Accidents By Medical Negligence
Clinical Medical Negligence is an accident which usually occurs due to provision of below standard care by medical staff, causing an injury or mistreatment as a result thereof. As a consequence a suitable personal injury compensation claim can be undertaken with the help of expertise legal claims specialists and solicitors.
There are a diverse range of medical negligent accidents which can lead to lifestyle changing consequences for injured patients, such as surgical mistakes, misdiagnosis, dental negligence and mistreatment, with physical, psychological and biological outcomes.
The resulting outcome for a patient can be painful and distressing especially when a person visits a medical institution for health recovery and not to become worse. It can psychologically traumatic too. All medical personnel are employed to ensure duty of care towards patients to prevent pain and injury. Consequently, when evaluating compensation claims with solicitors and claim specialists it is important to realise that it is the duty of the injured party to prove that the treatment received was below the normal expected standard, and will need to carefully investigate a few things :
- Breach of duty i.e. failure of medical professionals to uphold their legal duty of care
- Causation i.e. to verify that the treatment received caused an ailment to get worse
- Damages i.e. collation of evidence regarding injuries
The legal team of experts will need to clarify the full details, extent, nature, describe exactly what occurred, and can be quite technical requiring the use of medical experts. Furthermore, if a patient is still under treatment by the same hospital or doctor responsible for the negligence then the individual may be concerned about the adverse effects on the current treatment being received and being maintained, and the amount of the compensation amount. It is against the law to treat somebody differently because of a compensation claim under process, however, a person can choose to transfer to an alternative medical professional or institute if necessary.
Sometimes, it maybe possible for an injured patient to delegate or nominate a friend or family to make and pursue a medical negligent claim, due to the seriousness of the injuries and inability to actively be involved with a team of legal experts handling the claim.
Patients could happen to wide range of age groups - children, adults, elderly - and legal experts can help you to walkthrough the claim process and help to receive compensation to cover support, treatment and rehabilitation.
It is important for patients to realise that depending on the seriousness of the injury and negligence, the outcome could be fatal, and help with the resulting losses such as funeral costs etc need to be pursued.
Successful compensation claims can help with costs for :-
- Medical treatment
- Loss of earnings
- Travel and accommodation
Clinical negligence is very broad and can include cases such as :-
Care homes negligence including elderly, youth
Elderly loved ones being taken care of in nursing homes could be mistreated, provided with poor standard of care leading to injuries or poor health; medication errors; falls due to inappropriate mobility aids and equipment; mishandling and improper training leading to pressure ulcer sores, infection, gangrene, blood poisoning.
Birth Injuries to mother, child
This may occur due to lack of due attention and care from midwives, hospital staff and doctors. These can be extremely traumatic and severe either fatalities or long term deformities, or less minor / temporary in nature such as swelling, bruising, which can happen due to mistakes by staff, and may include inadequate care during delivery, improper medication and mishandling; failure to identify, prevent, recognise or treat infections and danger.
Other more permanent injuries to mothers can include - issues with stitching, placental abruption, misdiagnosis, delay, or trauma with a caesarean; anaesthetic mistakes; nervous shock and so on. Whilst injuries to babies can be very dangerous and the mistakes can lead to fractures, cuts, cerebral palsy, muscular and brain injuries.
Misdiagnosis of medical treatment leading to incorrect outcomes, pain and suffering
It is disheartening and psychologically stressful to suffer mistreatment or misdiagnosis from the same people and institute who exist to provide healthcare recovery. The Doctors, physiotherapists, healthcare professionals and hospitals must be held accountable and provide recompense for the injured party, plus put in place corrective actions to stop future harm or injury to others.
Misdiagnosis and delays in diagnosis can be extremely critical for many normal illnesses, whilst for other medical diseases it is imperative that they are diagnosed early enough so that an appropriate treatment can be utilised, examples include - Cauda Equina Syndrome (slipped disc pressing on the nerves); Meningitis (a life threatening bacterial condition); Appendicitis (a burst appendix is life threatening and needs early identification); Ectopic Pregnancy; Subarachnoid Haemorrhage (Bleeding in the brain) and Cancer Diagnosis (delays in identification can reduce ability to overcome it).
Delays could be due to a simple misinterpretation, misreading or misreporting of results from scans or x-rays, blood or tissue samples, and failure to request test examinations, whilst follow-up treatment can be missed due to administrative errors.
Incorrect prescriptions and medication administration
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As a result of an injury a person may end up no pay or statutory sick pay due time off work, as well as a host of other expenses from medical treatment, travel expenses, debt and loans.
Failure to adhere to the legal 'duty of care' can cause pain, sufferring and infection. Examples of negligence include delayed diagnosis; incorrect treatment; misdiagnosis and poor standard of care. The variety of dental injuries which can be caused by orthodontists, hygienists and dental staff include - negligent root canal treatment; incorrect fitting of a crown or bridges and mistakes during oral surgery. Dental pain can lead to depression, pain and time off from work.
Doctors GP and Hospital negligence
GPs and hospitals have a duty of care towards patients, and need to ensure their safety by providing quality standard of care. However, situations which lead to a below par performance can lead to negligence, and patient suffering. Negligence can encompass :
- Incorrect treatments or prescriptions
- Prolonged illness or misdiagnosis
It is the duty of care for medical professionals and institutes to prevent harm or injury, and long term health decline.
GP negligence can include :
- Prescription errors
- Needle type injuries
- Specialist care referrals being denied
Patients are always worried about combining a compensation claim with continued treatment from the same medical doctor or institute, and repercussions even though the law officially protects them. Unsuitable and improper treatment leading to injury can be very distressing and painful.
Hospital negligence caused by low standard care, lack of professionalism or improper resourcing can lead to long term patient suffering. Detailed review and analysis of the care provided both technically and legally can be time consuming, but needs to be thorough, more than usual, as professional expertise is being challenged and refuted
Accidents in A&E departments due to improper care during busy time periods, leading to the worsening of an illness rather than treatment, a fatality or misdiagnosis can be tragic for the individual concerned as they initially approached them for their existing ailment. A&E departments are overloaded nowadays with increased demand and high pressure situations for medical staff can lead to mistakes, misdiagnosis or inadequate poor treatment. for which the entire medical institute has a responsibility to provide appropriate high quality of care. These life changing mistakes can take the shape of many forms and can include :
- Surgery errors
- Poor care during childbirth
- Incorrect medication being supplied
- Infections (MRSA) can lead to permanent disabilities
- Anaesthetic complications
- Hygiene infections (viral, bacterial, urinary tract, skin, bloodstream) from poor hygiene standards, processes and equipment (washing hands, covering patients wounds, cleansing of all equipment thoroughly)
People visit GPs and hospitals for help and recovery, and not to leave in a worse position. Understanding exactly what happened, how, why and when is important to compile a strong compensation for personal injury claim, and is required to develop a claim by legal experts. No win no fee agreements could be employed and agreed with Solicitors to ensure a mutually acceptable way forward. A compensation claim will propose to recover:
- Loss of earnings and livelihood
- Extra costs such as travel, medical treatment, hospitals or funeral
- Carers costs
- Dependents claims if they were fully or partially dependent or if the victim were affected by life threatening injuries
- When did the accident happen
- Who was involved in the accident
- Who was to blame for the accident
Even if an individual is not ready to make a compensation claim but need some pre-advice, you should contact a GC claims specialist. GCs team of claims specialists and legal experts can you guide you through the personal injury claims process.
We give free, impartial advice about making a compensation claim and details of any non win no fee agreements – this means you are under pressure to start a personal injury claim for your accident with us when you contact us.
Contact Green Claims Today.