Amputation claims come in different forms from loosing a leg to loosing a toe or finger. No matter which part of the limb is lost, the results of the amputation can be devastating for the individual. The consequences of the amputation are so far-reaching, that it can take a life-time for the individual to fully recover. The level of time and care that will be needed will depend on the individual situation and the coping mechanisms of the individual concerned. If you have been victim to this, whether or not you will be able to make a claim will depend on how you lost your limb.
Traumatic amputation
A traumatic amputation claim can arise when somebody suffers a loss of limb during a serious accident. This can happen anywhere, such as in a traffic accident, at the workplace, or in a motorbike accident. These injuries can be complete, or even partial where some soft tissue remains, however the body part is completely crushed. If you have suffered under these circumstances and wish to make a claim, it will be necessary to be able to prove that someone else was wholly or partially responsible for the amputation taking place.
Making a surgical error claim
This is when a surgeon removes a limb or a part of a limb that is causing a great deal of pain for the individual or is threatening to their health. However, as with any surgical procedure, complications can occur which can lead to great distress for the individual concerned. On some occasions, amputation of a limb was not part of the original plan, however the patient ends up losing a limb due to the surgical procedure going wrong. The patient will be able to make a claim based on both the surgical error and the amputation.
Making a misdiagnosis claim
Arguably the worst type of medical negligence that occurs is wrongful limb amputation. There have been many reported incidents of surgeons through misdiagnosis amputating the wrong limb or amputating a limb unnecessarily. In these cases the patient’s life is changed forever due to mishaps that should never have happened. The patient is both physically and psychologically impacted. If the patient wishes to make a misdiagnosis claim, it will have to be shown that the patient’s health was not at risk due to the limb.
Suffering the loss of a limb because of a serious accident, or due to a surgical error can have devastating life-changing effects on the individual. If you have been victim to an amputation based on misdiagnosis in treatment or as a result of a road accident, you will be feeling shaky and uncertain about your future. It is understandable in these circumstances to be worried about how you will cope emotionally and financially as a result of your loss.
Some people find it difficult to continue in their course of employment, and others feel it is necessary to have an extended resting period in order to fully rehabilitate. If you feel that you have suffered a loss of a limb due to an accident that was not your fault, you may be entitled to compensation.
Our solicitors will handle your case with sympathy and compassion, as we are aware of the psychological effects a loss of a limb can have on an individual.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Personal injury Lawyer, medical negligence claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation
The choice to undergo a vasectomy or sterilisation procedure is becoming more prominent in the UK. For many it is a choice based on some very personal reasons. Some do it for financial reasons. Others because they do not wish to expand their family any further. Whatever their reason might be, one thing is very clear. They have a right to having the procedure done properly, and unfortunately this is not always the case.
However, in some instances the procedure does not go successfully, as some patients find themselves with unwanted pregnancies and end up giving birth to a child they did not want. If it can be proven that this was as a result to medical negligence on the part of the doctors, than it may be possible to claim for compensation.
Cases involving failed sterilisation
There could be a number of different reasons why a surgery may fail. A sterilisation procedure involves the procedure of the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. In most cases the woman decides to have this surgery to avoid any future pregnancies. The surgeon may be negligent in not securing the clips carefully and they may become loose.
Failed Vasectomy in surgical procedure
Usually there are only one or two reasons why a vasectomy fails. Firstly, the surgeon may be responsible for not cutting the vas deferens tubes properly. Furthermore, it is the surgeon’s duty to give the patient clear post operative advice. To give you some idea, in most cases following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. The surgeon should explain this to the patient, and warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.
Will you be able to make a claim?
This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.
In most cases, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever the reason may be for the surgery failing, it undoubtedly leads to great emotional distress often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.
If you or your partner have experienced this and wish to make a claim, our solicitors will be able to guide you and answer any queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation
One of the most unpleasant experiences anyone can go through is being attacked by a dog. It is not only terrifying, but can lead to both physical and psychological effects. Unfortunately dog attacks are quite common in the UK. Many of them involve the usual suspects such as Pit Bull Terriers, and Rottweilers. However, it is not always the most obvious breed of dogs that attack. Many other types of dogs can also pose a threat to bystanders and there have been many incidents that have been reported concerning these attacks.
A dog attack compensation claim is more likely to succeed if the claimant can gather evidence to demonstrate the dog’s aggressive past tendencies. The dog in question may have a record of biting previous bystanders or family members. If this can be shown, then it more likely that the compensation claim will be won and the owner of the dog will have to pay compensation. The owner is responsible for the dog and it’s behaviour towards others. The dog should be particularly controlled and restrained if it has aggressive tendencies.
Young children should be particularly looked after as they are most at risk from a dog attack. They are often easy targets as their playful and innocent charm can lead dogs to take advantage. You should never leave your child alone with a dog, even if the dog has a history of being friendly. This is because dogs can sometimes be unpredictable too, and any sudden change in behaviour could lead to harm to the child.
According to the Dangerous Dogs Act 1991 certain breeds of dogs are required to be muzzled when in public places and micro-chipped. If the dog that attacked you falls under this act and was not muzzled, your claim is likely to succeed. This is even if the dog had not shown previous signs of aggressive behaviour.
How to avoid being attacked by a dog
If you happen to be near a dog which is growling at you and you feel an attack is imminent, there are some things you can do to alter the situation. Try to keep as still as possible and avoid looking directly at the dog. Hopefully the dog will eventually lose interest. Of course the natural reaction would be to run as fast as possible in the other direction. However this may only excite the dog into chasing you which could result in something ugly.
What can you do if you have been bitten
Your fear may have gotten the best of you and made you run. However, you could not outrun the dog and you ended up being attacked. Or you may have been bitten some other way. Whatever the situation, you should strongly consider reporting the incident to the police or local authority, if only to prevent something like this happening to another innocent bystander. It is important that you seek medical attention straight away, even if the injury appears to be minor. Even a minor injury can become badly infected.
If you have been a victim to a dog attack, you may be entitled to compensation. Our solicitors will assess your case and talk you through the process of making a claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be noted that this only applies to doctors registering after this date, not before.
Most of the surgeries carried out are by qualified surgeons, however on the rare occasion this is not always the case. If you have been a victim to one of these rare occurrences then we may be able to help you.
Making your case for compensation
If you have suffered significant scars or injuries as a result of the surgery, you will be entitled to make a compensation claim. It is natural to be feeling shaken, however you should be aware that it is your right to claim as every plastic surgeon owes a duty of care to their patient. The duty of care is owed both during and after the operation. You should be able to feel relaxed under the assurance that your surgeon will look after you and that your operation will be performed under the correct protocol.
If your plastic surgeon caused you to suffer significant injuries or scars as a direct result from the surgery, then it is very possible that their duty of care towards you has been negligent.
Before you decide to undergo plastic surgery, you should bear in mind some crucial points. A proper plastic surgeon will always:
Be a well-qualified plastic surgeon
Inform you properly of the procedure and the personal benefits to you
Explain in detail the risks involved in the procedure
Go though alternative options with you
Give you the opportunity to think about your options
Regrettably, you may be experiencing the after effects of a botched surgery that has scarred you both physically and mentally. In these circumstances you have every right to be able to make a plastic surgery compensation claim.
The most common types of complaints usually made include the following:
Inadequate information being given to the patient regarding the risks involved in the procedure
Suffering nerve damage during a facelift
Extensive scarring during a procedure such as liposuction
Unanticipated scarring on the face during a facelift procedure
It should be noted that the types of mistakes outlined above are only examples of some of the types of claims that are usually made. However, they demonstrate how serious errors can lead to successful plastic surgery compensation claims.
Our clinical negligence specialist solicitors have a great deal of experience in dealing with patients who have been emotionally and physically scarred at the hands of their plastic surgeons. It is understandable that your self-confidence will have been affected by this harmful experience. Our specialist advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Personal injury Lawyer, surgery damages, find a solicitor, legal, lawyer, law help advice, solicitors litigation
In order to make a tripping and slipping accident claim it must be proven that someone else was legally responsible for the accident occurring. If the accident occurred in a shop or a supermarket, the occupier of the property is responsible for keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ This will largely depend on a number of factors. The defendant can invoke statutory defence, if they can prove by reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.
Personal injury claims that are made due to tripping and falling in a public place may well succeed if it can be proven that it was caused by the condition of the location.
Accidents that occur in the street
According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:
“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”
This means that the highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept in a reasonable condition.
In order for the claimant to succeed, it will have to be shown that the part of the road where the accident occurred was not reasonably safe, and that the accident was caused by a serious defect on the road. The notion of ‘reasonable condition’ has been largely disputed. This is due to the fact that there may be various factors involved, and it can be hard to pin point an exact condition.
Accidents that happen in other public places
If the accident occurs in another public place such as a shop, supermarket, or a place of entertainment, the occupiers of the building are under a legal duty to ensure that members of the public remain safe whilst on their property. The persons in charge of the building should ensure that fixtures and fittings are secure and do not pose a danger to members of the public. Accidents which occur in supermarkets are quite common due to people falling or tripping on some form of slippage. The defendants will have to provide evidence that they had reasonable protection in place when the accident occurred.
Key points to look out for
* Write down where the accident occurred
* Make a note of any relevant names, addresses, and telephone numbers of witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Make a report to the relevant authority detailing the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* Any physical injuries should also be photographed
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, trip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient’s well being and every possible step should be taken to ensure a high level of service.
A case of clinical negligence is when it can be proven by the patient that the treatment provided by the doctor or other medical practitioner was sub-standard and this resulted in a mental or physical injury. Various procedures have been reported to have gone wrong over the years, such as objects being left behind in the patient and non-communication between the patient and doctor on certain risks that could be involved in the treatment.
The government figures have indicated that, around two people a week find surgeons have left behind foreign objects such as clips and screws, and surgical swabs. In the past year alone, the highest payouts included 115,000 to a person who had the tip of a needle left inside them, 75,000 to a patient who later found a surgical clip, and 60,000 to someone who still had ‘packaging material’ inside them after an operation.
The types of medical practitioners that can be held liable include:
Dentists
All NHS medical staff and hospitals
privately funded health practitioners
all NHS medical staff and hospitals
GP’s
The Duty of Care explained
Medical practitioners owe their patients a duty of care, however in some cases they fail to do so. If the patient can prove that the treatment they received was below standard, they should be able to bring forward a claim. The method of treatment they received will be compared to other medical practitioners working in the same field.
It is up to the medical practitioner to keep up to date with the latest developments in the medical field. This will be an important factor to be considered in deciding the medical practitioners’ liability. The method of treatment used by the medical practitioner in question will be assessed in accordance with the current medical knowledge at the time of the incident.
In order for the claim to be a success, the patient will have to prove that it was the actual error on the medical practitioner’s part that made a substantial contribution to the injury or damage suffered. It will also need to be shown that the medical practitioner’s error was a separate incident to the patient’s underlying condition.
Therefore, although some may question the medical practitioner’s logical basis for performing that particular procedure on the patient, if the medical practitioner concerned can find another medical opinion that agrees with their method of treatment then it is likely that that should be able to establish a defence.
The medical practitioner concerned should be able to escape liability, providing they can find expert medical witnesses that would support the same method of treating a patient, as has been outlined in the Bolam case. Quite often, particularly in highly complex cases, there can be more than one way to treat a patient and depending on the situation, either way could be acceptable. Nevertheless, once a recognised body of medical practice has shown that they would support the same method of treatment, it is unlikely that the doctor will be found in breach of his duty of care.
Whilst a doctor may have a defence, it has now been estimated that clinical negligence payouts by the NHS are expected to rise by 80% next year. With the average victim pocketing 17,900 the mistakes have cost the NHS a total of 9 million over the past five years, with payouts made to more than 550 patients.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Burning and scalding injuries are more common then people think. The minor burns can be treated easily and do not leave permanent damage. Unfortunately the more severe burns can be hugely impactful, changing the victim’s life forever. Not only can the burns be quite distressing to the individual but can also lead to permanent scarring and lifetime psychological distress. On some occasions the nerves can be damaged or the victim may even be close to death. Whatever the cause or circumstance, the ordeal can stay with the person for a lifetime.
As we all use hot objects daily that could potentially be harmful to us, it is quite easy to make a mistake and get burned. In our day to day lives we are surrounded by objects that can easily become our enemies such as hot irons, and kettles. Burn injuries can occur anywhere, whether at home or at work. If the burns are relatively minor they can be treated at home. However, if the burns are severe they can affect muscle tissue, bones and blood vessels.
It is important to note that burns can be caused by a wide range of substances, not just the most obvious ones. For instance, you can get burned by radiation, sunlight, and strong chemicals. There are also other side effects of burns such as smoke inhalation leading to respiratory problems. In other words, burn injuries can be more complex than you think, and complicated to claim for.
Burns are usually classified as first, second or third degree burns, each one outlining their individual severity.
Suffering from burns at work
You should note that your employer owes you a duty of care when you are at work. This is especially the case if you are working with dangerous materials that could be a risk to your health. Your employer should ensure that all the equipment and tools are in good working order, as even they can lead to burn injuries.
As an employee, you should make sure that your employer provides you with proper safety equipment when you are working with dangerous materials. Your employer should also have provided you with adequate health and safety training in order to keep yourself safe.
Being burned in a road accident
When people think of a road accident injury the most common type of injuries that come to mind are whiplash or broken bones. However, many victims end up with severe burn injuries from road accidents. This can occur when the car catches on fire due to a collision with another vehicle or a fault within the car itself.
Suffering from burns at other public places
Burn injuries can also happen in other public places such as cafes or restaurants. A simple slip with a plate of hot food can land on someone and cause terrible burns. Or a member of staff can spill a hot drink over a customer.
Making a claim for a compensation burn
In order for your claim to be successful, it will have to be proven that your burns were caused by somebody else’s negligence. For example, if at work your employer did not provide you with proper health and safety training. If you wish to make a claim, our solicitors will be able to assess your case and help you decide on what to do next.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Most surgeries that are carried out are performed to a high standard, with little or no complaints coming from the patients. However, whilst the vast majority of surgeries are successfully performed to a high standard, on occasion, mistakes do occur, and sometimes these errors can be catastrophic. As with any form of surgery, there is an element of risk involved. In some cases the element of risk will be intensified with a major surgery. It is the duty of the hospital to inform the patient, before the procedure about any risks that may be involved with the surgery. Therefore, if a complication does arise during the surgery, the doctor may not be liable as the patient would have been informed already about the risk of this happening. However, if you have suffered a mental or physical injury during the surgery, you could be entitled to make a surgery error compensation claim.
In order to make a surgical error claim, you have a three year period in which to bring forward your claim. In some cases, the error will not become noticeable until a much later date. In these circumstances your three year period will not begin on the date of your surgery, but the actual date you became aware of the error and injury.
Types of surgical errors that give rise to a claim:
Complications with laser eye surgery
Performing the wrong type of operation
Complications with laser eye surgery
Operations being performed on the wrong part of the body
Damaging any nerves or tissue during the surgery
Errors being made in cosmetic surgery
Errors with incorrect administration of anaesthesia, such as becoming aware during the surgery
How do you make the surgical error claim?
If you decide to make a surgical error claim, there will be a few hurdles that will need to be overcome. Firstly, it is necessary to show that it was the negligence of the surgeon, or medical practitioner that caused the injury to the patient. The treatment method of the surgeon will be compared to other medical practitioners in the same speciality. It will have to be shown that no other reasonable medical practitioner in the same speciality, would have performed the procedure in the same way, and that the outcome would have been different, had the procedure been performed in a different way.
Following the surgical procedure you should make a complaint to the hospital where you had your surgery, to ensure that the matter is fully investigated. You may gain an explanation for the error, and once the hospital is notified, it should take steps to ensure that an error like this does not occur again. However, it is unlikely that you will be compensated. Therefore, it will be useful to you to contact a clinical negligence solicitor who will be able to assist you in your case, and advise you on the best way to proceed.
Medical negligence compensation
Our clinical negligence solicitors will assist you in your case, should you decide to seek compensation for your pain and suffering. The effects of a surgical error can be quite emotionally draining, and in some cases you may be psychologically affected. We will provide you with the best legal advice, in order for you to make a decision on how to proceed.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, surgical error compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation
