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"Medical Negligence Specialists"
0800 9520010
"Medical Negligence Specialists"
0800 9520010
Pursuing a claim for medical negligence is often a long and complex process. When considering whether to pursue a claim for compensation, it is important to remember that negligence at law is not the same thing as negligence in everyday language. In everyday language, the word negligence is often used to explain acts of extreme carelessness. However, not every mistake or careless act by a health professional can be considered negligent at law.
In order to prove negligence at law three things are needed:
1) Injury
2) Breach of Duty
3) Causation
All three of these elements must be present in order for a claim for clinical negligence to be successful.
The first thing that must be shown is that the individual making the claim has suffered an ‘injury’.
Once the injury has been established, it is necessary to consider whether the doctor, or other health professional, breached their duty of care.
Breach of duty is unacceptable care at law. To be considered unacceptable care at law, it must be care that no responsible body of doctors (acting in the same circumstances) would have provided. In order to determine whether the care provided was of an unacceptable standard, it is necessary to obtain a report from an independent expert practicing in the same area as the doctor or health professional in question.
It is important to note that there is no precise definition of a ‘responsible body of medical opinion’. A very small group of doctors that believe that things should be done in a certain way might amount to a responsible body of medical opinion.
It is possible therefore that there may be more than one responsible body of medical opinion on any particular issue. In this scenario, the medical evidence would be presented to a judge who would make the final decision.
The final thing that must be shown is that the unacceptable care caused the injury. Put simply, you must show that ‘but for’ the breach of duty the injury would not have occurred. Proving causation can be difficult as it is necessary to establish whether the injury would have occurred anyway, or whether it is a direct result of the unacceptable care.
If you believe that you may have a claim for clinical negligence, please do not hesitate to contact the team at Moosa-Duke today. Our solicitors possess the expertise and experience to help ensure that you fully understand the process and your legal rights.
For further information on medical negligence claims, please submit an enquiry on our website or alternatively call one of the team on 0800 952 0010.
The Legal Aid Sentencing and Punishment of Offenders Act received royal assent earlier this week, after facing many setbacks since it was first introduced just under a year ago.
Lord Bach, a labour party peer commented that it was a ‘bad day for the British justice system’. The legislation will cut off cut off access to justice for many people simply due to financial reasons. He further stated that the law “…demeans our justice system and therefore our country. What we now do is to encourage rich foreign litigants to come to this country and [fight their cases in court]. But we take away from the poor their access to justice. What a scandal that is.”
In the area of clinical negligence specifically, legal aid will remain only when the negligence occurred during the first eight weeks of child birth. Concessions like this were seen a few different areas of law, however it may be too little too late.
Julie Bishop from the Legal Voice magazine online believes legal aid was the safety net that all citizens should be entitled to – “The central principle of equality before the law has been undermined. If we no longer live in a society that protects its most vulnerable members we are all worse off.”
For the legal profession, lawyers who accepted work from clients entitled to legal aid will no longer be able to help them in the majority of cases. Not-for-Profit organisations such as the Citizens Advice Bureau, and other law centres, are already in a crisis of their own – this piece of legislation will undoubtedly add to their burden. The courts have also been faced with warnings of an upsurge in the number clients fighting their own cases – only time will reveal the cost implications that such moves may bring.
By the end of 2012 all doctors wishing to retain their General Medical Council (GMC) licence to practise will need to participate in revalidation. The Medical Act 1983 states “revalidation” means evaluation of a medical practitioner’s fitness to practise.
The purpose of revalidation is to provide additional assurance to patients and the public, employers and other healthcare professionals that licensed doctors are practising to appropriate professional standards, up to date and fit to practise. It will also mean that systems of appraisal and clinical governance are consistent across the UK.
As part of the revalidation process doctors must have regular appraisals, based on the General Medical Council’s core guidance for doctors, Good Medical Practice. They also need to keep a portfolio of supporting information about their practice. A responsible officer will make a recommendation to the GMC about a doctor’s fitness to practise every five years. Their recommendation will be based on the doctor’s appraisals and 6 types of supporting information: continuing professional development, quality improvement activity, significant events, feedback from colleagues, feedback from patients where applicable, and a review of complaints and compliments.
Hospital Trusts can be confident and assure the public that the doctors they employ are competent and up to date.
Andrew Lansley, Secretary of State for Health said “Revalidation is something that the public expect their doctors to undertake and, if implemented sensitively and effectively, is something that will support all doctors in their innate professional desire to improve their practice still further.”
The aim is that by 2015 all doctors practising in theUKwill have been revalidated as there will be a phased approach depending on the readiness of employing organisations. Although most Trusts have practiced their own form of appraisals for years, revalidation is designed to standardise the doctor’s appraisal system across the UK.
According to an article published by the Guardian newspaper, the NHS Litigation Authority (NHSLA) has set aside £235.4m to settle 60 claims in which it is alleged that babies suffered brain damage because maternity staff failed to notice that they were suffering from hypoglycaemia (dangerously low blood sugar levels). In two of the cases, the hypoglycaemia was so serious that the babies died.
Neonatal hypoglycaemia is a rare complication of childbirth and it affects between 1 and 3 in every 1,000 babies born. Some babies are at a higher risk of hypoglycaemia than others, particularly those born early along with big babies and those with diabetic mothers. According to the Department of Health, such newborns should have a blood test through a heel prick sample every few hours after birth until their blood sugar level stabilises. Babies with low blood sugar levels should either be given extra feeds or sugar through an intravenous drip and, where blood sugar levels are kept level, the outlook is often encouraging. If left untreated however, the consequences can be devastating.
NHSLA figures reveal that there have been 79 claims for damages made on behalf of babies suffering brain damage as a result of undetected or untreated hypoglycaemia in the past decade. Of these, 19 were abandoned with no compensation paid. A further 19 claims have settled with the damages paid ranging from £300,000 to more than £7million. A total of £69.3million has been spent settling these claims to date, and the NHSLA estimates that the remaining £166.1million will be needed to settle the 41 outstanding claims. Moreover, they concede that this figure may rise once annual payments needed to cover the life long care of the damaged babies are taken into account.
Peter Walsh, Chief Executive of the patient safety group Action Against Medical Accidents, said ‘whilst these cases are relatively small in number, the fact the effects are so catastrophic and they are so preventable should make them a ‘never’ event in the NHS. It’s absolutely essential the NHS stops these kind of accidents happening … the human cost in these cases is incalculable.’ He goes on to add that whilst he acknowledges that midwives can make mistakes, the NHS’s shortage of midwives is the ‘biggest factor in these recurring problems of undiagnosed hypoglycaemia.’
If you believe that the actions or omissions of a medical professional caused brain damage, whether you were treated privately or through the NHS, you may have the right to pursue a claim for medical negligence.
It is important not to underestimate the impact that brain damage can have on individuals and entire families. Brain damage can be traumatic enough, but when it is as a result of medical negligence, it can be even more distressing. If you believe that the injury which has been suffered by yourself or a loved one was as a result of medical negligence, then it is important to understand your legal rights before you consider making a claim for compensation. Moosa-Duke Solicitors is one of the few legal firms in the UK who specialise in medical negligence, and their team members are well-qualified to guide you through the process of making a claim for compensation.
Moosa-Duke Solicitors can help you to establish whether you should proceed with a claim and help you to understand the law regarding medical negligence. They will demonstrate how this applies to the brain damage injury suffered by yourself or a loved one.
There are three things which need to be proven:
1) That an injury occurred;
This can be established from the facts of your case and your medical records. We can help you to obtain them and will thoroughly review them with you.
2) That a breach of duty occurred;
All medical professionals have a duty of care towards their patients. An expert in brain damage will be asked to provide their opinion on whether the care provided was negligent.
3) And that this breach of duty was directly responsible for brain damage.
After seeing your medical records and in some cases, examining you or your loved one, an expert in brain damage will be able to say whether the brain damage was a result of the medical professionals’ error.
At Moosa-Duke Solicitors we have a strong network of independent, impartial and highly eminent brain damage experts whom we can instruct on your behalf to provide an opinion on your case.
The best way to ensure that you understand your legal rights when you are considering a medical negligence claim for brain damage is to take advice from a specialist in this area of law. By contacting Moosa-Duke Solicitors, you can know exactly what to expect when making a claim, and gain the professional support that you need at a difficult time.
Earlier this month, Moosa – Duke Solicitors successfully concluded a claim for medical negligence against The University Hospitals of Leicester NHS Trust resulting in the NHSLA paying out compensation.
Our client had attended hospital and had been informed that an emergency operation was required as there were concerns about a potential ectopic pregnancy. She was therefore admitted for a laparoscopic salpingectomy (key hole surgery to remove the fallopian tube where the ectopic pregnancy was).
Following this operation, our client was left unattended on a commode whilst still feeling drowsy from the anaesthetic used in the operation. She collapsed onto the floor from the commode and her condition deteriorated. An ultrasound was done and this showed that there was a collection of fluid in her abdomen. It became apparent that our client had suffered considerable internal bleeding and was therefore rushed into theatre for a further operation to stop the bleeding.
Also, following the operation, our client developed an internal infection, the hospital having failed to provide antibiotics post operatively. After a period of recovery, our client was discharged home. However, due to dangerously low iron levels, she had to be readmitted to hospital for a blood transfusion.
It was alleged that the claim arose as a result of the negligent key hole surgery.
We all expect to receive the highest standard of care possible when visiting our doctor or other health professional. Unfortunately, this is not always the case and, if you believe that you are suffering from an injury or illness that was caused by the negligence of a medical professional, you may be entitled to recover compensation. Should you decide to pursue a medical negligence claim, it is important that you choose a solicitor with the right skills and experience to guide you through the process as clinical negligence claims are often extremely complex and they can last for several years.
With over 20 years of experience, the team at Moosa-Duke Solicitors possess the knowledge and expertise to help you pursue a successful claim. We are one of a small number of firms in the country that deal exclusively with clinical negligence and our senior partner, Ms Duke, holds a position on the Law Society’s panel of specialist clinical negligence solicitors.
Pursuing a claim for medical negligence is often an emotional experience. The team at Moosa-Duke Solicitors appreciate this and we will do everything we can to support you throughout what can be a very difficult process. Indeed, we pride ourselves on providing a personal service that is tailored to your individual requirements and we will always be on hand to answer all of your questions and to provide friendly and professional advice and support.
If you think that you may have a claim for clinical/medical negligence, please do not hesitate to get in touch with one of our team today to find out how we can help.
The Telegraph recently reported that Sir Bruce Keogh, Medical Director of the NHS wants senior doctors to be available in hospitals at weekends as well as during the week. He is quoted as saying that “ people get sick seven days a week” and is critical of the fact that routine investigations/surgery is not available at weekends.
The Telegraph refers to studies showing that there is a greater chance of patients dying in hospitals at weekends due to the unavailability of senior doctors. A poll of 1000 doctors carried out by the website, Doctors.net, showed that 40% of doctors are against a 7 day week. Reasons given include a lack of NHS Funds for a 7 day week service, childcare problems for the doctors and concern that the availability of doctors at the weekend may result in fewer doctors being available during the week
The President of the Royal College of Surgeons, Norman Williams, is quoted as saying “The evidence continues to mount that we need to rethink how surgical care is delivered for patients’ seven-days-a-week. In particular, mortality and complication rates vary widely for patients admitted as emergencies at the weekend.… clinicians and managers must work together to reconfigure hospital services in a way that strengthens the quality of care given to patients regardless of when they are admitted.”
Figures show that there are over 125,000 people suffering with brain damage in the UK.
A brain injury will often have devastating consequences for the individual affected, their relatives and friends; it can lead to a complete change in lifestyle, place a strain on relationships and create financial difficulties. Such an injury is all the more difficult to adjust to if you believe that it has been caused by negligence on the part of a medical professional. If you or someone you know has been affected by a brain injury that you believe was caused by medical negligence, then you may be able to claim compensation.
To successfully pursue a claim for medical negligence, it is necessary to prove three things. Put simply, you must show:
1) That you have suffered an injury (in this case, brain damage);
2) That there has been a ‘breach of duty’ on the part of the medical professional;
3) That this breach of duty caused the brain damage
Here at Moosa-Duke Solicitors we specialise in helping our clients pursue claims for compensation for brain injuries that may have been caused by medical negligence. Proving negligence can be difficult, but you can rest assured that our team will be on hand to fully explain the legal process and terminology, answer all of your questions and support you throughout what is often a difficult process.
We are a leading firm in this field and pride ourselves on the specialist legal advice and high quality customer service that we deliver. With years of specialist experience and a friendly and professional manner, you can rest assured that the service you receive will always be of the highest quality.
To find out more about claiming compensation for a brain damage injury, whether for yourself or a relative, don’t hesitate to contact the team at Moosa-Duke today. Submit an enquiry on our website or alternatively call one of the team on 0800 952 0010 to discuss your situation further.
The Health and Social Care Bill was approved by the House of Lords on Monday evening this week. The Bill still needs to be given Royal Assent but this is hoped to be given before Easter.
Since 1948, for over 60 years anyone resident in theUKhas had access to free NHS treatment from antenatal care through to end-of-life care.
The legislation abolishes Strategic Health Authorities and Primary Care Trusts and gives much greater responsibility and control over care budgets and commissioning decisions to GPs and other health professionals, while greater competition with the private sector will be encouraged. This change is intended to reduce administration costs by one third. Opposers believe that the Bill will fragment the NHS and let private providers take over whilst care is rationed.
Shadow Health Secretary Andy Burnham said: “On this day, in the Queen’s Diamond Jubilee year, we should be celebrating what a much-valued social institution has done to bind our nation together throughout the 60 years of her reign. Instead, we gather to dismantle it.”
The NHS was launched with 3 core principles to provide healthcare to everyone, for free regardless of wealth but based on clinical need, with a budget of £437 million. Today this has grown to a budget of around £106 billion. Ministers deny they want to privatise the NHS but health leaders fear growing privatisation is inevitable.
With 1.7m employees treating around 3 million people in England every week, it is not surprising that Professional bodies representing doctors (The British Medical Association and Royal College of GPs), nurses (Royal College of Nursing) and other NHS workers have opposed the Bill warning that it will open the doors to mass privatisation of services and have joined opposition politicians in fighting the changes which are proposed by the Health and Social Care Bill. The opposition is based on fear that this will lead to a compromise on quality of care as new providers of services win contracts with unrealistic low bids, leaving patients dissatisfied with their treatment and care.
This also raises the important question of whether quality of care can be maintained during these changes and how this will impact on patient care where services are under competition between hospitals and other providers. Although the Bill focuses on improving patient treatment and prevention of ill-health many doctors, nurses and other healthcare professionals are concerned with how the new structure and systems will achieve this.