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It sounds like something from a horror story – having surgery and feeling pain and discomfort, only to find out that a surgical tool, instrument, or other item has somehow been left inside of you! The sheer thought of it is totally gruesome!

So what happens if you have surgery and find out that you need a second operation to remove something that shouldn’t have been left in there in the first place? Can you make a claim for personal injury compensation?

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Any claim for medical negligence can be inherently difficult to win. The reason for this is that certain injuries are not always easy to identify. Sometimes follow up appointments need to be made and clinicians need to wait to see how symptoms develop before taking action and making a proper diagnosis.

But sometimes, things are simply missed.

A knee ligament injury can result in serious and lifelong suffering and potential disability. It’s therefore important to get the right standard of care or you can end up unnecessarily suffering or being worse off if action isn’t taken early on enough. Even a simple tear can become a serious problem if not treated early on, with ligament ruptures often being the worse.
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We expect a certain level of professional care when it comes to treatment and advice received from doctors, nurses, pharmacists, and any other healthcare professionals. Whilst it’s clear there are a lot of underfunding issues with our public health service, we do see an awful lot of mistakes that end up costing people their health.

When it comes to being given the wrong medication, this should just never happen. Whether you have been misdiagnosed and given the wrong medication, or just given the wrong type or dosage after a correct diagnosis, you may have a valid claim for personal injury compensation either from the NHS or a pharmacist depending on who is at fault.
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I don’t think there are many people out there who enjoy going to hospital (if there are any at all!) – but from time to time we all need to have things done to keep us fit and healthy or help us get back to normal if something awful happens.

But what if something happens that we didn’t expect to happen? What if you went to hospital for some straightforward treatment and ended up with some form of serious injury or adverse problem? Can you make a claim for hospital medical negligence for what has happened?
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We all can appreciate that much of the NHS is fighting an uphill battle in these dark financial times. But there is an expected duty of care that the NHS must maintain to ensure that we as the taxpayer are not failed by the NHS by them not doing their jobs properly.

We specialise in clinical negligence cases and have many years of experience in fighting and winning them. They are inherently difficult to win because it can be very hard to prove that negligence has occurred as opposed to an inherent and / or unavoidable risk.

Do you have a Claim?

We must prove that an NHS professional has failed to do their job properly. When it comes to fractures, we need to look at what steps the NHS have taken to assess whether they were reasonable. We also need to see what evidence is in your medical records.
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Clinical negligence occurs when a clinician has negligently breached their duty owed to you and caused a loss. Examples include surgery, dentistry or where you have been incorrectly diagnosed. In addition to these examples, clinical negligence can occur in regard to things which should NOT have been done. For instance, if incorrect medication has been prescribed or the treatment which you have received has been incorrect.
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Medical negligence claims can be some of the most distressing and upsetting personal injury claims that we deal with here at The Injury Lawyers as sometimes we cannot comprehend the sheer negligence carried out by those that we trust – medical practitioners. Medical negligence claims can also be some of the most difficult claims that we deal with when it comes to winning them, with many continuing for several years as evidence and statements are obtained. However, as we have extensive knowledge in this area of law, we ensure that you claim is dealt with as proficiently and as quickly as possible.

If you have been looking on our website you may be aware of the changes that were brought in, the law changed on 1^st April of this year and now because of these changes most solicitors are now seeking to deduct up to 25% from your compensation. However, we still ensure that you receive 100% of your compensation with no deductions, no upfront charges or hidden administration fees.
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I will explain what I mean by the term “pre-medical compensation” and why we think it can be bad. Pre-medical compensation is basically when you receive an offer of compensation to settle your claim before you have been medically examined by a medic-legal expert (so it’s nothing to do with your GP or a doctor etc). We could never advise acceptance of a pre-medical offer, even it did appear a generous offer. The fact is that without medical evidence covering all aspects of your injury, we are unable to value properly your claim. It could appear at face value that you have sustained a minor whiplash type injury – however we are not medical experts and nothing can be assumed.
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The definition of medical negligence is an ‘act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice‘. If a doctor or nurses care falls below the expected standard, their actions may be considered negligent. It would have to be proved that the medical professional did something wrong or failed to meet their duty.

Examples of medical negligence:

• Misdiagnosis or failure to diagnose
• Incorrect treatment, which leads to an adverse affect on the patient and their condition
• Being prescribed incorrect medication
• Failure to give you the standard of care expected.

The duty of a medical professional must not fall below the standard that would be expected of a reasonably competent doctor. It needs to be seen that a body of doctors would have acted in the same or similar manner, when treating the patient in question.

Inherent risks of treatment are normally not considered to be negligent, as they are simply a risk you agree to in order to receive that medical care. The risks and complications would have been present, regardless of the actions taken by the medical professional.
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As specialist injury lawyers, we deal with all types of compensation claims, and this includes medical negligence cases. Medical negligence cases require a great deal of experience and expertise to pursue and succeed with, as they are inherently difficult to pursue.

But on occasions, we take on a case that is so blatant when it comes to negligence, and with consequences so horrifying, it puts your whole faith in medical professions to question.

From sources at The Independent, an inquest in to the death of a heavily pregnant woman has brought to light that trainee NHS surgeons removed her ovaries instead of her appendix by mistake. Tragically the woman died within weeks of the operation. The NHS only realised 2 days after her re-admittance to hospital that the wrong organ had been removed.
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