CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS

Earlier this year 75% of junior Doctors voted in favour of walking out of their jobs and taking strike action. A question at the forefront of many people’s minds will be: Did the junior Doctors’ strikes mean that the quality of the NHS treatment deteriorated? Many officials believe that this is a definite possibility.

Patients Suffer For Workers’ Rights

During the month of January 2016, Doctors’ strikes saw significant absences of Doctors, excluding those in the emergency departments. This happened again in February. These repeated times of withdrawal of resources does not only have an impact on lawmakers, but more importantly means that those who need the service the most lose out on essential care.

When junior Doctors strike, even for a day, this could mean that thousands of patients across the UK are unable to be seen for their scheduled appointments. These appointments need to be made for another date and with the NHS already running behind schedule and beyond full capacity in many areas of the country, this can only be bad news. Patients who are recovering from illnesses or surgery and who are not seen in a timely manner may need to be readmitted. During the strikes, the NHS saw an increase of 6.5% in the rate of readmissions.

Negligence Claims Increasing

Following the decline of the service created by the junior Doctors’ strikes, several patients have started to come forward with complaints about the way in which their medical needs have been handled — or rather have not been. As the NHS has a duty of care to its patients, it is unsurprising that there has been a dramatic increase in the number of patients submitting claims for medical negligence against the service.

Many argue, however, that the junior Doctors’ strikes were highly important for the workers in the NHS. Many Doctors already work long hours with few breaks and unsocial shift patterns but further demands were being placed on NHS staff to work even longer hours and to take pay cuts.

It has been observed in other countries that patients are less likely to attend a hospital or medical centre where strike action has taken place. This is generally down to a breakdown in trust between professionals and their patients. Whilst the NHS may be a valuable resource for patients all around the UK, a decline in the service and a loss of trust from its patients could cause serious problems in the NHS.

Bullying of Staff in Liverpool-based NHS Trust

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An investigation of the Liverpool Community Health NHS Trust uncovered some shocking findings. Since 2011, there is mounting evidence of medical failure throughout the Trust. This is more than likely due to the oppressive culture of the Liverpool based trust.

During the investigation, one patient revealed that his lung cancer had not been detected by the trust for 4 months. With a case as serious as this, an early diagnosis is essential and the blunder allowed the cancer to progress further than it should have been allowed to.

A statement released by the Trust highlighted that they are now making improvements and have expressed their apologies for not following up on these problems. A number of staff from the Trust are revealed to be under investigation following allegations of medical negligence.

Worrying Cases of Staff Abuse

As with many trusts around the country, the Liverpool based Trust provides health services to hundreds of thousands of patients in the area. This health care is provided both at clinics and at the patients’ homes.

During the investigation of the Trust, it was found that there were serious concerns around understaffing and due to the low staff numbers, the workers in the Trust were often subjected to bullying and harassment by patients and their relatives caused by mounting strains on the services.

In 2013, one particular attack saw a member of staff taken hostage by a family member of a patient. The incident was not investigated fully by the trust at the time.

At the centre of the problems, there did not seem to be a clear staffing structure at the Trust and as a result, the management and leadership had disintegrated. The lack of leadership and investigation skills led to a failure to understand the statistics of the deaths that had occurred under the care of the Trust and a lack of understanding of how the deaths had been caused.

The Trust had also failed to investigate the comments of its own workforce, as well as failing to monitor and improve the in-patient healthcare services. These problems caused the Trust to receive two warnings in January 2014 from the Care Quality Commission (CQC).

Changes Have Been Made

The Trust’s new chief executive, Sue Page has expressed some concern after speaking to staff when she took up her position. She said that it was clear that workers at the Trust knew that things were very wrong. They had become hurt by the way in which the Trust had operated and on behalf of the NHS, she has apologised to the staff for the treatment they had received up to that point.

A public inquiry has been opened to look closely at the Trust. The report suggested that the new management team that has been appointed at the Trust were making the necessary changes to take the organisation forward and to improve the way the Trust operates. The report also recommended for the Trust to attempt to speed up the rate of the change for the staff and patients connected with the organisation.

If you believe you or a family member has suffered as a result of medical negligence please contact us today.

Wills and Probate – Solicitors Negligence Claims

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When drafting a Will or dealing with Probate, it is essential that things are done correctly, thoroughly and professionally.  Solicitors and Probate Lawyers have a duty of care to deal with Wills, Trusts and Estates in a competent manner. This can be a sensitive area of law and sometimes emotions run high when dealing with family Wills and Probate related matters. It is therefore important that clients receive calm, thorough advice that best serves their individual needs.

There are many things that a Solicitor/Lawyer might be asked to deal with, including the distribution of estates and looking at ways of cutting down on the amount of inheritance tax to be paid.  Additionally, they could be asked to put in place a Power of Attorney so that if a client becomes incapacitated for any reason, legal dealings will be less complex and further costs kept under control. Upon death, it may be their duty to deal with and distribute assets.

All of these things sound quite straightforward, but unfortunately, mistakes and errors can creep in which may result in a claim in negligence.

Some examples are this are:

  • A Will might be drawn without the Solicitor realising that the client is suffering from dementia or some similar illness which makes them not of sound mind.
  • Alternatively, the Will may not be written correctly or the Will might not be signed and executed as it should be potentially rendering it invalid.
  • The deceased’s wishes may not have been properly recorded or taken into account when the Will has been drafted leading to disappointed beneficiaries (people who would/should have benefited from the Will but didn’t).
  • Inheritance tax may not have been correctly calculated or even taken into account.

How to go forward

If you have been involved in dealing with a Will or Probate and you feel that dealings were not dealt with correctly or professionally, you may be able to make a claim in negligence.  The first thing to do is to contact a claims specialist who is used to dealing with these types of cases and who will understand the complexities of the matter.

If we consider you have a claim we will then need to obtain the file of papers from your Solicitors or advisors. We will then need to carefully check everything out and advise you whether we can proceed with the claim on a ‘No win, No fee basis.

Negligence has to be proven

The main gist of the procedure will be to prove that the standard of service provided by the Solicitor fell below that of a reasonably competent Solicitor and that the negligence caused you to sustain a loss either financially or in some other way i.e. losing a chance.

Disappointed Beneficiaries

We maybe also be able to assist you to pursue a claim against a Solicitor if you are a disappointed beneficiary of an estate and as a result of negligent Will preparation and drafting you did not inherit what you were supposed to.

Funding and time limits

When thinking of pursuing a Solicitors negligence claim one of the main concerns that people have is funding, who is going to pay for the legal fees. You may be pleased to hear that if we deem your claim to have a reasonable prospect of success, normally that means that we think that there’s at least a 51% change of your being successful we will offer our services on a No win, No fee basis. However we must advise you that we may only be able to assess the prospects of your claim once we have received and reviewed your previous Solicitor’s file to determine that negligence has actually occurred. We would then explain to you and pursue your claim on a ‘No win, No fee’ basis.

A Conditional Fee Agreement (CFA) is another word for a No Win No Fee agreement. Under a CFA a Solicitor will take on your claim, and if they are not successful in achieving a settlement you won’t be charged a penny. In the event that they win your claim and compensation is awarded, your Solicitors will recover your legal costs from the negligent party’s insurers. This means that you can safely pursue your claim in the knowledge that you will not be left with a hefty legal bill to pay.

As with all cases of negligence where compensation is concerned, you should get expert help as quickly as possible after the event has occured.  This is because time limits do apply and the more time your Solicitor has to work on the case, the better your chances will be of receiving a positive outcome.

BLD — The Specialists in Professional and Solicitor Negligence

Beenletdown are established specialist Solicitors in the area of Solicitor’s negligence claims. Contact us, either through our website, or our Freephone number and we’ll take down the details of your  claim and let you know whether you have a claim which we are able to investigate on a No win, No fee basis. You’ll be dealing with an experienced Solicitor from the moment you contact us, and all initial enquiries are free of charge and at no obligation for you to proceed. What’s more our extensive experience and knowledge in this area means that we can beat the success fees offered by less specialist practices, meaning you’ll keep more of your compensation.

Contact us today and we will help you get the compensation you deserve.

Can I sue my Solicitor?

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When your Solicitor has been negligent and they have caused you to suffer loss or damage, it’s natural to want to make a complaint. But can you make a claim for Compensation? The answer is yes. Even professionals with experience can make mistakes for whatever reason and if this results in financial loss or a loss of chance, you may have the right to claim. All Solicitors and Barristers have a duty to carry Professional Indemnity insurance and this means that if you can prove that there has been a breach of duty and that breach has caused you a loss, you may receive damages.

It can seem quite intimidating to try to sue a Solicitor or Barrister who is well-versed in law, but there are many situations in which you are owed a job well done. Solicitors and Barristers have a professional duty of care to you to ensure that minimum standards are kept to. The very existence of professional indemnity insurance for legal professionals demonstrates that they can get it wrong.

If you were given any professional advice which was wrong, or your Solicitor failed to adhere court directions/ time limits, a professional negligence Solicitor will be able to help you.

There is a technical difference between professional negligence and an inadequate/poor service levels, although the latter can easily turn into the former. Delays due to your Solicitor would classify as inadequate service, and you may be best contacting the Legal Ombudsman to investigate your claim if this is the case. If the delays went on so long that a time limit was missed, it would then fall under the category of negligence. Negligence or inadequate service could include:

– Suing the wrong party
– Failing to serve notice on time
– Failure to draft a Will properly
– Missing a court date
– Negligence relating to a conveyancing transaction
– Causing your claim to be stuck out at Court
– Undersetting a personal injury claim or missing losses on your behalf

There are many other examples for negligence and the above is just of few of the common ones which we come across frequently.

If you consider that your Solicitor has been negligent is to speak to a Professional negligence Solicitor, who will be able to give you some initial advice on whether you have a case. If you have a case then the Professional Negligence Solicitor will make a request to the negligent Solicitor for your file of papers, so the file can be reviewed. You could also make a complaint to the negligent Solicitor but we would urge you to contact us before you put pen to paper.

In some professional negligence claims the process calls for expert evidence to be obtained and used in support of the claim. In cases involving suing a Solicitor this generally won’t be necessary as the Judge will themselves be a Barrister or Solicitor and therefore should have the sufficient knowledge of the issues in question. Only in exceptional circumstances will expert opinion be required.

In order to take a Solicitor or Barrister to court for negligence you will need a specialist professional negligence Solicitor, a Solicitor with a good all-round knowledge of the issues.

If you have been given substandard advice or lost out on time or money due to inadequacy and negligence on the part of your Solicitor, you should seriously consider taking action against them in order to get what you deserve.

Role of the Legal Ombudsman

Poor customer service levels and lack of communication can often be considered as negligence. Generally this is not negligence, although is some circumstances it could be. If you are unsure please contact us. If your case is ongoing and you are concerned about the way in which it is being handled you can choose to approach the Legal Ombudsman who will investigate your allegations and contact your Solicitor. After the investigation they may be able to directly award you compensation, but their powers to award compensation are very limited so you should contact us if you think you have a claim in Negligence. You can find the details to contact the Legal Ombudsman here.

Solicitors’ Negligence Claims – A Brief Guide

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Most people, during their lives, require the services of a Solicitor. Whether it be for the drafting of a Will, a matrimonial/family matter, business related matters, ratifying contracts, a personal injury claim, conveyancing etc, we will all, on occasion, need to rely on the professionalism, knowledge and expertise of these highly trained legal advisors. In the UK, the legal profession is regulated by the Solicitors Regulation Authority (SRA), whose job it is to ensure that Solicitors uphold their duties in accordance with the Solicitors Code of Conduct. Solicitors have a duty of care to act in the best interests of their clients.

However, as with all areas of life, there will be times when the service or advice provided by a legal professional falls below what would reasonably be expected, and a client may suffer damage, or sustains a loss as a direct result. It may be that deadlines were missed, administrative errors were made or incorrect/out of date advice was given.

When these types of mistakes occur, they can result in clients losing substantial sums of money, a loss of chance, wastage of time and untold stress and emotional strain, not to mention wasted legal costs. If you think that you have experienced the kind of situation described above, then you may need to consider making a professional negligence claim against your Solicitor.

BeenLetDown – Professional Negligence Solicitors is a trading style of national law firm Armstrong Solicitors. We are a law firm which specialises in cases of Solicitors’ professional negligence; we will be able to help determine whether you have grounds for a valid claim of Solicitor negligence. Furthermore you may be surprised to learn that we will be prepared to represent you on a No Win No Fee basis, meaning peace of mind and freedom from financial risk for you, the client.

Examples of possible grounds for Solicitor negligence:

  • Missed Limitation dates – These are time limits during which legal proceedings must be commenced.
  • Mistakes or errors in drafting a will.
  • Bad advice on the title or ownership of a property or properties.
  • Failing to advise on whether or not a commercial lease is a secure tenancy (this is important as it can provide protection from eviction).
  • Failure to advise about planning permissions or building regulations.
  • Under-settling a Personal Injury Claim and associated losses, or missing out important losses on your behalf.
  • Failure to comply with Court directions and/or having your claim struck out.
  • Failure to secure the witnesses needed to support your civil or criminal claim.
  • Failure to act in a proper manner leading to you having to pay Solicitors costs or other disbursements or Court fees. This could result in a CCJ against you or Bailiffs attending your property.
  • Suing the wrong party — owing to the extremely complicated nature of many legal proceedings this is actually much more commonplace than you might expect.

These are just a few examples of the more common errors of Solicitor negligence which we come across, but of course this is by no means a comprehensive list. If you have any reason at all to think that you may have not received the level of service you should have from a Solicitor, and you think mistakes have been made, you should seek advice from a professional straight away.

Funding

When thinking of pursuing a Solicitors’ negligence claim one of the main concerns that people have is funding, who is going to pay for the legal fees. You may be pleased to hear that if we deem your claim to have a reasonable prospect of success, normally that means that we think that there’s at least a 51% chance of you being successful, we will offer our services on a No win, No fee basis. However we must advise you that we may only be able to assess the prospects of your claim once we have received and reviewed your previous Solicitor’s file to determine that negligence has actually occurred. We would then advise you and look to pursue your claim on a ‘No win, No fee’ basis

A Conditional Fee Agreements (CFA) is another word for a No Win No Fee agreement. Under a CFA a Solicitor will take on your claim, and if they are not successful in winning your case, you won’t be charged a penny. In the event that they win your claim, and compensation is awarded, our Solicitors will recover your legal costs from the negligent party’s insurers. This means that you can safely pursue your claim in the knowledge that you will not be left with a hefty legal bill to pay if you are unsuccessful. And of course a Solicitor is only likely to take on your claim in the first place if they can see it has a reasonable/to good chance of success.

BLD – The Specialists in Professional and Solicitor Negligence

BeenLetDown are established, specialist Solicitors in the area of Solicitor negligence claims. Contact us either through our website or our Freephone number and we’ll take down the details of your  claim and let you know whether you have a claim which we are able to investigate on a No win, No fee basis. You’ll be dealing with an experienced Solicitor from the moment you contact us, and all initial enquiries are free of charge and at no obligation for you to proceed. What’s more our extensive experience and knowledge in this area means that we can beat the success fees offered by less specialist practices, meaning you’ll keep more of your compensation.

Contact us today and we will help you get the compensation you deserve.

“Never Events” and the NHS

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At a time when the NHS is facing challenges with Government funding cuts and an ageing population, public support for this great institution is running high. Yet with 308 ‘never events’ taking place in England between 1 April 2014 and 31 March 2015, more still needs to be done to prevent them.

A ‘never event’ is a serious but largely preventable incident which affects the health and wellbeing of the patient. The ‘never event’ could have been avoided had the proper procedures and guidelines been followed and the task have been carried out in accordance with health and safety guidelines.

According to the NHS England guidelines there are 25 categories that constitute a ‘never event’ . These include the retention of foreign object post procedure or wrongly prepared high-risk injectable medication. The most common of these ‘never events’ is wrong site surgery, where surgery was carried out on the wrong limb, wrong organ or even the wrong patient. This grossly negligent practice occurred a staggering 126 times between April of last year and March of this year.

If a ‘never event’ occurs the hospital and/or NHS trust will find it very difficult to defend any claim submitted, it is highly likely that the NHS trust will admit liability/beach of duty in the claim. However it’s important to note that even if breach of duty is conceded you as a Claimant must still prove causation, this is where our specialist knowledge and guidance can assist.

Statistics released by NHS England last month show these types of catastrophic incidents are occurring in hospitals all over England, with Colchester Hospital University NHS Foundation Trust topping the tables. A staggering nine have taken place at the Trust including one “wrong implant”, five counts of items being left inside a patient’s body, and three separate “wrong site” surgeries.

Other top scorers on the ‘never event’ wall of shame include Kings College Hospital NHS Foundation Trust and Mid Essex Hospital Services NHS Trust, with eight and seven respectively. Katherine Murphy, Chief Executive of the Patients Association, condemned the “utterly unacceptable” results.

“Incidents of “wrong site surgery” and “retained foreign objects” are utterly unacceptable and pose a huge risk to patient safety,” she told BBC News. “A visit to hospital can be highly stressful at the best of times and at the very least, patients deserve to be treated in a safe, regulated environment.”

The NHS as a whole and individual staff are said to be doing their best to bring these figures down. (Over the same period the previous year there were 338 ‘never events’ incidents so standards are improving). However, more needs to be done by the Government and all who work within the NHS to ensure that ‘never’ does indeed mean ‘never’.

Making a Claim

Have you or someone you know been affected by a ‘never event’?
With Beenletdown as your Solicitor it’s easy to find out if you may be entitled to compensation. Our friendly Solicitors will discuss your claim with you free of charge. Just contact us by the Freephone telephone or via the simple initial contact claim form on our website. You will be called back promptly by one of our highly experienced Solicitors to discuss your situation further.

Unlike other legal firms, with us you will be speaking to an actual Solicitor from day one, although all initial consultations will of course be free and at no obligation to yourself. We will listen sensitively to the details of your claim, and if we decide that you have a good case in negligence with a reasonable chance of success, then we most likely offer to pursue your claim for you on a No Win, No Fee basis.

It’s best not to hold back in getting the advice you need, all medical negligence claims have time limits in which proceedings must be commenced. So you have nothing to lose in contacting us, and you have no obligation to proceed. Get in contact today and find out if you can claim for compensation.

Sources:

http://www.nationalhealthexecutive.com
http://www.bbc.co.uk

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Misdiagnosed Cancer Claims

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Misdiagnosis (or late diagnosis) of cancer is a serious issue. The potential implications are of course severe and could lead to premature death and/or shortened life expectancy. This in turn can result in financial hardship, the missed opportunity of essential treatments, undergoing unnecessary treatments, and in extreme cases even risk of death. That’s why it’s important that if you have suffered such a misdiagnosis you deserve to be compensated.

With such a serious and chronic illness as cancer, the potential for misdiagnosis is real and can occur at several different stages of treatment. Below is a brief, but by no means exhaustive, list of ways in which diagnostic errors can occur:

Incorrect Diagnosis Also termed misdiagnosis, this occurs when a Doctor or other medical professional misidentifies the cancer symptoms as symptoms of some other (usually less serious) medical complaint.

Missed Diagnosis A Doctor gives a patient a completely clean bill of health when in fact there are symptoms that should have been identified, but were totally missed.

Delayed Diagnosis A medical practitioner eventually makes the correct diagnosis of cancer but where the diagnosis should have been made sooner. This can result in a patient missing vital treatment that may have improved the condition or even saved their life. Delayed or late diagnosis is one of the more common forms of diagnostic error by medical professionals.

Failure to recognise medical complications A Doctor makes a correct diagnosis, but fails to identify medical complications or factors which aggravate the patient’s condition.

Failure to identify a related disease, illness or condition In this instance a Doctor successfully diagnoses the patient with Cancer, but misses a disease, illness or condition that is known to often accompany the primary condition, or that has a higher risk of incidence among patients with the primary condition.

In addition to the above general areas of potential negligence, there are also any number of occasions during the often long cancer treatment process, at which misinterpretation or mis-analysis of tests or medical investigations can occur. These might include such things as scans, X-rays, ultrasound or other tests being misinterpreted. Samples of tissues, smears, biopsies for example can be misread. Alternatively, it may be the case that required examinations may not have been carried out.

It’s clear from the above that treatment of such a complex and serious an illness as Cancer presents a potential for things to go wrong. Thankfully medical staff are extremely dedicated and highly trained professionals, however with the best will in the world things can go wrong and mistakes can occur. This is exactly why Doctors and the NHS are professionally insured, and the body such as the NHSLA exists, to deal with claims where Doctors have simply got it wrong.

Do I have a Case?

If you think you have experienced any of the above, or you have any other similar concerns then you may have a valid case in negligence. In that case it’s time to find a specialist Solicitor to assess your situation and provide you with advice.

What you need to establish?

In order to prove negligence, a Solicitor will need to establish the following:

Breach of Duty Was your Doctor at fault to the extent that they did not provide you with the expected and required level of care in dealing with a serious illness such as cancer?

Causation Did you suffer actual harm, injury or loss as a direct result of this lack of care? 

Time limits to bring a claim

It is important to understand that medical negligence claims are subject to certain time limits to bring a claim. There is a legal time limit by which any medical negligence compensation claim must be commenced. This is usually within three years of the injury or harm having occurred. There are also instances where you are able to bring a claim from the date you acquire knowledge that negligence has occurred (usually when you are told the reason for a symptoms and condition and you weren’t aware). However, limitation in bringing a medical negligence claim is something that you should seek advice on from a Specialist Solicitors. Different rules on time limits also apply to children and protected parties, as they get longer to bring a claim.

Medical negligence claims can feel complex or difficult to a client, but thankfully there are Solicitors available that specialise in winning medical negligence claims, to which such claims are easily dealt with. Beenletdown.co.uk is a specialist division of national law firm, Armstrong Solicitors. We have many years’ experience and a vast body of specialist knowledge that means we are the best people to help you get the compensation you deserve.

Funding and making a Claim

With BeenLetDown as your Solicitors it’s easy to find out if you are able to seek compensation for negligence. Our friendly and experienced Solicitors will discuss your claim with you free of charge. Just contact us on the Freephone telephone or via the simple initial contact claim form on our website. You will be called back promptly by one of our highly experienced Solicitors to discuss your claim further.

Unlike many other legal firms, with us you will be speaking to a Solicitor from day one, although all initial consultations will of course be free and at no obligation to yourself. We will listen sensitively to the details of your claim, and if we advise that you have a case in negligence with a reasonable chance of success, then we will deal with your claim for you on a No Win, No Fee basis.

We also guarantee that you will keep the maximum amount of compensation; we do not deduct success fees from your damages unlike many other law firms.

It is best not to delay in getting the advice you need, you have nothing to lose in contacting us, all calls are no obligation to proceed. Get in contact today and find out if you can claim for compensation.

Can I sue a Cosmetic Surgeon for Negligence?

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A claim against a Cosmetic Surgeon is no different to any other claim made against a medical professional for example a Doctor working for the NHS. Like any other Doctor, Nurse or medical practitioner, Cosmetic Surgeons have a duty of care to their patients. The duty of care extends to every step of the process, from first evaluation to aftercare.

In addition to the general duty of care owed by the Doctor/Surgeon to the patient, there is also likely to be a contract of service between you the patient, and the hospital or Surgeon undertaking the procedure.

Therefore not only does the Doctor/Surgeon have a duty of care to you in the negligence sense, they may also have a contractual duty to you to perform the surgery with care and skill.

Some forms of medical neglect occur before any cut is ever made. Your Surgeon has a duty to make sure that you aware of any potential side effects or complications, and discuss any alternative procedures that may be better. This is sometimes called informed consent. There should also be a cooling off period between the initial consultation and the procedure; they should not be done on the same day.

Your Surgeon is legally obliged to discuss with you the ‘pros’ and ‘cons’ of any cosmetic procedure and allow you time to make an educated decision yourself without any pressure. If you realise later on that you weren’t given this period to decide, the Surgeon could be in breach of the contractual terms and conditions, and you may have the potential to pursue a claim.

Sometimes mistakes are made after the surgery while the patient is recovering. This may include things like failing to act on an infection. While contracting an infection may not be as a result of any negligence or malpractice, failure to notice the signs can constitute such.

What kind of complications can arise?

Some of the most commonly undertaken procedures are the ones most likely to produce complications. This includes reduction surgery such as tummy tucks or rhinoplasty, as well as breast augmentation, cosmetic Dentistry and liposuction.

All surgery has some form of risk, but medical negligence is different — it applies to poor standards of surgery, defective implants or tools and damage to nerves, arteries and organs. If you have made an informed decision about surgery and something goes wrong due to improper procedures or mistakes, the burden is upon the professional to show that they have procedures in place to minimise the risk to the patient.

Improper aftercare is also a form of negligence, so if you weren’t given proper instructions on how to treat your wounds you may have a claim.

Whilst being unhappy with the results of the surgery is not necessarily the same as having been a victim of medical negligence, our Solicitors are happy to discuss the facts of your case with you to see if we think you have a claim.  All surgeries come with inherent risks, meaning that things can happen which make the surgery unsuccessful or not as successful as you would have hoped. If however you are unsure about this, it’s always worth contacting one of our Solicitors to discuss your concerns and any potential claim.

How could it affect me?

Incidences of Negligence in Cosmetic Surgery often doesn’t affect health in any kind of serious way; patients are normally disappointed with the cosmetic result post-surgery. However there are instances where the surgery/procedure can cause harm, injury and sometimes long term damage. An unnoticed infection left to spread could cause the loss of limbs, or nerve damage could affect the patient’s movement for the rest of their lives. However cosmetic damage is a legitimate cause for concern as you could be left badly scarred, having to take out corrective procedures.

It is much more difficult to quantify the psychological damage you may have suffered. For instance, the negligence may not prevent you from physically working but severe scarring could prevent you psychologically from going to work and being seen.

Luckily, many medical negligence cases are simple to prove. But if your case is complex and may require the testimony of medical professionals, it could take some time.

Making a Claim

With Beenletdown as your Solicitors it’s easy to find out if you may be entitled to compensation. Our friendly Solicitors will discuss your claim with you free of charge. Just contact us using the freephone telephone or via the simple initial contact claim form on our website. You will be called back promptly by one of our highly experienced Solicitors to discuss your situation further.

Unlike other legal firms, you will be able to discuss your claim with a qualified Solicitor, not just a call centre employee or unqualified person. All initial consultations will of course be free and at no obligation to you. We will listen sensitively to the details of your claim, and if we decide that you have a good case of negligence, with a reasonable chance of success, then we most likely offer to pursue your claim for you on a No Win, No Fee basis.

We also guarantee that you will keep the maximum compensation; we do not deduct success fees from your damages. Most firms charge their clients considerable success fees for these types of claims which can mean your compensation is reduced by up to 25%. On a £100,000 claim, this would mean you would only receive £75,000. This firm will not charge you a success fee and you will receive your compensation in full with no deduction of success fee.

It’s best not to delay in getting the advice you need as all cosmetic surgery negligence claims have time limits in which proceedings must be commenced. You have nothing to lose in contacting us; all calls are no obligation. Contact us today and find out if you can claim for compensation.

Is it possible to sue the NHS for negligence?

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The simple answer is yes. A lot of people are put off making claims against the NHS as they think it might be daunting or difficult. It is neither of these things with the assistance of an experienced knowledgeable Solicitor like we have here at Beenletdown.

There are a few important factors to consider before making a medical negligence claim. The most important thing is to establish whether your circumstances and the medical issue you’ve experienced are actual grounds for a negligence claim, or simply for a complaint.

The NHS has well established complaints procedures that are designed to resolve issues quickly and efficiently, and to identify faults in procedures and thereafter make recommendations to put them right. All NHS complaints are dealt with by the NHS Patient Advice and Liaison Service (PALS). PALS charter is not responsible for disciplining or dismissing medical practitioners, or for deciding upon or awarding compensation.

If your issue is more about being dissatisfied with general procedures and you are looking to highlight issues for improvement, then the PALS procedure is probably the best route for you.
However if you believe that you have suffered injury, pain or loss due to a specific act of a medical practitioner or the general level of care received, and you believe that you deserve compensation then you need to seek advice in respect of making a medical negligence claim.

Making your claim

In seeking to establish the validity of any medical negligence claim a Solicitor will be looking to establish two key factors:

1. Was your Doctor, Nurse or medical team at fault to the extent that they did not provide a level of service and care equal to what would be expected of another professional in their field.
2. Did you suffer actual harm, injury or loss as a direct result of this lack of care.

This is sometimes called the Bolam test. It can sometimes be a tricky test to satisfy and a close examination of the facts will be necessary.

Your Solicitor will help you gather evidence to establish whether the above conditions are met. If they think your case meets the above criteria, and that you have a reasonable chance of bringing a successful claim, then they may agree to take on your case on a ‘No Win, No Fee’ basis. We also guarantee that you will receive the maximum compensation and we will not deduct a success fee from your damages, unlike other law firms who generally take 25% of your recovered compensation.

Time Limits to make a claim

One other thing to consider is the Limitation Act 1980. This is essentially a legal time limit which means that a claim must be commenced within 3 years of the injury or harm having occurred. There are exceptions to this rule and limitation is a complex area of law. You should take specific legal advice on this subject, which your Solicitor will be able to provide.

I’m worried about finances. How would I finance my claim?

The bad news is that legal aid funding for medical negligence was withdrawn as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in all but a very limited number of cases involving specific injuries to children during pregnancy, birth and the initial post-natal period.

The good news is that there are medical negligence Solicitors who take on cases on a No Win, No Fee basis. Such claims are usually taken on under what’s called a Conditional Fee Agreement, or CFA. This just means that if the claim is not successful, the Solicitor will not charge a fee. In the event of a successful claim a Success Fee would normally be charged. The success fee would be a percentage of the final compensation awarded and would usually result in a deduction from your damages.

However at Beenletdown, we guarantee that you will keep the maximum compensation as we do not deduct success fees from your damages in cases against the NHS. Most firms charge their clients considerable success fees for these types of claims which can mean your compensation is reduced by up to 25%. On a £100,000 claim, this would mean you would only receive £75,000. This firm will not charge you a success fee and you will receive your compensation in full with no deduction of success fee.

There are also other financial considerations to be made that your Solicitor should advise you of, such as whether you will need ATE Insurance. In some cases a claimant would actually be liable to pay the defendants costs in the event of an unsuccessful claim, and further you may also need protection to cover you for the cost of obtaining experts reports should you lose your case. ATE Insurance covers your costs in these circumstances, ensuring that you are not left in a difficult financial predicament.

BLD — Specialist Professional and Medical Negligence Solicitors

At Beenletdown.co.uk (BLD for short), we have a proven track record of many years of winning medical negligence claims for our clients. Due to our experience and the specialist knowledge we have accumulated in this field, we know that we can beat the terms offered for Success fees with other legal firms and ATE Insurance by other Solicitors. What’s more, unlike with many other legal firms in this field, at BLD you will always be speaking to an experienced Solicitor from the very first day. We will listen sensitively to the details of your circumstances, and advise on whether we think you have grounds for a claim with at least a reasonable chance of success.

If we determine that you do, then we will most likely offer to take on your claim on a No Win No Fee Basis. Just give us a call on our Freephone number or fill in our quick initial claim form on our website. One of our experienced Solicitors will call you back promptly do discuss your case further. All initial consultations are free and on a no obligation basis. Contact us and let us help you get the compensation that you deserve.

A Solicitor’s Failure to Comply With Court Orders

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In some cases, clients who have made a claim and been represented by a Solicitor, have been let down by their Solicitors, often because the Solicitor have failed to comply with court orders. If this happens, a client should be aware of the potential consequences and what action they can take.

The Civil Procedure Rules were amended in 2013, and imposed a strict approach to compliance with court orders in order to ensure that litigation is efficiently dealt with. Failing to comply with a Court order can result in your claim being struck out, your losses being unrecoverable, and an order for costs being made against you. There are a number of ways in which a Solicitor may be negligent in the context of non-compliance of a court order.

The three most common failings that occur are:

– Failing to file or to serve documents within the time arranged by the court, including documents such as a Claim form or Particulars of Claim, witness statements or documents in support of your losses;

– Failing to comply to a court order which requires certain action by a specified date;

– Failing to pay any court fees on time.

The potential consequences for failing to comply can range in severity, from a cost order being made against you personally (including a CCJ being registered against you) to your claim being struck out by the Court, resulting in your losses being unrecoverable.

The Court will usually take such a step when it finds that the failure to comply with the Court’s order was without good reason, or that the explanation given by a Solicitor is not satisfactory.

When a case is struck out by the court, your Solicitor should advise you as to the right and likelihood of success of appealing against that decision. Sometimes, even where the matter is appealed, the Court can uphold a decision to strike out a claim.

Any decision by the Court to strike out your claim will almost certainly include an order for costs being made. An order for costs is a financial penalty against you, and can result in a CCJ being registered against your name. Furthermore, you will be prevented from making a claim for losses.

In cases where the strike out is as a result of the Solicitor’s failing or negligence, it is possible to bring a claim against your Solicitor for your losses as originally claimed, plus any additional costs ordered against you.

It is not unusual for clients to sue their Solicitor, and indeed all Solicitors are obliged by the Solicitor’s Regulatory Authority to hold insurance to deal with any claims made by clients in negligence. Therefore should you have a successful claim against a Solicitor you will always be paid.

The good news is that here at BeenLetDown we are happy to accept claims in Professional Negligence on a No Win, No Fee basis. Such claims are usually taken on under what’s called a Conditional Fee Agreement, or CFA.

This just means that if the claim is not successful then we will not charge you any fees. In the event of a successful claim a Success Fee would be charged. The success fee would be a percentage of the final compensation awarded. This percentage would have been previously agreed upon within the terms of the CFA.

There are also other financial considerations to be made that your Solicitor should advise you of, such as whether you will need ATE Insurance. ATE insurance allows a Claimant peace of mind that they will not be liable for any fees of the other side, should the claims be unsuccessful.

BLD — Specialist Professional and Medical Negligence Solicitors

At beenletdown.co.uk (BLD for short), we have a proven track record of success in dealing with claims against Solicitors for our clients. Due to our experience and the specialist knowledge we have accumulated in this field, we know that we can better the terms offered for Success fees by other legal firms and ATE Insurance by other Solicitors. What’s more, unlike with many other legal firms in this field, at BLD you will always be speaking to an Experienced Solicitor from day one. We will listen sensitively to the details of your circumstances, and advise on whether we think you have potential grounds for a claim with at least a reasonable chance of success.

If we determine that you do, then we will act in respect of your claim on a No Win No Fee Basis.

Just give us a call on our Freephone number or fill in our quick initial claim form on our website. One of our experienced Solicitors will call you back promptly to discuss your case further. All initial consultations are Free and on a No Obligation Basis. Contact us and let us help you get the compensation that you deserve.