Medical Negligence Claims Solicitors

Medical negligence claims solicitors enable you to recover compensation when you or a loved one have suffered an injury, a loss 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 negligence claims for compensation look beyond the initial trauma that has been suffered and consider what the long-term consequences of the injury may be – not only for you as the victim, but also for friends and family who may have to help you through your recovery from an injury. To get specific, individual advice about medical negligence compensation claims, call and speak directly with an experienced medical negligence claims solicitor

Lymphoma Cancer Compensation Claim Settled Out of Court for Patient who Received Infected Kidney

Posted on: May 7th, 2014

A Merseyside man´s lymphoma cancer compensation claim has been settled out of court following an admission of negligence from the NHS Blood and Transplant Unit.

Robert Law underwent a kidney transplant operation at the Royal Liverpool Hospital in 2010, but six days later during a post-mortem it was discovered that the donor, who had died from a brain haemorrhage, had lymphoma – a rare form of blood cancer that the screening of the kidney had failed to identify.

Sixty-two year old Robert from New Ferry on the Wirral was informed of the situation quickly, but his immune system was vulnerable after the kidney transplant, and the diseased white blood cells quickly spread via his blood stream. Robert underwent chemotherapy to treat the lymphoma and a biopsy revealed that the cancer was in remission.

Robert made a lymphoma cancer compensation claim against the NHS Blood and Transplant Unit, who – in 2012 – admitted responsibility for his blood cancer and issued an apology. An undisclosed settlement of compensation was negotiated to account for the NHS´s negligence and for the psychological trauma Robert had experienced on being informed of the error and throughout his treatment.

The Chief Executive of NHS Blood and Transplant – Lynda Hamlyn – repeated her apology when the settlement was announced, stating that she hoped the full and final settlement of Robert´s lymphoma cancer compensation claim will enable him to move on from what unfortunately happened. She added that new mechanisms had been introduced to prevent this tragedy from occurring again.

A second lymphoma cancer compensation claim is still in progress – Gillian Smart (52) from St Helens in Merseyside having also received a kidney from the infected donor.

Settlement of Compensation for Brain Damage at Birth Approved in Court

Posted on: September 24th, 2013

A judge has approved a settlement of compensation for brain damage for a young girl who was deprived of oxygen prior to her delivery and now suffers from athetoid cerebral palsy.

Ruby Curtis (8) from Garforth in West Yorkshire was born on 28th August 2005 at St James Hospital in Leeds after having been deprived of oxygen in her mother´s womb prior to her delivery. Medical staff at the hospital had administered drugs to bring on her mother´s contractions, but a failure to notice her mother´s ruptured uterus delayed Ruby´s birth longer than necessary.

Ruby was subsequently delivered suffering from brain damage and was diagnosed as suffering from athetoid cerebral palsy – a cerebral palsy condition which results in involuntary muscle movements in the head, body and limbs – and, although Ruby can make noises, she is unable to speak clearly and communicates through her eye movements.

Ruby requires help with every element of daily life, and her mother – Lisa – gave up her job to care for her daughter. Through Lisa, Ruby made a claim for compensation for brain damage at birth against the Leeds teaching Hospitals NHS Trust, claiming that Ruby´s condition could have avoided with greater care and alleging that the medical staff failed to recognise that a serious complication had occurred.

After an investigation, the Leeds Teaching Hospitals NHS Trust acknowledged “majority responsibility” for Ruby´s brain damage, and a compensation settlement was negotiated that will secure round-the-clock care and financial security for the rest of Ruby´s life.

Judge Mark Gosnell at the High Court in Leeds heard that the settlement of compensation for brain damage at birth included a lump sum payment of £2.95million and ongoing payments each year which would be managed by the Court of Protection.

An apology to the family was also read out in court by a representative of the Leeds Teaching Hospitals NHS Trust which, the judge hoped, would give the family “a sense of closure”. Judge Gosnell added while approving the settlement of compensation for brain damage at birth that the settlement should secure “a better family life for both you and Ruby”.

Family´s Cancer Misdiagnosis Compensation Claim Settled Out of Court

Posted on: April 30th, 2013

The family of a man, who died from cancer two years after being incorrectly diagnosed with a chest infection, have settled their family cancer misdiagnosis compensation claim against Coventry University Hospital.

Frank Golby from Whoberley in Coventry passed away just a single day after receiving a correct diagnosis of lung cancer – almost two years after first attending Coventry University Hospital complaining of a persistent cough and undergoing a CT scan.

The scan in May 2010 had detected a 1cm-wide nodule on his left lung, but doctors had overlooked this and, instead of reviewing the scan when Frank again attended the hospital complaining of breathing problems and anaemia, another chest x-ray was not completed until February 2012.

Having soughtlegal advice, Frank´s grieving family made a family cancer misdiagnosis compensation claim against University Hospitals Coventry and Warwickshire NHS Trust; alleging that had the hospital correctly identified the growth on Frank´s lung at the time of the original scan, he would have received treatment that could have extended his life by ten years.

After an investigation into the circumstances of Frank´s misdiagnosis, the University Hospitals Coventry and Warwickshire NHS Trust acknowledged their liability for the error and an apology was issued to Frank´s family. An undisclosed five-figure settlement was agreed between solicitors representing the family and the hospital in respect of the family cancer misdiagnosis compensation claim.

Negligence Claims Involving NHS Leading to Concern

Posted on: January 17th, 2013

The Chief Executive of the Medical Defence Union has highlighted fears that settlements of NHS medical negligence claims are reaching out of control levels and becoming unsustainable.

Talking on the BBC´s “Today” program, Christine Tomkins stated that the worth of compensation claims against the NHS being presently being settled is increasing faster than society´s ability to meet th cost of them. “Money is pouring out of the NHS to set up one-patient institutions” she stated “when it could be retained in the NHS.”

In her statement Ms Tomkins said that legislation first drafted in 1948 – the Law Reform (Personal Injuries) Act – does not account got care provision available from the NHS for those who sustain a catastrophic injury and settlements of medical negligence claims against the NHS are therefore estimated on how much it would cost to provide care for the injured victim on a private basis.

On the TV program, she used the example of the case of Charlie Scott, who was diagnosed with spastic quadriplegic hemiplegic atheloid cerebral palsy after suffering brain damaged during birth, and whose mother recently was successful in her 14-year legal contest with the Royal Bournemouth and Christchurch Hospitals NHS Trust.

The medical negligence at birth compensation settlement of £7.1 million, Ms Tomkins alleged, would be much lower if those calculating the value of compensation in NHS negligence claims could take in to account the care available on the NHS. Ms Tomkins said that the NHS Litigation Authority has periodic payment liabilities of £18bn – enough to pay the yearly running costs of a dozen large hospitals used for teaching purposes.

Charlie Scott´s mother, Clare, was also asked to speak on the radio program. She recognised that some of the care and equipment from which Charlie will now find benefit could be provided by the NHS, but she advised presenter Justin Webb that Charlie will not have to wait for social services assessments any longer before being provided with the care he requires. Mrs Scott went on to say that the size and structure of the compensation settlement enables the security of 24-hour care for her son when she, or the NHS, would not be able to provide it.

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.”

Birth Injury Compensation after 20 Year Wait

Posted on: October 14th, 2011

An unnamed twenty-year-old man, who suffered acute brain damage due to oxygen starvation during his mother’s labour, has had a birth injury compensation settlement of 1.25 million pounds approved in the High Court.

Mr Justice Foskett was told how the man, who was suing through his parents, had suffered the injury at the Princess Alexandra Hospital in Harlow due to medical staff’s delay in performing a caesarean delivery.

The court was told how the unnamed man has the mind of a young child, experiences difficulty walking and requires constant care and attention.

The Princess Alexandra Hospital agreed the award without admitting liability

Negligence Compensation Claim Approved for Disabled Teenager

Posted on: October 12th, 2011

A teenage girl, who was left paralysed by a spinal surgeon´s negligence, has had a multi-million pounds medical negligence compensation claim settlement approved by the High Court in London.

Laura May (17) of Chorley, Lancashire, was taken to the Royal Preston Hospital in March 2005 for an operation to correct a curvature of her spine. However, her orthopaedic surgeon – Dr Roger Battersby Smith – failed to use an imaging technique before operating, and negligently misplaced a screw during the operation.

As a result of the doctor’s negligence, Laura lost the use of her limbs and is paralysed from the chest down.

After taking legal advice, Laura´s parents – Bill and Christine May – sued Dr Smith and the Lancashire Teaching Hospitals NHS Foundation Trust for doctor injury compensation and, in 2009, the Royal Court of Justice ruled in favour of Laura and her family.

The High Court in London has now approved an agreed settlement which will comprise of a lump sum payment now and periodic payments throughout Laura´s life. The total compensation award – which is believed to be around 3 million pounds – will provide medical care, specialised accommodation and equipment for Laura, as well as compensating her for future loss of earnings.