Medical Negligence Claims Review

Keep Your Chances Of Developing Deep Vein Thrombosis To A Minimum

2012-05-19T09:55:00.002-07:00

Deep vein thrombosis (DVT) is a blood clot that forms in a deep leg vein. These deep veins are found in the calf & thigh muscles and are blood vessels just below the skin. Blood clots can be serious as they can get stuck to the vein wall.

When suffering from DVT Pulmonary embolus can also be a problem. Pulmonary embolus occurs when some of the blood clot travels through the bloodstream on the way to the heart but gets caught in a blood vessel going to the lungs. Although this is fatal, it only occurs in a small percentage of those actually suffering from deep vein thrombosis (DVT).

Some people are more at risk to developing blog clots than others. The following may increase the chances of getting deep vein thrombosis:

* If you are immobile this slows down the blood flow in your veins which means that you are more likely to have a clot than someone with normal blood flow

* Travelling for long periods of time in cramped conditions

* An operation which is longer than thirty minutes can cause the blood flow in the legs to be very slow

* Contraceptive pills or hormone replacement therapy includes oestrogen which can cause blood to clot easily

* Already damaged veins

* If you already suffer from a condition which causes problems with veins

* Suffering from cancer

* Pregnancy

* Obesity

There are preventative steps that can be observed to limit the chances of suffering from deep vein thrombosis. Ensure you exercise your calf and foot muscles regularly, drink plenty of water, abstain from taking sleeping tablets and cut down your alcohol intake. In addition, there are elastic compression socks available which apply slight pressure to stop the blood pooling in the calf.

Heparin injections can be administered before long-haul flights if you believe you have a high chance of blood clots. Also seek advice from a doctor if you have suffered from deep vein thrombosis or pulmonary embolus to ensure you are not putting yourself in a situation where you are at risk. If you ever have leg pain, swelling or tenderness of leg tissue then contact a physician straight away so that it can be treated early. Good luck!

The Six Cases Of Seriously Wrong Medical Negligence

2012-03-08T14:02:00.004-08:00

Nearly every human being will experience fear and worry when under-going surgery but worrying about medical negligence is something we don't really ready ourselves for. Obviously we trust the professionals and believe & hope that they will look after us by doing good work on us. However for some this is not always the case:

A young Oregon couple paid a lot of money to have an artificial insemination procedure carried out. An extreme case of error meant that the clinic inseminated a woman who was not his wife with his sperm. The woman who received the insemination had requested an anonymous donor which means the sperm donor cannot visit the resulting child.

A woman from Dallas who visited her local hospital for a routine appointment and was left deaf. The treatment involved was antibiotic therapy via IV in order to treat diarrhoea. Unfortunately the IV was left in for much longer than the recommended time which resulted in the antibiotics damaging nerve cells in the ears. The doctor had realised the IV had been in for too long but apparently failed to remove it.

A UK male resident visited the doctor complaining of chest pains. He was promptly diagnosed with lung cancer and had his lung removed. However it was later revealed that the patient did not suffer from lung cancer and had therefore had a healthy lung removed. The patient is now left frail and exhausted most days.

Now to an extraordinary case of a ninety minute liposuction procedure that lasted six hours! The surgeon Dr. Loren Borud was performing this procedure on a patient and had fallen asleep mid procedure! The doctor's colleagues were all too familiar with his issues with staying awake but the procedure was still allowed to go ahead. Borud has since been sacked.

When having surgery you usually know what to expect when you wake up. Unfortunately this was not the case for one young man in Vancouver, Canada. After under-going a liver transplant he woke up with a bandage on his shoulder. The doctors told him he had gone into arrest in the surgery and was rushed to emergency surgery where disinfectant alcohol on his neck and shoulder caught fire. To add insult to injury his liver surgery failed!

Removing the wrong leg is a pretty severe mistake and unfortunately was the horror endured by a Tampa resident. The surgical team only realised their mistake half way through the procedure and it was too late to reverse. The victim was awarded $1 million in compensation but it still won't bring a leg back.

Now, medical / clinical negligence is very serious and it appears that cases of negligence will always be around so be prepared - always try to check out the history of your doctors to make sure you are being treated by a good professional at the very least..

Facts Of Medical & Clinical Negligence

2012-02-17T11:59:00.001-08:00

When the GP that is treating you or someone close to you fails to give you or them the level of acceptable care then you may have grounds to accuse him of medical negligence. If you have experienced such a traumatic event then you can file for medical negligence compensation.

It has been acknowledged that some of the most common acts of medical/clinical negligence are: failure to diagnose & evaluate, misdiagnosis of the medical condition, failure to give standard of care, holdup in treatment and diagnostic plus finally failure to receive consent from the patient in order to actually perform a procedure. There are lot of different medical negligence claims that can derive from these actions. Seemingly, the most common medical negligence claims present in courtrooms are: birth injuries - complications, infant death, cerebral palsy and brachial plexus injury; failure or late diagnosis; untreated fractures; surgical errors - removing the wrong limb is considered a medical negligence and can be pursued under the law; hospital cleanliness and sanitation.

If you have been a victim then you can be sure that you are qualified to make medical negligence claims. Due to Medical law being so complex, it is best practice to seek professional legal assistance should you want to make a compensation claim. The legal representative must be someone that is qualified in the practice of medical law. It makes sense right?

Three of the main types of mandatory compensation that are included in medical negligence are: compensation for medical expenses for the present and the future; compensation for loss of wages and earnings; pain and suffering and punitive damages.

Making negligence claims against a hospital institution can be a difficult, stressful and time-consuming especially since you will most likely have to go against a team of lawyers working for the hospital side. However with the right legal representation and your strong case grounds you can succeed in receiving the right compensation. Yes it is complex and yes it is stressful but don’t back down. If you have been aggrieved in this way then you should fight to receive some kind of satisfaction.

Refrain from talking to any of the hospital representatives and ask your lawyer to take care of this for you. When you have the right assistance then you are surely going to prove your case. Good Luck!

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Poorest Families To Be Hit The Hardest As Legal Aid To Be Removed As An Option From Medical Negligence Claims

2012-02-07T10:39:00.000-08:00

A medical safety charity has disseminated a judicial review proceeding brought against the government's Legal Aid Sentencing and Punishment of Offenders Bill, which if passed could mean/result in many persons with medical negligence injuries will not get compensation.

If passed, the bill not only takes away legal aid from medical negligence claims, but also removes the success fees in conditional 'no win, no fee' agreements, as a consequence many individuals who could claim for medical negligence will no longer receive compensation.

The Legal Aid programme is a government funded scheme for medical negligence cases and run through the Legal Services Commission (LSC). The scheme was introduced for those with limited finances in order for them to gain access for deserved justice (the LSC offers to cover the cost of bringing your claim).

But even so, the bill has long been a controversial plan. The number of institutions voicing opposition for the reform is increasing as many in the industry believe the proposed abolition of legal aid for clinical and medical negligence cases means that people who lack the financial means to pay legal costs will no longer be able to get legal aid funding.

Currently in order to claim legal aid funding, it must be approved by the LSC who grant a public funding certificate. Only a relatively small number of people who have sustained injury as a result of alleged negligent treatment are eligible for public funding to cover the costs of a clinical negligence claim. Unfortunately if legal aid is removed from medical negligence claims altogether, the vast majority of clients who would have been eligible to receive public funding will be unable to cover the legal costs themselves.

So where would we be without legal aid in such cases? In a real mess i would think...

How do medical negligence pay outs affect the NHS?

2012-01-12T02:17:00.000-08:00

In the UK medical negligence instances have been continuously rising for many years now. There have been over 8000 deaths over the last 13 years and many more other cases which left patients with illnesses or injuries. Within the NHS Medical Negligence is a very big issue and because each case leaves the NHS facing the possibility of having to pay compensation, it can be very harmful to the NHS over time.

The NHS is there to supply free healthcare to the 60 million plus population of the United Kingdom. To be able to do this the NHS must be funded through the taxpaying public who have a percentage of their income deducted each month. Once the tax is paid to the government they decide how much of it will be allocated to the NHS. For the year 2011/2012 the NHS budget is around 106 billion and this goes towards paying all of the NHS's expenses.

Whenever a medical negligence case happens within the NHS they are likely to have to pay out compensation to the individual or the family of the individual who suffered the injury, illness or in the worst case death. Medical negligence pay outs are usually quite high in the eyes of the NHS but to the victims and their families they offer little in the way of comfort. Only 40% of all NHS medical negligence claims result in a pay out of less than 5000.

Of course because the NHS has a set budget for each year they cannot afford to be paying out for negligence claims on a regular basis. Every compensation settlement which they have to pay is less money which can be spent on employees} and equipment to offer greater healthcare. Having to spend so much on compensation is obviously very damaging to the NHS. Payments as big as this medical negligence settlement are proof that as long as serious mistakes happen the compensation pay outs no matter how big or damaging to the NHS must be settled one way or another....

It is not just in a financial way that negligence pay outs weaken the NHS either. Cases of medical negligence often entice negative media attention and a lot of discussion of the high NHS negligence pay out numbers. Consequently his in turn causes people to question the standard of care provided by the NHS.

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What happens to doctors when successful medical negligence claims are made against them?

2012-01-09T06:43:00.000-08:00

Just as in all areas of life, people make errors when it comes to medicine. These mistakes, though, unlike in other walks of life, can have horrible and long lasting effects in the patients it impacts. We are all familiar with those stories about people getting the wrong limb amputated, or about experimental drugs being given out, that cause surprising and significant health issues; and we are all aware of how serious these cases are. For this reason, litigation rights are vital for patients.

When a person suffers as a result of a sub-standard medical procedure, often the only choice, to cover the damages, is to file for compensation. This kind of claim is called a claim of medical malpractice, but despite the negative valence of the name, this procedure need not be damaging to the doctor concerned. If an honest mistake was involved, or something else that is not really blameworthy, then the doctor can carry on to practice throughout, and straight after the court proceedings.

More serious claims, however, deal with the name of medical negligence, and these really are damaging to the medical professionals they concern. The repercussions for the doctor are, clearly, a function of situational factors. How serious the error and the seriousness of the effects on the patient are both looked at very carefully.

If, for instance, a doctor's insistence on the use of an experimental drug, as opposed to a more standard one, results outcomes in the patient's recovery being badly delayed, then the doctor may just be suspended for a while. This can be damaging enough, however, for it can seriously affect the possibilities of that doctor getting a job elsewhere in the future.

The more serious cases, however, such as a doctor's drinking meaning that a patient is severely disabled for the rest of their life, the charge of suspension seems a little below the mark. Rather, the doctor will most likely be fired, prosecuted, and even sent to prison in especially serious cases.

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How To Make A Claim for Medical Negligence

2011-12-09T15:03:00.000-08:00

Making a medical negligence claim can be stressful to say the least but it is something that must be done if you are aggrieved. There are experts of the law such as lawyers & solicitors trained in the medical / clinical negligence field who are there to help & argue the case on your behalf. There are also many services such as no win no fee cases that will certainly help with the financial costs too. The cases can be relatively short or they can drag; they can result in small sums of compensation or indeed very large sums of compensation – each case is indeed very different. What is definite though is that you should not try to go it alone.

To start you must act as soon as you are able. The reason for this is that there are strict time limits for making complaints. The limit could even be a little as 13weeks. Initially you would approach the medical practitioner you are about take action against. At this stage there could be issues regarding misunderstanding, misinterpretation or miscommunication that could be resolved here. However, if this is not possible then you would have to make a formal complaint. For example, if you are complaining about a General Practitioner, you would have to write to Practice Manager. If you are to complain about a hospital then you would have to write to the Complaints Manager of that hospital. Once you have this sorted…seek further legal advice!

Incidentally, clinical negligence is a highly specialized area so in any case you will have be able to prove that clinical / healthcare professional has in fact caused you to suffer personal injury. Do not forget that he or she will be fighting to avert your case and save their career! You will have to prove that the medical / healthcare professional has failed to deliver an accepted or appropriate level of medical care: As a result you may be experiencing a worsened medical condition or suffered an injury. This is where your case will really open up and be subject to all manners of legal wrangling. So be sure to have the assistance of a law professional. Let them take the strain of the case after all it is what they are trained to do.

Now they will fight on your behalf and take whatever arises. The solicitor will keep you abreast of all the happenings and give you the necessary support & advice as the case goes on. They will advise you on all aspects of the case for as long as the case continues. Should you win the case then you would be eligible for some form of compensation, which will depend on the factors of the case itself. If not then the solicitor or lawyer could direct you on your next steps…there may even be grounds for appeal! Good Luck.

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4 Great Tips For Making A Medical Negligence Claim

2011-11-27T09:12:00.000-08:00

Making a Claim for Medical Negligence can be daunting and off-putting to most mainly due to the complexity and time taken to achieve an outcome. However it is something to be done rather than shy away from. The below offers a few tips on how to get the ball rolling…

1) Be Insistent - Don’t be fearful of asking questions. The worst thing to do is not to ask and in affect get things moving. If you feel you have been unfairly treated ask someone. The first person to approach would the treating doctor. Note: the doctor is obliged to answer questions honestly and professionally.

2) Do not be scared to adopt the complaints procedure – Every NHS provide has to have a complaints procedure. It’s in place to help individuals like you and me, so make use of it. Making a complaint provides a beneficial way to identifying problems & issues that arise.

3) Always seek a second opinion - If you have lost confidence in the hospital providing care (it happens!), ask your GP if it is appropriate to refer to a different hospital.

4) Speak to a specialist solicitor - Medical negligence claims are often complex, time consuming and difficult to handle. Why? This is due to the clinical circumstances of the individual along with the evidence, text and papers which all have to be assessed and documented by the experts. This is why such cases should only be handled by experienced solicitors with correct proven credentials. Accreditation such as approval by the legal services commission is proof enough that the solicitor is able to handle your case...

For Further Reading On Medical Negligence

Also here in the UK plans to cut legal aid for Medical Negligence claims are being challenged. This is could be some comfort for those seeking legal aid to help with a claim. Please see below...

Medical Negligence legal aid challenge
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9000 Deaths In 13 Years Caused By NHS Medical Negligence

2011-11-25T09:48:00.000-08:00

9000 Deaths In 13 Years Caused By The NHS

Recently it has been documented that the number of NHS clinical negligence claims which has resulted in death has hit a record high. It has been recorded that in the last 13 years there has been over 9,000 patients who have died which is because of negligence caused by doctors, nurses and paramedics. This is only the number of clinical negligence claims which have been filed. This figure may be higher due to families who have not placed a claim. The figures for 2011 are set to rise on previous years due to claims finally coming through from deaths in the past.

These figures could be due to the lack of training or stressful working conditions and hours which do not allow medical employees to take be as thorough as they would like to be. The sheer volume of compensations claims coming through however does imply that there could be a clinical negligence problem within the NHS.

These statistics could be due to the lack of instruction or stressful working conditions and hours which do not allow medical employees to take be as thorough as necessary. The sheer amount of compensations claims coming through however does imply that there could be a clinical negligence issue within the NHS.

These figures are concerning and unfortunately the negligence of others does not bring back those who have perished due to the lack of care. The NHS repeatedly comes under scrutiny but with no hard and fast answers being offered as to why these tragedies happen. These new statistics albeit detrimental do flag up issues that the NHS should be looking into to try and reduce the amount of deaths.

The NHS does have a formal grievances procedure which involves contacting the hospital in question where they have professional complaint staff on hand to assist. This can so often be the first port of call however when a death is involved due to negligence the matter often does escalate to compensation claims.
Compensation claims can sometimes take years to resolve but the significant number of claims made shows that people are indignant enough at the medical negligence they have seen to want to try and do something about it.

Medical Negligence Claims Reviewed

2011-11-15T15:00:00.000-08:00

Why file a medical malpractice claim for compensation?

Medical negligence claims are on the increase despite the improved state of healthcare practice. People are now more aware of their rights and more able to make claim. A person who has suffered some injuries from medical negligence can claim compensation for physical or mental injury. However there are times when the damage is so small that the victim refrains from making a claim, possibly due to shying away from the legal process involving claims which can be lengthy in itself. On the other hand, when the injury is more serious and it affects the welfare of the indivual then it is best to seek advice from a medical malpractice lawyer

The medical malpractice solicitors / laywers certainly have the know-how and expertise to deal with such cases. They constantly strive to do their best to represent the case of the indivdual confidently. In a sense, the aggrieved can now strike back as they have voice / 'legal clout' to support them. Indivuals who have been aggrieved can be sure that the solicitors / laywers will fight on their behalf to see that more-than satisfactory compensation (in some cases the compensation truly is ground-breaking!) is agreed upon with some piece of mind too.

So in a nutshell, its always more than worthwhile to seek compensation for someting going. Now only will the victim receive a settlment but it will also help the hospital / health trust raise their game so these kind of isssues may not happen again in the future. Its a big wake up call for them!

There will always be those who shy away from the perceived legal wrangling for fear of complexity issues or spiralling costs. These are exactly the people that need to make the claim. Why? Nowadays most lawyers take on 'no win no fee' cases. This would surely put minds at ease especially as the costs are recovered for the other side. Also if the aggrieved person does win then he or she will stand to receive 100% compensation (the more in-depth and drawn out the case then usually the higher the compensation payout is) As for complexity issues? Well a good lawyer will take care all of that. So although Medical negligence Claims can drag on and be stressful & upsetting, they are something that should be made.

Always remember that the compensation received from any medical malpractice case compensation will depend on the evidence presented and the experience of the lawyer handling the case.