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Tag Archives: Negligence

Your Comprehensive Guide To Hiring A Medical Negligence Lawyer

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Since medical negligence cases are often hard to win without any legal help due to the complex nature of these claims many claimants prefer hiring legal help to get maximum compensation. The following paragraphs will elaborate on a few things all claimants should know about hiring a medical negligence lawyer.

Medical negligence solicitors specialize in clinical negligence cases and dental malpractice cases. Usually these lawyers specialize only in 1 field and they do not practice other personal injury cases. These solicitors spend years studying the law applicable to these cases so that they can help claimants get maximum compensation as soon as possible.

A medical negligence solicitor helps claimants get compensation when a medical procedure goes wrong due to which the claimants suffers a personal loss. An instance of such a claim would be a claimant asking for compensation since the dentist he went to did not perform the bridge work properly due to which the claimant not only suffered from pain and misaligned teeth but also had to go to another dentist to clean up the first dentists mess.

Claimants should remember that to get maximum compensation they will need to collect documents that help them prove that the medical procedure had gone wrong due to which they suffered a financial or personal loss. Such documents include but are not limited to previous medical records before the original treatment started, current medical records after the treatment ended, X-rays if any, treatment bills and treatment receipts.

In addition to guiding the claimant and preventing him from making mistakes, the selected medical negligence lawyer will help the claimant complete all the paper work and the solicitor will also take copies of the required documents and give back the originals to the claimant. In addition the medical negligence solicitor will represent the claimant in court, deal with the party at fault and negotiate with the insurance company or adjuster if required.

Claimants should note that no win no fee services do not apply for medical negligence claims since medical negligence solicitors charge a small fee for working on these claims. While the selected solicitor will be helping claimants get maximum compensation, solicitors cannot guarantee that claimants will get 100% compensation due to the nature of medical negligence claims. Claimants should also note that the medical negligence lawyer will be discussing these fees and the amount of compensation that can be got before the claimant signs up with the selected solicitor.

The amount of compensation that claimants can get by taking a medical negligence solicitors help depends on the type of the problem incurred, the severity of the problem and if the claimant plans to claim for additional compensation. Claimants should remember these lawyers can be found online using search engines and these solicitors can also be hired by opting for the services of an accident claim company.

If you want maximum compensation as soon as possible then hire a medical negligence lawyer from this reputable company. Visit their website at http://www.100percent-compensation.co.uk/.

Your Comprehensive Guide To Hiring a Medical Negligence Lawyer

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Since medical negligence cases are often hard to win without any legal help due to the complex nature of these claims many claimants prefer hiring legal help to get maximum compensation. The following paragraphs will elaborate on a few things all claimants should know about hiring a medical negligence lawyer.

Medical negligence solicitors specialize in clinical negligence cases and dental malpractice cases. Usually these lawyers specialize only in 1 field and they do not practice other personal injury cases. These solicitors spend years studying the law applicable to these cases so that they can help claimants get maximum compensation as soon as possible.

A medical negligence solicitor helps claimants get compensation when a medical procedure goes wrong due to which the claimants suffers a personal loss. An instance of such a claim would be a claimant asking for compensation since the dentist he went to did not perform the bridge work properly due to which the claimant not only suffered from pain and misaligned teeth but also had to go to another dentist to clean up the first dentist’s mess.

Claimants should remember that to get maximum compensation they will need to collect documents that help them prove that the medical procedure had gone wrong due to which they suffered a financial or personal loss. Such documents include but are not limited to previous medical records before the original treatment started, current medical records after the treatment ended, X-rays if any, treatment bills and treatment receipts.

In addition to guiding the claimant and preventing him from making mistakes, the selected medical negligence lawyer will help the claimant complete all the paper work and the solicitor will also take copies of the required documents and give back the originals to the claimant. In addition the medical negligence solicitor will represent the claimant in court, deal with the party at fault and negotiate with the insurance company or adjuster if required.

Claimants should note that no win no fee services do not apply for medical negligence claims since medical negligence solicitors charge a small fee for working on these claims. While the selected solicitor will be helping claimants get maximum compensation, solicitors cannot guarantee that claimants will get 100% compensation due to the nature of medical negligence claims. Claimants should also note that the medical negligence lawyer will be discussing these fees and the amount of compensation that can be got before the claimant signs up with the selected solicitor.

The amount of compensation that claimants can get by taking a medical negligence solicitor’s help depends on the type of the problem incurred, the severity of the problem and if the claimant plans to claim for additional compensation. Claimants should remember these lawyers can be found online using search engines and these solicitors can also be hired by opting for the services of an accident claim company.

If you want maximum compensation as soon as possible then hire a medical negligence lawyer from this reputable company. Visit their website at http://www.100percent-compensation.co.uk/

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Medical Negligence Solicitors – Helping the Victims of Medical Negligence in UK

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Medical Negligence Solicitors – Helping the Victims of Medical Negligence in UK

Luckily, when compared to other countries around the world, instances of medical negligence in UK hospitals and medical facilities are rare. But happens, and when it does, victims turn to medical negligence solicitors UK wide to win compensation and justice on their behalf. Making a medical negligence compensation claim is something that nobody ever wants to do, but in circumstances where the victim is left with major injuries they are entitled to seek compensation via a medical negligence law firm.

Sympathetic Medical negligence solicitors are there to help during these extremely traumatic periods and specialist medical negligence advice involves close guidance throughout the case, from the initial consultation through the medical reports, evidence gathering and financial negotiations.

Confidential Medical Negligence Advice

In times of trauma, knowing there is someone who can help in a professional and confidential manner can help put the mind at rest. Medical negligence law is a complex and specialist area that is only taken on by medical negligence solicitors who not only know the law inside out, but understand that medical negligence cases need to be treated as sensitively as possible.

Medical negligence solicitors, UK wide, are extremely professional and understand that in many cases the victim will be too weak or ill to take a personal involvement in the case. This is why they will act on the client’s behalf to seek the best medical negligence compensation they can for the victim and their family.

Contact a Top Medical Negligence Law Firm

Making medical negligence claims is a big but necessary step. A medical negligence law firm that has outstanding credentials and an excellent success rate must be sought so that the best result is achieved. These firms will be home to top medical negligence solicitors. Never settle for anything but the best in the industry. Ignore this advice and it could have a serious impact on the success of medical negligence claims and the amount of medical negligence compensation achieved.

Pattinson & Brewer specialises in medical negligence cases and have qualified experienced solicitors to give free advice and consultation. Pattinson & Brewer medical negligence team has an excellent reputation for winning claims for medical accident compensation. Contact our solicitors today

Should I Consult a Medical Negligence Solicitor?

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Have you been affected by a medical accident? You are probably also going to suffer emotionally. You might be angry and resentful and experience feelings of loss, despair and blame. This is totally justifiable, and usually aimed at the medical professional or doctor who was at fault.

However, these emotions are not going to get you any compensation. They are not for a Medical Negligence Solicitor to deal with. The intricacies of serious litigation, court proceedings and detailed cross examination are areas for a lawyer’s involvement.

So, even though you are emotional, you need to think carefully about how serious your complaint actually is. Making a claim for medical negligence (or clinical negligence as it is sometimes known) may be stressful and take months or years to fully investigate. Someone’s, possibly unblemished, career is at stake, there could be financial loss; you will need to be examined by an independent doctor and your medical records will be read and studied by people you do not know.

Be honest with yourself: was your operation one in which there is frequent risk? Have you forgotten the serious and worrying state you were in before you had your operation? Was that worse than how you are now?

There may be an alternative outcome to an investigation, other than financial compensation. This may be a better route to follow and will still require a Medical Negligence Solicitor. For example, would you be happy if they apologised? Would your official complaint help prevent others from suffering something similar? Would an investigation offer an explanation that may stop certain emotions on principle, such as resentment or loss of future trust? Or is your injury so serious that it requires expensive remedial treatment, specialised equipment, long term care? Or perhaps you need financial compensation to help fund lost income for living expenses?

Well, this is why speaking to an experienced Medical Negligence Solicitor and getting the right advice is advisable.

You see, the majority of medical accident claims do not get much beyond this stage. Your highly experienced clinical negligence lawyer will make a thorough assessment of your case first and ascertain whether or not it is really worth proceeding. He is likely to do this only on the basis that your claim has at least a 60 per cent chance of success.

Your lawyer will talk through his terms and fees with you and, if he thinks you have a claim, might start giving you an idea of compensation, together with his tactics and strategy for handling your case.

If you are looking for a specialist Medical Negligence Solicitor, contact Bonallack & Bishop for advice on any medical or accident claims. Senior partner Tim Bishop is responsible for all major strategic decisions and has grown the firm by 1000% in 13 years. He sees himself as a businessman who owns a law firm and has plans to expand further.

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Should I Consult a Medical Negligence Solicitor?

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The term ‘medical negligence’ (often referred to as clinical negligence) is a breach of duty of medical care that you have received whereby, as a result, you have incurred injury or illness.

So you entrusted yourself to the doctor or nurse, thinking that you would get the best medical and nursing care. Isn’t that what the NHS or private care is about?

Later, when you came round from your operation, something felt wrong. You just knew, but didn’t dare suggest, that something had gone wrong that should not have done, and you suspect it was due to medical negligence.

You would like some advice and an explanation but aren’t sure who you should talk to. Who will listen? Your GP will probably dismiss it and the hospital consultant will talk medical jargon and fob you off. All these medics will stick together, surely, and you will be left feeling helpless.

As time passes and your injury affects you more, or gets worse, it plays on your mind; you begin to wonder if you could be entitled to make a compensation claim. Perhaps a medical negligence lawyer could help you? You are convinced the injury was caused by a breach in standards of duty during the course of your treatment. You’re not certain, but you think that the anaesthetist might be the one to blame.

Surely this was clinical negligence? Yet no-one seems prepared to listen. You feel foolish and uneducated and everyone thinks you’re ‘just imagining it’.

Well, it’s a long list. Medical negligence claims can arise out of anaesthetics, cancer treatment, cardiothoracic surgery, cardiology, gastroenterology, general practice, keyhole surgery, mental health treatments, neurosurgery, obstetrics and gynaecology, oncology, ophthalmology, orthopaedics, paediatrics, plastic surgery, psychiatry, radiology, radiography, sterilisation, urology, vascular surgery and many more.

Personal injuries may also include brain damage, psychological injury or nervous shock. In extreme cases, death can occur in any one of these clinical speciality areas of medicine.

There is someone who can, and will, listen – and take your case seriously. That person is a trained medical negligence solicitor who is specially qualified to handle this emotional and sensitive area of law.

If you aren’t sure whether medical standards have been breached, or would like someone to look into your case, talk to an experienced medical negligence solicitor. This professional will guide you through what may be a long and difficult process, requiring medical examination, review of your personal medical notes and, possibly, fierce cross examination by a barrister acting for you in Court.

If you are considering making a compensation claim, contact Bonallack & Bishop, a firm of lawyers with a team of experienced Medical Negligence Solicitors. Senior partner Tim Bishop has grown the firm by 1000% in 13 years and is responsible for all major strategic decisions. He sees himself as a businessman who owns a law firm and plans to expand further.

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Medical Negligence – What Is It?

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When you’re ill or need surgery, it’s always a difficult time. But who can you turn to if things don’t go right, or you think that you, your diagnosis or treatment have not been handled professionally?

A lot of people shrink from challenging a medical professional, often because they are anxious that they can’t ‘fight the system’. You may feel intimidated and that, as a non medic or lay person, no-one is likely to listen to you.

Not so. That is exactly what specialist Medical Negligence Lawyers are for. These experienced Solicitors will listen to you; they will provide valuable professional guidance and support when you are making a claim for compensation following a medical accident.

So what constitutes Medical or Clinical Negligence?

Medical Negligence is when a medical professional, usually a doctor – but it can be a dentist, midwife, nurse, radiographer or other health worker – has given you medical treatment that has resulted in something going wrong.

Your specialist Medical Negligence Lawyer will need to determine whether the treatment you received, in a particular field of medicine, was substandard to that expected by a qualified competent doctor.

To prove this effectively your lawyer will first need to examine your medical records and send them, together with your prepared statement, to an independent doctor to make an assessment. After reviewing these, this doctor will give a report on whether he or she feels the medical treatment was reasonable. If his indication is that your treatment was substandard, your case moves to the next stage.

From this point, your Medical Negligence Solicitor will write to the hospital or clinic where you were treated and inform them of your proposed claim. They must reply within 3 months.

A doctor or clinic may accept immediately responsibility for your injury. If so, it is less likely you will need to take the case to Court; your clinical negligence lawyer will start negotiation to obtain an appropriate compensation settlement.

There are time limits in which you can make a Medical Negligence Claim. Usually this is within 3 years of the accident or injury, although sometimes circumstances occur when symptoms develop later on. In such cases, the three year period runs from the date when the injury was discovered and was linked to previous medical treatment. If it is a child that has been injured, the three years starts from their 18th birthday. These time limits are strictly enforced — so it’s very important that you don’t delay in taking legal advice about making a compensation claim.

Tim Bishop is senior partner at Bonallack & Bishop, a firm of specialist Medical Negligence Solicitors who can advise you on your compensation claim. He has grown the firm by 1000% in 13 years, seeing himself as a businessman who owns a law firm. Tim is responsible for all major strategic decisions and plans to expand the firm further.

Claiming Compensation for Medical Negligence

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You’ve just had an operation, but have come out of it thinking that the surgery has actually made matters worse, so you’re now considering making a claim for compensation.

But you have lots of concerns. Can any solicitor handle this? Will it be stressful and time-consuming? Am I going to end up paying more than I will gain in compensation? Will I have to go to Court and will I need to be examined by strange doctors? Well, these and a hundred other questions may well swim through your mind and it’s not surprising.

As you might imagine, you cannot simply put in a random medical accident claim without a lot of time, sourcing of other details and work being done first. Your case will require hours of investigation into your medical records and the necessity, from this research, to determine whether or not you have a valid case.

Medical experts, independent doctors and background study of all the clinical aspects surrounding your claim will be involved. Although not many claims for medical negligence (also known a clinical negligence) end up in Court, winning a Court action is not always guaranteed.

This is one reason why it is imperative you get the support and knowledge of a highly experienced clinical negligence solicitor. A lawyer who does not have specialist training in this field of study may well lack the skills required to handle this area of Law. The result could be loss of your – or public – money, not just loss of a Court case.

It is advisable to search out a clinical negligence lawyer who practices with a Law firm who hold a Legal Services Commission Clinical Negligence Franchise. This company should be able to offer funding from the Community Legal Service Fund (formerly known as legal aid).

Alternatively, find a firm with lawyers who have been admitted to the Law Society’s Clinical Negligence Panel or the AVMA (Action against Victims of Medical Accidents) panel. All these panels have very strict criteria for membership, so you might discover that there are not many solicitors on them. You may therefore need to travel to find a specialist solicitor (unless you are too unwell to travel in which case most medical negligence solicitors make home visits) – but your effort should be rewarded.

Next, check out their record of success in handling this type of litigation. Ask if you can have a free initial consultation. Take a list of questions you want to ask as the meetings can go quickly:

1) What access do they have to medical experts with individual specialist knowledge?

2) Do they have a track record of medical negligence cases with successful outcomes?

3) Has a clinical negligence lawyer from the firm experience of going to Court, in order to represent you, argue your case and give evidence?

Building trust with your chosen medical negligence solicitor in this way is vital for success.

Tim Bishop is senior partner at Bonallack & Bishop, a firm of expert Medical Negligence Solicitors who can advise you on your accident claim. He is responsible for all major strategic decisions and has grown the firm by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm and intends to expand further.

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The Truth Behind Medical Negligence Claims

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The Truth behind Medical Negligence Claims

Medical negligence occurs when a professional fails to provide the standard care and medication give to a patient.  The kind of negligence that occurs whilst in the hands of medical professionals involves injury being inflicted on the patient when it could have been avoided.

Pain and suffering – Negligence caused by professionals has more negative effects on the patient’s life than when they first went to the doctor. Aside from knowing that you’re not yet healed, you are also nursing a new injury and pain, causing you more stress than relief.
Income you may have forfeited – Some of the first stages of negligence are often tolerable, wherein some patients still go see a doctor thinking that the pain they’re suffering is just a side effect and is still related to prior medications. A lot of money is wasted in this stage, when it could have been avoided in the first place.
Future income you may lose – bearing the pain of a negligent act can consume all your hard earned money, keeping yourself on medication and having to undergo regular check ups. You cannot ignore a growing pain, and costly treatments may be necessary and involve you having to take a lot of time off work.
Disability – Imagine never being able to work again. Or the simple task of bathing and changing yourself being just too much. Losing an entire limb, or a mere scar on your face, can affect your whole being and self-confidence.

Proving that medical staff have been negligent, is not easy. Extensive consolidation of proof is required before you can even sue. One thing that makes it even harder is given the fact that the person may be taking medication and their illness is taking a toll on them. The court may need more evidence to be presented and patients may need to undergo a physical investigation that sometimes causes them more suffering and humiliation.

Not all patients who sue for medical negligence are after the money. Some patients who sue doctors claim stronger measures for a better outcome.

Reasons why patients sue:

Acknowledgement of harm done – Patients want doctors to acknowledge the harm done to them and to make the public aware of their negligence.
Compensation – Some sue these doctors for money back and even more if proven guilty. That is why it needs an extensive review and submission of explicit evidence to the court.
Doctors to be punished and make apologies – Some patients want doctors to be punished and when it’s brought to the court, most patients ask for licence cancellation.

While most medical errors are caused by negligence, there is also an error caused by natural remedies. Doctors are not expected to heal each and everyone completely, rather, they are asked to provide full and reasonable care. In the event that they are proven to have neglected giving reasonable care, then negligence claims can be filed.

Heywood Knight is a UK based company that can help you with personal injury claims. One area we cover is Medical Negligence Claims resulting from NHS and private sector care. For more information please visit the website at http://www.youraccidentclaim.com/

Are Medical Dramas Influencing Decisions To Sue For Medical Negligence?

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An increase in the number of compensation claims made against the NHS is being blamed on ‘The Holby Effect’. The annual conference of the Royal College of Nurses has heard how TV programmes such as ‘Holby City’ are fuelling the compensation culture in the NHS by painting an unrealistic picture of what to expect from medical staff.

Figures released by the NHS show that for the year 2008 – 2009 there were 6,080 claims made for clinical negligence and 3,743 made for non-clinical negligence. These claims came at a cost of 807 million pounds in compensation payouts to claimants. By comparison, in the year 2007 – 2008, the number of claims made was about 10% less, with payouts totalling 661 million pounds.

John Hill from Scunthorpe told the conference that the public’s expectations of healthcare professionals are too high and this is partly due to TV medical dramas. He said, “In A&E it is sometimes a fact that sadly you cannot get people through the trauma they have received. Unfortunately, unlike Holby City, I’m a mere mortal, I cannot perform miracles but many relatives believe because of that that you can. And injury lawyers assure them that if you don’t they will be able to get some recompense for it.”
The Holby Effect

The ‘Holby Effect’ could also be having further repercussions within the NHS. As medical professionals are becoming more concerned over the possibility of a claim being made against them, they are spending more and more time on paperwork and administrative tasks and consequently less time is spent dealing directly with patients. Marcia Turnham, a delegate from Cambridgeshire, told the RCN conference in Bournemouth that nurses had to spend “more time recording care than giving care”, and the compensation culture meant staff felt as though they were “under the microscope”. She said, “From a nursing point of view, I think one of the main concerns is that there’s too much documentation associated with the care we have to give.

A big part of that is those documents associated with indemnity insurance for the trust. Every time a patient is admitted it can take a nurse 40 minutes to fill in the paperwork. That’s time that a nurse could be spending with the patient.” Another factor was also raised as Marcia said the rise of the Internet had led more patients and relatives to seek information about their conditions. This had further raised expectations and pointed to the growth in the number of lawyers seeking compensation for NHS patients.

The underlying feeling seems to be that medical healthcare professionals feel that patients and relatives are too quick to turn to litigation when their expectations of the health service are not met. In turn, this can only serve to make things more difficult for those with genuine clinical negligence grievances. As the number of claims escalate, healthcare lawyers will be forced to scrutinise each claim made and, if they feel it is appropriate, challenge them. In addition, the time that is spent on paperwork could also lead to further claims as medical staff become preoccupied with preventing litigation, rather than with treating the matter in hand.

We deal in a range of claims, including http://www.1stclaims.co.uk”>medical negligence and compensation.

Medical License Verification to Minimize Medical Negligence and Medical Malpractice

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A 1984 Harvard study of more than 30000 records from 51 randomly selected hospitals in New York found that adverse medical events occur in the more than 3.7% of patients admitted and that more than a quarter of these were due to medical negligence. Close to 14% of the adverse medical events were fatal and 2.6% resulted in severe disability. When extrapolated to the 2.7 million patients discharged from New York hospitals that year about 13,450 people died and 2250 were seriously injured. (When Doctors Kill By Stephen J. Cina, Joshua A. Perper).

These are the stats which are showing the medical malpractice and medical negligence issues of the most prominent and advanced city of the world. After reading those horrible figures one can understand that the world is suffering from medical malpractice and negligence on a much higher scale and the prevention only lies when we background check our doctor or medical practitioner through primary source verification, medical credentialing and by medical license verification.

Investigation and verification of medical license can assure you the safety and integrity of the doctor or a medical practitioner you are going to get treated. To practice medicine, a practitioner must obtain a license from the appropriate state licensing agency (i.e. state medical board). A physician usually applies for a state license after completing medical school and passing an examination that established his or her knowledge in the basic sciences.

When a medical professional is suspected of a board violation, he or she will likely be investigated to determine if disciplinary action is necessary. The conditions for discipline vary from board to board and state to state, but there are some rules that are adopted by all or almost all professional boards. Some of the common grounds for discipline include:

• License registration or renewal fraud

• Verify license, expiration date, and sanctions or limitations.

• Medical practice misconduct, fraud, or negligence

• Committing a health law violation

• Practicing while a license is pending or suspended

• Practicing while under the influence of alcohol or drugs

• Alcohol or drug dependency

• Committing a criminal offense

• Qualifying as mentally unstable or insane

Core Criteria for Medical License Verification

The core criteria followed by different international organizations like joint commission international for medical license verification is performed at the time of initial appointment, and at the time of each reappointment and/or re-privileging, and is recommended at the time of license expiration. The following points must be considered while performing medical license verification:

• Date and time of the license issuance.

• State of licensure, license number, date of original licensure and expiration date.

• Name (first and last) of the person initiating the verification call

• Name (first and last) of the person verifying the information

• Are there any current, past, or pending restrictions on the license?

• Are there any current, past, or pending disciplinary actions against the practitioner?

Peer Referencing is Essential for Medical License Verification

Peer Referencing is very important when medical license verification process is live. A peer must be someone who knows the doctor or medical practitioner from past three to five years. If the applicant is finished training during past three to five years the peer referencing letter must be from his/ her training program director. And at least one reference from the practitioners specialty which marks the reputation and competency factors.

What to verify:

1. Relationship of peer to the applicant (Training director, colleague practitioner, etc).

2. How the peer is aware of applicant’s current clinical competency.

3. Validation and confirmation by the peer of the applicants request for clinical privileges.

Potential verification Method: Send a letter, and a questionnaire directly to the peer reference.

Conclusion

Every medical professional must be licensed in order to legally practice medicine. Licensing boards are run at the state level and dictate the licensing requirements and conditions for all physicians or nurses within a particular state. These boards oblige all licensed individuals to meet certain criterion in order to remain in good standing. If a medical practitioner whether a doctor or nurse acts in a way that violates the code set by the board, he or she could be put on probation or could have his or her license revoked altogether.

Muhammad Saad Khan is a Research Analyst at Q2 Group. Q2 is specialized in medical credentialing, primary source verification, and medical license verification according to the standards of joint commission international.