysplasia due to the negligence of a healthcare professional, you may be entitled to make a congenital hip dysplasia claim.
How Much Compensation Can I Get for Congenital Hip Dysplasia Claim?
A range of factors are considered before compensation is awarded in congenital hip dysplasia claims. These factors include the severity of the injury on the child, financial losses, effect of the injury on the life of the child’s loved ones, as well as whether the injury was caused as a result of medical negligence. A medical negligence solicitorcan advise you about the potential value of your claim, and provide an estimated fee based on the different factors involved in the case.
Is There a Time Limit for a Congenital Hip Dysplasia Claim?
Yes. If your child has suffered congenital hip dysplasia due to medical negligence, you are required to start the claim process within 3 years from when the incident occurred or when you realized that the injury was a result of the negligence of a medical professional. As the parent or guardian of the child, you can make a medical negligence claim until the child is 18; when the child attains this age, you’d have 3 years within which you can claim compensation if you are yet to do so.
We always recommend that parents start the congenital hip dysplasia claim process as soon as the incident happens. At this time, the events are still fresh in your mind, it will be easier to collect evidences and build a strong claim for congenital hip dysplasia. The sooner you reach out to a medical negligence solicitor for help, the better. Pregnancy and childbirth are special moments in the life of any parent. However, for this process take place without any complications,
it is important that medical professionals apply extra care and remain vigilant throughout. If you believe the medical professional responsible for the birth of your child failed in their duty of care which has resulted in congenital hip dysplasia, you can make a claim. Compensations is the least you deserve to ensure your child receives the best possible medical care for a
happy and satisfying life.
Every mother is entitled to best possible care before, during and after childbirth. The good news is that modern medicine has made the childbirth process pretty easy and safe. Unfortunately, mothers still suffer birth-related injuries that could have life-long physical and psychological consequences. If you are a mother who has sustained a birth related injury due to medical negligence, you may be entitled to claim compensation.
How Do I Know the Injury Was Caused by Negligent Care?
There are inherent risks to every medical procedure. Certain complications may arise unexpectedly – issues that aren’t caused by medical professionals and cannot be changed by them. However, there is a huge gulf between unavoidable birth injuries and those that could have been prevented. These kinds of injuries arise when a healthcare professional fails to comply with medical procedure or recognize suggestive signs of an expectant mother’s distress during the childbirth process.
There are a number of cases where negligence by the medical professional responsible for your care during childbirth can lead to injuries. In cases like these, you may be entitled to claim compensation for your pain. Some of the instances where medical negligence can result in birth injuries to mother include:
Ventouse Delivery / Forceps Delivery Claims A ventouse or forceps apparatus is commonly used to assist women who struggle with “spontaneous” delivery. Doctors use these instruments to ensure a relatively easy delivery process. However, it is important that they apply appropriate skills, and pay adequate attention throughout the process to avoid any harm. When a member of staff is not properly trained to handle these instruments, and cause injuries during its use, a mother can make a forceps delivery claim.
Episiotomy Claims
It is the duty of a doctor to recognize potential difficulties during birth, and take necessary action. A doctor may perform a surgical cut known as Episiotomy, a cut at the opening of the vagina, to allow easy for passage of the baby. If a medical professional fails to recognize the necessity of this procedure and the mother sustains injuries to her vagina (even leading to second or third-degree tearing), there may be grounds for Episiotomy claims.
There could also be injuries around the anus area, and both forms of injuries can cause discomfort and complications. So, you could still make Episiotomy claims if the procedure was undertaken but carried out in a negligent manner.
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Our Solicitors are experts in Birth Injuries to Mother Negligence Solicitors. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
Pre-Eclampsia Claims Pre-eclampsia is a condition in which an expectant mother retains excess levels of protein in the blood, accompanied by swelling in the extremities and other symptoms like nausea. Though the only real cure for this condition is the delivery of the baby, this may be impossible if the pregnancy is at its early stages. This means that the mother must be closely supervised to monitor the symptoms and avoid critical danger. You may be entitled to a pre-eclampsia claim if the condition wasn’t diagnosed or was not managed properly.
Caesarean Section Claims
Caesarean sections could be planned for ahead of delivery or performed as an emergency procedure. In either case, a medical professional can make mistakes, potentially giving the victim grounds to make a C section claim or surgical error claim. It is the duty of a doctor to remain alert at all times in order to avert extreme situations like infection and blood clotting or excessive bleeding in the mother. Failure to do this can cause problems for future pregnancies and even lead to long-lasting suffering.
Maternal Diabetes Claims
This condition can cause lots of discomfort and stress for an expectant mother if not properly taken care of by a medical professional. Sometimes, maternal diabetes can lead to defects in the brain and heart of the baby, or even miscarriages.
Negligent Stitching Claims
A medical professional must still repair a stitched area, even when the incisions where done properly. Referred to as suturing, this process must be performed promptly in order to prevent the risk of injuries or infections.
Claims for Retention of Instruments of Conception
Mothers react differently when there is a miscarriage, and some of these reactions can be potentially dangerous. There may be rapid contraction of the uterus if the placenta fails, in order to eliminate obsolete tissues. This can cause bleeding and extreme pain, and medical experts must carefully manage this situation.
Where this isn’t the case, the mother may experience unnecessary suffering, and may be entitled to make a claim for compensation.
These claims are only a picture of an exhaustive list of birth injury claims a mother can make if a medical professional acted in a negligent manner during the childbirth process. If you as a mother have suffered injury due to medical negligence, we recommend you seek the advice of a medical negligence solicitorabout your chances of making a claim.
If you are unsure about whether you have a medical negligence case after an injury, you are not alone. Many people are faced with the same dilemma. While some medical negligence cases are pretty straightforward, others can be complicated by issues bothering on informed consent, among other legal and medical obstacles.
This article discusses the major factors that determine whether or not you can file a claim for medical negligence.
Does a Bad Outcome Equal Medical Negligence?
Modern medicine and technology are affording people healthier and longer lives by providing treatments for ailments that literally had no cure in the past. However, this is no guarantee that a particular treatment or procedure cure a patient’s health issue. In fact, despite the best efforts of a medical professional, medical procedures can still go wrong.
Sometimes, it is impossible to foresee complications arising from the use of routine procedures. Truth is, if medical practitioners were held liable each time there are undesirable results, medical practice will be nearly impossible with the constant legal battles that ensue.
When Does Medical Negligence Actually Occur?
Medical negligence happens when there is failure on the part of a medical professional to provide treatments and procedures that meet the standard care expected of a reasonably skilled and competent healthcare professional, with a similar qualification, would have provided.
If the above definition feels complex for your situation, that is because it is. In most medical negligence claim cases, both parties are required to hire the services of “expert witnesses” to explain to the jury what standard of care was expected of the medical professional, and whether this care was provided or not.
These expert witnesses must be experienced in the field they are testifying to the jury about. Still, asides clear-cut cases, trying to predict whether a healthcare professional acted negligently in the eyes of the law can be tricky, as there is no straightforward formula since the jury has to decide after listening to the expert witnesses on both sides.
If you are still trying to determine whether or not you have a medical negligence case, one of your best options is to reach out to a doctor who can honestly assess your doctor’s performance. If you do not have this kind of access to a doctor willing to take risks in a case tending towards character assassination, your next best bet is working with a reputable plaintiff’s medical negligence solicitor.
Common Ways a Doctor Negligently Breaches Duty of Care
There are a few clear-cut cases where the average person knows that a medical professional has acted negligently. These include:
Failure to inform a patient about the significant risks associated with a treatment or procedure with over 5% of occurrence.
Lack of informed consent in a non-emergency procedure.
Operating on the wrong spot or even the wrong patient.
Missed or delayed diagnosis.
What Are Your Chances?
If you are a potential medical negligence claimant, it is only ideal that you try to know your chance of winning your case beforehand. The facts of the situation you face are already constant; you did not create or choose your preferred medical negligence case. So, forming an objective list of the type of medical negligence cases in which you have high chances of winning will do little to help, when it is only your potential claim that matters to you.
That said, the types of medical negligence cases that give you huge winning chances are those in which the issue of fault is clear and cannot be disputed. In this case, the patient must have been injured as a result of a situation that should have been avoided.
But on the flip side of the coin, it is much tougher to come out victorious is a medical negligence case where the patient has clearly suffered an injury, but the defendant’s liability presents a tricky prospect. Remember that medical negligence does not occur just because a patient ends up with an unfavorable outcome from the treatment. In medical negligence cases in which both parties have conflicting opinions on the liability, the winner typically comes from the side with the medical expert witness who has presented a better case before the jury.
The Role of Statue of Limitations in Strong Medical Negligence Cases
In order to protect healthcare professionals from excessive legal cases and manage the costs of medical liability insurance,certain rules are enforced for medical negligence cases. The shortened nature of “statue of limitations” is, by a mile, the rule that impacts most cases. For instance, your case may be thrown out the court’s door if the negligent act occurred, say, four years ago, even if you only discovered its impact much later.
Your Role in A Medical Negligence Case
As part of a litigation process, it is your duty to prove that you are entitled to a compensation. This means that you are able to establish each element of the claim by providing superior evidence. The elements that a claimant must establish in a medical negligence case include:
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Doctor-Patient Relationship
The claimant must be able to demonstrate that there was a doctor-patient relationship. While this may feel like a pretty straightforward process, sometimes this aspect of a medical negligence case can be complex. If, for instance, a medical professional talked about a procedure to guests at a party and a patient applied the treatment based on those comments, he or she will barely be able to prove that a doctor-patient relationship existed. Even if the healthcare professional was consulted but did not directly apply such procedure on the patient, it may be impossible to prove that the requisite relationship did exist.
Proof of Negligent Care
As with every medical negligence case, the claimant must be able to demonstrate that the medical professional acted negligently. As noted above, medical injuries could arise as a result of other factors outside of the control of the healthcare provider. While negligence is apparent in some cases, you may be required to prove that a healthcare provider deviated from the duty of care in other cases.
Causation
Establishing causation in medical negligence cases can be especially difficult because most patients who seek treatment have an existing ailment. Hence, defendants in a medical negligence case typically claim that the patient suffered a pre-existing injury rather than one that was caused by the medical professional. Other factors also play a role in an injury, so even if a patient died while a medical procedure was administered, it can be difficult to determine whether the death would have occurred if there was no negligence on the part of the doctor. This aspect of a medical negligence claim is one that would need the assistance of a medical expert.
Damages
Even if the healthcare provider did act negligently, there would be no compensation if the claimant cannot prove that he or she suffered harm in some way. This, in legal jargon, is known as damages. Patients who have suffered injury may suffer damages that include extra medical costs to fix the damage caused by the negligence of the medical professional. It may also affect the earning capacity of the patient, and even cause pain and mental anguish. If the injured patient can establish these elements, he or she way want to make a claim for medical negligence.
Legal Analysis
If you have been injured as a result of negligent medical care, you may want to consult with a medical negligence solicitor. This type of lawyer can help you break complex legal terms down and advice whether you can establish the elements needed for a medical negligence case. A medical negligence solicitor may also be able to retain the help of a medical expert who can help strengthen the claim, and explain to the jury how the actions of the medical professional involved resulted in an injury.
It is important to note that even though large aspects of the claim will be based on the expert witnesses and evidence provided, having an experienced medical negligence solicitor means you have one who can help rebut the defendant’s testimony. Being able to negate the testimony of the other party plays a key role in the outcome of the case. It is very likely that the defendant will hire a solicitor who has experience in defending medical negligence claims. Having one in your team makes for a level playing field.
The effects of medical negligence can be frustrating and even catastrophic for a victim, especially if the injury sustained as a result of negligent care has completely disrupted your life. Medical negligence happens when a healthcare provider causes avoidable harm. When the duty of care owed a patient has been violated, you may be able to make a medical negligence claim. But how much could this claim be worth?
If you have been injured as a result of medical negligence and are unsure about the value of your claim, you are not alone. Victims are often in a dilemma when it comes to medical negligence claims because predicting exactly how much you will receive as compensation for your claim is impossible. It is common for victims and families to think that certain injuries attract specific compensation amounts, but in reality, the type and degree of injury, pain, recovery time and financial impact on the family are taken into account.
Keep in mind that even a medical negligence compensation calculator cannot provide perfectly accurate amounts since every case is unique. However, it can give you an idea about how much compensation you may receive for your case.
What Are the Specifics You Can Claim for in a Medical Negligence Case?
Before your medical negligence solicitor can tell you how much compensation to expect, they will gather relevant evidence needed to prove that the healthcare provider acted negligently, and this negligence has caused you injury. Payments for compensation are largely divided into two parts, and they are calculated separately.
General Damages
General damages consider the physical implications of your injury, that is, the degree of injury sustained as well as the pain and suffering you have endured. There are industry-wide guidelines that medical negligence solicitors and judges use to map out medical negligence compensation amounts for different injury types. The Judicial Studies Board (JSB) annually updates these figures to align with the most recent claims and compensations amounts.
However, legal and medical experts work with a compensation range when trying to work out claim amounts for victims. For instance, a person who has sustained a head injury can expect to receive in excess of £200,000, and possibly more, depending on the extent of injury and the impact on the victim’s quality of life. Whereas, one who has suffered minor injuries such as scarring or superficial burning may be able to claim no more than £5,000.
Special damages consider the financial impact on the life of the victim who has suffered medical negligence. In most cases, the victim may not be able to resume work for a period of time after the incident since he or she may need some time to recover fully. Special damage compensation is designed to cover the money lost within this period. These damages include cost of medication, travel cost to and from medical appointments, accommodation adjustment costs. The special damages list could also include many other financially related factors, depending on the case presented before the court. The goal of this compensation is to get the victim back to the life he or she lived before the incidence, ensuring they are as comfortable as possible.
Medical Negligence Compensation Claims Breakdown
Reason For Claim
Average Compensation Amount
Description
Chest Injury
£66,000 to £100,000
Severe injury to the chest, lung or heart. This may lead to the removal of lung.
Brain Injury
£185,000 to £265,000
Severe damage to the brain with little chance of recovery.
Pelvic and Hip Injury
£51,000 to £86,000
Severe injury to the hip, back and internal organs, as well as recurring pain. Lifelong disability that may cause sexual dysfunction.
Shoulder Injury
£12,500 to £32,000
Shoulder injury affecting the neck, leading to disability and restricted function.
Arm Injury
£65,000 to £200,000
Amputation of one elbow below the arm or one arm above the elbow; amputation of one or both arms.
Hand Injury
£30,000 to £130,000
Disfigurement or amputation of some fingers; loss of function. Loss of one or both hands.
Leg Injury
£55,000 to £180,000
Amputation of an arm below the knee or loss of one leg above the knee. Amputation of both legs under the knee; total loss of both legs.
Ankle Injury
£22,000 to £55,000
Pain and limited stability; soft tissue damage, ankle fracture disfigurement and potential vulnerability in future.
What Can You Claim if Death Occurs Due to Medical Negligence?
As is the case with any victim in a medical negligence case, compensation can be claimed for general damages, special damages, medical expenses, travel expenses, and when there is death, funeral expenses. However, trying to estimate the payout value for medical negligence cases involving death can be complicated. The following compensation guide table gives you an idea about what to expect in a medical negligence case, depending on the severity level.
While the figures in this guide are not cast in stone especially as they may not apply to your case, it helps you understand how certain medical conditions and certain levels of severity can impact the final compensation amount.
REASON FOR CLAIM
AVERAGE COMPENSATION AMOUNT
DESCRIPTION
Death (baseline)
£12,000 to £300,000
An all-inclusive figure rolling different compensation types into one.
Death (unconsciousness after a brief period of awareness)
£8,000 to £10,650
Severe injuries leading to full unconsciousness within 3 hours, and ultimately death within 2 weeks.
Death (unconscious death within a week)
£1,050 to £2,125
Severe injury leading to sudden loss of unconsciousness, and death within a week.
Death (full awareness)
£15,950 to £18,100
Full awareness of current condition despite severe injuries; death within 2 weeks.
Death (unconsciousness within 6 weeks)
£6,400
Severe injury leading to a sudden loss of consciousness; death within 6 weeks.
Mental anguish
£3,500
Mental stress, worry and trauma as a result of impending death.
Pain and suffering
£1,000 to £200,000
Depending on the victim’s degree of suffering.
Loss of earnings
£10,000 to £400,000
Compensation to cover the victim’s actual loss of earnings.
Punitive damages
£1,000 to £275,000
Could be even higher in certain cases.
Loss of benefits
£5,000 to £500,000
Compensation to cover the victim’s actual loss of benefits.
Funeral costs
£3,000 to £10,000
Could be even higher in certain cases.
Loss of companionship and care for family members
£2,000 to £100,000
Compensation to cover suffering endured; could be even higher in certain cases.
How to Claim Compensation for Medical Negligence?
Contacting a medical negligence solicitor is the first step in a successful compensation claim. The solicitor will help you determine whether you have a have the legal right to request compensation, and ascertain whether the negligence caused your injury.
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Our Solicitors are experts in How Much Could My Medical Negligence Claim Be Worth. You can contact them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
If there is ground to establish a medical negligence compensation claim, your solicitor will help you gather evidence to prove negligent care as well as demonstrate the impact the injury has had on your physical and financial life. Your solicitor will also notify the other party of your desire to request compensation so they can make their own findings and conduct research.
It is also the duty of your medical negligence solicitor to negotiate with the legal team representing the other party to ensure an agreement is reached on a fair compensation amount. If the other party refuses to accept liability or does not wish to compensate you appropriately, your solicitor may recommend that your claim be submitted to a court where the evidence from both sides can be reviewed by a competent judge, before a legally binding verdict is made.
When your compensation claim is successful, you also agree that you cannot request further compensation if, in future, the impact of the injury worsens or you believe you are now entitled to receive more value for your compensation claim. As a result, it is important that you speak with your medical negligence solicitor before you accept any compensation offer, especially if this offer was not made through your attorney.
As no two medical negligence cases are the same, the amount of tax charged on a compensation amount will depend on individual circumstances.
How Long Does a Medical Negligence Case Take?
Each medical negligence case is unique. As a result, the length of the claim process can depend on a range of factors, including whether the other party has admitted liability and the complexity of the claim case. Your medical negligence solicitor will advice guide you through the claim process, and further advice you on how long they think your claim case will take.
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