Associated Services

An inquest into a fatal injury caused by some form of negligence can be a traumatic experience. Dunn & Baker Solicitors can advise you how to seek compensation depending on the decision of the inquest.

An inquest establishes the cause of death and whether negligence occurred. If the verdict is split, legal advice can help you determine if you have cause to consider pursuing a fatal injury claim. The inquest will hear from those directly involved at the time of the death. They can be difficult to endure but seeking justice for another’s negligence is important. Dunn & Baker Solicitors have dedicated legal experts to help you through the process.

Their advice and experience will make the process as simple as it can be. Inquests can appear complex, filled with legal and medical jargon. We explain everything to you in plain and simple English. Costs and timescales are made clear at the start. We investigate fully what happened and establish the facts. It is important for you that we keep in contact – we promise to do that – and we answer any questions you have as promptly as we can. Achieving the best possible outcome means seeking adequate financial compensation for your loss.

Contact us today for your FREE initial consultation.

Pregnancy can be an exciting yet stressful time for both mother and child, and it is good to have high-standard medical professionals alongside no complications during the end of the pregnancy. However, even a straightforward natural birth can go wrong if the monitoring of the mother and baby are overlooked by midwives and other medical professionals. If these important procedures are neglected, both the mother and baby can suffer.

We cover a wide range of birth injury claims, and we will be able to advise you or your loved one if you suspect one of these birth injuries have occurred.

CEREBRAL PALSY

A ‘palsy’ is a term used to describe a type of weakness or paralysis affecting the nerves, and cerebral palsy is a specific neurological condition caused by damage to the brain. It can be genetic or unavoidable, and, according the NICE guidelines, affects roughly 2 in every 1000 live births. The type and severity of cerebral palsy can vary, and can affect muscle control, balance, spatial awareness, movement, and speech and language. It can cause problems that may be relatively mild or result in severe disabilities requiring 24-hour care.

How does a cerebral palsy injury occur?

The majority of compensation claims for cerebral palsy are associated with avoidable injuries caused during delivery and when the baby is deprived of oxygen. This is known as hypoxia, and whilst a baby’s brain is able to withstand periods of time without oxygen, if this goes on for too long, the baby can become distressed and serious damage can occur.

The most common negligence claims result from a failure of the medical staff to recognise the signs of distress early enough, including:

• A failure to monitor the baby’s heart rate
• Misinterpretation of signs on the CTG monitor
• Inappropriate use of drugs to accelerate contractions
• Ineffective/poor decision making by the medical staff when problems arise

If the signs above are not recognised and acted upon swiftly the resulting delay increases the risk to the baby – depriving them of vital oxygen – and this can lead directly to an injury.

Can I make a Cerebral Palsy compensation claim?

If your child is affected by cerebral palsy as a result of medical treatment there could be a claim – and we can help you.

How can we help?

We initially consider the circumstances of the birth, including careful examination of all the records and your factual account, and, with the help of experts where necessary, identify whether the care received led to the injury. If the injury was avoidable, we can support you to get an explanation about what happened, as well as compensation that your family may need to cope with the everyday pressures of providing suitable care, therapy, and accommodation in the 1^st instance.

For links to general information and support please see the charities:

https://cerebra.org.uk/        https://www.braininjurygroup.co.uk/         https://bobath.org.uk/

GROUP B STREPTOCOCCUS (GROUP B STREP)

Group B Strep is a common bacterium which lives in the intestines of both men and women. It can also colonise skin flora around the rectum or genital area, and is found in approximately 20-40% of women. It is usually harmless and rarely causes problems with most individuals not realising they have it. It may however be potentially dangerous, and a Group B strep infection can occur when a woman carrying the bacteria passes it to the baby during childbirth.

What are the complications of a Group B strep infection?

Group B strep is the leading cause of severe infection in newborn babies in the UK. It can cause serious illness such as sepsis, meningitis or pneumonia, all of which can be potentially fatal. It requires prompt identification and treatment to avoid long term injury.  In addition, late-onset infection can occur between 7 days and three months and a prompt diagnosis and timely intervention are required to prevent serious injury.

What are the risks associated with Group B Strep?

There are some known risks for transmitting a Group B strep infection including:

• Mothers who have already had a baby that developed the infection
• Mothers who have tested positive for GBS late in a pregnancy
• Mothers who have been in labour for a prolonged period of time (at least 24 hours), and mothers who develop a fever during labour.

What actions should be taken if Group B Strep is found?

If a routine test during pregnancy found Group B strep in a mother’s urine, vagina, rectum, or they were at risk of developing Group B strep (as above), appropriate advice should have been given including; giving birth in hospital; contacting their midwife on rupture of membranes (waters breaking); or being given intravenous antibiotics during labour to reduce the risk of transmission.

What are the main areas of investigation?

Investigations include whether the correct procedures were followed in the antenatal period or whilst in labour, whether any symptoms of infection (in mother or baby) were missed or mismanaged, and whether there was a failure to administer antibiotics to those mothers at increased risk.

We, as experts in medical negligence claims, can help by investigating your claim and seeking both answers and compensation if an injury has occurred.

For more detailed information and support on Group B Streptococcus please see the charity website:

https://gbss.org.uk/

ERB’S PALSY/SHOULDER DYSTOCIA

Erb’s Palsy (otherwise known as shoulder dystocia/Brachial Plexus Paralysis/Obstetric Brachial Palsy) is a palsy (weakness/paralysis) that affects the group of nerves, known as the ‘brachial plexus’, passing underneath the clavicle (collarbone) and which run between the arm and the spinal cord.

These nerves control the signals passing between the central nervous system and the upper limbs, thereby affecting movement, power, position, and sensation.

An Erb’s Palsy injury occurs when a baby’s head has been born, but one of the shoulders becomes stuck behind the mother’s pubic bone, resulting in a delay in the birth of the baby’s body with an associated injury to the nerves supplying the upper limb. It occurs in approximately 1 in 150 vaginal births.

It often takes place unexpectedly and, in some cases, unpredictably. When it does happen, extra help is usually required to safely deliver the baby, and the birth may be a traumatic one.

This injury leads to difficulties for a baby to move their arm/upper limb, and whilst full recoveries can be made, lifelong injuries can be life-changing for both the child and their family.

Factors that can lead to an Erb’s Palsy injury include:

• Delay in referral for an emergency C-section when problems arise during labour
• Excessive force or the wrong implements used (forceps/ventuse suction) during labour
• Failure to advise, in the antenatal period, of the risks of developing an Erb’s Palsy during delivery eg gestational diabetes, a long labour, assisted birth, a BMI of 30 or more

If your child has suffered an Erb’s Palsy injury, and you are not sure if it was avoidable, then our specialist Medical Negligence lawyers may be able to assist.

STILLBIRTH AND NEONATAL DEATH CLAIMS

Whilst most pregnancies result in the delivery of a healthy baby without complications, avoidable mistakes and errors do occur and can lead to significant harm and fatal injuries.

The Royal College of Obstetricians and Gynaecologists reported that ‘there are still too many avoidable stillbirths, baby deaths and brain injuries that occur during term labour in the UK’.

A stillbirth is when a baby is born dead after 24 weeks of pregnancy, either when still in the womb or during delivery. A neonatal death is when a baby is born alive but dies within 28 days.

Not all stillbirths or neonatal deaths are preventable, however, in some cases, clinical errors or mistakes made either in the management of a pregnancy and labour or during the first few days of life can have a direct impact on the eventual outcome.

It is possible to make a claim for compensation if stillbirth or neonatal death was a result of or someone else’s actions or omissions. These include failing to:

• Diagnose and treat medical problems such as pre-eclampsia or gestational diabetes
• Identify and treat an underlying infection
• Identify and treat the cause of reduced foetal movements
• Conduct routine antenatal checks
• Interpret and act upon abnormal results
• Manage childbirth appropriately in the neonatal period

Compensation as a result of a successful claim can help a family to access counselling, and assist by providing monies in lieu of a loss of earnings caused by having to take time off work in order for the family to cope with the loss of a baby.

Our medical negligence experts understand the trauma, emotional and psychological consequences which families experience when losing a baby. We ensure that such claims are dealt with the proper level of understanding, care, and professionalism.

If you have concerns about the care that you received, either during your pregnancy, at the time of birth or in the days afterwards, then please do get in touch.

For further information and support about stillbirth and neonatal death, please see the charity:

https://www.sands.org.uk/

CAESAREAN SECTION INJURY

A caesarean section, also known as a C-section, is where an obstetric surgeon makes a cut in the abdomen and womb in order to deliver a baby. Around 1 in 4 pregnant women in the UK have a C-section, with 3 out of 4 giving birth by vaginal delivery.

There are three types of C-section:

• At maternal request
• Medical request/advice (elective) – where a mother has been advised to have one (e.g., if mother has a large baby or underlying medical condition)
• Emergency – where mother or baby’s health is threatened and urgent delivery is needed

What are the benefits of a C-section?

There is continuing debate (see below) about the benefits and risks of C-section versus vaginal delivery. A C-section is seen as a major operation, with risks such as organ damage, maternal excessive bleeding or infection being prevalent, alongside risks to the baby including breathing difficulties.

C-section injury

There are a number of situations which may result in a claim for negligence. These include:

• A delay by the doctors in deciding to perform a C-section, or failure to perform one when necessary (such as the baby being in distress or an unusual position)
• Direct ‘cut’ or injury to the bladder or bowel
• Problems associated with a retained placenta (such as infection or bleeding)
• A failure to treat a post-operative infection
• A failure to manage the operative wound effectively after stitching or repair (e.g., scarring or infection)

Whilst the above is not an exhaustive list of all situations where it may be appropriate to make a compensation claim, our medical negligence experts will be able to offer legal advice and support and guide you through the process to determine if you may have grounds to make a claim.

NICE have provided guidance on C-sections ‘when to offer and discuss, procedural aspects of the operation and post-operative care’, alongside the charity ‘Birthrights’ – a charity supporting ‘Human rights in childbirth’

For more information and support please see: https://www.nice.org.uk/guidance/ng192

https://www.birthrights.org.uk/factsheets/right-to-a-c-section/

OBSTETRIC ANAL SPHINCTER INJURIES (OASI)

How do Obstetric Anal Sphincter Injuries occur?

OASI injuries occur during delivery via a vaginal birth, and consist of an injury to the anal sphincter muscle. They are also referred to 3^rd and 4^th degree perineal tears. These injuries/tears extend through the vaginal wall, backwards through the perineum to the anal sphincter and can lead to serious problems including anal and urinary incontinence, painful intercourse, nerve damage, and prolapse.

Risk factors for OASI injuries include: prolonged second stage of labour, baby birth weight over 4kgs, maternal age, shoulder dystocia, episiotomy, vacuum extraction, and head circumference of the baby.

Risks of an OASI injury during delivery should be anticipated and avoided with a correctly positioned ‘episiotomy’ – a cut into the perineum or vaginal wall – which is performed by a medical professional to make extra space for the baby to be born and to avoid an OASI injury.

Types of vaginal/perineal tear

Tears, episiotomies, or grazing are common in childbirth – particularly in first time mothers. Whilst unwelcome and causing discomfort, most of these will heal in time. The correct treatment wholly depends on the type and severity of the injury, and are graded as 1^st to 4^th degree tears, relating to the depth and inclusion of surrounding tissues such as skin and anal sphincter muscle.

For example, a 2^nd degree tear is a slightly deeper tear which affects the skin and muscle of the perineum, and is usually repaired by suturing under local anaesthetic. A 3^rd or 4^th degree tear (OASI) is more severe and extends into the anal sphincter muscle which require surgical exploration and repair. There is also an injury known as a rectal ‘buttonhole’ injury, when a hole forms between the rectum and vagina but the anal sphincter does not tear.

If a severe (3^rd/4^th degree) tear does occur, the OASI injury should be recognised and surgically repaired immediately after childbirth, with dedicated follow-up.

These injuries can have a massive impact on an individual’s quality of life, affecting intimate and family relationships, general health and well-being, and employment. We appreciate it can be a very difficult to discuss these injuries, and appreciate that it may be difficult to talk openly about the impact the injury has had – both physically and psychologically.

We have dedicated Medical Negligence lawyers who are able to help you identify whether there was an obstetric or surgical failure in either the recognition or repair of a perineal tear.

For further information in respect of OASI injuries, please see the dedicated charity MASIC:

https://masic.org.uk/about-masic/

RISKS ASSOCIATED WITH MATERNAL MEDICAL CONDITION

Gestational Diabetes

This is a form of diabetes (high blood sugar) which develops specifically during pregnancy, usually in individuals who have not been affected by diabetes before. Symptoms include being unusually thirsty, having increased fatigue, nausea, vaginal and skin infections, sugar in the urine, and more frequent urination. Most women with gestational diabetes have otherwise normal pregnancies and give birth to healthy babies.

Mothers diagnosed with gestational diabetes are however at an increased risk of both developing high blood pressure and of giving birth to a larger than average baby. This may increase the likelihood of requiring induction of labour or a C-section, and also lead to difficulties relating to birth trauma.

Diagnosis of gestational diabetes is usually made during antenatal screening. A failure to identify the signs of the condition, or act upon antenatal results can lead directly to an injury and/or harm to both mother and baby.

The chances of having problems during pregnancy can be reduced by careful control of a mother’s blood sugar levels – initially by the mother herself in relation to diet and activity, although if these steps do not control blood sugar levels adequately, then by taking prescribed medicines alongside closer monitoring.

Pre-Eclampsia

This is a condition which can affect pregnant women, and whilst the exact cause is not fully understood, it is thought to arise from the placenta not developing properly due to problems with blood vessels that supply it. It is characterised by a high blood pressure and protein in the urine.

The condition usually affects pregnant women in the second trimester (from 20 weeks), or soon after birth. Early signs include a higher than normal blood pressure and protein in the urine, which should be identified in routine antenatal appointments.

There are a number of risk factors which may increase the chances of developing pre-eclampsia, including age, family history, expecting twins or triplets, having a BMI of 35 or more.

Whilst most cases will be mild, the condition can lead to serious complications for mother including headaches, visual disturbances, pain below the ribs, swelling of the hands, face or feet, feelings of nausea and vomiting, and in more severe cases a mother may suffer from convulsions/fitting. Left untreated, pre-eclampsia can also lead to serious complications for the baby, and the only way to effectively treat pre-eclampsia is to deliver the baby.

Regular monitoring of the mother and a suitable delivery plan, which may include delivery at 37 to 38 weeks (or earlier in severe cases), is vital to ensure it is possible for the baby to be delivered safely.

At this stage a mother’s labour may be started artificially (induced) or they may have a C-section. A mother should also be offered blood pressure lowering medications whilst waiting for their baby to be delivered.

More information about pre-eclampsia can be found here:

https://www.nhs.uk/conditions/pre-eclampsia/

Case Example

Whilst this is not identical to pre-eclampsia, so far as the cause of the elevated blood pressure differs, it nonetheless highlights the importance of effective screening, identifying problems, and acting on vital information in respect of high blood pressure.

A 35-year-old mother was admitted for an emergency C-section as a result of a significant pulmonary arterial hypertension (high blood pressure which puts additional pressure on the heart and lungs).

It was the mother’s second child, and she had an uneventful second trimester. During a routine antenatal appointment, she reported a slight swelling of her lower limbs. At the next appointment, she described periods of loose stools and further swelling. She was admitted for a number of days at the 34-week period, due to further diarrhoea, swollen lower limbs and some breathlessness. An ECG and echocardiogram of her heart was performed and reported as ‘otherwise normal’. She was discharged at that stage, with the discharge summary stating ‘dehydration due to the later stages of pregnancy’.

She was readmitted some days later with acute shortness of breath and chest pain. A further echocardiogram diagnosed a significantly enlarged heart, showing signs of heart failure. In order to treat her effectively and reduce the significant mortality risk to both her and her unborn baby, she required an emergency section in a specialist unit. During surgery she unfortunately suffered a massive haemorrhage, due to significantly high vascular pressures, and died. Her baby survived. A claim was brought against the hospital trust – and after investigating the records it was found that the trust had failed to cascade the full result of the 1^st echocardiogram to the obstetric team, which reported a considerably enlarged right atrium and significantly high ‘pressures’ in the pulmonary arteries. Both these factors required urgent action by the hospital, and with prompt treatment prior to or during her previous admission, she would not have died during labour. Her surviving partner acted against the trust and was successful in recovering significant six-figure damages for her untimely and avoidable death. 

Polyhydramnios

This is a build-up of the amniotic fluid which surrounds the baby during pregnancy. Some of the known causes of polyhydramnios include a condition which affects the baby’s digestive tract, alongside genetic conditions affecting the baby and maternal gestational diabetes.

Identification of polyhydramnios is by foetal ultrasound and an amniocentesis (a sample of amniotic fluid taken from the uterus). Once diagnosed then monitoring during pregnancy is vital.

Most women who develop polyhydramnios will not experience any significant problems during their pregnancy and delivery – and mild polyhydramnios rarely requires treatment as it will usually resolve independently. Treating the underlying cause (for example gestational diabetes), may be enough to resolve the symptoms.

Those who do develop the condition may experience symptoms such as womb enlargement, indigestion, constipation, swellings in the joints and face and foetal mal-positioning, and in more advanced cases a stomach pain/tightness and shortness of breath resulting from a significant excess of amniotic fluid pressing on a mother’s organs and lungs.

If the polyhydramnios gives way to severe symptoms, then the mother may require draining of the additional amniotic fluid and medications.

The complications of polyhydramnios may include:

• Premature birth of the baby
• Baby’s in the ‘breech’ (feet or bottom down rather than head down) position
• Early rupture of membranes
• An umbilical cord prolapse (cord slips down in front of baby after waters break increasing danger of complications to mother and baby)
• Placental abruption (where the placenta breaks away from the uterine wall)
• Heavy bleeding and pregnancy loss (stillbirth)

If there are concerns that any of the medical problems listed above were not sufficiently monitored or treated effectively, leading to a significant and serious complication for the mother or baby, then our medical negligence team may be able to help you investigate the circumstances to find answers and, in those cases resulting in an injury and potential associated losses, compensation. Please contact our legal experts for a FREE initial consultation.

Medical Negligence Claims

Most medical treatment you receive at the hands of a medical professional will be of a high standard.

Mistakes can happen however and our specialists in medical negligence claims support those who have been the victim of a failing in the provision of care and treatment.

What constitutes medical negligence?

These include:

• A failure or delay in treatment
• A failure to ‘follow-up’ or ‘recall’ for review or treatment
• A misdiagnosis or failure to diagnose
• Prescription and medication errors

Important things to consider:

• In most cases, you have three years from the date of the negligence or an awareness of the negligence within which to make a claim
• A child injured by negligence has 3 years from their 18^th birthday to make a claim
• If a person does not have sufficient mental capacity (ie they are unable to make their own decisions) prescribed time limits to make a claim do not apply
• Medical negligence claims can take a significant period of time to resolve, and usually involve specialist experts

We will be able to advise you or your loved one if you suspect that there has been a failure in the care and treatment provided to you by either the NHS or a private provider – which has led to an injury or harm.

SEPSIS

Sepsis is a life-threatening condition that arises when a body’s response to an infection, via the immune system, injures or damages its own tissues and organs. This can result in shock, organ failure and in severe cases, death. According to the Sepsis Trust, it is estimated that the UK loses almost 48,000 people to sepsis-related illnesses every year.

Sepsis starts with an infection, and can quickly proceed to a widespread inflammatory response, damaging important blood pressure controlling tissues, leading to severe sepsis, septic shock and organ failure. Medical facilities, including GP surgeries, are aware of the importance of the identification of sepsis and prompt treatment.

The symptoms can vary in individuals, most initially replicating those of an infection – such as feeling unwell and having a temperature. Signs of a more severe disease include:

• Slurred speech or confusion (due to lack of oxygen)
• Extreme shivering or muscles pain
• Passing small amount of no urine (in a day)
• Severe breathlessness
• Feeling like you are going to die
• Skin colour looking mottled or discoloured

It is vital to treat an emerging or full-blown sepsis with the utmost urgency. Prompt medical intervention, including antibiotics and fluids to treat the underlying infection will usually result in an amelioration of the effects of the sepsis. Left untreated or misdiagnosed however can lead to devastating results.

We appreciate the challenges that a sepsis related injury or fatality can bring. Our dedicated medical negligence team can help identify sepsis related claims and support you through the process of making a claim for compensation.

Case Example

A 54-year-old previously healthy male was admitted to an NHS Hospital Trust on the Friday of a bank-holiday weekend with a 5-day history of gastrointestinal symptoms, including a fever and severe abdominal aches and pains. The team looking after him over the weekend did not fully recognise and appreciate his deteriorating symptoms, or escalate their findings to the senior medics on duty – despite family concerns. Early on the Monday morning he suffered a massive cardiac arrest and died. The medical team were found to be negligent in not identifying signs of a severe sepsis, the effects of which could have been avoided with the correct treatment. Damages of over £500,000 were paid.

For further information please see:

https://sepsistrust.org/about/about-sepsis/             https://www.nhs.uk/conditions/sepsis/

STROKE

A stroke is a serious life-threatening medical condition that occurs when the blood supply to a specific part of the brain is either restricted or cut off – thereby reducing oxygen to that part of the brain and causing permanent damage. Urgent treatment is essential, and the effects of a stroke can be a devastating, both to the individual and the family.

The risk of a stroke can be increased if you have high blood pressure, high cholesterol, irregular heart-beats (atrial fibrillation) or diabetes. A stroke is caused in two ways – where the blood supply is stopped because of a clot (ischaemic stroke) or where a weakened blood vessel supplying the brain bursts (haemorrhagic stroke).

The principles of stroke management revolve around prompt diagnosis and treatment. The sooner a person receives treatment, the less damage is likely to happen. Clinical staff (and many of the general public) are familiar with the acronym ‘F.A.S.T’ which is used to aid identification of a person who may be suffering from a stroke. Most stroke claims revolve around the mismanagement/misdiagnosis of a blood clot, brain bleed, atrial fibrillation, high blood pressure leading to haemorrhage, and a failure to recognise stroke symptoms.

Treatment will depend on the type of stroke, the location of the brain damage, and treating any underlying cause. Some strokes are treated with medicine to prevent and dissolve clots, and some are treated with surgery to either physically remove a clot, or allow blood associated with a haemorrhagic stroke to drain from the part of the brain affected.

Our medical negligence team can advise you in respect of claiming compensation if you or your loved one have suffered the effects of an avoidable stroke, or have suffered a more severe disability if there were delays in treatment. Our dedicated medical negligence team can support you through the process of making a claim for compensation.

Case Example

A 74-old male was scheduled for a cataract operation at the defendant hospital. During the pre-operative assessment, the Trust nurse found he had an abnormal pulse rate (a cardinal feature of atrial fibrillation – which if not treated increases risk of a stroke significantly). They did not however proceed to follow Trust guidelines, which was to stress the importance of the finding and refer him, in writing that day, to his GP. Eleven days later he suffered a massive stroke, resulting in hemiplegia (paralysis down one side of his body). He was admitted permanently to a care home due to his condition. Expert evidence supported the premise that had he been referred any time up to 24 hours before the end of the 2-week period, he would have been diagnosed with atrial fibrillation, given medication, and would have avoided the stroke. A claim for almost £330,000 in compensation was made against the Trust for accommodation modifications and additional monies paid by the family to the care home to support his additional, negligently acquired dependency.

For further information and support about strokes, please see:

https://www.stroke.org.uk/   https://www.headway.org.uk/  https://differentstrokes.co.uk/

DEEP VEIN THROMBOSIS/PULMONARY EMBOLISM

A Venous Thromboembolism (VTE) occurs when a blood clot forms in a vein – and this term includes both a Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE).

A DVT is when a blood clot forms in the lower leg, thigh or pelvis. A PE occurs when a clot breaks loose and travels through the bloodstream up to the lungs. A DVT and PE can be potentially serious life-threatening conditions that require immediate medical attention.

A DVT mainly affects the large veins in the lower limb, almost always on one side. The clot can inhibit blood flow and cause:

• Throbbing or cramping pain
• Tenderness and swelling
• Skin that feels warm to touch
• Reddish discolouration

If a doctor suspects a DVT they will firstly assess the individual using the ‘2 level DVT Wells score’, which is a series of questions concerning specific symptoms as above and background history, which will estimate the clinical probability of having a DVT.  If the answers to these questions indicate that a DVT is likely, then an ultrasound is mandated, alongside an additional blood test.

If the above tests indicate a DVT, then prompt treatments are vital (anticoagulation) and should begin. If a DVT goes unrecognised and undiagnosed it can result in a PE – a serious and life-threatening complication, characterised by chest pain and unexplained breathlessness.

It should be noted that symptoms of a PE may not always be preceded by the identification of a DVT, and therefore similar prompt treatment of a PE on presentation to clinical staff is vital to avoid serious illness or fatality.

In addition, a VTE is a known patient safety issue, and almost 50% of all cases are linked to hospital stays and immobility. Medical staff should be alert to the potential risk of developing a VTE when someone is an in-patient, has had surgery or is in a risk group and take steps to prevent it.

Our medical negligence team can support you to establish whether or not there were failings in you or your loved one’s care – and help you make a claim for compensation if negligence is established.

MENINGITIS

Meningitis is an infection of the protective membranes that surround the brain and spinal cord (meninges). It is more common in babies, young children, teenagers and young adults, and there are two number of types – bacterial and viral. Viral meningitis is the most common and least serious type. Bacterial meningitis is rare, but can be very serious, and can lead to an acquired brain injury if not treated promptly. It is sometimes fatal.

Symptoms include: temperature, headache, a rash that does not fade when a glass is rolled over it, stiff neck, vomiting, seizures (fitting), drowsiness and unresponsiveness, a sensitivity to light.

Treatment for meningitis

Viral meningitis often gets better on its own between 7 and 10 days – whereas bacterial meningitis will need hospitalisation and treatments that include antibiotics and fluids. Most people with bacterial meningitis who are treated quickly go on to make a full recovery – though some are left with lifelong problems, including:

• Hearing or vision loss (partial or total) – problems with memory/concentration
• Recurrent seizures, co-ordination, movement, balance and mobility problems
• In serious cases sepsis resulting in organ damage and limb loss

Often cases of undiagnosed or untreated meningitis, especially those with a meningococcal bacterial cause, can have devastating consequences. If you have been affected by meningitis, then our specialist team can assist you with making a claim for negligence.

Case examples

David* was awarded seven-figure damages by the NHS who failed to identify symptoms relating to a bacterial meningitis further to an accidental head injury when he was a young child. The Trust omitted important tests and were found negligent in failing to identify and treat obvious signs of meningitis over and above the effects of the minor head injury. The child had developed cognitive problems into adulthood that would require emotional and behavioural one-to-one support through his lifetime, alongside being deprived of potential career earnings. 

Josh* A young infant admitted to ED after 24 hours of being unwell was discharged home into the care of his parents. He remained unwell and the parents took him back 24 hours later, wherein he was again discharged. The Trust were found to be negligent for failing to perform a simple blood test which would have uncovered a bacterial meningitis at that stage. The infant, due to the delay in diagnosing and treating the meningitis, sustained a lifelong total hearing loss, for which compensation was sought 

*this is not the name of the real client, it has been changed for legal purposes.

For further information and support, please see:

https://www.nhs.uk/conditions/meningitis/   https://www.meningitisnow.org/

CARDIAC CLAIMS

Coronary heart disease, acute coronary syndromes, hypertension, angina, valve defects, aortic aneurysms, heart disease, heart failure and related conditions such as embolism and peripheral circulatory disorders are all cardiovascular conditions. They affect the heart muscle, blood vessels and general circulation.

Cardiovascular disease is one of the leading causes of death in the UK, and almost 6 million people live with the disease.

Cardiology is the specialist field of medicine which focusses on the diagnosis and treatment of disorders relating to the above.

Cardiac negligence claims can be associated with severe permanent injury or disability, including death, and usually results from delays or errors in both diagnosis and treatment.

Common claims include:

• Misinterpreting ECG’s in GP surgery
• Failing to diagnose an acute coronary syndrome
• Failing to interpret relevant tests (bloods/ECG) in myocardial infarction
• Surgical error during bypass grafts and/or angioplasty
• Failing to diagnose and treat peripheral vascular disease
• Mismanagement of heart rhythm abnormalities (eg arrythmias)
• Failure to identify and treat aortic aneurysm
• Failure to identify and treat heart failure

Our medical negligence team is well versed in investigating and settling claims for cardiology related negligence claims, and understand the difficulties that individuals and their families face when affected by a serious cardiac injury.

Case Example

Mark*, 56, was an ex-smoker, slightly overweight, who played football twice a week, and enjoyed a varied diet. He began to suffer with occasional pain in his chest. He visited his GP, was advised about his lifestyle, and prescribed indigestion tablets. He returned some weeks later and complained of additional pain whilst at ‘rest’. An ECG was performed – which was normal. Eight days later Mark collapsed suddenly at his home and died of a massive cardiac arrest. The post mortem showed significant coronary artery disease – directly leading to the heart attack.   

The GP was criticised for not referring Mark to the ‘Rapid Access Chest Pain Clinic’ to see a cardiologist, and experts for the GP and Mark agreed that had a more thorough history been taken – and had the GP not mistook his chest pain (which was unstable angina) for indigestion, his coronary artery disease would have been effectively treated. The family secured a six-figure compensation payment. 

*this is not the name of the real client, it has been changed for legal purposes.

For further information and assistance in respect of heart health: https://www.bhf.org.uk/

CANCER CLAIMS

Cancer is a condition whereby cells in a specific part of the body reproduce and grow uncontrollably. These cancerous (malignant) cells can also spread and invade surrounding tissues and organs, and when the cancer spreads to other areas this is known as a ‘metastasis’.

Accurately diagnosing cancer can take some weeks or months. If a cancer has developed slowly, then this time period may not have a material effect on diagnosis and treatment.

However, as a general rule you should not wait for more than 2 weeks to see a specialist if there is a concern that you may have cancer – and where a cancer is diagnosed, you should not have to wait for more than 31 days from the ‘decision to treat’ to the start of treatment.

A failure to diagnose, misdiagnose or delay in diagnosing and treating cancer can have catastrophic effects for individuals and their families. It may be possible to make a claim for compensation, if a delayed diagnosis or misdiagnosis or failure to treat cancer was the result of:

• A delay in being referred to a specialist
• A failure to recognise, examine or investigate the symptoms of cancer
• Overlooking, losing or misinterpreting test results

There are more than 200 different types of cancer, and we are able to deal with all types of cancer claims, including:

• Bowel cancer (colorectal, colon, rectum)
• Bladder cancer
• Breast cancer (male and female)
• Prostate cancer
• Liver cancer
• Malignant melanomas (skin cancer)
• Lung cancer (including squamous cell, large and small cell, mesothelioma)
• Blood cancers
• Malignant brain tumours

Making a medical negligence claim may not always change the outcome of a case, but can help individuals and their families deal with the lasting impacts of misdiagnosis of treatment failings.

We understand that receiving a diagnosis of cancer is devastating and we ensure such claims are dealt with the proper level of understanding, care and professionalism. If you believe that you have suffered avoidable harm as a result of a delayed diagnosis or misdiagnosis of cancer, please contact our legal experts for a FREE initial consultation.

For further information and support:

https://www.nhs.uk/conditions/cancer/                   https://www.cancerresearchuk.org/

The death of a loved one is already upsetting, but the death of a loved one as a result of negligence of medical staff is even more upsetting, and the investigation into the cause of death of a loved one can add on a significant amount of stress.

With our experienced team, we can help maximise the amount of compensation you may be entitled to, and offer advice and support to help individuals and families through the process of a coroner’s inquest.

FATAL INJURY CLAIMS

If a loved one or family member has died as a result of the negligence of medical staff, a fatal injury claim can be made.

At the very least a family may want an explanation about what happened and answers to any questions they might have.

Compensation might also be available to support a family’s future financial security in lieu of the loss of the deceased’s financial contribution to the household they will have made, or been expected to make, in the absence of medical negligence.

A fatal injury claim could be made if a loved one dies due to:

• The misdiagnosis of a medical condition
• Direct delays in treatment leading to an untimely or unexpected death
• Catastrophic surgical errors

Who can make a claim?

A claim can be made on behalf of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 by an Executor if the deceased had made a valid Will. If the deceased died without making a valid Will then the next of kin will have to apply for Letters of Administration so that a claim can be pursued. Our lawyers can assist with this if a medical negligence claim is being pursued.

If a claim is brought on behalf of the deceased’s estate then the claim can include a claim for compensation for the pain, suffering, and loss of amenity suffered by the deceased due to the negligence. It can also include a claim for funeral expenses.

In addition to the above a claim can be made under the Fatal Accidents Act 1976 by or on behalf of dependants of the deceased if they can show that they were financially dependent upon the deceased. The law restricts the ‘class’ of those who are defined as dependants such as the spouse, civil partner, the co-habitant (living together for more than 2 years immediately preceding the death), alongside child dependants of the deceased.

Also under the Fatal Accidents Act 1976 the law currently provides a statutory amount of £15,120 as a ‘bereavement’ award – paid on proof of fault. Sadly, this figure is low and generally seen as inadequate compensation. A bereavement award can only be claimed by a very limited class of people such as the spouse or civil partner of the deceased or the parents of the deceased.

There are a number of important financial issues to consider when making a fatal injury claim, as these have a direct bearing on the value of any claim. These include:

• The age of the individual
• The extent of the financial loss, such as earnings and pension losses
• The value of the ‘services’ (DIY, domestic support, child care) that were provided

How much might a fatal injury claim be worth?

Our experienced team will fully advise you as to what compensation can be claimed in your claim and will gather evidence in respect of losses associated with the deceased, which will include earnings/pensions/services losses, alongside compensation available to assist with grief and trauma counselling if necessary.

You will see therefore it is important to work alongside an experienced team to maximise the amount of compensation you may be entitled to.

INQUESTS INTO DEATH

Facing an inquest which has been convened to investigate the cause of death of a loved one can add significant stress to an already very difficult and traumatic life event. We can offer dedicated advice to individuals and families to help support them through the process of a coroner’s inquest.

An inquest is a fact-finding hearing in a public court, by a coroner, to decide: Who died? How did they die? Where did they die?

Whilst generally there is no requirement for legal representation in an inquest – it may be extremely helpful to help get the answers needed in complex cases – especially where concerns about medical negligence are involved.

It is important to note that, in the majority of cases, an inquest is ‘inquisitorial’ rather than ‘adversarial’. A coroner cannot find someone responsible for a death or determine civil or criminal liability for a death. They can however be critical of individuals and standards of care provided – which might lend tacit support to a case.

The coroner determines the evidence to be heard in an inquest, and which witnesses to call. The coroner can also designate an ‘Interested Person’ (IP)– ‘any other person (other than one providing evidence such as a doctor) who the coroner thinks has a sufficient interest’. Family’s members and close relatives are often classified as IP’s.

Inquests may be called to investigate deaths in circumstances:

• Where death in hospital takes place
• Taking place in a care home
• Resulting from a workplace accident
• Involving a stillbirth or neonatal death in hospital
• Involving a death in custody
• Where the cause of death is unknown

Legal Costs

An individual involved in an inquest can ask relevant questions of witnesses, and if they so wish can instruct a solicitor or other legal professional to assist.

Some inquest support might be provided by legal aid, though these are in exceptional cases, and the majority of law firms will be able to give you free initial advice on whether someone qualifies for legal aid funding for legal representation at an inquest.

It would be the main role of a legal representative to pose questions of witnesses and provide support on behalf of an IP – and if there is a connection with an ongoing negligence case and a fatality, a law firm may be able to provide actual support to the inquest itself.

We use our expertise to support those affected in the inquest process in order to make the process as simple as it can be, and any costs and timescales are made clear at the outset.

It is important to note that the outcome of the inquest may have no actual bearing on the merit of a claim – e.g., criticism made at inquest does not always mean that negligence can be proved, and conversely, a negligence claim can still proceed in the absence of a critical inquest.

Case Example

Joan* sought assistance to help with an inquest. Her husband had died suddenly of a cardiac arrest shortly after being admitted to hospital. He did not have a history of cardiac disease and as the cause was not known, the coroner called an inquest to investigate the circumstances of his sudden death.

Criticisms had been made of the standard of care that Joan’s husband received whilst in hospital. Joan was also making a clinical negligence claim against the hospital – and after examination of the medical records, areas of neglect had been found.

A trawl of the medical records and Joan’s own account was used to underpin the questions that were to be put to the witness’s (hospital doctors) during the entire inquest process, including all the necessary pre-inquest hearings. These were made on behalf of Joan by the legal team, which included a solicitor, who, throughout proceedings, guided the coroner in respect of questions that Joan would like to put to the independent expert instructed by the coroner and defendant Trust’s witnesses. The coroner’s thoughts were included in a ‘narrative’ conclusion and which highlighted some failings in the treatment of Joan’s husband.

Joan went on, having had the right legal support in place, to obtain significant compensation in the negligence claim, and a feeling of satisfaction from her involvement in the inquest process.     

*this is not the name of the real client, it has been changed for legal purposes.

If you believe that the death of your loved one is by medical negligence or wish to investigate into the cause of death, please contact our legal experts for a FREE initial consultation.

The following websites may be useful:

https://www.gov.uk/after-a-death/when-a-death-is-reported-to-a-coroner

https://www.inquest.org.uk/

We have highlighted some common claims and given examples of cases in which damages have been awarded.

If the negligent treatment you received was provided by an NHS hospital, you can bring a claim against the NHS Trust responsible for that hospital.

If the negligent treatment you received was provided by a private hospital, you can bring a claim against the medical practitioner providing the treatment as the they are likely to have insurance.

Negligence which can occur in hospitals can include:

• Delayed diagnosis and misdiagnosis claims
• Negligent surgery
• Negligent treatment
• Hospital acquired infections
• Pressure sore claims
• Accident and Emergency Department claims
• Fatal claims and inquests
• Negligent care

If you believe that you have suffered avoidable harm as a result of a negligent hospital treatment, please contact our legal experts for a FREE initial consultation.

EMERGENCY DEPARTMENT/ACCIDENT AND EMERGENCY CLAIMS

By their nature, assessing and treating accidents and emergencies, such as a fall from height or a cardiac arrest, should be a straightforward process. For example, the chances of being given negligent treatment in an emergency department if one falls from a height, sustaining fractures and losing blood should be slim – the diagnosis is obvious, and the treatment similarly so (i.e., x-rays, scans, reversing blood loss, prepping for theatre etc.).

Similarly – the diagnosis and treatment of a cardiac arrest, once tests such as an ECG and T-Troponin blood test have been done, should be relatively straightforward.

In these cases, the medical teams are helpfully ‘guided’ by the obvious presenting injury or medical emergency and the related signs and symptoms.

However, the continuing failure to achieve target waiting-times, low staffing numbers and high turnover of patients combine to make the risk of negligent care in this department significantly greater. We will have all heard of individuals:

• Being discharged without important test or X-ray results
• Not having the right tests/assessments done in the first place
• Being given the wrong results or no results at all
• Long, detrimental waits on trolleys until a bed has been found

All the above would give cause for concern.

Case Example:

Joe*, a male in his late 40’s, returned from holiday abroad in a rigid neck brace. He had injured the back of his neck on holiday diving into the sea. He had sustained a ‘stable’ fracture of one of his cervical vertebrae and a minor head injury/graze, and had been advised to go to his local hospital on return to the UK.

On arriving in the ED at 1600hrs, his observations were taken. These were abnormal, with a low-grade temperature and lower than usual blood pressure and slightly higher than normal pulse rate. He also had a productive cough and he provided a sputum specimen.

His fracture was assessed and ‘cleared’ by the neurosurgeons – to be reviewed in 12 weeks. He was discharged from ED just after midnight. Over the next 24 hours, he began to feel increasingly unwell. He was surprised to receive a letter from one of the ED Consultants the following morning – recommending, as he had a ‘cough’ and his sputum specimen had shown an infection – that he should see his GP. He duly made an appointment the next day – but before he could be seen, died whilst asleep in his chair. A post mortem found he had significant lung infection giving rise to pulmonary oedema (fluid in the lungs) leading to catastrophic and fatal heart failure.

The ED department was successfully criticised for not taking heed of his abnormal observations, and expert evidence stated that he would have, with the right treatment of fluids and antibiotics when in hospital, survived. His family received a compensation payment of six figures to compensate for a loss of his earnings, pension and services to the household.

*this is not the name of the real client, it has been changed for legal purposes.

SURGICAL ERROR

Each day thousands of operations take place in England and Wales. The majority of these proceed without incident. However, there are operations performed which do not reach the required standard and cause injury and harm – and these should be investigated.

There are factors that can complicate or increase the risk of surgical error and these are based on:

• Unreasonable delay, either causing additional suffering or reducing the chance of a successful outcome
• Operator error
• Surgery on wrong part of the body
• Equipment failings or implements such as surgical swabs and forceps being left ‘in situ’
• Post-operative infection leading to serious outcomes (such as sepsis)
• Damage to nerves, blood vessels, or other organs
• Surgical error may also mean that an operation has to be redone or revised.

Some of the above (e.g., an operation on wrong part of body, or equipment left ‘in situ’) are known as ‘never events’ and almost always result in a successful claim – as they should not happen.

Whilst mistakes can be made during surgery, some of these may be unavoidable, and if a surgeon identifies their errors quickly enough and take steps to alleviate the effects of the damage (the principles of ‘see it, mend it’) – especially if it does not result in an injury, then one is less likely to have a claim for negligence.

If, however, the surgery caused injury, and the injury was not identified for some time afterwards, or a surgeon’s technique was questionable, all of which result in more complications and damage, then a claim is worth investigating.

Case Example

Jill*, a 48-year-old teacher, underwent a laparoscopic cholecystectomy (removal of gall bladder) as a routine operation. The surgeon failed to achieve a ‘critical view of safety’ – an absolute requirement in this type of operation, and thereby negligently sliced through her common bile duct (instead of her cystic duct). The surgeon also made a small incision into her hepatic artery. This led to post-operative blood loss and a bile duct injury causing jaundice and peritonitis (free bile fluid in the abdominal cavity). Both these injuries went unnoticed, and the surgeon wrote, in the operation note, that they had obtained a ‘critical view of safety’ and that all went satisfactorily. Jill was discharged home, but ended up in ITU, having had an emergency operation after suffering the effects of the negligent surgery for a number of days whilst recouping at home.

Her post-operative course was a stormy one, and she ended up with a longer term fatigue related condition. She was unable to return to work as a full time teacher. She made a successful claim for damages including a significant sum for earnings and pension losses.

*this is not the name of the real client, it has been changed for legal purposes.

AMBULANCE CLAIMS

The role of the ambulance service and paramedics is often to provide urgent care to patient in emergency circumstances prior to them arriving at hospital. If paramedics fail to provide an adequate standard of care, this can prove fatal.

Medical negligence claims against the ambulance service can arise out of:

• A failure by an emergency medical dispatcher to correctly categorise a patient’s condition based on the information given
• A failure by paramedics to recognise a feature of the patient’s presentation and thereby failing to ensure they receive the urgent medical attention they need
• A refusal by paramedics to admit a patient to hospital when this is necessary

If you believe that you or someone you know has suffered negligent treatment by the ambulance service, please contact our Medical Negligence team for a confidential initial discussion and advice.

HOSPITAL-ACQUIRED INFECTIONS CLAIMS

Hospital-acquired infections are infections which patients contract once they have been admitted into hospital.

Infections which may be the result of negligence can include:

• Clostridium difficile
• MRSA
• Pressure Sores

Unfortunately, some patients contract hospital-acquired infections as a result of negligence when hospital staff have provided substandard care to the patient. To bring a successful claim, it must be proven that the infection was preventable.

An infection might have been avoidable if there was:

• A failure of hospital staff to follow hygiene procedures
• A failure of hospital staff to adequately monitor the patient’s condition

If you or a family member have suffered from a hospital-acquired infection which you believe was preventable, please contact our Medical Negligence team for a confidential initial discussion and advice.

PRESSURE SORE CLAIMS

Pressure sores, also known as pressure ulcers, can be a very painful, and potentially life-threatening injury. They occur when pressure on soft tissue restricts blood flow to that area. The area of tissue is then starved of blood and oxygen, leading to them becoming inflamed and ulcerated.

Pressure sores can lead to necrosis, the death of the tissue. The death of tissue can spread and, in the most catastrophic circumstances, can lead to loss of tendon, bone or muscle. They can require surgery and lead to infections and conditions such as gangrene. They are painful and can leave significant scarring and skin weakness and leave you vulnerable to further sores. In some instances, pressure sores can be fatal.

Pressure sores are commonly found in hospital environments. In hospital patients can be incapacitated or unable to move without assistance and so their bodyweight can remain on one area for a prolonged period of time, creating the pressure that can lead to a sore. Because of this risk, hospital staff are required to identify those at risk of pressure sores and turn them so they may redistribute their weight and thus relieve any areas that may develop sores.

Hospitals are well aware of this risk and so there are standardised checklists and charts that nursing staff are required to complete to ensure that pressure sores do not develop in recognised ‘pressure areas’ that are at risk. The reason that these charts have been developed is because pressure sores are almost always avoidable through the provision of proper care.

It is therefore very common that when someone suffers a pressure sore in hospital they have suffered it due to negligence in their care.

If you have suffered a pressure sore whilst in hospital, contact one of our expert team to discuss whether we may be able to assist you in bringing a claim.

Negligent care is when a patient is provided with care which falls below an acceptable standard.

To bring a successful claim, it must be proven that the negligent care caused the person avoidable injury, either the worsening of a pre-existing condition or the development of a new injury or condition.

Negligent care most commonly arises in:

• Care homes
• Hospitals

Examples of negligent care include:

• Injuries caused by general neglect
• Injuries caused by the poor handling of patients
• Injuries caused by trips, slips and falls
• Pressure sores

If you believe that a family member has suffered injury as a result of negligent care in a care home, please contact our Medical Negligence team for a FREE confidential initial discussion and advice.

Who can bring a claim?

You might be able to bring a medical negligence claim on behalf of a family member who is in hospital or a care home if they lack mental capacity.  You would act as their litigation friend until they regain capacity. A litigation friend makes a claim on the claimant’s behalf and must always act in their best interests.

Negligent medical treatment is where a patient’s treatment for a condition or illness falls below an acceptable standard.

Receiving negligent treatment can result in a patient’s condition worse or causing a new injury.

Negligent treatment can include:

• A delay in treatment
• Failing to note deterioration
• Failing to operate
• Incorrectly treating the patient
• Neglecting the patient

If you believe that you have suffered avoidable harm as a result of a negligent treatment, please contact our Medical Negligence experts for a FREE initial consultation.

If you have a suffered negligent surgery, you may be able to bring a claim for compensation.

Any surgical procedure carries a number of inherent risks. Some risks are present in all surgical procedures such as a risk of infection or bleeding.

However, there are some risks which are not inherent and mistakes can be made, entitling the patient to make a claim for compensation.

Never Events

Negligent surgery can include never events, which are incidents which would not have occurred if the correct procedures are followed and amount to negligent.

Each year the NHS publish a list of never events on their website. These currently include incidents such as the wrong operation performed, the operation being performed on the wrong part of the body or foreign objects being left inside the body after surgery.

Other Common Surgical Errors

Other incidents of negligent surgery can include:

• Anesthesia errors
• Damage to nerves or arteries
• Damage to organs
• Poor aftercare
• Poor standard of surgery

If you believe that you have suffered negligent surgery, please contact our Medical Negligence team for a FREE confidential initial discussion and advice.

Before commencing a medical negligence claim, it is advisable to make a formal complaint against the organisation or medical professional who provided the treatment.

WHAT ARE THE BENEFITS OF MAKING A COMPLAINT?

Making a formal complaint can:

• Result in the healthcare provider giving an explanation as to why the treatment was carried out in a particular way and what went wrong
• Result in an admission that a poor standard of care was provided
• Be a good way of obtaining further information about your treatment and the concerns you have before assessing whether there is a claim worth pursuing
• May result in the healthcare provider apologising for the treatment given and reassurance that lessons will be learnt

HOW LONG DO I HAVE TO MAKE A COMPLAINT?

Generally, you should make a complaint within 12 months of the incident or treatment or within 12 months of you realising that you have been provided treatment which you would like to complain about.

HOW DO I MAKE A COMPLAINT?

You can make a complaint verbally or in writing to the provider of the treatment. We recommend that you put your complaint in writing to ensure that the full details of your complaint are recorded and considered by the provider.

If you are making a complaint regarding treatment received whilst you were a patient at an NHS hospital, you can make a complaint through an online portal called PALS (Patient Advice and Liaison Service). Each hospital normally has its own PALS which can give you further advice on the procedure for making a formal complaint. You can search for the relevant PALS to make a complaint to on the NHS PALS website: https://www.nhs.uk/nhs-services/hospitals/what-is-pals-patient-advice-and-liaison-service/

If you would like to make a complaint regarding treatment received outside of an NHS hospital, you can write a letter of complaint directly to organisation or medical professional who provided the treatment.

WHAT SHOULD I INCLUDE IN THE COMPLAINT?

We recommend that in your complaint you include:

• The name of the patient, their date of birth and NHS number (if relevant)
• Where and when the treatment was received or the incident happened
• A chronological account of what happened; try and be as specific as possible about what happened and in what order and where possible include precise dates
• The concerns which you had about the treatment provided and reasons for making a complaint
• A description of the injuries sustained as a result of the treatment and any financial loss which you have incurred as a result
• The outcome that you are seeking by making a complaint; for example, an apology/explanation/questions which you would like to be answered
• Any documents or photos which support your account

For further assistance in writing a complaint, see our complaints template below.

Medical Negligence Complaint Letter – PDF

Medical Negligence Complaint Letter – .docx

WHEN WILL I RECEIVE A RESPONSE?

Once you have made a complaint, the healthcare provider should acknowledge that they have received your complaint within 3 working days. This acknowledgment should include details of how your complaint will be handled and the expected time scale for a detailed response.

Once the healthcare provider has had a chance to investigate, you will receive a detailed letter of response setting out findings in relation to the allegations raised in the complaint.

There is no official time limit for a response as the healthcare provider will need to have time to conduct their own investigations, which can take several months. However, if you do not receive a response or decision for more than 6 months, you should be told the reason for the delay.

Remember to keep a copy of your complaint letter and any response which you receive.

WHAT DOES A COMPLAINT NOT DO?

A complaint will not, however, result in you receiving financial compensation for the loss you have suffered as a result of the treatment.

Any admissions made by the healthcare provider in response to a formal complaint do not suffice as an admission of liability for the purpose of a medical negligence claim. However, it will be helpful in ascertaining more information and the response might form the basis of any medical negligence claim.

What do I need to prove as part of bringing a medical negligence claim?

To bring a successful medical negligence claim, you must prove two things:

Firstly, there must have been a breach of duty, also known as negligence.  This is a high threshold to pass as it must be proven that no other reasonable medical professional of the same specialism as the alleged negligent medical professional would have acted in the way the medical professional acted in your case. This is normally demonstrated through obtaining your medical records and instructing an appropriate independent expert to look at what happened and to determine whether your treatment fell below an acceptable standard of care.

Secondly, you need to prove what is known as causation. This is that had the negligence not have occurred the outcome would have been different. In other words, you would not have suffered any injuries if you were provided with the correct standard of care. An appropriate expert is normally instructed to investigate this.

What are the time limits for bringing a medical negligence claim?

As a general rule, you have three years to issue court proceedings for a medical negligence claim. The three years run from the date of the negligence or from the date you reasonably discovered that the treatment was negligent (whichever is the later).  For claims involving fatal accidents, generally the date runs from the date of the death.

There are two exceptions to this rule which relate to very specific claims:

For medical negligence cases involving a child, the claim can be made on their behalf anytime up until their 18^th birthday. After that date, they will have three years (until their 21^st birthday) to make a claim.

For medical negligence cases brought on behalf of someone who lacks mental capacity, there is no time limit. However, if the adult regains capacity, you will have 3 years from that date to make a claim.

Who can I bring a medical negligence claim against?

It is possible to make a medical negligence claim against:

• Doctors
• NHS trusts responsible for hospitals
• Cosmetic surgeons
• Nursing home staff
• Other healthcare providers

If the negligent treatment you received was provided by an NHS hospital, you can bring a claim against the NHS Trust responsible for that hospital.

If the negligent treatment you received was provided by your GP, you can bring a claim against the individual GP.

Can I make a claim if I received private health care treatment?

If the negligent treatment you received was provided privately rather than on the NHS, you can bring a claim against the medical practitioner providing the treatment as the they are likely to have insurance.

How will I fund my claim?

In medical negligence claims public funding, also known as legal aid, is only available in exceptional cases where a child has suffered a severe brain injury during pregnancy or birth or shortly afterwards.

The majority of medical negligence cases are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee Agreement. Under this agreement, if the case is lost at any point in time then you do not have to pay us anything. However, if the case succeeds then you have to pay us an agreed success fee, that is that up to 25% of the compensation is paid to us.

The Conditional Fee Agreement does not cover your opponent’s costs which you can be ordered to pay in some circumstances nor does it cover what are known as disbursements. Disbursements are the costs such as the expert reports, barrister’s fees, Court fees. Those sorts of things that quickly add up to a lot of money. Your opponent’s costs and the disbursements can be covered by insurance.

You might already have legal expense insurance in place as it can be included in household insurance or contents insurance in some circumstances. If you have household or contents insurance the policy would need to cover legal expense insurance and would need to have been in effect at the time of the negligent treatment.

If you do not have legal expense insurance or insurance that will cover the claim then we can take out what is known as an after the event insurance policy and this will cover disbursements and the other side’s costs if they need to be paid. A premium is payable for taking out this insurance, but the premium does not need to be paid until the conclusion of the claim and is only payable if you are successful and is deducted from your compensation. If your case is unsuccessful, you will not pay anything for the premium but the premium is deducted if the claim is successful.

What happens if I win my case?

If your case is successful, you will be awarded compensation. Up to 25% of your compensation is payable for the success fee under Conditional Fee Agreement and you will also have to pay the insurance premium. You will then get to keep the balance.

What happens if I lose my case?

If your case is unsuccessful at any point, the Conditional Fee Agreement and the Insurance cover everything and you will not owe anybody anything. You will therefore be no better off and no worse off than you are at the start of the claim.

What are the key stages of a medical negligence claim?

The key stages of a claim include:

Initial investigations

We will need to carry out initial investigations in order to determine the strength of your claim and its prospects of success.

This involves us requesting and reviewing your medical records.

We will instruct appropriate independent experts to look at your medical records and other evidence and we will ask them to draft a report on whether, in their opinion, your treatment fell below an acceptable standard of care and if so, whether the negligence caused or contributed to your injuries.

Once we received the relevant expert reports, we will review these and we may need to go back to these experts with questions or instruct further experts which will take further time. Additionally, if your medical treatment is ongoing or your condition worsens, we may need to request further records and reports.

At this stage, will begin to ascertain the value of your claim which will require us to obtain documents to support any financial and non-financial loss which you have suffered as a result of the negligence (see below).

We may also instruct a barrister to give advice on your prospects of success based on the evidence collated.

These initial investigations are likely to take several months or even years but it is important that they are carried out so we are in a better position to advise you on whether your case is likely to be successful.

Presenting your case to the Defendants:

We will then draft a Letter of Claim to the Defendant which will set out your case, including the allegations of negligence, the resultant injuries suffered, alongside evidence supporting your case.

The Defendant then has 4 months to respond to the allegations put to them. It is likely that the Defendant will want to carry out their own investigations in relation to your claim, including requesting a copy of your medical records and instructing their own independent experts to write a report.  The Defendant will have to provide a detailed letter of response, stating whether liability is admitted or denied, in whole or in part.

If the Defendant admits liability, we will then enter into negotiations with the Defendant in relation to the value of your claim and on the amount of compensation you should be paid.

Issuing court proceedings

If the claim has not been resolved, either because the Defendant denies liability or we are unable to negotiate an agreed amount of compensation, the claim will take longer and it may be necessary to issue court proceedings and prepare for a Trial.

However, even if we have to issue court proceedings, we will continue to negotiate with the Defendant to try and reach a settlement.

Will I have to go to court?

It is becoming increasingly common for medical negligence claims to be settled before going to court. The vast majority of cases do not make it to Trial because both sides are encouraged to negotiate and settle outside of court in order to reduce costs.

How long will my claim take?

It is difficult to predict from the outset how long your claim will take and it will depend on a combination of factors, including how complicated your injuries are and whether the Defendant disputes liability. On average a medical negligence claim can take 2 to 3 years to conclude but rest assured that we always ensure that claims are progressed as quickly as possible.

What can I claim for?

A medical negligence claim is made for compensation (also known as damages) to repay the Claimant for the loss which the negligence has caused. The amount of compensation which you might receive will largely depend on:

• The severity of your injuries
• Whether your injuries are likely to have a long-term effect
• Whether you are unable to work as a result of your injuries
• Whether your injuries will require you to receive medical care and treatment in the future

There are two different types of compensation which can be claimed:

General damages: General damages are compensation for the non-financial loss which you have suffered as a result of the negligence. This includes the pain, suffering and ‘loss of amenity’ which you have sustained as a result of your injury. The value of General Damages is often determined through looking at official guidelines and previous cases decided involving similar injuries.

Special damages: Special damages are compensation for the financial loss which you have suffered as a result of the negligence. This includes previous financial loss which you have incurred to date, such as loss of earnings, travel expenses and costs of care It also includes any future financial loss which you are likely to suffer. For instance, this could include the loss of future earnings, the costs of future medical treatment, care and rehabilitation, specialist equipment and accommodation.

Will making a claim affect my current treatment?

It is against the law for a hospital or GP surgery to refuse to treat you because you have made a complaint against them or pursuing a medical negligence claim against them. However, because of the treatment you have previously received, you may find it more comfortable to receive treatment elsewhere. Our expert medical negligence lawyers can discuss this with you and advise you should this be a concern to you.