Saturday, January 12, 2008

CLINICAL NEGLIGENCE COMPENSATION


Female Sterilisation

Inept surgical practices relating to female sterilisation account for more clinical negligence compensation claims than in any other area of medical practice. Legal action, including litigation, is typically due to a failed operation which results in an unwanted pregnancy however there are also occasional problems relating to inadequate consent for certain surgical procedures.

Negligent Treatment

The outcome of failed sterilisation for the patient can be extremely expensive, emotionally painful, physically stressful and psychologically damaging. Our solicitors help the victims of failed surgical procedures to reap maximum clinical negligence compensation for mistakes that have affected their lives so negatively. There are time limits within which you should begin legal action. If you think you have a claim because of mistakes by a healthcare professional you should take qualified advice as soon as possible

Keyhole Or Open Surgery

Due to recent scientific improvements in the techniques and surgical equipment available, most female sterilisations are undertaken by laparoscopy which may otherwise be referred to as ‘key hole’ surgery. The typical techniques used with a laparoscope are the application of clips or silastic rings and the technique of Diathermy coagulation (when specific directed heat is used to cut and seal the fallopian tubes and thereby sterilise the patient) which is less common due to a relatively high rate of failure when compared to the other available techniques.

Relative Failure Rates

It is an unfortunate fact that failed sterilisation is far more likely when using laparoscopy techniques or keyhole surgery than when the considerably more invasive and risky method of open abdominal surgery is undertaken. Relatively inexperienced NHS surgeons, effectively learning their trade ‘on the job’, cause a majority of these surgical mistakes.

Common Surgical Error

It can be difficult to take that first step in a clinical negligence compensation claim for failed sterilisation. This particular problem is the most common surgical failing by healthcare professionals and our approachable professionals are sensitive to this issue having dealt with very many similar previous cases. We put no pressure on you to do anything and leave you to make all your decisions – however we empower you with the knowledge needed to make these decisions from an informed basis. Let our expertise in this area help you make the right decision, whatever that decision may be.

The Limitation Act 1980

There are time limits for taking legal action for personal injury. Medical negligence claims must either have been settled or legal proceedings must have commenced in a court of law within three years of discovery of the injury failing which the opportunity to claim compensation may have been lost. There are some exceptions to the three year rule and the court does have a rarely exercised discretion to extend the time limit.

Free Legal Advice

If you would like free legal advice on your options regarding failed sterilisation just complete and send the contact form and a solicitor will call you. If after talking to us you decide to proceed no further then that is your right and you will not be charged for our initial advice which is given without further obligation.

UK CLINICAL NEGLIGENCE CLAIM ADVICE


Gynaecology & Obstetrics

Gynaecology relates to the female reproductive system, whereas obstetrics involves the management of pregnancy and delivery. The medical fields of gynaecology and obstetrics are together responsible for over 50% of all clinical negligence claim actions against healthcare providers. There is a wide range of problems caused by inadequate treatment in this area with sexual difficulties, urinary incontinence and infertility coming high on the list. To make matters worse these conditions are often associated with psychological trauma including depression due to the personal aspect of these intimate issues. The main areas associated with risk of inadequate medical treatment or care include

Contraception:-
Legal action for compensation can be taken for failure to prevent conception, perforation of the uterus by insertion of the coil and side effects including thrombosis caused by oral contraceptives.

Abortion:-
Damages can be claimed for failure of abortion due to negligent surgical technique including ‘wrongful birth’, damage to internal organs and the consequences of the introduction of infection.

Surgery:-
A clinical negligence claim can be made following failed surgery, which includes laparoscopy, for physical damage or injury or for failure to obtain relevant consents which include a full outline of any incumbent risks.

Laparoscopy is a minimally invasive procedure which entails making two incisions into the abdomen the first of which carries a micro camera and the second of which is used to insert surgical instruments. There are established protocols and failure to follow these established rules which causes injury is often classed as negligent treatment.

Female Solicitors

It is a matter of fact that there are now more female solicitors in the UK than similarly qualified males and we have no problem whatsoever in referring your clinical negligence claim onto a highly qualified female lawyer. You do not have to worry about any embarrassing problems because they will be dealt with sensitively and with the utmost concern for confidentiality and for your privacy by a lawyer of your own gender.

Law Society Panel

Our solicitors are all members of the Law Society Panel of medical negligence experts and will provide you with free legal advice. They have a wealth of experience and will guide you through every step of the legal process using plain English for your better understanding of this complex area of law. Legal aid is available for these claims and for those who do not qualify for legal aid it may be possible to take the claim forward on a no win no fee basis.

Contact - Specialist Solicitor – Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. You will be given unequivocal advice on funding your claim including legal aid, no win no fee and insurance policy cover. If you would like to discuss your claim with a specialist just complete the contact form and a solicitor will phone you. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.

LUNG CANCER - CLINICAL NEGLIGENCE


Common Causes

Lung cancer is responsible for the more deaths than any other carcinoma throughout the world due largely to the popularity of smoking tobacco. Smoking tobacco is not the only cause of this disease and occupational and environmental exposure to harmful products including asbestos fibres and radon gas which causes 15,000 lung cancer deaths a year in Europe, can also be to blame. Air pollution should also not be overlooked as a possible cause, particularly for people living or working in areas close to power plants.

Genetic Factors

There are clear indications that there is a genetic disposition to developing lung cancer which is shown by the fact that not all heavy smokers develop the problem. This suggests that genetic factors provide either protection from or a susceptibility to the disease.

Diagnosis

Regardless of the cause, diagnosing lung cancer should not be a problem for a professionally trained and alert physician. Your doctor will have a wide variety of diagnostic tests at his or her disposal, from your personal medical history and a medical examination to chest x-rays, CT scans, CAT scans, Magnetic resonance imaging (MRI) scans, PET scans, bone scans, bronschoscopies, sputum cytology tests, needle biopsies, blood tests and thoracentesis tests. There are a plethora of tests available and as such there is very little excuse for a doctor to incorrectly diagnose or fail to diagnose or mis-diagnose lung cancer.

Treatment

Lung cancer can usually be successfully treated if it is diagnosed at an early stage. The earlier that a doctor finds lung cancer, the simpler, less invasive and less radical the treatment will be. Because of the often aggressive nature of cancer development, any delay risks the cancer spreading to other areas in the body which can cause serious complications for both treatment and further diagnosis.

Mis Diagnosis

There are also situations in which patients are incorrectly diagnosed with lung cancer, although this is a rare due to the improvements in diagnostic tests in recent years. When lung cancer is diagnosed wrongly and there is actually no disease present the problems can be just as serious as if there had been cancer. Dangerous and uncomfortable treatments including radio therapy and chemo therapy may be incorrectly prescribed and this is in addition to the emotional and financial stresses placed on anyone who has been mis-diagnosed with this often fatal disease.

Specialist Solicitor – Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. You will be given unequivocal advice on funding your claim including legal aid, no win no fee and insurance policy cover. If you would like to discuss your claim with a specialist just complete the contact form and a solicitor will phone you. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.

LEUKAEMIA - MEDICAL NEGLIGENCE COMPENSATION


Symptoms

When leukaemia affects the body, normal cells in the bone marrow are rapidly replaced by large numbers of malignant marrow cells which in turn results in a deficit of platelets in the bloodstream. These platelets are crucial to helping the blood clot when wounds are healing. People with leukaemia can become bruised easily and may bleed excessively if the skin is punctured. Other effects of the disease include a suppression of the white blood cells that help fight pathogens. This in turn can cause an individual to develop infections easily and generally be less than able to protect themselves from contact with infectious diseases. The deficiency in the red blood cell count can also lead to anaemia which can cause dyspnea.

Diagnosis

To properly diagnose leukaemia the doctor must make use of blood tests and a bone marrow biopsy. Other symptoms he will ask about should include fever, chills and cold symptoms, weakness, swollen gums, persistent headaches and a loss of appetite or sudden loss of weight.

False Positive

Another potential problem with the diagnosis of leukaemia is that there is a possibility for the tests to return a false positive result. This means that some patients are told they have leukaemia when they actually do not. This can lead to many other problems, such as unnecessary treatments that cause harm, to the emotional worry and stress involved in thinking that you have a disease. It can also mean that whatever is causing your symptoms continues to cause you problems unchecked, and the treatment is missing the cause altogether.

Diagnosis Delay

A delay in diagnosing leukaemia or a mis-diagnosis can mean that the suffering of the patient is more than it might otherwise have been. An early diagnosis gives the patient the best possible chance for a successful series of management and treatment options. The law recognises this and has put in place legislation to properly compensate anyone who has been harmed due to the medical negligence of a health care professional.

Specialist Solicitors

If your life, or the life of a loved one, has been changed due to the medical negligence then there is now support available. We offer a network service of medical and legal experts who are on hand to provide you with free advice. Legal aid is available for medical negligence claims and for those who do not qualify we operate the no win no fee scheme. Legal aid will always be available for children with no parental contribution.

Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. You will be given unequivocal advice on funding your claim including legal aid, no win no fee and insurance policy cover. If you would like to discuss your claim with a specialist just complete the contact form and a solicitor will phone you. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.

SKIN CANCER : MEDICAL NEGLIGENCE CLAIMS

Skin Lesions

Your general practitioner should be consulted as soon as any changes in the skin are noticed. Skin lesions and marks can appear for many different reasons, but if lesions remain for more than two months then there is a chance that the cause is skin cancer. Legions that heal within that time are more likely to be the result of reactions to substances that you have come into contact with.

Diagnosis

The only way a doctor can be certain of the presence of skin cancer is to take a biopsy under local anaesthetic and microscopically examine the tissue sample. If you have presented to the doctor with skin disturbances that were present for a lengthy period of time that subsequently are diagnosed as skin cancer and your doctor didn’t use adequate diagnostic procedures at an early stage then the doctor in question has failed in his or her duty of care.

Biopsy

Because of the potential danger of skin cancer most patients who present to their general practitioner with suspicious skin problems, especially on the hands or face which are exposed to the sun, will be referred to a consultant dermatologist without delay. Some NHS hospitals have on site surgeries that can deal immediately with small biopsies under the supervision of a consultant skin specialist. Biopsies can be carried out by shaving a layer of skin from the area or by removing a deeper area of tissue using a needle-like device or by making a incision in the area and surgically removing a piece of tissue using a scalpel.

False Positive

Sometimes a false-positive can result from these tests and a misdiagnosis can be made when patients do not actually have skin cancer. This may result in unnecessary radical treatment that is dangerous and uncomfortable. Unnecessary treatments, such as radiotherapy and repeated scans can have long lasting damaging effects on the health of an individual and such effects become all the more upsetting when there was no need for them in the first instance. The emotional stress and worry that results from such a diagnosis can have lasting effects on a patient.

Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.

KIDNEY CANCER - RENAL CELL CANCER


Renal Adenocarcinoma Cancer

Renal cell cancer develops when malignant cancerous cells begin to grow in the tubules of the kidney. Also known as kidney cancer or renal adenocarcinoma cancer, the disease is found in the small tubules that are designed to filter and purify the blood as it passes through the kidney. Undesirable products are removed during this process, which creates urine to be passed through the bladder. The tube connecting the kidney to the bladder is called the ureter. Cancers that begin their growth in the ureters or the pelvis are not the same as kidney cancer and should be distinguished as such.

Diagnostic Tests

The tests used to confirm the presence of renal cell cancer in the kidneys vary, but a practitioner will frequently use a physical examination which checks for signs of disease, blood chemistry tests that monitor the levels of various products in the blood (a sign of the working capacity of a kidney) and analysis of the urine. Various scans such as CT and ultrasound are also helpful, as are biopsy tests and MRIs.

Prognosis

A patient’s age and general health will go some way to increasing or reducing the chances of a good prognosis. However, the main factor to take into consideration when assessing the probability of a recovery is the stage of the kidney cancer when it was first diagnosed. In this sense, the earlier the cancer is found, the sooner it can be treated and the greater the chances of a recovery become. When a doctor fails to properly diagnose kidney cancer in a patient, or when there is some unnecessary delay in doing so, the risks that the patient will die from the disease sharply increase. In these cases delay may indicate the presence of medical negligence and entitle the patient to make a claim for compensation..

Intravenous Pyelogram

Doctors attempting to diagnose renal cell cancer will often make use of an intravenous pyelogram (IVP). This procedure involves taking multiple x-rays of the kidneys, bladder and ureters to investigate whether or not the cancer may have spread to these areas. A ‘contrast dye’ is typically used to help colour code the passages of blood and identify where there might be any blockages in the veins or organs.

Liver Function Test

Another diagnostic aid is the liver function test. This process involves measuring the levels of enzymes in the blood. The test looks for particular enzymes that the liver will release into the bloodstream. If an unusual level of enzymes can be seen then this can indicate that cancer has spread to the liver which may have originated in the kidneys.

Contact - Specialist Solicitor – Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. You will be given unequivocal advice on funding your claim including legal aid, no win no fee and insurance policy cover. If you would like to discuss your claim with a specialist just complete the contact form and a solicitor will phone you. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.

UK MEDICAL NEGLIGENCE LAW INFORMATION

General Surgery

At least half of all claims for compensation under medical negligence law occur as a direct result of surgical procedures. This does not necessarily indicate that surgeons are any more negligent than other healthcare professionals however it may be because surgical techniques are being continually refined and there is a learning curve associated with all new operative procedures, furthermore it is believed that errors in surgery are the most easy to recognise and prove when compared with other disciplines of healthcare professionals. The most common surgical errors include delays in operating, inaccurate assessment, diagnosis delay, misdiagnosis and unnecessary operations. In addition there are the more obvious, but less common reasons which include metalwork and swabs being left inside the patient and unrecognised accidental cutting of tissues including blood vessels and vital organs.

Laparoscopy - Keyhole Surgery - Medical Negligence Law

Over the past few years, the number of laparoscopy or keyhole surgeries conducted in the United Kingdom has been on a significant rise however there has also been an associated marked increase in complications during surgery. The vast majority of these reported complications are on preliminary surgical entry and are in relation to damage to the bowel, blood vessel injuries and sometimes relate to the misuse of electro-surgery. Under laparoscopy or keyhole surgery procedures surgeons have to make a small incision so they can insert a miniaturised camera. They also have to make a second incision to insert the tools to perform the surgery. Because the first incisions have to be made without the help of the camera, there is a risk of unintentional physical damage. There are established protocols that surgeons must follow. Any injury at this very crucial initial stage may have been caused by medical negligence.

Law Society Panel

Our solicitor experts are all members of the Law Society Panel of medical negligence law experts and will provide you with free legal advice. They have a wealth of experience and will guide you through every step of the legal process using plain English for your better understanding of this complex area of law. Legal aid is available for these claims and for those who do not qualify for legal aid it may be possible to take the claim forward on a no win no fee basis.

Contact - Specialist Solicitor – Free Legal Advice

Our solicitors offer free advice either personally or on the telephone for whatever length of time is necessary to establish whether you have a reasonable case and they will also give advice on the claims procedure and how much compensation may be awarded. You will be given unequivocal advice on funding your claim including legal aid, no win no fee and insurance policy cover. If you would like to discuss your claim with a specialist just complete the contact form and a solicitor will phone you. If after discussing your matter you do not wish to proceed further then you are under no obligation to do so and you will not be charged for the initial advice.