Tag: medical negligence

For most people with little or no understanding of the law, the whole area of medical negligence can seem complicated, even a little daunting. It can put people off pursuing claims, even when they feel they have a legitimate reason to make one. They might feel it’s financially prohibitive to make a claim, or that their case isn’t serious.

As specialist medical negligence solicitors, we talk to lots of people whose lives have been impacted by treatment that fell below an appropriate standard. They often voice a range of concerns about their claim, some of which we look at here.

Can I prevent the same thing happening to others?

People often presume that the main motivation for making a medical negligence claim is financial – That the claimant is seeking financial redress for what happened to them. Perhaps their careers suffered as a result, or they incurred lots of extra unexpected costs. Maybe they are looking for financial compensation for the pain and mental anguish they experienced as a result of negligence.

Some medical negligence claims involve procedures that were deeply traumatic resulting in ongoing stress and other mental health issues. The medical negligence process is designed to provide compensation that puts the victim in the position they were in before the incident happened. Strictly speaking, the aim is restitution rather than compensation.

While it would be wrong to downplay the importance of financial compensation for a victim of medical negligence, in most cases, it only plays a small part in their reasons for pursuing a claim.

Many want to ensure that a similar incident doesn’t happen to anyone else. They want proper attention to be paid to what happened to them and for tangible action to be taken. They may initially have had little intention of pursuing a medical negligence claim but were prompted to do so by frustration at how their complaint was dealt with. If they feel they have something important to share with the clinician and it has been dismissed, then they may feel that a claim is the only course of action left to them. They may not feel listened to and that communication has completely broken down between themselves and the clinician. They may no longer trust the clinician or the medical practice to take adequate action. They may feel their complaint is not being taken seriously and their concerns are dismissed.

If this is the case and the claimant is keen to ensure that no-one else should be the victim of anything similar, then a medical negligence claim may be the only route forward. By making the claim you can prompt the professional involved and the employer to investigate the incident further. This can lead to action being taken to minimise risk and a change in practice. Medical negligence claims have in the past been a catalyst for major changes in how some treatments are delivered.

Will a medical negligence claim affect my treatment going forward?

No two medical negligence claims are the same, but it can take between 12-36 months to complete a medical negligence claim. This length of time can be a concern for people, particularly if they’re in need of ongoing medical treatment.

People considering making a medical negligence claim often raise concerns about how it might impact on their future treatment, particularly in the year to three years when the claim is being considered. They may have limited alternative options locally for their treatment. They worry that their treatment will be disrupted or will somehow suffer.

This should not be the case. In fact, medical practitioners are legally required to provide the same level of treatment even if you have made a medical negligence claim against them.  You may feel personally uncomfortable being treated by the person against whom you are making the claim. Trust plays a large part in medical treatment and if you no longer have confidence in a medical practitioner then it’s not unreasonable to ask to be seen by another clinician. Most medical establishments will want to honour your request.

Medical practices in the UK are not allowed to refuse treatment to someone who has made a complaint in the past.  If you decide to move GP practices no record of your claim should be passed onto them. If you remain at the same practice you should be treated no differently because of your claim. If you feel that you are being treated differently it’s important to complain to the practice manager, or to your solicitor who will be able to offer advice about how you should proceed. The practice cannot attempt to force you to change to a different practice.

In practice, most medical providers have well worked out complaint procedures. These should ensure that your complaint and your treatment are kept entirely separate. They should try to ensure that you are treated fairly and that your claim is never mentioned during your treatment.

No one makes the decision to make a medical negligence claim lightly and claimants always have a range of concerns. Fear of being treated differently by medical practitioners due to making a claim shouldn’t influence your decision.

Is a claim only about money?

If you were to believe the tabloid press, people who make medical negligence claims are largely motivated by personal greed, aided and abetted by legal firms out to make money on the back of someone else’s misfortune.

The caricature is far from the truth. Medical negligence claims are complicated and lengthy processes with no guarantee of success. If a claim is successful, the settlement offered may well be modest. The aim of the medical negligence process is not to offer compensation, but restitution. Any settlement is not designed to lead to a life of luxury for the claimant. Instead it is about ensuring they have a similar quality of life to that which they had prior to the incident. Medical negligence solicitors always spell this out to potential claimants from the very beginning. If anyone is entering the medical negligence process with thoughts of making money, then they are misguided.

Talking to clients, we find they have a range of different motivations for pursuing a claim. Firstly, there is the distress, pain and inconvenience that has been caused by the incident. People lose their jobs, sometimes relationships, they can no longer enjoy activities they once enjoyed, and find their lives severely limited by medical negligence. In some cases, the negligence can ultimately lead to premature death.  

Most of them will already have made a complaint about what happened to them not expecting to have to take the process any further. The response they received through the complaints procedure may not have addressed their concerns. They may feel they weren’t listened to, or that the approach of the professionals dealing with their complaint was dismissive. This can lead to intense frustration and feelings of powerlessness. People are often at their wits end when they approach us having exhausted every available option short of making a claim.

High levels of trust are placed in medical professionals and when it’s felt that this trust has broken down it can leave claimants feeling bewildered. These emotional responses can all play a part in why people decide to pursue a claim, but without real substance to the claim a legal professional is unlikely to take on the case.

They may hope to receive a proper apology for what happened to them and to find closure for what has been a traumatic incident. This can be just as important as any financial payment when it comes to helping someone move on with their life.

Ensuring that the incident is properly investigated and lessons are learnt is another key motivation. Claimants don’t want something similar to happen to anyone else.  They may want the clinicians involved to be properly held to account for their mistakes.

The reasons for pursuing a medical negligence claim are complex and varied. No two cases are the same, but money is rarely, if ever, the principal motivation for our clients.

What happens to the doctors and nurses involved in my claim?

It may be surprising, but one of the main concerns of people making a medical negligence claim is what might happen to the doctors and nurses involved in the initial incident. People are genuinely concerned that the impact on the lives and careers of the professionals involved might be detrimental to the point of career ending.

There are high levels of respect for the NHS in the UK. Doctors and nurses are trusted much more than members of other professions. In most cases we may feel that any medical negligence of which we were a victim was a rare mistake on behalf of the individual, rather than part of a consistent pattern. That’s mostly the case. Medical professionals are highly trained individuals who operate within strict frameworks designed to minimise mistakes and ensure patient care. But these frameworks are not foolproof and even the most diligent of professionals can make mistakes. When that professional is a doctor or other health professional, the consequences can be drastic for the patient.

When a medical negligence claim is made the health professional in question will likely seek advice and support from their particular professional body, such as the British Medical Association or the Royal College of Nursing. They may receive support in their workplace, which is likely to have a tried and tested procedure for dealing with medical negligence claims.

It’s possible there will be an internal investigation into what happened in this specific case. A claim also highlights areas where staff need further training or improvement can be made to the process, or new processes introduced.

Medical indemnity insurance is a legal requirement for any medical professional working in the UK. This insures them and their practice against medical negligence claims, so neither the professional nor the practice will be left out of pocket should your claim be successful. This reflects the understanding that mistakes do sometimes happen and that medical negligence claims may sometimes be unavoidable.

In some instances, the medical negligence claim may be so severe and life-changing that the claimant is keen to ensure the practitioner faces consequences for their action. Pursuing a claim can be a way to prove that a serious mistake happened and that the professional involved should not be practising. A successful claim may in some cases lead to a lengthy suspension, or a requirement that the professional undergoes further training. In some cases, the negligence incident may be so severe that that they are never allowed to practice again.

Medical negligence claims are not uncommon across the health sector and most organisations will have developed procedures for dealing with them. This will include ensuring that professionals involved are supported throughout the claim, and that adequate action is taken to resolve the issue. Employers will also be keen to ensure that health practitioners are conducting their duties at a satisfactory level and will support them in acquiring or re-acquiring the appropriate skills to ensure incidents don’t reoccur.

By not proceeding with a medical negligence claim you may feel you are helping a professional who you think made an honest mistake. In reality, complaints and medical negligence claims can be the necessary prompt to ensure that a similar mistake doesn’t happen again.

Talk to the medical negligence specialists

If you feel you have been the victim of medical negligence and you don’t feel that your complaint has been properly dealt with, then our team of experienced medical negligence specialists would be happy to hear from you. We can provide confidential and impartial advice about your circumstances and explore if a claim might be appropriate.

Get in touch today to learn more about how we can help.

Over recent years the practice of administering medical iron infusions have come under closer scrutiny from both the media and medical professionals. They are prescribed to help treat and prevent iron deficiency anaemia. Occasionally, however, there can be issues with how the infusion is administered.

When it goes wrong the effects can be long-lasting. When that’s the case, it’s possible to make a medical negligence claim for compensation.

What is an iron infusion?

Iron infusions are used when dietary changes and iron supplements have proven ineffective in treating iron deficiency. They’re usually administered via injection, or by a drip straight into the vein in a procedure that lasts between 30 minutes and an hour.

Like most medical procedures, they come with a range of potential side-effects. The potential side effects of iron infusions can include:

• Bloating or swelling of the face, arms, hands, lower legs, or feet.
• Dizziness, faintness, or light-headedness when getting up suddenly from a sitting or lying position.
• Gastrointestinal pains such as nausea or cramps.
• Problems with breathing.
• Skin problems, including rashes.
• Chest pains.
• Low blood pressure.
• Anaphylaxis (a severe allergic reaction that can include difficulty breathing, itching, or a rash that can cover the whole body).
• Extravasation injury (damage caused by the loss of the solution from the vessel into the surrounding tissue spaces during an intravenous infusion. It can cause long term discolouration, ongoing pain and a loss of mobility).

If you have undergone an iron infusion procedure and you feel it fell below a minimum professional standard of competence, resulting in an avoidable physical or psychological injury, you may well be able to make a medical negligence claim.

How does a claim work?

Clinical negligence cases can be complex and may take some time to reach a conclusion. A claimant in an iron infusion medical negligence case will need to prove fault on the part of medical healthcare professionals, and they will need to establish that there has been avoidable harm that has impacted you personally. This is known as causation.

This can make medical negligence claims appear daunting, and it often prevents people from making a claim, even in cases where they have a reasonable chance of success. With the right support, expertise and legal knowledge working with you, the whole process becomes much more straightforward.

What proof do I need?

Medical negligence cases need to be built on evidence. The more evidence you can provide the more likely your case will be to succeed. The kind of evidence that could be useful are:

• Medical records
• Photographs
• Detailed statements from the claimant
• Witness statements (these can be from family, friends, and employer or work colleagues)
• Financial evidence (did side-effects result in you being unable to work? Did you incur costs having subsequent medical treatment?)
• Any reports from medical experts that can be used as evidence

How much can I claim?

Lots of different factors will be taken into account when working out the value of any compensation claim. This is by no means an exhaustive list, and every case will be different, but the factors are likely to include:

• Severity of the injury
• Impact on daily life
• Length of recovery
• Loss of earnings and projected earnings
• Punitive damages

Is my claim likely to succeed?

Any claim for medical negligence can be time-consuming, involved and sometimes distressing. It’s not something that should be entered into without due consideration. The complexity of a medical negligence claim requires specialist legal knowledge. At Mark Reynolds Solicitors we have pursued countless successful medical negligence claims, helping our clients build up the necessary body of evidence and guiding them through the process.

We offer our services on a no-win, no-fee basis, meaning that you pay nothing unless your claim is successful. With that in mind, we have no interest in encouraging you to make a claim we don’t feel would have a reasonable chance of success.

For professional and sensitive advice about iron infusion medical negligence claims, call us on 0800 002 9577, or complete our online contact form.

Breast cancer is one of the most common types of cancer in the UK with statistics sadly showing that 1 in 8 women are diagnosed during their life time.

These statistics indicate that each and every one of us is highly likely to know someone in their lifetime that finds themselves face to face with this disease.

Tireless hours are spent raising awareness for breast cancer, ensuring that the signs and symptoms are known and checking your breasts becomes part of your weekly to do list. This is with the aim of ensuring that anyone who does have concerns knows that their next step should be to immediately present to their GP.

Symptoms of breast cancer include a change in size or shape of one or both breasts, discharge from the nipples, which may be streaked with blood, a lump or swelling in either armpit, dimpling on the skin of the breasts, a rash on or around the nipple, a change in appearance of the nipple such as becoming sunken into the breast.

Diagnosing breast cancer involves a mammography or taking a small sample of breast tissue to be examined. These are often performed following a “two week wait” referral by the GP.

With the awareness that we have and breast cancer being so common, it is tragic to discover that even these measures and precautions do not protect patients from Medical Negligence occurring.

Medical Negligence

Delay in Diagnosis

Medical Negligence may occur if there has been a delay in diagnosis which had led to the cancer getting worse, spreading and ultimately impacting upon prognosis and life expectancy.

Examples of when this delay could occur may be through a failure to refer a patient who presented with symptoms or a failure to investigate further following an examination and or a mammogram.

Our Medical Negligence team are currently supporting the family of a patient who negligently suffered a 12 month delay in diagnosis after a lump was identified on a mammogram but nothing else was done about it. After a 12 month period of returning to her GP and Hospital, the cancer was eventually diagnosed but by this stage it had tragically spread to other parts of the body and the prognosis was terminal.

Had this patient not received negligent treatment this could have resulted in the cancer being recognised at a much earlier stage, requiring less invasive treatment and not such a poor prognosis and ultimately such a tragic result. 

Inappropriate Treatment

Medical Negligence could occur following a diagnosis by way of a failure to correctly identify the stage of the cancer resulting in insufficient treatment, negligent errors during surgery or incorrect monitoring following breast cancer.

Our Medical Negligence team have recently resolved a case in the sum of £75,000.00 which involved reconstruction surgery of the breast following removal of cancerous tissues which left behind unidentified medical gauze in the breast leading to continuous infections. We are extremely pleased that we were able to achieve an excellent settlement for our client after many years of suffering in what could have been an avoidable instance of negligence.

Playing our Part in Raising Awareness

Here at Mark Reynolds Solicitors it is vital to us that we play a role in raising awareness for medical conditions and support the life changing research into diagnosis and treatment. 

On Friday 23^rd October 2020 we will be participating in ‘Wear it Pink’ day across all of our offices. Our colleagues will each wear something pink to support research and raise awareness for this awful disease.  

If you would like to discuss a possible medical negligence claim relating to Breast Cancer or any other medical failure, please contact one of our medical negligence solicitors on 01925 418 004 or email info@markreynoldssolicitors.co.uk

Here at Mark Reynolds Solicitors we are seeing an increasing number of cases of permanent staining arising from Iron Infusion Treatments.

Iron Infusions are often offered to patients who have iron deficiency anaemia and it is not uncommon for this treatment to be offered during a term of pregnancy. The procedure involves a cannula insertion in which the infusion can be dripped straight into the vein. This should be a pain free procedure and can sometimes result in a minimal amount of bruising at the injection site.

Sadly, many patients have been suffering much more permanent and painful results. These results arise from extravasation of the infusion.

Extravasation Injuries

An extravasation injury is when damage is caused to the surrounding tissue to the injection site as the solution will actually leak from the vessel into neighbouring tissue space. 

Clients who have fallen victim to this type of injury have reported the procedure feeling immediately painful and some noticing their skin around the injured site becoming orange in colour.

Following the procedure, there will remain a darkened area of skin which many of our clients have been reassured at the time is merely bruising, which it is not. It is in fact long-lasting and permanent staining to the skin.

The emotional distress this causes is hard to contemplate and coming to terms with the permanency of this staining can be a big adjustment for anyone to make who has experienced this.

Medical Negligence

Those who are administering Iron Infusions should be appropriately trained, understand the risk of extravasation and make the patient aware of the risk whilst also being able to identify signs and symptoms of extravasation throughout the procedure.

When the standard of care falls below what is required and the above factors are not adhered to, Medical Negligence may have occurred.

Our Medical Negligence Solicitors identify when the standard falls below what is expected and ensures that the negligent party is held accountable.

Our Medical Negligence Team have a depth of knowledge surrounding this type of negligence and want to ensure those who have had the misfortune to encounter this negligence are given the guidance and assistance they deserve in making a Medical Negligence Claim.

Most recently, Lisa Musgrave who is one of our Medical Negligence Solicitors, resolved a case relating to a client who attended hospital for a routine iron infusion and was left with permanent staining to the arm. In this case, the negligent hospital failed to correctly consent our client and also failed to undertake the appropriate checks during the infusion.

Lisa ensured that our client was seen by both a Camouflage Makeup Expert and Clinical Psychologist.  The experts made the appropriate recommendations to assist in rehabilitating the client which included access to a lifetime supply of camouflage makeup and further appointments with a Clinical Psychologist. This case was settled in the sum of £30,000.00.

Over recent months we have taken on an increasing number of cases similar to this one and our team continue to support and provide legal advice to any such clients throughout their ongoing claims.

If you would like to discuss a possible medical negligence claim relating to Iron Infusions or any other medical failure, please contact one of our medical negligence solicitors on 01925 418 004 or email info@markreynoldssolicitors.co.uk

At Mark Reynolds Solicitors, we can provide the legal representation you are looking for if you have been affected by a delayed cancer diagnosis. If an opportunity for diagnosis has been missed and the cancer has developed further than it perhaps otherwise would have, it’s only right that you should decide to take legal action.

Why would a diagnosis be delayed?

A cancer diagnosis can be delayed for many reasons. Tissue samples and smears are sometimes misinterpreted by specialists, as are scans and x-rays. The diagnosis may also be delayed because a detailed investigation was not carried out. Cancers that are sometimes diagnosed later than they could have been include skin, lung, cervical, breast and bowel cancer, as well as lymphoma, carcinoma and others.

You may also wish to take action if you have been diagnosed as having cancer when you didn’t. You may have undergone procedures that were not necessary because of your misdiagnosis or may have experienced great psychological suffering.

What are the risks of late diagnosis?

When cancer is diagnosed too late, the disease can spread throughout the body and make the illness less treatable. This can reduce your chances of survival. It’s vital that medical specialists diagnose cancer as quick as they possibly can, to give you the best chance of making a recovery. An early diagnosis also means your treatment is more likely to be successful. A report carried out by Incisive Health and Cancer Research UK found that around 52,000 cases of colon, rectal, lung and ovarian cancer may have been diagnosed too late each year. Delayed diagnosis can also raise treatment costs, resulting in the NHS paying more to provide care.

Is there always someone to blame?

Delayed diagnosis can happen for many reasons, and it is not always the fault of medical specialists. Some illnesses are diagnosed too late because patients remain unaware of the systems for some time before they seek help. It’s not uncommon for diagnosis to occur too late because patients are too fearful to visit their GP. However, if you do suspect your diagnosis occurred too late because a healthcare provider failed in their duty of care to you, we may be able to help you source compensation and justice.

Why choose Mark Reynolds?

We have a great deal of experience when it comes to handling a wide range of clinical and medical negligence claims. We always aim to get the best possible outcome for our clients, taking our time to understand the nature and impact of the negligence on you and your family. All of our solicitors have received the highest standard of training needed to handle medical negligence claims competently and professionally. For many of our clients, compensation is not the only reason for taking legal action. Equally, it’s about highlighting the issues and ensuring that their case is heard and ultimately acted upon.

Get in touch today

We can help you get closer to the truth and find out why something unpleasant has happened to you when receiving medical care and can reduce the chances of the same thing happening to others in future. To find out more about taking legal action following a delayed cancer diagnosis or misdiagnosis, contact us today.