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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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Every day we put our trust in the NHS and the professionals that we consider to be able to address and help aid us with any medical needs. However, unfortunately, sometimes mistakes are made which can result in awful circumstances where an individual is left with a life changing injury.

One of the hardest aspects of medical negligence claims is that with any medical procedure there will always be inherent risks which would be extremely difficult to make a claim for; so one of the first things to establish is whether what has happened was something that was explained to you as an inherent risk and something that unfortunately could not have been avoided or whether it is something that would not have happened had the negligence occurred.

There are many different circumstances that can arise under the general heading under “Medical Negligence” and in this blog I will focus on an occasion when a professional has failed to read results properly.  At one time or another most of us will have undergone or will undergo a test at the hospital – be this an x-ray, MRI scan, ultrasound – and we all understand that the sole purpose of these is to produce results that indicate what is wrong with us to enable further and appropriate treatment.
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One of the most common eye procedures nowadays is laser eye surgery; which does come with its own unique set of risks and potential complications. Laser eye surgery is a common vision correction procedure. It is a popular procedure for those suffering from long and short sightedness. As with any medical or surgical procedure, you should be made aware of the risks and potential side effects before deciding to proceed. It is always a balancing act between choosing to live with a problem or deciding to have surgery in the hope to correct a problem. The first laser was approved for laser eye surgery in 1998, therefore the long term safety and effectiveness of laser eye surgery is relatively unknown.

Some specific risks include the following: Some patients may lose lines of vision and this cannot be corrected with glasses, contact lenses or surgery. Some patients develop double vision or halos. Some patients may require additional treatment as only a certain percentage of people achieve 20/20 vision without the use of glasses or contact lenses. Some patients can develop dry eye syndrome which can cause irritation, intermittent blurring and other symptoms. Of course there are many other potential risks and complications.
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Orthopaedic surgery is to attempt to correct problems that arise in the skeleton and its attachments such as the ligaments and the tendons. Orthopaedic surgeons will perform a wide range of surgical procedures including hand reconstructions, spinal fusions, joint replacements etc. Much of the work of an orthopaedic surgeon involves adding foreign material to the body in the form of screws, wires, pins etc. This does have risks in itself as there is no guarantee that the body will react to the foreign body in a positive way – although it has proved to be successful with many operations.

As with any surgical procedure, there are many inherent risks are involved. Your surgeon should always explain the risks prior to agreeing to undertake a surgical procedure. The idea is that a patient is always making a fully informed decision. It is the patient’s decision whether or not to have the surgery. The patient should be made fully aware of the potential consequences of not having the surgery and the potential consequences or side effects of having the surgery. A failure to fully inform the patient of risks could leave the practice (whether it be a private clinic or a NHS clinic) open for a claim in medical negligence.

General risks with orthopaedic surgery include excessive bleeding, infection, allergic reactions etc. Some more specific risks include inflammation in the part of the body where foreign materials (screws, pins etc) are inserted. There may also be a risk of nerve damage or damage to the spinal cord. The risks will vary depending upon the precise operation being undertaken.
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Spinal Surgery Claims come under the field of medical negligence which is a specialised area of personal injury law. It is imperative that you speak to a firm with experience in dealing with similar medical negligence matters. By its very nature, spinal surgery is dangerous; it is probably one of the most dangerous types of surgery there is.

Spinal surgeons are extremely experienced and highly skilled individuals. However, should something go wrong, the potential effects can be devastating. The injuries are likely to be life changing, with individuals requiring constant care and attention that could last for the rest of their life.
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More and more people these days are willing to undergo various treatments and surgeries in order to achieve the look that they desire. Cosmetic treatments are becoming more and more common in the modern world. More and more people are increasingly concerned and obsessed with their appearance.

Dermal filler is a gel-like substance that is injected under the skin. The aim is to “plump up” an area and it is most commonly used to smooth out unwanted wrinkles. Unfortunately the industry is almost completely unregulated in the UK. In the USA there are only a handful of fillers that have been licensed as safe for use. However in the UK there are over 100 different types of fillers on the market. The fillers can be purchased and administered by anyone, even by people with no medical training.
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Botox is an incredibly popular treatment; however it is also highly unregulated. Over the years, as the popularity of this procedure has grown, so has the call from many qualified surgeons for the regulation to grow with it. This is not surprising when you can go into your local hairdresser and have Botox – something that unquestionably worries those qualified who knows all the risks.

So what can happen when Botox is negligently administered? Please be aware that this blog focuses on conditions that arise out of negligence of the surgeon/doctor etc. Every cosmetic surgery procedure carries with it inherent risks and therefore it is imperative to distinguish between inherent risks and those caused by negligence as inherent risks are normally something that you simply accept when you sign any agreement (usually).

Botulinum toxin is a toxin that in large amounts can cause paralysis – of course in small amounts it has proven to correct those “laughter lines” as it relaxes the skin. A common misconception with Botox is that it tightens but this is not true- it relaxes the skin making it appear softer and consequently wrinkles less noticeable.
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We live in a world where image is everything! Nowadays it is so easy to get access to invasive surgery to enhance the way our body looks. From the well known face lifts and Botox treatment to breast implants, nose reshaping, and even buttock implants (which sounds crazy!), it’s all available on the high street for the right price.

But one thing that many people are not too aware of is the relatively poor state of the regulation here in the UK for cosmetic surgery. Don’t get me wrong, there is regulation; but we have all learned from the PIP breast implant scandal that there is nowhere near enough protection for people who have suffered due to negligence in the cosmetic surgery industry. There are no group insurance schemes for when a clinic goes in to liquidation (of which some have purposefully chosen this route to avoid paying out!) and clearly there is not enough being done to make sure that products used in the body are continually tested.

Anyway, breast implants aside, where do you stand when it comes to needing legal advice or representation for a plastic surgery claim? Do you have the right to claim compensation when something has not turned out the way it was meant to?
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