Medical Negligence Solicitors Are Your Friend

The term 'medical negligence' refers to any harm or injury a person has suffered from, due to negligence or error in treatment by a medical professional. A medical negligence solicitor is a person who helps people who have suffered from negligence, and helps them claim compensation according to the law. A patient who visits a doctor places all his trust in the doctor's abilities, and consults him in the belief that he will do only what is best for the patient. Hence, when the doctor's negligence causes any physical injury or mental stress, he can approach a solicitor to claim damages.

When to Contact a Medical Negligence Solicitor

Any patient can get in touch with a solicitor about claiming damages if he (or someone from his immediate family) has been harmed or injured by any way by a wrong diagnosis; a surgical error, like mistake in the dosage of anaesthetic given during surgery, or an instrument left inside the body; any infection contracted due to unclean conditions in a hospital; a wrong prescription given to him; death of a family member due to negligence; or birth problems like cerebral palsy which could have been caused by medical error.

Medical Negligence Claims

The amount of compensation that a patient claims depends on his case, and the circumstances. In general, the claim may include compensation for the actual physical injury and mental trauma suffered by the patient due to negligence; loss of income due to the medical error, and loss of future income due to the same; general expenses related to the injury and trauma (for its treatment, travel expenses incurred during the treatment, etc); cost of care required after the negligence occurred; and compensation for any lifestyle changes the patient may have to make.

Contact a Medical Negligence Solicitor Now

Medical negligence solicitors are available in plenty in the UK, and they help thousands of patients who have suffered due to inadequate care from medical professionals. If you think your sufferings have been caused by negligence, the best way to get started is to contact a medical negligence solicitor right away. The solicitor will help you get together all the facts and documents necessary and related to the case, and approach the courts with a lawsuit for compensation. Today, most medical solicitors work for free until the case is won - that means they will take up your case for free, and charge a fee only if you are awarded damages for negligent care.

Solicitors aim to help their clients get amounts of money that can partly compensate for the injury or losses they have suffered. Of course, no amount of money can make up for injuries, loss of limb, or the loss of a loved one, but the damages won in a medical negligence case can be used to help the sufferer or the survivor improve the quality of his life, now that he is in a situation he never expected to find himself in, and for no fault of his own.

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Clinical Negligence: An Introduction and Definition

In life things go wrong every day; people make mistakes and errors some of which impact other people. In the medical profession when things go wrong other individuals are generally affected, sometimes in particularly negative ways. The vast majority of doctors and medical professionals want to do the best they can for their patients but accidents can happen. In addition to this there can be lapses in concentration or judgement that can result in doctors failing in their duty to provide healthcare. Stress and problems in doctors' personal lives can have a bearing on their work performance just like in other careers - they are only human after all. There are also extremely rare cases of doctors or medical professionals deliberately or maliciously harming their patients. If you feel that a doctor has failed in their duty to look after their patients or has been negligent or caused harm (both physical and emotional) there are a number of ways to deal with the situation.

Firstly you will need to think calmly about your problem and whether you actually have a case. You will need to act rationally and sensibly as rash actions can cause further problems. You will need to work out what you want to achieve. In most cases many people want an explanation for the reasoning or cause of their case and many just want an apology. In more extreme cases some people may wish to take legal action to achieve recompense for the problems they have suffered. One of the first things you will need to do is to make a complaint in writing. All general practices should have a complaints procedure that you can follow. Once you have submitted your complaint to the correct people you should receive a response. If this response is unsatisfying you can take it further by submitting it your local health authority for a second review.

There are a number of organisations that can help you with making a complaint or can give you advice on your problem. For example, your local Patient Advice and Liaison Service (PALS) can help if you have concerns or wish to make a complaint about the quality of care you receive from the NHS. The Citizens' Advice Bureau can also advise those who wish to make a complaint about being poorly treated or misdiagnosed by your GP. The Independent Complaint Advocacy Services is an impartial service that can help anyone wishing to make a complaint about NHS care or treatment, including private hospital or care home treatment. Finally if you are unsatisfied with the response from your doctor or GP to your complaint you can appeal to the Health Ombudsman. In the majority of cases the Ombudsman will only take action if you have already tried to settle your complaint with your doctor or health care professional and they have responded.

For most cases, the avenues of action listed above are sufficient. However, legal action can be taken in regards to clinical negligence for the more problematic cases and for those seeking compensation. Though legal proceedings can be undertaken, only around 2% of cases actually go to trial, most are settled outside of court. The definition of clinical negligence officially defined as 'a breach of duty of care by members of the health care professions employed by NHS bodies or by others'. In order to be successful a claimant has to prove liability and causation. Liability is where the claimant can prove that the doctor acted in a manner that no other similar professional would have done. Causation is the proof that harm has resulted from the aforementioned actions taken by the doctor. Once these two factors have been proved the claimant's loss is assessed in terms of their reduced quality of life, loss of future earnings and mental distress.

Taking clinical negligence legal action usually requires the services of clinical negligence solicitors. The cases have to follow rules called Civil Procedure Rules (CPRs) that have to be followed by legal professionals. In basic terms in order to take up a clinical negligence law suit, a letter of claim has to be sent and the 'defendant' will have to gather information and respond to the letter. If this is not satisfactory the claimant will have to issue 'particulars of claim' and 'particulars of negligence'. The defending parties will then have to produce a formal defence. If the case continues it will eventually be taken to trial.

There are several ways of dealing with a complaint about medical care and a number of organisations that will help you to do so. You will need to think clearly about your case and your complaint. If you are still unsatisfied by the result of your complaint you may need to involve legal professionals.

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Have I Got a Down's Syndrome or Cerebral Palsy Claim?

Down's Syndrome and Cerebral Palsy for Clinical Negligence

Pregnancy can be both an exciting and worrisome time for those expecting and their families. With ever increasing medical advances it is now possible to screen for various defects such as Down's Syndrome and other conditions, prior to birth.

The risk of a child being born with Down's Syndrome directly correlates to the age of the mother. The risks become much greater the older the expectant mother becomes:

•1:1,500 at 20 years of age •1:800 at 30 years of age •1:270 at 35 years of age •1:100 at 40 years of age •1:50 at 45+ years of age

However, there are various screening programs, which aim to determine which pregnancies may be affected. There are two screening methods, which include serum screening and ultrasound screening. These methods can be used in isolation, but are much more effective if used in conjunction with one another.

The 12 week scan provides an excellent opportunity not only to date the pregnancy, but also to check for Down's Syndrome. Down's Syndrome can most easily be detected from an ultrasound scan between 11 weeks and 2 days and 13 weeks and 6 days gestation. However, the most accurate readings occur at 12 weeks.

An expectant mother should also receive a blood test at 10 and 15 weeks and this should be read in conjunction with the 12 week scan. If both are considered together, there should be ample opportunity for an experienced sonographer to detect foetal abnormalities.

When examining the foetus, the sonographer will examine in some detail the nuchal translucency. This is a small pocket of fluid beneath the skin in the foetus' neck and this is present and seen in all foetuses in early pregnancy. The pocket of fluid is often increased in foetuses with Down's Syndrome.

The sonographer will measure the nuchal translucency, which often appears on the ultrasound scan as a black space under the skin. The nuchal translucency should normally measure no more than 2.5mm. If the nuchal translucency measures more than 2.5mm, then there is an increased risk that the child will suffer from Down's Syndrome.

In addition to this the sonographer will consider the foetus' nasal bone. Significant research indicates that the shape of the nasal bone is a clear indicator, which should not be overlooked.

If the screening test illustrates that there is a chance that the foetus may have Down's Syndrome, and where the risk that the foetus may have Down's Syndrome is greater than a one in 250 chance, the expectant mother will be offered a diagnostic test.

There are two diagnostic tests available - chorionic villus sampling (CVS) and amniocentesisis. CVS testing occurs between 11-14 weeks and amniocentesisis testing is performed at 16 weeks of pregnancy.

Amniocentesisis Testing

An Ultrasound scan will clarify the position of the baby in the womb. A needle will be inserted through the abdomen of the expectant mother into the womb and a sample of the amniotic fluid will be taken. The amniotic fluid will be analysed and a diagnosis determined.

Chorionic villus sampling

An ultrasound scan is used to guide a needle into the abdomen and a tissue sample is taken from the placenta. The sample is analysed in the laboratory and a diagnosis determined.

There is an increased risk of miscarriage when a diagnosistic test is undertaken.

Cerebral Palsy and Clinical Negligence

There are various other complications that can occur during both pregnancy and during childbirth. Cerebral Palsy is a condition affecting a child's brain that can cause both physical and mental disability. This can occur before, during or after the delivery and there are numerous factors which can result in a child developing Cerebral Palsy. For example as a result of problems with blood supply to the baby's brain during delivery and birth trauma. However, Cerebral Palsy can occur while the baby is still growing in the womb.

Unlike Down's Syndrome, it is not possible to test for Cerebral Palsy in the foetus. There are various different methods that doctors use to help diagnose Cerebral Palsy. Primarily doctors will begin by testing the child's motor skills and analysing the child's past medical history.

Symptoms of Cerebral Palsy

Some of the symptoms of Cerebral Palsy include:

· Developmental delay

· Problems walking, eating, talking

· Poor co-ordination

· Poor balance

· Learning difficulties

· Abnormal muscle tone

· Poor posture

A doctor can also perform various medical tests such as MRI Scans, CT Scans, and ultrasounds to help diagnose Cerebral Palsy.

If you are concerned as to how your pregnancy was managed and any resulting injury to you or your child then you should contact specialist Down's Syndrome and Cerebral Palsy clinical negligence lawyers.

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What Is A Non Traumatic Brain Injury?

An injury such as this is one which has not occurred as a direct result of trauma to the head. Rather, it is an injury which has been brought about because of a medical disorder like disease, infection or a tumour. Contrary to what its label may imply, this type of condition is very distressing for victims and their families.

An injury to the brain such as this is also classed as an Acquired Brain Injury (ABI) in that is has come into existence since birth (or indeed, even during childbirth). The fundamental difference between the two types of injury (traumatic and non-traumatic), is that the latter occurs throughout the brain on a cellular level rather than in one concentrated area (localized). Symptoms vary across the spectrum, from mild to severe.

Types of non-traumatic brain injury

Anoxic Injury

Anoxic injury occurs when the brain is not receiving enough oxygen, this often happens during a cardiac arrest situation.

The 3 kinds of anoxic injury are:

Anaemic Anoxia No oxygen is present in the blood that flows to the brain.

Anoxic Anoxia The brain is starved of oxygen.

Toxic Anoxia When toxics in the blood prevent oxygen getting through to the brain.

Hypoxic Injury

Hypoxic Injury occurs when some of the brain cells die through lack of oxygen.

Detection and Diagnosis

Because of the wide spread and often microscopic damage of a non-traumatic brain injury it can be difficult to diagnose with a CAT scan; MRI scans are more successful in detecting brain damage but the high cost of using them is often somewhat limiting.

Common causes

Encephalitis - swelling of the brain caused by an infection Toxic or metabolic injury happens when a person has been over-exposed to harmful chemicals or substances Vascular problems which can result in low blood supply to the brain When cells in the brain mutate and form a brain tumour Methods of brain tumour treatment e.g. chemotherapy Degenerative diseases like Alzheimer's or Parkinson's disease Viruses are a common cause of a non-traumatic brain injury Meningitis (meningeal swelling)

Other instances where this type of injury has resulted includes meningitis, (meningeal swelling); Metabolic disorders; Aneurysms; Diabetic comas; Drug abuse; near-drowning experiences.

Children who suffer a non-traumatic brain injury experience more onerous symptoms in cognitive and behavioural areas. They often spend longer in a coma and can sustain muscle disorders like cerebral palsy.

Medical negligence in non-traumatic brain injuries

Because these types of brain injury do not have a direct correlation with a single physical blow to the head and are usually related to complex diseases or conditions, victims can be forgiven for presuming a claim would not be viable. However, there are a number of reasons why a medical negligence claim in a case of non-traumatic brain injury is indeed, very plausible.

Examples of situations where medical negligence may lead to a non-traumatic brain injury

Incorrect diagnosis and failure of prompt treatment Carelessness during or after surgery where there has been an interruption of oxygen to the brain Mistakes made with prescriptions Infections caught in hospital Birth injuries, e.g. cerebral palsy Failure to detect the onset of a stroke Incorrect treatment or misdiagnosis of meningitis or failure

On top of a very distressing medical condition, victims and their families have to also deal with the pressure of loss of earnings, rehabilitation & corrective treatment costs, private care outlays and other associated expenditures.

Investigating how a non-traumatic brain injury was caused and who is responsible can be a complex process but our expert legal team has a wealth of knowledge and experience in all types of personal injury and compensation claims and are fully conversant in all forms of medical protocol necessary to deal with your claim intelligently and appropriately.

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Nursing Care Malpractice (Part II)

(Nursing Care Malpractice Part One discussed what is medical malpractice and the Indiana laws regarding medical malpractice. This article will discuss what happens if I get named in a lawsuit and should I have my own malpractice insurance. We all make mistakes just because we are human beings.)

What Happens If I Get Named In A Lawsuit?

There are two parties in a lawsuit, the plaintiff who is the patient initiating the suit and the second party is the defendant, who is the doctor or healthcare provider who is defending himself in the case. The plaintiff has the burden of proof to prove that there is medical malpractice. The burden of proof is that it is more likely than not that the defendant breached the standard of care.

The easiest example is by looking at the scales of justice. One side is for the plaintiff and the other is for the defendant. Plaintiff has met their burden of proof when the scale tips slightly to their side. It is unlikely for a nurse to get named individually. It is more likely that the employer will be named. As an employee of a healthcare entity such as a physician's office, hospital, nursing home or home healthcare service, the employer is responsible for the acts of negligence of its employees. The only exception where an employer will not be responsible for the acts of a nurses if the nurse is acting outside the scope of his/her responsibility. For example, if the nurse is ordering medication without a physician's order, the nurse is practicing medicine without a license and acting outside the scope of her responsibility.

Although it is unlikely that a nurse will get named as a defendant, it is possible that the defendant's attorney will ask to take the nurse's deposition. Even if a nurse is not directly named, this only affects payment and not the nurse's own accountability. The nurse should still be proactive to avoid any implication of malpractice.

What is A Deposition?

A deposition is simply a process where a witness is asked questions under oath. The court reporter takes everything down that the witness says. In a lawsuit, there should be no surprises. Both sides are entitled to get as much information as they can from anybody who has knowledge regarding the case.

If a nurse is asked to have his/her deposition taken, the attorney for the employer will properly prepare the nurse for the deposition.

Should I Have My Own Malpractice Insurance?

Whether or not to have your own malpractice insurance is a personal choice. The benefit of having your own is that it gives you a right to have your own attorney present at a deposition.

If you choose to have malpractice insurance, it is imperative that you become a qualified healthcare provider under the Indiana Patients Compensation Fund. In Part One of this article series we noted that, to have a healthcare provider's liability limited to $1,250,000.00, one must voluntarily participate and be qualified under the Indiana Patients Compensation Fund pursuant to the Indiana Medical Malpractice Act ("Act").

This requires that your insurance company pay an additional premium so as to qualify you under the Act. Nursing malpractice insurance is relatively inexpensive. However, it is more expensive to be covered by the Act. You must remember that it gives you certain benefits of limiting your liability so that there is no personal exposure. The Act also requires that your case must be presented to a medical review panel before it can proceed in court.

It is also advisable to have your own attorney if the hospital's interests are different from yours. If your position was terminated over this incident or you feel like the hospital will not support you in the care that you provided, it is advisable to have your own legal representation. In any event, it is advisable to seek the advice of an attorney should you get named in a suit or be asked to have your deposition taken because your testimony will be under oath and it can be given to the Indiana State Board of Nursing for further action if the Board deems necessary.

The best defense is a strong offense. By practicing defensive nursing care and charting thoroughly and being proactive with your care, it will save you a lot of time and trouble in the future.

After a long day it is difficult to have the energy to sit down and chart extensively, but imagine picking up a chart two to three years after the malpractice occurred and trying to remember what happened. I would challenge each one of you to pick up a chart that you wrote on six months ago and see how good your recollection is and see how well your notes protected you.

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Vaginal Mesh For Pelvic Prolapse: Treatment Causes More Damage For Some Women

It is unacceptable when a medical procedure intended to make a patient feel much better goes bad and causes additional pain and discomfort. It's even worse if the medical procedure causes serious, permanent debilitating injury or loss of life.

A good example is recent problems experienced with vaginal mesh, a good medical tool intended to restore a normal life to women who have been suffering but sometimes results in their quality of life worsening.

Vaginal mesh has been commonly used by doctors for women suffering from pelvic organ prolapse where a woman's uterus, bladder or rectum slips out of place. A common treatment has been to implant vaginal mesh to strengthen vaginal or other tissue that has weakened, usually after childbirth.

Surgical mesh, generally used to repair weakened or damaged tissue, is made from porous absorbable or non-absorbable synthetic material or absorbable biologic material. Surgical mesh can be used for urogynecologic procedures, including repair of pelvic organ prolapse and stress urinary incontinence. It is permanently implanted to reinforce the weakened vaginal wall for Pelvic Organ Prolapse (POP) repair or support the urethra or bladder neck for the repair of Stress Urinary Incontinence (SUI).

About 100,000 women were treated or pelvic organ prolapse with surgical mesh in 2010, with 75,000 of those implanted vaginally. The FDA for the first time began sending warnings to doctors, citing more than 1,000 manufacturer reports of complaints from 2005-2007. Since then the number of complaints regarding vaginal mesh has increased five times. Most of the complications involve erosion where the skin breaks and the device protrudes or contraction of the mesh that results in vaginal shrinkage.

There are new treatments for pelvic organ prolapse that can be corrected in one day minimally invasive with minimal recovery times. Dr. Adeeti Gupta, MD and OBGN of Flushing, NY, uses this treatment because women suffering from prolapse face enough problems without having risking mesh implants that can worsen their lives.

"Urine incontinence and pelvic organ prolapse is a very prevalent and distressing condition in women," says Dr. Gupta. "But because of the fear of guilt and shame, women are afraid to come out in the open with these problems. I can help these women, and it is very gratifying to be able to improve their quality of life."

Events regarding use of vaginal mesh have escalated rapidly since 2010. In 2012 the FDA ordered transvaginal manufacturers to study the risks involved after receiving more than 3,800 reports in 2011 of complications related to vaginal mesh. As a result manufacturers are required to submit study plans to the FDA that address specific safety and effectiveness concerns related to surgical mesh devices for pelvic organ prolapse and single-incision mini-sling devices for incontinence issues. Data from the studies will enable the agency to better understand the safety and effectiveness profiles of these devices.

Some of the dangerous side effects of vaginal mesh include

• Erosion of the vaginal epithelium • Bladder of bowel perforation • Serious infection • Return of Pelvic Organ Prolapse • Urinary Incontinence • Additional Surgery

Because of the growing reports of complications, there has been a marked increase in lawsuits filed against manufacturers - as of May 2012, 335 against AMS, 268 against Johnson & Johnson's Ethicon division, 205 against Boston Scientific and 645 lawsuits filed against C.R. Bard.

In March 2012 Bloomberg News reported that Johnson & Johnson sold vaginal mesh implants for three years before was approved for use by the FDA.

Because of these developments, any woman who has had a vaginal mesh implant should make an appointment with the physician who performed the implant for an examination and to learn from the doctor which manufacturer made the device. After having all their medical questions answered, afflicted women should then talk with a knowledgeable attorney about what actions, if any, should be taken.

To succeed in a medical malpractice lawsuit the patient's well-being has to be made worse because of a treatment or procedure, the worsened condition has to be the result of negligence, and it certainly helps when there has been a willful decision to continue after warnings have been issued.

Manufacturers will and have ignored warnings and cautions from the FDA but they do listen closely to their attorneys when advised of the filing of medical malpractice lawsuits. Any woman who has been harmed by a vaginal implant should consider legal action as a means to stop manufacturers continuing business practices that will harm other women. Victims of vaginal implants should also consider legal action as a means of getting the justice they so much deserve.

So my best advice to vaginal mesh implant victims is to first consult your physician and then consult an attorney who specializes in medical equipment malfunctioning. This is the very best way to make a painful situation better and find a remedy for women who become victims because of the greed and carelessness of people and companies they should be able to trust.

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