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Sadly, it’s a fact that medical treatment does not always go to plan. Substandard treatment can lead to patients suffering needless injuries and in some cases, leaving them with new needs that must be met.
Social media has contributed many things to society since its conception a few years ago. It has connected people in a way that was not possible previously, but it has also brought about the phenomenon of the selfie.
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.
We get a lot of enquiries regarding inadequate treatment at A&E with regards to hand injuries and we are currently involved in several cases where the claimant has been left with permanent damage as a result of inadequate history being taken from the patient/claimant and/or inadequate examinations.
I was at a very interesting clinical negligence “master class” recently with Mr Nigel Poole QC and he mentioned, amongst other interesting points, a settlement meeting in which he had been involved recently where one of the arguments raised by the defendant NHS Trust was that his clients compensation should be reduced because he lived in a deprived area.
Here at Thorneycroft Solicitors our clinical negligence team have encountered individuals who have suffered a wide variety of injuries as a result of substandard medical care, as a result we believe it’s important to highlight as many conditions as possible as well as the risks they pose to people’s health, and finally how you can make a clinical negligence claim if you are a victim.
A fall in hospital can be devastating. It can result in patients, who are already vulnerable, experiencing further injury, distress, pain and in some cases a loss of independence.
The Royal College of Midwives (RCM) has dropped its ‘normal birth’ campaign after admitting it may have been misleading to prospective mothers.
Content including ‘Top 10 tips for a normal birth’ has been deleted from the website, and the RCM have redacted the campaign,
Courts have ruled that medical practitioners who do not carry out routine tests cannot be expected to foresee fatal symptoms and will not be punished for clinical negligence.
The ruling comes after an optometrist who failed to identify a schoolboy’s fatal condition had her manslaughter conviction overturned by the Court of Appeal.
NHS hospitals responsible for patient deaths as a result of clinical negligence may get a ‘free pass’ at inquests should the Government’s proposal to cap legal costs come to fruition, a lawyer has warned.
The lawyer also suggests that coroners hearings will become much shorter, and lessons that could be learned will become missed opportunities.
Those with limited means are often represented on a no win no fee basis. The hearings of such cases are often considered the best opportunity for investigating errors and making recommendations for improvements that may help hospitals avoid cases of clinical negligence in the future.
However, the Government’s new proposals suggest that those who lose negligence cases will not have to pay the claimants legal costs if a claim is worth less than £25,000.
The lawyer maintains that this would make it extremely difficult for the average person to find lawyers who are able to hold hospital bosses to account in an inquest.
He said: “Inquests these days are much more searching than back in the day, and you often need specialist solicitors and barristers.”
“We risk going back to the days when hearings are just two hours long and rely on evidence only from a consultant working at the hospital concerned.”
He also added that “You will get families finding there is no accountability.”
The Government are also proposing a cap on the amount that can be awarded to claimants to cover the cost of expert evidence.
Under the proposal, claimants would be restricted to £600 for expert fees, however, most experts quote a fee of £1,000 to £2,000 to prepare a report, meaning that the remainder of the cost would be left for the claimant to cover out of their own pocket.
A spokesperson for leading patient safety charity – Action against Medical Accidents highlights that without the preliminary report many victims of clinical negligence would stand little chance of compensation as they would be unable to assess the strength of their case in the first place.
Pursuing a clinical negligence claim can often be a complex process which is why it is so important to find a solicitor that specialises in this area. Too many firms add clinical negligence into their general portfolio of personal injury practitioners without having clinical negligence solicitors.
At Thorneycroft Solicitors we have a dedicated team who specialise in this field alone. We work with the most experienced medical experts, ensuring their involvement from the outset of the claim to offer advice and guidance.
There to advise you through each step of the process, from the initial advice to possible treatment if required, we pride ourselves on our professional but caring approach.
If you would like to find out if you could bring a claim, call us for free on 0800 1979 345 or complete our online enquiry form by clicking here.
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