Tag Archives: medical negligence claims

Why Have Medical Negligence Claims Risen More Than 20% in the Past Year?

Recent reports indicate that  medical negligence claims against hospitals in the United Kingdom have risen more than 20 per cent over the course of the past year. The same reports indicate that the number of medical negligence cases in the United Kingdom for certain hospitals has risen more than 80 per cent since 2008. Hospitals in certain parts of the UK are paying out more than £19 million, or nearly this amount to medial negligence claimers.

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 So what does this mean for those that make  medical negligence claims? 

The reports indicate that this amount accounts for nearly one-fifth of the total budget of these hospitals when combined. Reports showed that during the 12 months between 2008 and 2009, more than 2.2 million individuals made visits to emergency departments. In the same vein, between 2012 and 2013, the twelve months in this year saw more than 5.77 million individuals in emergency departments throughout the United Kingdom.

This could lead to additional claims of medical negligence. As more individuals are unable to get assistance from their general practitioners in order to get healthy and take care of small illnesses before they become big problems, individuals end up in the emergency department. This, in turn, causes staff at emergency departments to become overstretched, and reports indicate that shortages in medical staff can, and do, frequently lead to serious injuries and negligence.

What Do Medical Negligence Claims Pay for When a Person Gets Hurt?

Reports from a local college in the United Kingdom, in London, indicate that payouts to victims of medical negligence pay for more than just medical expenses. In fact, victims are able to receive monetary compensation for injuries, therapy, medical bills, lost wages, inability to pay expenses and mortgage or rent. Individuals who sustain injuries at the hands of a medical professional likely already had one injury to begin with. The additional required care and any modifications that must be made to their homes, vehicles, and workplaces are all benefits to the individual who was involved in the accident.

Poor medical care with substandard values is unacceptable. And while victims of medical negligence know that cleanliness and support for customers and each other are the two major keys to  a full recovery, it is just as critical for the individuals who have been victimized or who may become victims to never allow themselves to receive substandard. If you feel that something is wrong with your appointment you should always speak up.

Source – https://www.medicalnegligenceassist.co.uk

The Jigsaw Pieces of Medical Negligence Claims

Doctors and nurses the World over have the same sacred responsibility, act accordingly to the text books, or face medical negligence claims. They have to bear this responsibility in mind whenever, and for whatever reason they interact with patients. They are responsible for providing advice and treatment the best of their ability and knowledge. And to apply the best, currently available and agreed standards of medical care. If any medical professional makes a mistake, or fails to give care when they can and should, then they are guilty of failing in their sacred responsibilities. This is known as medical negligence, or occasionally clinical negligence.

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Inevitably medical negligence will happen from time to time. And when it does happen, the person who suffers as a result should be compensated financially. There are however 3 pieces of the medical negligence jigsaw that must fit together before the law will enforce recompense to be made.

1) Medical negligence has to be proven with evidence.

2) Patient suffering has to be proven to be caused by the act or omission of proper medical care.

3) Damages have to have occurred and been assessed.

If you feel you have suffered at the hands of those who are meant to care for you, and that your suffering can be traced back to your treatment with documentary evidence of actions and or negligence by medical practitioners, then in all probability you have a genuine right and a duty to pursue a medical negligence lawsuit.

The big question that nobody can answer with any certainty is, just how much compensation are you entitled to? Every medical negligence case is unique but very similar. The three jigsaw pieces are like general principles but the calculation of compensation is a complex one.

This is where your legal team comes in. They will look in detail at all aspects of your claim using their experience and knowledge of previous cases. Then they will do their own calculations to arrive at a likely number. Precedence is very important in doing this.

Solicitors for both you and the defending health authority will know all about similar cases in the past, and both will be expecting similar amounts, adjusted for individual details and inflation to be awarded.

It is very common for negotiations to take place in advance of a full court hearing. An offer will probably be made. This will be somewhat short of amount precedent may call for but this will be a price paid for avoiding the full court case.

Source- https://www.medicalnegligenceassist.co.uk

Special and General Damages Really Add up for Medical Negligence Claims

There are two sides in every medical negligence claims case. There is you, the claimant, and your legal counsel. Then there is the defendant side; the health authority or other medical provider with their legal team. They know as much about previous cases and settlements as your team and they have also participated in the tidal wave of medical negligence legal negotiations that has filled the UK courts since ‘08. There has been a massive 80 percent rise in claims in those 6 years.

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Both sides in medical negligence cases will be estimating the likely sizes of compensation awards from the start. They do this, in the main, by calculating two factors ‘general damages’ and ‘special damages’. Together these factors will make up the amount of money a patient who has suffered medical negligence will receive.

General damages are the most obvious signs of a changed life. They are the physical differences before a case of medical negligence, and after the incidents. However they may be clear for all to see, but nevertheless are incredibly difficult to put a value on. For example; how much is one eye or one forearm worth? Or what value can be placed on quality of life? There is an in-built reticence to actually put a value on a person’s remaining lifespan and potential contribution to society. It seems both cold and inhuman to do this, but it is exactly what needs to be done if patients are to be compensated and able put the suffering behind them.

Clearly the general damages in a medical negligence case will rise in line with the seriousness of the physical injuries caused by the malpractice or negligence. Severity and duration of pain is also a cause for escalating damages. This positive correlation is always true, even though every individual suffers in a uniquely personal way.

Special damages, despite the name, are much easier to estimate than general damages. A better name for them is ‘economic’ damages. They are the answers to these questions; how much did the unfortunate incidence of medical negligence cost you, especially wages not earned? How much will it cost you in the future, especially wages you would have earned? How much money has the patient had to pay out in order to deal with the after effects of their experience, especially travel costs associated with treatment?

Source- https://www.medicalnegligenceassist.co.uk


Privatisation of NHS Leads To More Medical Negligence Claims

Multiple reports have been heard over the past six months of the poor standard of care provided by the NHS, making more medical negligence claims come to light. Calls for change have been repeatedly made by the people who are living in the areas hardest hit by illnesses and injuries who are unable to access proper medical care within an appropriate timeframe. The NHS system has been criticised recently for an abundance of unskilled workers completing medical tasks, along with hoards of overworked staff members who are no longer able to provide appropriate medical care due to a lack of resources.

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A new report out is encouraging the NHS to stop asking for additional funds that will only allow the system a crutch for additional time. The problem needs to be solved, and the root cause of the problem must be identified in order for that to happen. The latest report pushes the NHS to reach out to private companies and non-profit charities in order to get the assistance needed to make lasting changes to the NHS system and to the way in which patients receive their medical treatments.

While this seems good and support is high for changes to the NHS system, the problem is that the report also makes some suggestions that could make it difficult for certain UK residents to seek out and access quality medical care. The report suggests that visits to a general practitioner should no longer be free of charge. The concern is that free access to general practitioners has been a mainstay in the UK government and medical system for years, and although the expected pay out is about one billion pounds per year.

Opponents of the new report and encouragement for this type of privatization have argued, and continue to argue, that this will further divide the NHS and will cause it to become a consumerism market. This means that competition would drive pricing and quality of care, and that the basic right for all people to have access to healthcare would likely disappear completely in just a short period of time.

Additional privatization could mean less patients receiving healthcare, especially quality healthcare, and more patients being advised over the internet, which likely will result in an increase of medical negligence. Opponents of the move to further privatize indicate that medical negligence complaints have already been on the rise due to recent issues and will only continue to increase.

 

Source- https://www.medicalnegligenceassist.co.uk

 

 

Medical Negligence Claims Higher With Foreign Doctors

Medical negligence claims are going through the roof throughout the United Kingdom, and many of these reports may be linked to doctors who were qualified for the medical field abroad and then moved into or returned to the United Kingdom in order to practice medicine. Medical schools in the United Kingdom are reported to have strict policies about teaching students the proper means of taking a medical history, and the proper means of diagnosis. For many individuals who have filed medical negligence claims as of late, and the family members of those who were severely injured or died as a result of the negligence, many questions are left unanswered when a doctor from abroad causes the death of a loved one.

Misdiagnosis by internationally qualified medical practitioners is a significant problem in the United Kingdom. Misdiagnosis leads to patients receiving treatment for illnesses they do not actually have. In many cases this can put patients in serious harm’s way as they do not need the medications being prescribed to them. In some cases the medication for many illnesses can have catastrophic consequences when given to a patient who is not ill. Consider being diagnosed with cancer when in fact you do not have cancer. The chemotherapy and other treatments for cancer ravage the human body, leaving it often unable to protect itself against infection. For those who are misdiagnosed the pain and suffering is unbearable and unimaginable.

According to recent reports, there are around 260,000 doctors who are licensed to practice medicine in the United Kingdom at present. More than 35 per cent of these doctors are reported to have received their qualifications to practice medicine from a school outside of the United Kingdom. More disturbing is the result from a study which indicates that the large majority of the more than 95,000 foreign-qualified doctors practicing in the United Kingdom would not be able to pass the certification exams necessary to practice medicine in the country if they had to pass the same exam with the same requirements as their British counterparts and peers. These are alarming statistics. Comments from the British International Doctors Association (BIDA) indicate that the group believes in standardized testing that would require all doctors to take a test to become certified in the United Kingdom. Doctors would not be licensed to practice medicine in the country until they have passed the exam.

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Further statistics are even more alarming. Reports indicate that while more than 1,300 doctors who qualified in foreign countries to practice medicine pass the exams to become licensed in the United Kingdom each year, less than half that number should have qualified. These reports are based on surveys of the qualifying behaviors, actions, and abilities of the doctors after they have passed the written exams to become licensed. Currently the passing marks for the licensure exam for doctors in the United Kingdom are at only 63 per cent, but some professionals recommend increasing the requirement to 75 per cent.

Source- https://www.medicalnegligenceassist.co.uk

The Medical Negligence Claims Mountain!

The number of medical negligence claims faced by the NHS at has rocketed since 2008. The National Health Service Litigation Authority or NHSLA is currently dealing with 80% more each year than just 5 years ago. Whether this is a positive social trend or a negative one rather depends on your role in the nation’s health service. Clearly it is good for patients who get some compensation for their pain and suffering. But perhaps not so good for taxpayers and the public purse.

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The last year alone saw medical negligence complaints rise by a fifth. The inflationary trend shows every sign of increasing and begs the question why? Are NHS standards of care falling off a cliff? Are the ‘no win, no fee’ adverts waking up a market, that previously lay dormant? Has the biggest economic recession since the creation of the NHS drove people to seek money wherever they can find it? In truth the burgeoning medical negligence arena is being contributed to by all of these factors and many more besides.

But what is medical negligence? It is a term that covers a multitude of sins of course but basically it the result of mistakes or inaction by medical practitioners of all kinds. Including GPs, surgeons, nurses, auxiliaries, psychiatrists and even dentists. These mistakes or inaction cause pain, suffering and even death in the patients on the receiving end. There have been medical negligence cases of the wrong patients (or wrong body parts) being operated on, or even bits of equipment, such as sponges or scissors being left inside patients.

To err is human, as the famous adage runs, and medical practitioners are only human after all. So it is only right to expect and to tolerate some persistent level of medical negligence complaints. The NHS is of course busier and more pressured than ever before. population demographics are against it. We are living longer and older people need more medical attention as they age. The ratio of medical people to patients is in steep decline and less time, more haste is fertile breeding grounds for errors and omissions. Yet another contributory factor for sure.

It is impossible to single out one factor as the main one causing the explosion in medical negligence claims. Yet it is important for us to be able to say how much is down to declining performance standards in the NHS. This is one of the very worrying implications of the claims mountain.

We are definitely becoming more litigious as a society. A day rarely goes by when we do not hear of another ludicrous claim for compensation from councils because children have fallen out of trees or been allowed to run in the playground. But medical negligence claims are different in that without them, where is the accountability of the medical professions? We can all understand the pressures of the NHS under the severest budgetary constraints ever. But if people do not complain how will we ever know how they are performing?

Source-https://www.medicalnegligenceassist.co.uk

Regional Variation in the Number of Medical Negligence Claims Tells a Story

Medical negligence claims are on the rise, and catastrophic injury from medical malpractice is a lot more common than you may think. The truth is it happens all over the UK, but some areas are worse than others. The region with the worst record of medical negligence, according to the Medical Accident Group, (or MAG, this organisation conducts a regular poll survey of people in all areas) is Yorkshire and Humberside. Nearly 1500 adults involved in medical negligence claims were questioned about their experiences and it seems this region is the worst place for substandard medical care.

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This ongoing survey by the MAG, should be taken into consideration by house buyers looking to move locations. It highlights the medical negligence ‘black spots’ on behalf of patients that have suffered in this way. 6 out 10 of the respondents felt responsibility for others and said ‘they didn’t like the thought of other people going through the same’. So be aware of this nationwide problem.

Just behind Yorkshire and Humberside with the second place worst reputation according to the same survey, is the South West region. Here medical negligence is more likely to be of a different nature with a high number of cases originating in the operating theatres of the NHS. Surgical complications can be the most distressing sorts of medical negligence.
At number 3 in this chart of misery and suffering is the North West. It seems you are more likely to receive ‘catastrophic’ injury and have to make a legal claim for compensation here and in the capital. It is notable how medical negligence claims trends follow the money. Because London had the highest number of actions coming out of cosmetic surgery complications.

The least worst area for medical negligence claims, according to the survey is the East Midlands. But don’t join the rush to Nottingham too soon, because this region has a poor record when it comes to complications during pregnancy and following births. So the countdown of shame, when it come to medical negligence looks like this;Yorkshire & Humberside are top especially with, birth injury complications followed by, the Southwest for surgical complications, the North West for unusually high numbers of catastrophic injury claims, London for cosmetic surgery complications and fifth, the East Midlands again with birth injury complications.

The MAG report writers say, in the interests of balance; ‘Whilst these results may seem alarming, it’s important to remember that most surgeries, medical procedures and births go smoothly and don’t lead to a medical negligence claim – it’s a small minority that have a bad experience.’

This survey is another piece in the big picture jigsaw of the NHS. It is also an important addition to the transparency, so vital if quality of care standards are to be raised. Too many patients who have a bad experience do not claim, out of fear of incurring further poor quality care. Yet it is vital that people do claim, so as to help prevent their bad experiences continuing with other patients.

Source: https://www.medicalnegligenceassist.co.uk

Medical Negligence Claims Cases in the UK on The Rise

In the UK each and every year, the number of claims for medical negligence cases are on the rise. It’s possible to state the only outcome to a claimant for a case of negligence is the award of damages; where monies are allotted for the proposed damages in a claim filed by the patient, the patient’s family or that of a solicitor for a family.  In the event that a serious side effect has happened in your life, where you are unable to find suitable work, unable to sustain your current living standards and or a sudden change in your mental capabilities, filing a claim may be your best bet.

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Negligence is handed by the legal duty of care which is owed to one person and provided by another which may have resulted in damaged caused by that person. Clinical Negligence often referred to as medical negligence is wrapped around claims against nurses, doctors, healthcare facilities, health care professionals and their supposed companies.

In all generalities, there is a bit of a difficulty when it comes to proving that a doctor or medical staffs who were responsible for treating a person or a family member owe the families or persons the duty to take care of said person. This is not limited to nurses or doctors, but also other health facilities, health practitioners and their said companies. This can also include laboratories, therapists, mental doctors and institutions as well as ambulance or emergency services.

In the UK the Bolam test is a test of whether a doctor breached the duty of care to an individual based on the standards set down by his or her precise field of expertise.  Remember you are required to show, whether the Doctor did or did not do this service. The comparison of other skilled practitioners in the same field will be measured against the Doctor in question.  Recent changes however, made to the court system have deemed when the court is relying on the verbiage of a Doctor to show what was not negligent – the opinion also has to be logical and reasonable.

When the presented information is handed to the courts, they will decide whether the matter is concerning treatment, diagnosis or plain advice. In some cases, generally speaking but in more specifics private practices are where there seems to be an issue. You or your loved one may have a signed contract for a specific type of treatment. In private care, the Doctor may have stated a specific type of treatment in which the treatment may have not happened as stated. This is where it should be noted that the Doctor may be in breach of the contract especially if he or she has not indeed been negligent.

Extreme cases of negligence are often more of a patient needing an amputation and the wrong limb was removed. In this case, the Doctor would have to prove why he or she did not take the correct limb. The best way to be ready for these scenarios is to be able to consult someone who knows the laws and what to advise you to do. Remember, there is no harm in seeking to claim. After all, you only get one life.

 

Source: https://www.medicalnegligenceassist.co.uk

Medical Negligence Is Something You Need To Act On Immediately

Medical Negligence or Clinical Negligence as it’s called today happens when something goes wrong in the medical field of a patient. Whether the patient is being treated for a minor illness or after a major surgery; usually what happens is the patient may become sicklier or die suddenly. When this happens a claim for Clinical Negligence is filed. In the UK thousands of clinical negligence cases happen per year. It’s hard to determine whether these are from lack of interest, an over sight or just because someone felt the condition of the patient was not as bad as they initially thought.

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Clinical Negligence is a growing concern and you should have someone you can trust when you suspect someone of not being true to your illnesses or the illnesses of your loved ones. Throughout time there have been instances where negligence was very serious, with patients and family members dying left and right. To make sure this does not happen in the county in which the event took place should have some type of punishment lined up for the doctors, nurses, the hospitals or the clinics where the case happened.

Without someone to help you with the maze of paper work involved in your claim, you could be missing out on the funds you could be reimbursed with and closure to your family loss. While there is no guarantee that your case will be accepted or monies given as retribution, you should still be prepared.  Finding a doctor or nurse in a negligence case has to have some proof of evidence. You must be able to show that the doctor or nurse did not act in a professional way.  If you went to a skilled practitioner who is a specialist and has treated a patient in accordance with the outlines of the practice, then there will be a very difficult time proving the treatment was intentional to harm.

In some severe cases the probability of a case is determined by the by chance of a cure where the person surviving the illness has a greater chance of surviving the illness instead of a by chance of maybe surviving a serious type of cancer.  Negligence would not be found with the latter, but it’s considered when there is harm done to the patient.

When filing a claim, evidence should include an inability to obtain work or reduce wages because of mental issues derived from the lack of treatment for the illness.  Lost wages incur a reduced sort of living which can then lead to more stress on the patient. This is factual information which resides in the current situation which can be used to make a claim.

When Doctors are called upon to give evidence to the court system, they must remain impartial to the parties. They are there to advise the court, but not to side with their solicitors. Often because Doctors have the expertise, people tend to hire solicitors with insurance monies in hopes that they will win their claim. Make sure that you do not succumb to medical negligence, and the moment you feel that your health, or a loved one’s health has been compromised, act.

Source: https://www.medicalnegligenceassist.co.uk