CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS

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 you should 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 in 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.

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% chance of your claim 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 occurred.  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.

A Guide to Understanding When Medical Negligence has Occurred

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Here in the UK we are fortunate in having one of the finest and best respected Health Services in the entire world. However as with any field of endeavour sometimes things do go wrong. Of course, when things do go awry with health matters it can be one of the most devastating things that can happen to any of us. The effects can be severe and far reaching, and not just physically but also emotionally and financially.

The good news is that there are a great many services, procedures and professional advisors out there to help you get recompense and justice if you have experienced medical negligence. However, the very most important first step is determining whether or not your experience is one of actual negligence, or might fall into a lesser category of grievance such as a complaint or just general bad service.

Has Negligence Occurred?

Defining Medical negligence is a tricky area of law and of medicine. It’s vitally important that you accurately ascertain whether your experience actually falls into the category of negligence, or simply constitutes a matter for complaint. It’s also important to know that medical negligence claims are very different from personal injury claims.

The defining factor of medical negligence is determining first of all that a medical practitioner, whether they be a Doctor, Nurse, consultant or other medical professional has been at fault. Furthermore you must also prove that the fault in question has directly led to you experiencing harm or loss.

A Solicitor specialising in dealing with medical Negligence claims will help you to determine whether your experience satisfies the above criteria. If your Solicitor advises that you have a valid claim for negligence then they may well offer to pursue your claim for you (this can usually be done on a No Win, No Fee basis — more on that later).

Time Limitations

It’s also important to know that there is a legal time limit during which any claim for medical negligence must be made. Usually this time limit means that any claim for medical negligence must be commenced within 3 years of the incident of negligence having occurred (although there are exceptions made for certain cases involving children or people with certain medical conditions).

Even if I Think I Have a Claim for Negligence, What About Financing?

One of the biggest reasons for people being put off from bringing legal claims is worries over finance. This is particularly an issue now as many people are aware of the UK Government’s recent changes to the provision of legal aid. Legal aid has been withdrawn for medical negligence except in some very exceptional cases.

The good news is that there is a viable and virtually risk free alternative to legal aid, in the form of a CFA. The CFA, or Conditional Fee Agreement basically works in a similar way to the No Win, No Fee arrangements that have become popular for personal injury claims.

Under a CFA a Solicitor will agree to take on your case on the basis that no fee will be charged if their claim on your behalf is unsuccessful. If the case is successful then a fee will be charged. The fee will be in the form of a previously agreed upon percentage of any damages or compensation awarded.

Remember we said virtually risk free? It is possible in some cases that a claimant may be liable for the defendant’s costs in the event of an unsuccessful claim. In this instance your Solicitor should offer you ATE, or After The Event insurance. ATE insurance covers you for any costs you may be liable for in the event of an unsuccessful claim.

BLD Medical Negligence Solicitors

After reading the above, if you think you may have a valid claim for negligence you should waste no time in getting in contact with the right people to help. At Been Let Down we have many years’ experience successfully winning medical negligence claims for our clients.

Contact us via our Freephone Number, or through the simple Initial Claim Form on our website beenletdown.co.uk to give us the basics of your case and we will get an experienced Specialist Medical Negligence Solicitor to call you back.

We’ll listen sympathetically to your story and if we think you have a valid and winnable claim we’ll offer to take it on for you under a CFA. Our wealth of experience and knowledge in this area means that we can beat the success fees and ATE insurance terms offered by other less specialist legal firms. As mentioned above, time is a crucial consideration with such cases, so get in touch today and let us help you get the best result possible and the compensation you deserve.

Accountant’s Negligence

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Accountants are highly skilled professionals typically utilised to look after your financial affairs, either personal or business. However, if things do go wrong, don’t think that you just have to accept it. If your Accountant’s actions cause you problems and financial loss due to negligence, you need to think about taking action.

How do you know if your Accountant has been negligent?

Certain criteria apply when considering a case against your Accountant. In order to prove professional negligence, your Solicitor will need to make it clear that the service you were provided with by your Accountant was not provided at a satisfactory level for that of a competent professional. You will need to show that the standard of the Accountant fell below that of a reasonably competent Accountant and that their actions or omissions resulted in you suffering damage and loss.

It will also be necessary for you to prove and show that you suffered loss as a result of your Accountant’s actions. The reasons for the loss can vary; were you given inaccurate tax advice? Did your Accountant fail to identify an issue that later caused problems? Could they have undervalued your company assets? Any circumstances similar to these may contribute towards a claim in negligence.

Do not confuse poor service with negligence – the two are very different.

If you have suffered loss due to the actions of your Accountant, then contact a Solicitor at Been Let Down as soon as possible as time limits will apply.

How will your Solicitor help?

Your Solicitor will have vast knowledge and experience in dealing with negligence claims against professionals. We will begin by taking a history from you to ascertain whether there is any evidence of professional negligence. If there is evidence, then we will need to show that the Accountant’s actions positively contributed towards your loss. If necessary, your Solicitor will employ the services of an expert in Accountancy to give a second opinion.

We will also need to obtain a copy of your papers from your Accountant to evidence the claim and the loss sustained.

Funding and Costs

When thinking of pursuing a 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 hear that if we deem your claim to have a reasonable prospect of success, (normally this means that we think that there’s at least a 51% chance of your claim 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 full papers to determine that negligence has actually occurred.

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 your claim is not successful, you won’t be charged a penny. In the event that you win your claim and compensation is awarded, we will recover your legal costs from the paying party. 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.

BLD — The Specialists in Professional Negligence

Beenletdown are established Professional Negligence Solicitors. You can contact us either via our website or by using our freephone number. We will discuss details of your claim and advise you if we think 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.

Not only do our Solicitors offer extensive experience and knowledge in this area, we can, in most scenarios, better 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.

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 Bond Turner 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 your claim 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.

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, Bond Turner 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.

Clinical Negligence Claims

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Clinical negligence — which is sometimes known as medical negligence — is an unfortunate but not uncommon occurrence in our country. Despite the proficiency of our private and NHS healthcare workers, accidents do happen and when they do you deserve recompense.

It isn’t always necessary to go through the full claim process up to the court proceedings. If you’re more interested in receiving an apology than any cash sum you should simply get in contact with the Doctor or hospital trust that mistreated you. This can help a lot in changing institutional problems and preventing the same thing from happening to anyone else.

However, often the after-effects of negligence can cost the patient money in additional needs and loss of work. If this is the case then they should contact a clinical negligence Lawyer as soon as possible to see if, and how much, they could be able to claim.

How will I know if I have a case?

In the majority of clinical negligence cases you will need to prove two conditions. Firstly, you need to provide evidence that the trust or Doctor in question was directly at fault for your harm as a result of failing to do something or making a mistake no other Doctor would reasonably do.

Secondly, your Lawyer will need to argue that the harm that befell you wouldn’t have happened if it weren’t for this action. If the case should go to court it will be judged on a balanced probability.

Clinical negligence claims are very different to any other kind of personal injury issues, as instead of being decided by a jury the case is assessed by a Judge based on the testimonials of medical professionals. You need to be confident that they’ll testify in your favour.

How do I find a clinical negligence Solicitor?

As we already know, clinical negligence is different from personal injury — this means that any Solicitor you seek out should be specifically trained in the area of clinical and medical negligence.

The cases are very different and require a specific set of skills.

When looking for a Lawyer, you should ask a lot of questions and try to get an understanding of what experience this person has in this area of the law.

Try to find out if they’ve dealt with a case just like yours before, bearing in mind that there are many different facets to medical negligence, especially if children or brain damage are part of the equation.

Make sure the Lawyer makes you feel comfortable and is able to explain your contract fully. This person will be your advocate throughout the process and you need to be confident that they are working in your best interest to resolve the case easily without putting you through any more distress.

Going through a clinical negligence claim is rarely easy but if you go into it well educated and with a trustworthy, experienced Lawyer, you should be able to come out the other side with compensation for the damage done to you and begin to move on.

Cosmetic Surgery Negligence

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Like any other form of Doctor, Nurse or medical practitioner, cosmetic Surgeons have a duty of care to their patients that includes every step of the process from first evaluation to aftercare.

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 and alternative procedures that may be better.

Your Surgeon is legally obliged to discuss with you the pros and cons of this particular procedure and allow you time and space to make an educated decision yourself and without any pressure. If you realise later on that you weren’t given this period to decide the Surgeon is in breach of the law and it will be much easier to seek out compensation if something goes wrong.
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 does constitute as such.

What kind of complications can arise?

Some of the most commonly operated procedures are the ones most likely to produce complications. This includes reducing surgeries 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 them.

Improper aftercare is also a form of negligence, so if you weren’t given proper instructions on how to treat your wounds you will have a strong case. Being unhappy with the results is not the same as having suffered medical negligence.

How could it affect me?

Cosmetic surgery negligence often doesn’t affect health in any kind of serious way, but it can. 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 and having to take out corrective procedures.

It is much more difficult to quantify the psychological damage you may have had. For instance, the negligence may not prevent you from 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 to go through.

If you have suffered as a result of cosmetic or plastic surgery and believe that this only happened due to negligence or malpractice from someone whose care you were in, you should speak with a medical or clinical negligence Lawyer — someone with cosmetic surgery experience if possible.

The legal profession in the UK is highly regulated and Solicitors, Barristers etc. are highly trained and qualified professionals. However mistakes can occur. If these mistakes lead to loss or harm (financial or otherwise), it’s important to know that you have the right to be compensated.

However the thought of suing a Solicitor or other legal professional is more than a difficult prospect for most. As long as your case is a valid case of negligence though, the process is probably more straightforward than you would think, and there are many specialist advisors available to help.
In the UK the legal profession is overseen by the Solicitors’ Regulation Authority (SRA). The SRA exist to ensure standards of service and to help and advise those that feel the service they have received is not up to that standard. To this aim the SRA compile a Solicitor’s Code of Conduct which is available at the SRA website. The code of conduct may be your first port of call in determining if you have a case for Solicitor negligence.
A 100%, set in stone definition of legal negligence is exceedingly hard to come by due to the complexities and variety of situations that may be encountered. All legal professionals though are expected to provide a ‘Duty of Care’ to their clients. This means that if the level of service you’ve received is not up to the standard provided by others in the profession as a whole, or if it did not comply with the SRA’s Code of Conduct, and furthermore that you have suffered loss (financial or otherwise) as a result, then you may have a case for Solicitor negligence.
For our purposes a working definition of legal negligence may be taken as follows:

Negligence: Conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
Some of the more common grounds for Solicitor negligence are listed below:

  • Missed Limitation dates — In many areas of law there are limitation dates. This is a period of time after the event, in which legal proceedings must be commenced in order to be considered by the courts. If your Solicitor’s actions cause this time limit to be missed you may have a claim for negligence.
  • Under-Settling a Personal Injury Claim – When dealing with a client’s personal injury compensation claim a Solicitor must make sure that they provide accurate advice regarding the potential settlement.
  • Suing the wrong party — It might sound unlikely but it is by no means an uncommon occurrence that a Solicitor may issue proceedings against the wrong party.
  • Errors in drafting a will or other contract — You can make a claim against a legal professional if mistakes were made in the process of the drafting of a will, or indeed any other legal contract.
  • Failure to advise about planning permissions or building regulations — Solicitors are often brought in to advise on legal issues around purchases or renovations of properties. If you have been wrongly advised about local planning permissions or building regulations this could be grounds for negligence.

If I Have a Case How do I Finance It?

Most professional negligence Solicitors will pursue cases on what is known as a CFA or Conditional Fee Agreement. This is a No Win No Fee arrangement essentially — if the Solicitor does not succeed with your claim you will be charged no fee. If the Solicitor wins your case you will be charged an amount that is a previously agreed upon percentage of the eventual settlement.

Get Represented!

If you think you may have grounds for a Solicitor negligence claim, the next step is to find a reputable legal firm to represent you. At Been Let Down we have a proven track record of winning such cases over many years. Give us a call on our Freephone number, or fill in the quick form on our website giving us brief details of your situation, and one of our experienced specialist Solicitors will call you back to discuss your case in detail. Our wealth of experience means that we can usually beat the success fees offered by others – meaning that we can give you the best deal and help you get the compensation due to you.