Medical Claims Solicitors

Medical claims solicitors enable you to recover compensation when you or a loved one has suffered a loss, injury or the deterioration of an existing condition due to the negligence of a medical practitioner who owed you a duty of care. Solicitors who provide legal representation in medical claims for compensation look beyond the initial trauma that has been suffered and consider what the long-term implications of the injury may be – not only for you as the victim, but for those around you who may have to help you through your recovery from an injury. To get specific, individual advice about medical compensation claims, call and speak directly with a medical claims solicitor

PIP Faulty Breast Implant Court Case not Open to Late Applicants Rules Court

Posted on: August 29th, 2014

The High Court has ruled that late applicants, who missed the April 2013 deadline for registering in the forthcoming PIP faulty breast implant court case, will not be allowed to participate in it.

In March 2012, the High Court endorsed a Group Litigation Order (GLO) that would allow injury compensation claims against the clinics who performed breast implant surgery with the recalled PIP implants to be combined into one legal action.

The purpose of the GLO was to reduce the costs of the potential claimants who would join the legal action and the time it would take for them to be compensated if the PIP faulty breast implant court case went in their favour.

A deadline of April 2013 was set for claimants to register in order that the defendants in the case might know the scope of the claims being made against them, and the start of the PIP faulty breast implant court case was scheduled for October.

Just before the April 2013 deadline, seventeen claims for faulty breast implant compensation were being managed by a legal firm in Manchester – Tandem Law – who suddenly went into liquidation and were later acquired by AHV Legal.

Due to a lengthy changeover process, AHV Legal missed the deadline for registering their seventeen clients, and the applications to register them in the PIP faulty breast implant court case were only made in February this year.

The cosmetic surgery clinics defending the case objected to the late applications on the grounds that it would prejudice the case against them. They also cited Lord Jackson´s criticisms of non-compliance with GLO deadlines and provided several examples of subsequent court cases in which potential claimants had been disqualified from making claims due to missing deadlines.

Their objections were heard by Mrs Justice Thirwall DBE at the High Court; who also heard arguments on behalf of the seventeen potential claimants that exclusion from the PIP faulty breast implant court case might compromise their rights to recover compensation. The applicants´ barristers claimed that, should the PIP faulty breast implant court case result in substantial settlements being made to the existing claimants, there may not be enough money left to compensation AVH Legal´s clients.

The judge dismissed the applicant´s argument on the basis that it was speculative. She commented that if there were insufficient funds remaining to compensate the clients of AVH Legal after the PIP faulty breast implant court case, the clients would have a justifiable cause to sue AVH Legal. Mrs Justice Thirwall DBE granted the objection by the cosmetic surgery clinics.

Hysterectomy Negligence Compensation Following Inadvertent Termination Awarded

Posted on: December 24th, 2012

A woman, who was discovered fourteen weeks pregnant during a hysterectomy procedure, has successfully made a claim for hysterectomy negligence following inadvertent termination compensation against the Royal Cornwall Hospital.

The unnamed woman had the hysterectomy procedure carried out in November 2007, during which it was found that she was fourteen weeks pregnant. The procedure had been allowed to go ahead despite the consultant gynaecologist noticing that the patient´s uterus was “abnormally large” but, by the time the foetus had been seen, the woman´s cervix had been removed and a continuation of the pregnancy not possible anymore.

The woman made her claim for hysterectomy negligence compensation following termination on the grounds that the avoidable termination of the foetus denied her and her partner the chance to have the son they longed for and, although she had sustained no physical harm due to the error, both she and her partner had suffered a significant emotional distress when the consultant´s negligence had been shown to them. She alleged that, had she known she was with child at the time of the hysterectomy operation, she would not have proceeded with the procedure.

Having conducted an inquiry into the tragedy, the Royal Cornwall Hospital Trust admitted that an “inadvertent termination” had taken place and accepted their liability in the patient´s gynaecological negligence compensation claim. After negotiations with the woman´s legal representatives, an out-of-court settlement of £62.000 in gynaecological negligence compensation was agreed upon.

Paranoid Personality Disorder Man Awarded 17,300 Pounds at Clinical Malpractice Hearing

Posted on: November 24th, 2011

A Devon man has been awarded a total of 17,300 Pounds in medical malpractice compensation after the unauthorised access of his medical records resulted in the exacerbation of his paranoid personality disorder.

Judge Cotter QC heard how the medical records of Sean Robert Grinyer of Plymouth, Devon, had been access and disclosed by Mr Grinyer´s ex-partner who was, at the time of the offence in December 2007, employed at the hospital as a nurse.

This unauthorised access and disclosure was claimed by Mr Grinyer’s legal team to be in breach of S.13 of the Data Protection Act 1988 and the action by the claimant’s partner, plus an alleged mis-handling of his subsequent complaint, had caused Mr Grinyer’s pre-existing paranoid personality disorder to worsen. It was also alleged in the action against Plymouth Hospital NHS Trust that the deterioration in his condition had also caused Mr Grinyer to reject an offer of temporary employment.

After hearing expert medical opinion in relation to Mr Grinyer´s paranoid personality disorder, Judge Cotter QC ruled that the exacerbation of his condition did indeed constitute an injury and was due to negligence on behalf of the Plymouth Hospital NHS Trust. The judge awarded Mr Grinyer 12,500 Pounds in medical malpractice compensation for the injuries he had sustained plus a further 4,800 Pounds for loss of earnings when unable to accept the offer of employment.

Medical Negligence Claim Settled for Misdiagnosed Spinal Injury

Posted on: November 10th, 2011

A 25 year old man, whose schoolboy spinal injury was overlooked eleven years ago – leading to years of pain and difficulty with walking – has settled his medical negligence claim with the Tameside Hospital in Manchester in an undisclosed out-of-court settlement.  

Liam Careless of Stalybridge, Manchester, was twelve years of age when he attended the Accident and Emergency department of the Tameside Hospital complaining of feelings of paralysis on his neck. Liam was x-rayed, kept in overnight and discharged from hospital the next day with a neck collar for support.

However, after four years of suffering from shooting pains in his neck, a further x-ray revealed that the serious damage to Liam´s spine had been overlooked – damage which could have been resolved with prompt surgery at the time of his original complaint.

Now facing with a lifetime of pain, a weak neck and difficulty with walking, Liam sought legal advice and brought a hospital negligence claim against the Tameside Hospital. The Tameside Hospital admitted that they were liable for the error and offered Liam a six figure sum in compensation to provide ongoing care.

Medical Negligence Compensation for Operation on Wrong Side of Heart

Posted on: October 22nd, 2011

A man, who was woken during a surgical procedure to tell him that his heart operation had gone wrong, has received a six-figure sum in compensation after making a medical negligence claim.

Steve Edwards ( aged 51) from Weston-Super-Mare, North Somerset, was having a minor heart procedure at the Bristol Royal Infirmary in 2008 when the error occurred. During the surgery, an item of equipment slipped, causing a radio pulse to be applied on the wrong side of his heart.

The error meant that Mr Edwards would need a pacemaker to be fitted, and the heavily anaesthetised was brought around to advise him of the treatment he required. Mr Edwards alleged in his action against the Bristol Royal Infirmary that he did not appreciate the severity of the issue at the time, and it was only in an outpatient´s appointment ten weeks later that the full extent of the error became known.

Despite three further attempts at corrective surgery, Mr Edwards will now have to wear the pacemaker for the rest of his life – meaning that he will have to undergo surgery once every seven years to replace the battery. The Bristol Royal Infirmary admitted negligence and agreed a six-figure award sum in compensation with Mr Edwards´ legal representatives in an out-of-court settlement.

In a statement, the Bristol Royal Infirmary said “Technical errors during Mr Edwards’ cardiac ablation procedure resulted in the catheter moving and radio frequency energy being delivered to the wrong side of his heart. Further checks have been introduced to ensure that the catheter is perfectly placed before radio frequency energy is delivered.”

Seven Figure Medical Negligence Compensation Award Anticipated

Posted on: June 9th, 2011

A ten-year-old child, who was brain damaged at birth due to alleged hospital malpractice, has won his battle for medical negligence compensation.

Joseph O’Reggio from was born in April 2001. Before his delivery, Mr Justice Tugendhat was told at London´s High Court, Joe was deprived of oxygen and suffered brain damage as a result.

The results of this birth injury left Joe suffering from cerebral palsy, wheelchair bound and suffering from severe learning difficulties. The Court was also told how Joe is  not able to speak or feed himself.

It was alleged in an medical negligence compensation action against the Royal Wolverhampton NHS Trust that medical staff should have realised earlier that Joe was in distress and brought forward his delivery.

Though the NHS Trust did not accept that Joe´s injuries were caused by medical negligence, they agreed on the day prior to the trial was due to commence to admit 80 per cent liability for the claim, which will now go for assessment of damages.

Mr Justice Tugendhat gave approval for the medical negligence compensation agreement, stating his sympathy and best wishes to Joe´s parents.

DePuy Claims Action for Blood Poisoning Injury Made

Posted on: June 3rd, 2011

A claim for DePpuy claims action for blood poisoning injury has been made by a woman who received her DePuy ASR hip replacement system as recently as November 2009.

The Depuy claims action, taken by Delores Hatcher from Wheeling, West Virginia, follows the results of a blood test in April 2011 which indicated high levels of chromium-1 and meta-cobalt in her blood – known causes of cardiovascular injury and neurological conditions such as headaches, confusion and cognitive decline, and possibly carcinogens which could lead to the development of cancer.

Delores added her DePuyclaim to the growing number of Depuy compensation claims following the hip recall of August 2010 after visiting her doctor complaining of pain around her left hip and difficulty in walking. Both Delores and her doctor were overwhelmed by the outcome of the blood tests as the hip replacement was fitted in November 2009 and had failed in a short period of time.

In her DePuy claims action for blood poisoning compensation, Delores also accused Johnson & Johnson – the parent company of DePuy Orthopaedics – of hiding known defects with the faulty hip replacement systems and alleges that they aggressively marketed the faulty hip replacement systems by paying kickbacks to medical supplies purchasers and orthopaedic surgeons.

DePuy Hip Replacements Cause Confusion

Posted on: January 21st, 2011

Despite promises by the Health and Safety Executive (HSE) that the vast majority of people who had DePuy Orthopaedics hip replacements implanted will not need revision surgery, an expert professor from Newcastle has claimed that as many as 50% of Irish victims would need new hips within 6 years.

Dr. Thomas Joyce, a reader in biotribology at the School of Mechanical and Systems Engineering, Newcastle University, has said during a conference in Dublin that, of the 3,516 DePuy hip replacement systems that have been implanted in Ireland since 2003, about 50% will need replacing within 6 years.

His allegations are based on studies of over 500 DePuy hip replacement patients in the U.K. – more than half of whom have experienced a joint failure within this period due to the “metallic wear debris” that can cause tissue damage and weaken the bone surrounding the implant. DePuy Orthopaedics Inc has already noticed a “higher than expected” failure rate and recalled the faulty ASR Articular Surface and ASR XL Acetabular systems late last year.

However, the HSE says that it has already conducted blood tests and precautionary x-rays on 2,022 patients as a precautionary measure, and has found very few who currently require revision surgery. They intend to continue to monitor the patients over a five year period under an agreement with DePuy Orthopaedics Inc.

Brain Tumour Medical Negligence Claim Settled for 4.5 Million

Posted on: November 19th, 2010

An NHS manager, who sustained severe brain damage after a delay in the diagnosis of her brain tumour, has had a 4.5 million pounds medical negligence compensation claim settled in the High Court.

Frances Bowra (45)of Maidstone, Kent, was employed as a chiropody manager, was a volunteer for the charity “Crisis Over Christmas” and a keen dancer and dressmaker when, in 2003, she was rushed to Maidstone General District Hospital Accident and Emergency Department after collapsing at home suffering from violent headaches and vomiting.

A delay in diagnosing her brain tumour, and moving her to Kings College Hospital, London, for an emergency operation resulted in Frances’ condition deteriorating, and she now suffers from partial paralysis and visual impairment.

In the High Court, the Maidstone and Tunbridge Wells NHS Trust recognised that it had breached its duty of care, and apologised to both Frances and her family for the errors they had made.

Epilepsy Misdiagnosis Compensation Paid to More Than 600 Patients

Posted on: November 16th, 2010

618 former patients of a paediatric neurologist, who were misdiagnosed as suffering from epilepsy, have received epilepsy misdiagnosis compensation payments totalling more than 8 million pounds.

The patients, who were all just children at the time, were negligently diagnosed with epilepsy by Dr Andrew Holton at the Leicester Royal Infirmary between 1990 and 2001, despite many of them only displaying symptoms of headaches or even just misbehaving. One child, after being prescribed a cocktail of anti-convulsant drugs by Dr Holton for ten years, was later diagnosed as having suffered from autism during the whole period.

Following a number of complaints by parents that the medication prescribed for their children´s epilepsy conditions caused the children to suffer side-effects such as blackouts and drug-induced hazes, the General Medical Council (GMC) suspended the doctor from duty and, in 2006, decreed that his professional performance had been “seriously deficient”. The Leicester Royal Infirmary was also criticised in a Department of Health investigation for their response to claims of medical negligence and lack of effective management.

The payments of medical misdiagnosis compensation for epilepsy misdiagnosis have been made throughout the year, and have ranged in value from a thousand pounds to one of 240,000 pounds.