We are very conscious of the fact that in the UK we are lucky to have one of the finest health systems in the world thanks to no small part to the hard-working professional medical and support staff. Unfortunately sometimes things go badly wrong leaving you baffled and bewildered. We are here to help you put your life back together again. In practical terms we will among other things help you get rehabilitation as soon as possible, and we will help alleviate your financial worries that you may have now such as help with paying the mortgage, household bills, council tax, etc.
‘Medical negligence’ refers to situations where medical intervention in the treatment of a patient has caused harm to the patient.
Medical providers owe a duty of care to their patients. Within the National Health Service (NHS), it is the medical practitioner’s employer, normally an NHS Trust, rather than the individuals themselves which are deemed to hold this duty of care.
The Government has founded a centrally funded pool of resources to cover any successful compensation claims made against the NHS. These claims are contested on behalf of the Secretary of State by the NHS Litigation Authority (NHSLA). Any claims against GPs and other primary care professionals are dealt with by a number of medical defense organisations, and not by the NHSLA.
A growing number of medical negligence cases are reported every year. According to the NHSLA Annual Report and Accounts for 2012 there have been 14,171 claims closed, which is 13% more than 2011 and 40% higher than 2009. The average time to resolve a claim currently is under 16 months.
If you suspect you have suffered injury as a result of medical negligence contact Compensation Solicitors Online and we will help you put your life back together.
TYPES OF MEDICAL NEGLIGENCE CLAIMS
It is possible to make a claim against anyone providing service below the required professional standard of care. Some examples include:
Accident & Emergency Negligence Claims
Amputation Negligence Claims
Anaesthetic Errors Claims
Birth Injury, Pregnancy and Gynaecology Claims
Brain Injury Compensation Claims
Care Home Negligence Claims
Cerebral Palsy Claims
Cosmetic Surgery Claims
Deep Vein Thrombosis (DVT) Claims
Defective Medical Products, Drugs or Medicines Claims
Dental Negligence Claims
Elder Abuse Claims
Erb’s Palsy Claims
Eye Related Claims
Facelift Surgery Claims
Fatal Claims and Inquests
General Medical Problems Claims
GP and Community Health Negligence Claims
Hospital Acquired Infection Claims
Hospital Negligence Claims
Infection Damage Claims
Medication Prescription Negligence Claims
Mental Health Claims
Nerve Injury Claims
Pressure Sore Claims
Spinal Injury Claims
Surgery Negligence Claims
Third Degree Tears Claims
Weight Loss Surgery Claims
CANCER MISDIAGNOSIS CLAIMS
The NHS’s cancer services are among the best in the world and they have greatly improved through the past 20 years. Unfortunately, despite our medical practitioner’s best efforts sometimes misdiagnosis of cancer may happen.
This may be by way of receiving a positive cancer diagnosis when in fact you are not suffering from the disease at all, which may undoubtedly and unsurprisingly bring you great anxiety and depression.
Even worse than the above, however, is a scenario where your tests show negative results when you in fact suffer from cancer, or your medical practitioner fails to diagnose you correctly. Prompt and adequate treatment is vital in cases of cancer patients and a delay in diagnosis may and will in most cases make the difference between life and death.
The particular effect of the delay will of course depend on its length, the type of cancer and how aggressive the tumour is. In any event, no matter what the cause of the misdiagnosis, the consequences can be devastating.
The test for establishing a successful claim is what, on the balance of probability, would have been done differently with an earlier diagnosis, and whether earlier treatment would have made a difference to the outcome.
Cancer refers to a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body.
Most cancers have multiple possible causes so it is almost impossible to determine the cause for cancer in any individual. Around 90-95% of cases are due to environmental factors, such as tobacco (25-30%), diet and obesity (30-35%), infections (15-20%), radiation (up to 10%), stress, lack of physical activity, and environmental pollutants. The remaining 5-10% are due to inherited genetics.
Most cancers are initially identified though the appearance of signs or symptoms or through screening. Possible signs and symptoms for which your medical professional should look out for include:
The presence of an unusual lump in the body;
Changes in a mole on the skin;
A persistent cough or hoarseness;
A change in bowel habits, such as unusual diarrhoea or constipation;
Difficulty in swallowing or continuing indigestion;
Any abnormal bleeding, including bleeding from the vagina, or blood in urine or faeces;
A persistent sore or ulcer;
Difficulty passing urine;
Unexplained tiredness or fatigue;
Skin changes such as unexplained rash or unusual texture;
Unexplained night sweats;
Moreover, symptoms for some particular types of cancer may include the following:
Lymph nodes cancer:
Spinal cord compression.
Cancer screening is done in an effort to recognise cancer after it has formed, but before any symptoms or signs occur. Your medical practitioner can perform cancer screening by physical examination, blood or urine tests, or medical imaging.
Once a diagnosis of cancer has been made (whether on time or delayed), adequate cancer management is essential in increasing your chances of recovery. There are various treatment options, such as surgery, chemotherapy, radiation therapy, hormonal therapy, targeted therapy and palliative care. The most appropriate type of treatment depends on the type, location and grade of the cancer. Moreover, the patient’s health and wishes should be taken into consideration.
In simple terms, this is a step-by-step outline of how your medical negligence claim will progress:
1. Contact Compensation Solicitors Online for a free assessment of your claim. We will arrange for an initial screening of your claim with a specialist barrister and/or medical expert. If we believe that you have grounds for a claim, we will be happy to represent you on a No Win – No Fee basis (CFA).
2. You should try to collect all the evidence which proves that a medical professional is to blame for your injury.
3. You should keep a record of all your medical documents (medical bills, doctors’ appointments, prescriptions, payment receipts). This will be used to prove your medical negligence injury and any related financial losses.
4. We will then instruct a medical specialist in the field related to your injuries to examine you. The information we obtain from the expert will be used for the purpose of showing that the person who has treated you has in his/her actions fallen below the professional standard of care, i.e. if a competent doctor were in the same situation, they would not have made the mistakes which led to your injuries. Furthermore, the expert will set out in his/her report your injuries and describe what the future holds as to your recovery or continued disability. This will be relevant when calculating your compensation value.
5. We will analyse all the information and draft a letter of claim and send it to the relevant insurance company/NHS trust. This letter will outline how the team was negligent and how this caused you to suffer your injury.
6. If the negligent party admits liability, we will try to settle your claim out of court and obtain the best compensation for your injuries.
It is our priority to ensure that you get the right medical/rehabilitative treatment as quickly as possible. This can make a real difference in your life.
Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the incident/breach or date of knowledge of incident/breach, otherwise they will be time barred and you will no longer be able to pursue your claim. There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits. You can still pursue a claim for personal injury after the third anniversary of the incident: you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.
If you are a minor at the time of the accident, i.e. under 18 then the 3-year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3-years limitation date period to run from the date of knowledge of the incident. These rules normally apply to medical negligence cases where there may be a long latency period between the incident giving rise to your claim and your first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a No Win – No Fee basis (also known as a Conditional Fee Agreement).
According to the NHSLA Annual Report and Accounts for 2012, the average time to resolve a claim is under sixteen months.
There are two parts to any compensation claim, consisting of two types of damages:
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.
Special damages are the more variable part of the compensation and depend on individual circumstances. You may be able to recover:
Expenses relating to the cost of living with any disability;
Expenses to cover services provided by other people;
Increased accommodation costs;
Loss of earnings;
The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of medical negligence.
MAKE A CLAIM
If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.
WHY COMPENSATION SOLICITORS ONLINE?
Compensation Solicitors Online is a successful, well-established firm of solicitors that specialise in obtaining compensation for our clients. We are reliable and we have been running for over ten years.
We pride ourselves with frequent recommendations from our existing clients. This is due to the straightforward and professional manner in which we deal with our clients and their cases.
Moreover, our specialists in the area of Medical Negligence deal with such cases on a day-to-day basis. We possess the necessary experience and expertise to provide the best quality advice and support for you during your claim.
Contact us today and join the hundreds of satisfied clients whom we have helped in conducting their Medical Negligence and Personal Injury claims and obtaining thousands of pounds of compensation for them.