Have a question? Call us on 0800 1979 345
This article was published on February 8th, 2018
It is well established that the courts tend not to consider recognised complications when dealing with clinical negligence claims. However sometimes what starts as a recognised complication can become an actionable harm if the appropriate actions /procedures are not followed.
Injury to the bladder does not automatically suggest negligence however it can often raise questions over the seniority of the person carrying out the procedure and or what steps were taken to avoid such a complication occurring.
The female bladder overlies the cervix and it is therefore imperative that during surgery the bladder is reflected downwards to reduce the risk of damage. Often with women who have had a previous caesarean section, there will be adhesions ( scarring ) often dense, which can make it difficult to identify the bladder.
We recently concluded a case where the lady`s baby was essentially delivered through the bladder causing damage to the anterior and posterior walls. Whereas the first response from the NHSLA, as it then was, now the NHSR, was to deny liability on the basis that this was a recognised complication, through some thorough investigation we managed to secure a settlement on the basis of the level of competence of the operating surgeon.
Whilst it may be ok for the procedure to be started by a registrar once complications were encountered there was a duty to request assistance from a more senior surgeon. Such a failure represents a breach of the duty of care.
The importance of instructing lawyers who have a specialist medical knowledge cannot be understated. These are complex procedures and there often requires a forensic review of the records to find out exactly what has and hasn’t happened.
In our situation, although a Consultant was called in to assist the actions that were taken and the extent of the injury sustained led us to doubt the qualifications and experience alleged.
Often the checks in place for permanent medical staff are not carried out for Locums.
If you have concerns about a surgical procedure please give us a call on 0800 1979 345 or complete our online enquiry form, we are always willing to listen and have an excellent team on hand to help you claim the compensation you deserve.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Retention
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Your Rights
Google AdWords
This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
×