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What are the effects of making a medical negligence claim?

Posted on March 10, 2021September 28, 2022 by Mark Reynolds

For most people with little or no understanding of the law, the whole area of medical negligence can seem complicated, even a little daunting. It can put people off pursuing claims, even when they feel they have a legitimate reason to make one. They might feel it’s financially prohibitive to make a claim, or that their case isn’t serious.

As specialist medical negligence solicitors, we talk to lots of people whose lives have been impacted by treatment that fell below an appropriate standard. They often voice a range of concerns about their claim, some of which we look at here.

Can I prevent the same thing happening to others?

People often presume that the main motivation for making a medical negligence claim is financial – That the claimant is seeking financial redress for what happened to them. Perhaps their careers suffered as a result, or they incurred lots of extra unexpected costs. Maybe they are looking for financial compensation for the pain and mental anguish they experienced as a result of negligence.

Some medical negligence claims involve procedures that were deeply traumatic resulting in ongoing stress and other mental health issues. The medical negligence process is designed to provide compensation that puts the victim in the position they were in before the incident happened. Strictly speaking, the aim is restitution rather than compensation.

While it would be wrong to downplay the importance of financial compensation for a victim of medical negligence, in most cases, it only plays a small part in their reasons for pursuing a claim.

Many want to ensure that a similar incident doesn’t happen to anyone else. They want proper attention to be paid to what happened to them and for tangible action to be taken. They may initially have had little intention of pursuing a medical negligence claim but were prompted to do so by frustration at how their complaint was dealt with. If they feel they have something important to share with the clinician and it has been dismissed, then they may feel that a claim is the only course of action left to them. They may not feel listened to and that communication has completely broken down between themselves and the clinician. They may no longer trust the clinician or the medical practice to take adequate action. They may feel their complaint is not being taken seriously and their concerns are dismissed.

If this is the case and the claimant is keen to ensure that no-one else should be the victim of anything similar, then a medical negligence claim may be the only route forward. By making the claim you can prompt the professional involved and the employer to investigate the incident further. This can lead to action being taken to minimise risk and a change in practice. Medical negligence claims have in the past been a catalyst for major changes in how some treatments are delivered.

Will a medical negligence claim affect my treatment going forward?

No two medical negligence claims are the same, but it can take between 12-36 months to complete a medical negligence claim. This length of time can be a concern for people, particularly if they’re in need of ongoing medical treatment.

People considering making a medical negligence claim often raise concerns about how it might impact on their future treatment, particularly in the year to three years when the claim is being considered. They may have limited alternative options locally for their treatment. They worry that their treatment will be disrupted or will somehow suffer.

This should not be the case. In fact, medical practitioners are legally required to provide the same level of treatment even if you have made a medical negligence claim against them. You may feel personally uncomfortable being treated by the person against whom you are making the claim. Trust plays a large part in medical treatment and if you no longer have confidence in a medical practitioner then it’s not unreasonable to ask to be seen by another clinician. Most medical establishments will want to honour your request.

Medical practices in the UK are not allowed to refuse treatment to someone who has made a complaint in the past. If you decide to move GP practices no record of your claim should be passed onto them. If you remain at the same practice you should be treated no differently because of your claim. If you feel that you are being treated differently it’s important to complain to the practice manager, or to your solicitor who will be able to offer advice about how you should proceed. The practice cannot attempt to force you to change to a different practice.

In practice, most medical providers have well worked out complaint procedures. These should ensure that your complaint and your treatment are kept entirely separate. They should try to ensure that you are treated fairly and that your claim is never mentioned during your treatment.

No one makes the decision to make a medical negligence claim lightly and claimants always have a range of concerns. Fear of being treated differently by medical practitioners due to making a claim shouldn’t influence your decision.

Is a claim only about money?

If you were to believe the tabloid press, people who make medical negligence claims are largely motivated by personal greed, aided and abetted by legal firms out to make money on the back of someone else’s misfortune.

The caricature is far from the truth. Medical negligence claims are complicated and lengthy processes with no guarantee of success. If a claim is successful, the settlement offered may well be modest. The aim of the medical negligence process is not to offer compensation, but restitution. Any settlement is not designed to lead to a life of luxury for the claimant. Instead it is about ensuring they have a similar quality of life to that which they had prior to the incident. Medical negligence solicitors always spell this out to potential claimants from the very beginning. If anyone is entering the medical negligence process with thoughts of making money, then they are misguided.

Talking to clients, we find they have a range of different motivations for pursuing a claim. Firstly, there is the distress, pain and inconvenience that has been caused by the incident. People lose their jobs, sometimes relationships, they can no longer enjoy activities they once enjoyed, and find their lives severely limited by medical negligence. In some cases, the negligence can ultimately lead to premature death.

Most of them will already have made a complaint about what happened to them not expecting to have to take the process any further. The response they received through the complaints procedure may not have addressed their concerns. They may feel they weren’t listened to, or that the approach of the professionals dealing with their complaint was dismissive. This can lead to intense frustration and feelings of powerlessness. People are often at their wits end when they approach us having exhausted every available option short of making a claim.

High levels of trust are placed in medical professionals and when it’s felt that this trust has broken down it can leave claimants feeling bewildered. These emotional responses can all play a part in why people decide to pursue a claim, but without real substance to the claim a legal professional is unlikely to take on the case.

They may hope to receive a proper apology for what happened to them and to find closure for what has been a traumatic incident. This can be just as important as any financial payment when it comes to helping someone move on with their life.

Ensuring that the incident is properly investigated and lessons are learnt is another key motivation. Claimants don’t want something similar to happen to anyone else. They may want the clinicians involved to be properly held to account for their mistakes.

The reasons for pursuing a medical negligence claim are complex and varied. No two cases are the same, but money is rarely, if ever, the principal motivation for our clients.

What happens to the doctors and nurses involved in my claim?

It may be surprising, but one of the main concerns of people making a medical negligence claim is what might happen to the doctors and nurses involved in the initial incident. People are genuinely concerned that the impact on the lives and careers of the professionals involved might be detrimental to the point of career ending.

There are high levels of respect for the NHS in the UK. Doctors and nurses are trusted much more than members of other professions. In most cases we may feel that any medical negligence of which we were a victim was a rare mistake on behalf of the individual, rather than part of a consistent pattern. That’s mostly the case. Medical professionals are highly trained individuals who operate within strict frameworks designed to minimise mistakes and ensure patient care. But these frameworks are not foolproof and even the most diligent of professionals can make mistakes. When that professional is a doctor or other health professional, the consequences can be drastic for the patient.

When a medical negligence claim is made the health professional in question will likely seek advice and support from their particular professional body, such as the British Medical Association or the Royal College of Nursing. They may receive support in their workplace, which is likely to have a tried and tested procedure for dealing with medical negligence claims.

It’s possible there will be an internal investigation into what happened in this specific case. A claim also highlights areas where staff need further training or improvement can be made to the process, or new processes introduced.

Medical indemnity insurance is a legal requirement for any medical professional working in the UK. This insures them and their practice against medical negligence claims, so neither the professional nor the practice will be left out of pocket should your claim be successful. This reflects the understanding that mistakes do sometimes happen and that medical negligence claims may sometimes be unavoidable.

In some instances, the medical negligence claim may be so severe and life-changing that the claimant is keen to ensure the practitioner faces consequences for their action. Pursuing a claim can be a way to prove that a serious mistake happened and that the professional involved should not be practising. A successful claim may in some cases lead to a lengthy suspension, or a requirement that the professional undergoes further training. In some cases, the negligence incident may be so severe that that they are never allowed to practice again.

Medical negligence claims are not uncommon across the health sector and most organisations will have developed procedures for dealing with them. This will include ensuring that professionals involved are supported throughout the claim, and that adequate action is taken to resolve the issue. Employers will also be keen to ensure that health practitioners are conducting their duties at a satisfactory level and will support them in acquiring or re-acquiring the appropriate skills to ensure incidents don’t reoccur.

By not proceeding with a medical negligence claim you may feel you are helping a professional who you think made an honest mistake. In reality, complaints and medical negligence claims can be the necessary prompt to ensure that a similar mistake doesn’t happen again.

Talk to the medical negligence specialists

If you feel you have been the victim of medical negligence and you don’t feel that your complaint has been properly dealt with, then our team of experienced medical negligence specialists would be happy to hear from you. We can provide confidential and impartial advice about your circumstances and explore if a claim might be appropriate.

Get in touch today to learn more about how we can help.

How does the Hardship Fund work for victims of criminal injury?

Posted on March 2, 2021September 9, 2021 by Mark Reynolds

If we become a victim of criminal injury it can have serious consequences for our financial as well as our physical health. If you are relatively low-paid and find yourself unable to work the impact can be considerable.

If your injuries are not deemed serious enough to qualify you for Criminal Injury Compensation, are unable to work and have no other recourse to financial support, then you may be eligible for financial assistance from The Hardship Fund.

What is the Hardship Fund?

The Hardship Fund is a discretionary scheme that was set up to provide limited financial relief for very lowly paid workers who may be temporarily unable to work as a direct result of being a victim of violent crime. It fills a gap for people whose injuries do not fall into the tariff of injuries in the Criminal Injuries Compensation Scheme 2012.

The fund was set-up to help victims who have no other financial support, such as Statutory Sick Pay (SSP). Similar to SSP, if you’re unable to work the fund will begin to provide support after your fourth day of absence from work for up to 28 days, provided the applicant has been unable to work for a continuous period of at least 7 days. The maximum you can receive is capped at the equivalent of four weeks SSP. The fund applies to injuries sustained in England & Wales.

Who is eligible?

The Hardship Fund is targeted at people on low incomes. You may be eligible if:

You earn less than £120 a week.
You’re not in receipt of Statutory Sick Pay (SSP) or an equivalent employer related scheme.
You were injured in England & Wales on or after November 27th, 2012 as a result of being a direct victim of crime. This means you were injured by a direct assault of a criminal.
You couldn’t work for at least 7 days as a result of the attack, having sustained either physical or mental injuries.
Your injuries are not eligible for compensation under the Criminal Injuries Compensation Scheme 2012.
You don’t have any unspent criminal convictions. The Criminal Injuries Compensation Scheme 2012 doesn’t allow anyone with unspent convictions, which resulted in a custodial sentence or community order, to access any kind of financial assistance. This applies if the convictions are unspent at the time the application is made. If you have other types of unspent convictions, payment will be either reduced or withheld unless there are exceptional circumstances. If you committed a motoring offence for which the penalty was a fine or penalty points, then you will not usually be barred from financial assistance, nor will any payment be reduced.

What you must do

If you’ve been the victim of a crime that has resulted in injuries, you must report them to the police within 48 hours of the crime. An application must be made to the Criminal Injuries Compensation Authority within 8 weeks of the date of the incident.

How to apply

You can’t apply directly to the Criminal Injuries Compensation Authority for a payment from the Hardship Fund. Instead, applications are made by way of referral after following an initial assessment of your eligibility by Victim Support.

What is Victim Support?

Victim Support is an independent charity who work to support victims of crime and traumatic incidents in England and Wales. They exist to help people get the support they need to enable them to get their lives back on track. Their service is entirely confidential, unless they feel that there’s a risk to the personal safety of the people involved.

Your nearest Victim Support care team will be able to provide advice and other support. You can find the details of your local branch on their website.

What you will need for your initial assessment

For your assessment with Victim Support you will need to provide a number of documents:

A crime reference number from the police. This will help Victim Support and the CICA confirm that you were a victim of a violent crime that was reported to the police.
A letter from your employer or a pay statement stating that you’re not eligible for Statutory Sick Pay.
If you are self-employed, a copy of your most recent tax return to confirm that you earn less than the maximum income threshold for Hardship Fund assistance.
A copy of a certificate from your doctor, sometimes called a ‘fit note’, confirming that you’ve been unable to work for at least 7 consecutive days as a direct result of being a victim of violent crime.

Once Victim Support have made an initial assessment, and confirmed you are eligible to apply, they will then ask you to provide signed consent for the release of all records, necessary evidence and any other relevant documentation about you and your injury. This will then be forwarded to Victim Support to process.

They will then send your application to CICA, who will check the crime number to see if you have any unspent criminal convictions. Once they have this information, they usually aim to process your application within 6 days.

Impact on benefits

If you’re in receipt of Employment Support Allowance (ESA), you must immediately inform the Department of Work & Pensions about any change in your circumstances. Any payments you receive from the Hardship Fund will be considered when the income contingent levels of ESA are calculated.

Experienced Criminal Injury support from Mark Reynolds Solicitors

The experienced team at Mark Reynolds Solicitors understand the complexities of the criminal injury compensation system. You can find out more about how we can help here.

Which dental injuries can lead to a medical negligence claim?

Posted on February 19, 2021August 8, 2024 by Mark Reynolds

For many of us a visit to the dentist is never something we look forward to. When we do visit, perhaps in need of emergency treatment, or perhaps for cosmetic work, we hope it will give us more confidence and we fully expect it to be problem-free.

Most of the time, the treatment people receive at the dentist is of the highest standard, and whatever fears they had at the beginning they are happy with the work. Occasionally, however, things can go wrong. When it does it can lead to significant pain, disfigurement and trauma.

In such instances, it may be possible to pursue a medical negligence compensation claim.

Read more about dental negligence claims

What is dental negligence?

A dental negligence claim is a claim in one category of medical negligence. As with other forms of clinical negligence a claim can be made if you have sustained any form of personal injury while undergoing dental treatment. As well as physical injury, this can include psychological harm or financial loss. Negligence occurs when anyone responsible for your treatment causes harm to a patient, through a mishap or a mistake. This can be the dentist themselves, or a member of the nursing or care staff.

How common is dental negligence?

Thousands of dental procedures are carried out in the UK every day. Considering the numbers, you might presume that dental negligence is common. Thankfully, most dental practitioners operate to the highest of standards, and negligence is relatively rare. Historically, fewer than 10,000 cases of medical negligence are recorded in the UK every year.

However, the number of cases has risen considerably over the past few years. This rise is primarily put down to the increase in cosmetic dentistry. These procedures bring with them a range of extra risks. Cosmetic dental procedures can be complex, intrusive and require major reconstruction of the teeth, jaw bones, and gums. Therefore, the risks associated with cosmetic dentistry are generally higher than with remedial or preventative work.

What kind of dental injuries can lead to a medical negligence claim?

The most common types of dental medical negligence will fall into one of the following categories:

Poorly executed surgical procedures – any kind of surgical procedure, from a filling to a full set of implants, can potentially go wrong. If something does go wrong, then a medical negligence claim can be made.
Poorly managed anaesthesia – a surgical procedure will usually require the administration of either local or general anaesthetic. If something goes wrong, and the application of anaesthetic results in an injury, or another type of health problem for the patient, then a medical negligence claim can usually be made.
Misdiagnosis – if a problem is missed when you undergo a dental examination, or you are sold dental work that isn’t necessary, then this counts as misdiagnosis. If the subsequent treatment or neglect results in injury, then you may be able to make a claim for medical negligence.
Inadequate patient care – either during or after treatment has taken place, the patient should be given the necessary standard of care to help aid their recovery. If it isn’t, and injury or harm ensues as a result, then a claim for medical negligence may be able to be made.

Are there different types of dental medical negligence claims?

When it comes to making a medical negligence claim much depends on how the injury was caused, and the circumstances that led to it.

A dental practitioner could be guilty of one of the following types of negligence:

Contributory negligence – in a case of contributory negligence, the victim themselves have been negligent, which has led to the injury. In most of these cases, the victim is unlikely to receive any compensation.
Comparative negligence – in cases of comparative negligence, both the dental practitioner and the victim are both deemed as somehow culpable for the injury. These can be the trickiest cases for legal professionals to pursue, and they will nearly always be lengthy. The legal process will usually result in a court case, where the correct amount of blame will be apportioned between the two parties. If more blame lies with the practitioner, then compensation may be awarded.
Vicarious liability – in this case, partial blame is being apportioned to a third party for the injury caused. It might be a claim against the supplier of a particular piece of medical equipment that failed, resulting in injury. Or it could be a claim against the company that employs the dentist, which has failed to meet the required statutory health regulations, resulting in injury to the patient.
Gross negligence – this is the most serious and least common type of dental medical negligence case. It’s only pursued when there’s evidence that a dental practitioner has blatantly disregarded the health and well-being of a patient. There are a number of ways in which this could happen. The practitioner could be under the influence of drugs, or alcohol while performing a procedure, or they could act recklessly out of anger or because they’re distracted.

What kind of dental treatments might lead to a medical negligence claim?

Any number of dental treatments can result in injury which might then prompt a medical negligence claim.

Inadequate root canal therapy
Failed implants
Extracting the wrong tooth
Failing to properly manage and treat tooth decay
Inadequate fillings
Inadequate crowns
Failing to manage gum disease (periodontal disease)

Cosmetic dentistry claims

As the amount of cosmetic dentistry undertaken increases year-on-year, the number of claims for medical negligence relating to cosmetic dentistry has also increased. These cases include accidents during bleaching, porcelain veneers, crowns, bridgework and orthodontic work. Botox, hyaluronic acid and dermal fillers can all be administered incorrectly, and a claim may be possible as a result.

Dental implants

If you have missing teeth, then you may be recommended dental implants. These can be transformative, giving people new confidence. There can be problems, however, in how they’re fitted. Resolving problems with incorrectly fitted implants can prove painful and costly. Claiming compensation can help raise the funds to pay for corrective treatment and can help make sure that no-one else suffers in the same way.

What can be claimed?

When a claim is made for dental negligence tangible and intangible costs will need to be calculated. Some of these costs are easy to calculate, others are more complex. A judicial framework provides some guidance, and your solicitor will be able to advise what might apply in your case.

Most dental negligence cases will involve one or more of the following types of negligence:

Special damages – all non-physical costs are included in this category, such as being forced to cancel a holiday, or being unable to take up work if you’re self-employed.
General damages – this includes any medical damage that was done such as pain, mobility or psychological trauma.
Care costs –any extra care assistance that is required because of your injury.
Loss of current and future earnings – the impact the injury has had on your working life.
Medical expenses – out of pocket expenses that the claimant has had to pay, such as corrective treatment.
Travel costs – any out of pocket expenses that have been incurred because of having to travel for treatment.

What to do if you think you’ve been a victim of medical negligence

As with any legal process that requires adjudication, evidence will need to be presented on both sides. These will either prove or disprove the claim so it’s important to do all you can to strengthen your claim.

Here’s some steps you can take:

Document your injury – visit a doctor or a hospital to have your injury treated. This will create an impartial medical record that details your injury. Make sure that you ask whoever treats your injury to record how long they think it will take for the injury to heal, and how long it’s likely to take.
Collect important information – find out the names of any of the team who assisted the dentist in carrying out your treatment. Find out the name of the company who owns the dental clinic if it’s a private practice or a cosmetic dental clinic.
Record the financial impact of the injury – if you’ve lost income, or had to miss work as a result, the cost of medication, had to take unexpected journeys for treatment, or had to pay for corrective treatment out of your own pocket, then these should all be written down.
Contact a dental negligence solicitor – a specialist medical negligence solicitor will be able to advise you as to the strength of your claim. At Mark Reynolds Solicitors we can represent you on a no-win, no-fee basis if we believe your case stands a good chance of success.

Call Mark Reynolds Solicitors for professional dental negligence advice

At Mark Reynolds Solicitors we can provide confidential professional advice about your potential dental medical negligence case. If you feel you have suffered dental medical negligence, call us on 0800 022 957 to speak to one of our experienced team.

How can a personal injury solicitor help me?

Posted on January 8, 2021July 22, 2022 by Mark Reynolds

If you find yourself injured in an accident through no fault of your own, you may be able to claim compensation for what happened. Personal injury claims are not about receiving a windfall but are instead designed to help restore your quality of life to how it was before the accident, and the resulting injury.

In short, the process aims to help you back on your feet, and to finance any necessary adjustments that may need to be made because of your injury.

How do you go about making a claim?

Many people are hesitant about making a personal injury claim, even if they have a strong case. They are put off by what they perceive as a lengthy and complicated process. They may fear that it’s costly, and the risks are too great for them to proceed.

Although the process can be lengthy and does require a satisfactory amount of supporting evidence to be provided, it is by no means impossible. In fact, thousands of claims are successfully made every year across the UK.

If you have a good case, with proper preparation and the right advice you can receive the compensation to which you’re entitled.

What is the role of a personal injury solicitor and how can they help?

Personal injury is a serious matter. Depending on the extent and severity of the injury, it can be incredibly traumatic and even life-changing for you and your family. It can have a wide range of consequences, from pain, to loss of income, to care costs and psychological trauma. If you have a family, they too will be impacted by your injury.

There’s also issues to consider if you make a claim. There are deadlines to meet, and potential procedural pitfalls that could scupper your claim, even if you have a strong case. With so much at stake, it might be considered foolhardy to try and make a personal injury claim without the help of a personal injury solicitor.

So, what exactly do they do, and how can they help you secure compensation for your injury? Let’s explore further…

Do you have a case?

You may feel that you have a case for a personal injury claim, but an experienced legal professional in the field of personal injury will be in a far better position to make a fair evaluation of its strength.

Your personal injury solicitor will look at your case in detail. They will look at the evidence you’ve gathered and examine its relative strengths. They will ask questions and go into what happened in more depth. From this information they will then be able to assess whether or not they think you have a viable case. They understand the process, they know what to look for and have experience of what has and hasn’t proven successful.

Most credible personal injury solicitors will have pursued more successful personal injury claims, than they’ve have had claims rejected, and will operate on a no-win, no-fee basis. This means that they’ll only collect payment as a percentage of the total compensation amount awarded if your case is successful. If it isn’t then, they won’t be paid. They have no self-interest in pursuing a case they don’t think is strong enough to succeed. So, if a no-win, no-fee personal injury solicitor agrees to take your claim on it’s already cleared a significant hurdle.

If your claim is rejected as not being strong enough, you will, in all likelihood, have saved yourself a considerable amount of stress, time and anguish.

Many people worry about their chances of success so may be hesitant about making a claim. A personal injury solicitor will give you confidential and credible advice that allows you to make a proper decision.

Key questions they will look at

A personal injury solicitor will want to be satisfied that you can prove the following:

Your injuries were caused as a result of a particular accident.
The accident was caused due to someone else’s negligence or mistakes.

These two points may sound relatively simple but proving this in court is another matter. If the claim has reached that stage, the defendant will probably deny all charges and plead innocent. For your case to be successful you must be able to prove beyond all reasonable doubt that the defendant is to blame for your accident and injuries.

What kind of evidence will a personal injury solicitor be looking for?

To help support your claim, and to help a personal injury solicitor make a judgement about its likely success, you should try to provide as much of the following as possible:

Details recorded at the scene – if you’re involved in an accident, any details recorded at the scene or shortly after can be very helpful. The first priority should always be ensuring you receive any medical help required, but if you or someone else is able to write down details of what happened then this can be helpful. If you’re incapacitated, and no one nearby records what happened, you should record what you can remember as soon as possible afterwards
Witness details – first-hand accounts from witnesses to your accident are an extremely powerful piece of supporting evidence. Many people presume that witnesses will automatically come forward if a case reaches court. This isn’t always the case so it’s imperative that you take their details so you can follow up.
Photographic evidence – photos of your injuries and of the scene of your accident can be incredibly useful. If you’re involved in a road traffic accident, this might include the position of vehicles on the road.

Helping with the documentation process and evidence gathering

A key part to strengthening your personal injury claim is properly documenting your injuries and building up a case to support your claim. Before they agree to represent you, a personal injury solicitor will examine what you already have and advise if they think you need to produce more.

A solicitor will then help you gather further evidence. This might include statements from emergency services and medical records. They may ask that you have a medical examination to assess the extent of the injury and the ongoing challenges it presents, or a psychological assessment.

Calculating Compensation

Other evidence the personal injury solicitor will want to gather will be details of your finances to help calculate the level of compensation to be claimed for. Pay-slips, bank details, receipts from any travel to receive medical treatment may all be required. Your solicitor will look at the medical evidence and your own statements and then assess:

the pain and suffering you have experienced because of your injury
the prognosis for your injury
whether the injury has caused a loss of earnings
the expenses you have incurred because of your injury

They will then come up with a figure that they believe adequately compensates for what you have been through, and the amount you will need to return your life to the standard it was before your injury.

Approaching the negligent parties

When your solicitor has the evidence they require and have worked out the value of your claim, court papers will be lodged detailing your case and the amount of compensation being pursued. The defending parties will then be made aware of an impending court case. This will give them the opportunity to make an out-of-court settlement.

Only a small number of personal injury cases ever reach court, with the vast majority resulting in an out-of-court settlement. You may initially be offered an inadequate amount, but at this point the defendant will have admitted culpability creating a basis for further negotiations if they wish to avoid court.

Negotiating the out-of-court settlement

Sometimes cases can drag on, with defendants refusing to reach agreement. This can cause real personal hardship and distress, but your personal injury solicitor can at this stage secure a partial payment ahead of a full agreement being reached. If the defendant has admitted liability, then it is generally in their own interest to bring the matter to a close. If a company is involved the negative publicity of a court case is to be avoided.

Liaising with insurers

Your personal injury solicitor will also liaise on your behalf with your own and your defendant’s insurance company if appropriate.

Your ally at a difficult time

Experienced personal injury solicitors will have dealt with hundreds of cases, securing compensation and helping to guide people through a difficult process. At a challenging time, they are a valuable ally providing advice, perspective and much-needed legal muscle as you seek redress for a traumatic experience.

The experienced personal injury solicitors at Mark Reynolds Solicitors can help you secure the compensation you deserve. If you think you might be entitled to personal injury compensation call us on 0800 022 957 to speak to one of our professional team.

If you have any further questions, you can also view our personal injury FAQs.

How to know if you have an iron infusions medical negligence claim

Posted on January 5, 2021September 9, 2021 by Mark Reynolds

Over recent years the practice of administering medical iron infusions have come under closer scrutiny from both the media and medical professionals. They are prescribed to help treat and prevent iron deficiency anaemia. Occasionally, however, there can be issues with how the infusion is administered.

When it goes wrong the effects can be long-lasting. When that’s the case, it’s possible to make a medical negligence claim for compensation.

What is an iron infusion?

Iron infusions are used when dietary changes and iron supplements have proven ineffective in treating iron deficiency. They’re usually administered via injection, or by a drip straight into the vein in a procedure that lasts between 30 minutes and an hour.

Like most medical procedures, they come with a range of potential side-effects. The potential side effects of iron infusions can include:

Bloating or swelling of the face, arms, hands, lower legs, or feet.
Dizziness, faintness, or light-headedness when getting up suddenly from a sitting or lying position.
Gastrointestinal pains such as nausea or cramps.
Problems with breathing.
Skin problems, including rashes.
Chest pains.
Low blood pressure.
Anaphylaxis (a severe allergic reaction that can include difficulty breathing, itching, or a rash that can cover the whole body).
Extravasation injury (damage caused by the loss of the solution from the vessel into the surrounding tissue spaces during an intravenous infusion. It can cause long term discolouration, ongoing pain and a loss of mobility).

If you have undergone an iron infusion procedure and you feel it fell below a minimum professional standard of competence, resulting in an avoidable physical or psychological injury, you may well be able to make a medical negligence claim.

How does a claim work?

Clinical negligence cases can be complex and may take some time to reach a conclusion. A claimant in an iron infusion medical negligence case will need to prove fault on the part of medical healthcare professionals, and they will need to establish that there has been avoidable harm that has impacted you personally. This is known as causation.

This can make medical negligence claims appear daunting, and it often prevents people from making a claim, even in cases where they have a reasonable chance of success. With the right support, expertise and legal knowledge working with you, the whole process becomes much more straightforward.

What proof do I need?

Medical negligence cases need to be built on evidence. The more evidence you can provide the more likely your case will be to succeed. The kind of evidence that could be useful are:

Medical records
Photographs
Detailed statements from the claimant
Witness statements (these can be from family, friends, and employer or work colleagues)
Financial evidence (did side-effects result in you being unable to work? Did you incur costs having subsequent medical treatment?)
Any reports from medical experts that can be used as evidence

How much can I claim?

Lots of different factors will be taken into account when working out the value of any compensation claim. This is by no means an exhaustive list, and every case will be different, but the factors are likely to include:

Severity of the injury
Impact on daily life
Length of recovery
Loss of earnings and projected earnings
Punitive damages

Is my claim likely to succeed?

Any claim for medical negligence can be time-consuming, involved and sometimes distressing. It’s not something that should be entered into without due consideration. The complexity of a medical negligence claim requires specialist legal knowledge. At Mark Reynolds Solicitors we have pursued countless successful medical negligence claims, helping our clients build up the necessary body of evidence and guiding them through the process.

We offer our services on a no-win, no-fee basis, meaning that you pay nothing unless your claim is successful. With that in mind, we have no interest in encouraging you to make a claim we don’t feel would have a reasonable chance of success.

For professional and sensitive advice about iron infusion medical negligence claims, call us on 0800 002 9577, or complete our online contact form.

The unseen effects of a personal injury

Posted on October 23, 2020October 23, 2020 by Mark Reynolds

When they hear the words personal injury, most people immediately think of a physical injury that could have temporary or permanent consequences. Broken bones, fractures, cuts and bruising may all be obvious, and can easily be displayed when you make a personal injury claim.

Physical injuries can usually be treated. They may take time to recover from, or force changes in lifestyle, that can be directly compensated for, but the less tangible effects of personal injury are sometimes even more devastating.

Emotional problems

Emotional problems cover a wide range of experiences with varying severities of symptoms. It may be mild anxiety that passes with time, or a more long-lasting condition that takes lengthy treatment to recover from, such as Post-traumatic Stress Disorder (PTSD) or depression.

The trauma of being involved in an accident must be considered when you make a personal injury claim. The consequences can be profound and are often more long-lasting and debilitating than the physical injuries. Whether it’s loss of income, reduced career opportunities, a more restricted life or other factors, they all influence a compensation claim.

Post-traumatic stress disorder

Post-traumatic stress disorder is a debilitating condition that occurs as a result of suffering an injury, serious accident, or being exposed to traumatic circumstances. PTSD can manifest itself in a number of different ways. These might include flashbacks, periodic intense anxiety, trouble sleeping and difficulty carrying out everyday tasks. Sufferers may experience bouts of anger and distress, panic attacks and feel an intense need to withdraw. It’s a complex condition that often combines a variety of symptoms which when taken together cause a great deal of distress.

Depression

Often a symptom of PTSD, depression is not an uncommon response for anyone who has been involved in a serious accident. It’s not just periodic low mood, it’s an ongoing disorder which in some cases can make it extremely difficult to function in daily life. It often requires medication and therapy to help people make a recovery, which can be a slow process. If depression arises because of an accident it can impact on an individual’s ability to work, socialise and go about their business.

Anxiety

Anxiety is a common response to an accident. It can sometimes be generalised, or more specific, related in some way to an accident. If you’ve been in a car accident, you may find it difficult to drive again, or even travel in a car. If you need to drive to get to work, or as part of your job, the impact on your career will be considerable. It can create difficulties, sleeping and eating, and can lead to other long-lasting mental health issues. If your injury happened as a result of your working life, it’s not uncommon for workplace or task related anxiety to arise. It may need cognitive behavioural therapy.

Phobias

Accidents can lead to a range of different phobias developing because of the injury. These can be related to the incident specifically, or more general, but depending on their severity can cause the sufferer real problems, making it difficult to live their lives as fully as they would like.

Pernicious and ongoing

It can sometimes take a while for an accident victim to fully realise that they are suffering from a psychological disorder. They can be hard to admit to, even to yourself, and by the time many people feel treatment the problem has become embedded.

That’s why it’s important to seek medical help as soon as possible and to be as open as you can be with your GP and other medical professionals.

As well as seeking medical help, it’s possible you may be able to make a personal injury claim because of the psychological distress you have suffered. It may be possible to receive financial compensation from the individual or company responsible for the accident. This could be used to pay for private treatment or other support to help you resolve or manage your problems.

The professional and experienced personal injury team at Mark Reynolds Solicitors can advise you about your case, and a provide a no-win, no-fee service should you decide to proceed with a claim.

Call us on 0800 002 9577 or get in touch via our online contact form.

Breast Cancer Awareness Month

Posted on October 21, 2020October 10, 2024 by Mark Reynolds

Breast cancer is one of the most common types of cancer in the UK with statistics sadly showing that 1 in 8 women are diagnosed during their life time.

These statistics indicate that each and every one of us is highly likely to know someone in their lifetime that finds themselves face to face with this disease.

Tireless hours are spent raising awareness for breast cancer, ensuring that the signs and symptoms are known and checking your breasts becomes part of your weekly to do list. This is with the aim of ensuring that anyone who does have concerns knows that their next step should be to immediately present to their GP.

Symptoms of breast cancer include a change in size or shape of one or both breasts, discharge from the nipples, which may be streaked with blood, a lump or swelling in either armpit, dimpling on the skin of the breasts, a rash on or around the nipple, a change in appearance of the nipple such as becoming sunken into the breast.

Diagnosing breast cancer involves a mammography or taking a small sample of breast tissue to be examined. These are often performed following a “two week wait” referral by the GP.

With the awareness that we have and breast cancer being so common, it is tragic to discover that even these measures and precautions do not protect patients from Medical Negligence occurring.

Medical Negligence

Delay in Diagnosis

Medical Negligence may occur if there has been a delay in diagnosis which had led to the cancer getting worse, spreading and ultimately impacting upon prognosis and life expectancy.

Examples of when this delay could occur may be through a failure to refer a patient who presented with symptoms or a failure to investigate further following an examination and or a mammogram.

Our Medical Negligence team are currently supporting the family of a patient who negligently suffered a 12 month delay in diagnosis after a lump was identified on a mammogram but nothing else was done about it. After a 12 month period of returning to her GP and Hospital, the cancer was eventually diagnosed but by this stage it had tragically spread to other parts of the body and the prognosis was terminal.

Had this patient not received negligent treatment this could have resulted in the cancer being recognised at a much earlier stage, requiring less invasive treatment and not such a poor prognosis and ultimately such a tragic result.

Inappropriate Treatment

Medical Negligence could occur following a diagnosis by way of a failure to correctly identify the stage of the cancer resulting in insufficient treatment, negligent errors during surgery or incorrect monitoring following breast cancer.

Our Medical Negligence team have recently resolved a case in the sum of £75,000.00 which involved reconstruction surgery of the breast following removal of cancerous tissues which left behind unidentified medical gauze in the breast leading to continuous infections. We are extremely pleased that we were able to achieve an excellent settlement for our client after many years of suffering in what could have been an avoidable instance of negligence.

Playing our Part in Raising Awareness

Here at Mark Reynolds Solicitors it is vital to us that we play a role in raising awareness for medical conditions and support the life changing research into diagnosis and treatment.

On Friday 23^rd October 2020 we will be participating in ‘Wear it Pink’ day across all of our offices. Our colleagues will each wear something pink to support research and raise awareness for this awful disease.

If you would like to discuss a possible medical negligence claim relating to Breast Cancer or any other medical failure, please contact one of our medical negligence solicitors on 01925 418 004 or email info@markreynoldssolicitors.co.uk

Iron Infusions causing Permanent Staining

Posted on October 16, 2020June 13, 2022 by Mark Reynolds

Here at Mark Reynolds Solicitors we are seeing an increasing number of cases of permanent staining arising from Iron Infusion Treatments.

Iron Infusions are often offered to patients who have iron deficiency anaemia and it is not uncommon for this treatment to be offered during a term of pregnancy. The procedure involves a cannula insertion in which the infusion can be dripped straight into the vein. This should be a pain free procedure and can sometimes result in a minimal amount of bruising at the injection site.

Sadly, many patients have been suffering much more permanent and painful results. These results arise from extravasation of the infusion.

Extravasation Injuries

An extravasation injury is when damage is caused to the surrounding tissue to the injection site as the solution will actually leak from the vessel into neighbouring tissue space.

Clients who have fallen victim to this type of injury have reported the procedure feeling immediately painful and some noticing their skin around the injured site becoming orange in colour.

Following the procedure, there will remain a darkened area of skin which many of our clients have been reassured at the time is merely bruising, which it is not. It is in fact long-lasting and permanent staining to the skin.

The emotional distress this causes is hard to contemplate and coming to terms with the permanency of this staining can be a big adjustment for anyone to make who has experienced this.

Medical Negligence

Those who are administering Iron Infusions should be appropriately trained, understand the risk of extravasation and make the patient aware of the risk whilst also being able to identify signs and symptoms of extravasation throughout the procedure.

When the standard of care falls below what is required and the above factors are not adhered to, Medical Negligence may have occurred.

Our Medical Negligence Solicitors identify when the standard falls below what is expected and ensures that the negligent party is held accountable.

Our Medical Negligence Team have a depth of knowledge surrounding this type of negligence and want to ensure those who have had the misfortune to encounter this negligence are given the guidance and assistance they deserve in making a Medical Negligence Claim.

Most recently, Lisa Musgrave who is one of our Medical Negligence Solicitors, resolved a case relating to a client who attended hospital for a routine iron infusion and was left with permanent staining to the arm. In this case, the negligent hospital failed to correctly consent our client and also failed to undertake the appropriate checks during the infusion.

Lisa ensured that our client was seen by both a Camouflage Makeup Expert and Clinical Psychologist. The experts made the appropriate recommendations to assist in rehabilitating the client which included access to a lifetime supply of camouflage makeup and further appointments with a Clinical Psychologist. This case was settled in the sum of £30,000.00.

Over recent months we have taken on an increasing number of cases similar to this one and our team continue to support and provide legal advice to any such clients throughout their ongoing claims.

If you would like to discuss a possible medical negligence claim relating to Iron Infusions or any other medical failure, please contact one of our medical negligence solicitors on 01925 418 004 or email info@markreynoldssolicitors.co.uk

What is the process for suing my GP?

Posted on September 15, 2020September 15, 2020 by Mark Reynolds

No one chooses to take legal action against their GP or hospital doctor without a lot of consideration. It’s not a decision to be taken lightly, but in some instances, it is an appropriate one if we feel we have been a victim of medical negligence.

GPs and hospital doctors are highly trained individuals on whom we depend to make important decisions about our health. Most of the time, the treatment we receive is at least satisfactory, but occasionally things can and do go wrong.

Because most of us have high levels of trust in medical professionals, it can sometimes feel bewildering when medical negligence has occurred. Many people are subsequently put off pursuing compensation believing the process is particularly difficult, or that the odds are stacked against them.

Some people are reluctant to instigate a claim against a GP out of a feeling of loyalty, particularly if that GP has looked after their family for a number of years without any previous negligence. They may be concerned about the consequences for their future treatment, or of having to find a new GP.

Issues around GP negligence can be as damaging to an individual’s long-term health and wellbeing as hospital negligence. When the treatment you receive is less than adequate or actively harmful to your future health and wellbeing, there are means to try and gain proper redress.

Understanding GP negligence

The standard of care provided by GPs can vary widely. As a result, the types of possible medical negligence incidents that can occur are numerous.

Some of mistakes that can be made by a GP include:

A failure to adequately examine a patient
A failure to perform certain tests and examinations
A failure to properly review and then act upon an examination or test results
The issuing of an incorrect prescription
A failure to consult an appropriate specialist or refer the patient to a consultant.
A failure to diagnose a serious disease
A medical procedure being carried out incorrectly

This list is by no means comprehensive, but it is helpful to think about the kind of practices and GP tasks that can lead to possible negligence.

What consequences can GP negligence have?

It’s often presumed that medical negligence is mostly an issue for hospitals, and that there’s little that can happen during a GP consultation that could have severely damaging consequences for the patient. That’s far from the case, with medical negligence in the GP practice there are a variety of incidents that can have a significant impact. For example, failure to refer a patient for cancer investigations can result in the cancer progressing, and the illness becoming much harder to treat.

Prescribing the wrong medication to patients can lead to possible side effects, some of these can be serious with long term debilitating effects. As too can a failure to properly assess how someone was responding to certain treatments, with serious issues such as liver or kidney damage as a possible result.

Serious conditions such as meningitis are sometimes missed. If unstable angina isn’t spotted it can lead to a cardiac arrest, and a failure to correctly diagnose or manage diabetes can result in serious life-limiting consequences for the patient.

Our GPs are usually our first point of contact when we are ill. It’s vital that they properly diagnose any conditions we may have, prescribe the right medication and if necessary, refer us to specialists for further treatment. The failure to do any of those things correctly can result in conditions getting progressively worse.

If you believe your GP failed to properly carry out their duties and you suffered harm as a result, then you might be able to make a successful medical negligence claim.

Make a complaint

The first step many people who believe they have been a victim of medical negligence take is to make a complaint to their GP practice. If your first concern is to receive an apology, or a full explanation of what happened, this should always be your first step. It can be useful not only in helping to provide closure for the individual concerned, but also in ensuring that lessons are learnt and similar mistakes are not made again.

When you are making a complaint, you should try and include the following information:

The time and date of your treatment, and where it took place
The names of all the individuals involved
A description of exactly what happened
The reason why you are making your complaint
The questions you want answering

You don’t have to make a complaint through the NHS complaints procedure before launching legal action. It can be useful, however, as it may give you more information on which to base your decision about further action. It could also provide valuable information in any medical negligence claim you decide to pursue.

Taking things further

Even if you’ve received an explanation or apology from the individual GP, healthcare practice or provider, it’s still possible to pursue a claim for medical negligence against your doctor.

Medical negligence is a complex area of law and every case is different. Therefore, it’s important to contact a solicitor with experience in the field who will be able to advise you about the likelihood of your claim being successful.

The procedure can feel daunting but our experienced team of medical negligence specialists can provide you with considered advice and support in making your claim.

Will making a claim affect how my GP treats me?

If you’re still under the care of the GP about whom you’re making the claim, or are still registered at the same practice, you may be concerned that the treatment you receive will be influenced by making a claim. GPs are not allowed to treat you any differently just because you’re taking legal action. If you suspect they are, this in itself could be a legal matter.

Is your claim valid?

The first question we will consider is the validity of your medical negligence claim.

For your claim to qualify as medical negligence, it will need to be proven that the medical practitioner was at fault, and that fault caused you harm. In addition to this, medical negligence compensations claims must be filed with the court within 3 years of the incident that caused harm or injury taking place.

There are some exceptions to this time limit, if for example you discovered the harm done to you months or even years after the initial incident. Your specialist medical negligence solicitor will be able to provide you with advice based on the details of your individual case.

You claim will only proceed further if you are able to satisfy two conditions:

Liability – it can be shown that your GP was performing at a lower standard than similar professionals in the same field.
Causation – you will need to be able to prove that the harm done to you was as a direct result of the negligent action, and otherwise would not have occurred. The balance of probabilities applies, so there will need to be at least a 50% chance that the harm was caused by the initial incident.

Medicine is a constantly evolving science with competing schools of thought. If other doctors are willing to vouch that they too would have undertaken the same course of action as the GP about whom you’re making a case, then your claim is unlikely to go any further.

These questions need to be explored as quickly as possible to ensure that you can make a claim within the time limit. Contacting a specialist solicitor to discuss your case should therefore be a priority.

The time limit

The Time Limitation Act 1980 set out a time limit of 3 years for medical negligence claims to be made. This is known in legal terms as “the date of knowledge”. This could be the date when the negligence occurred, or much later when the harm was discovered. You may be unsure about the exact date when the three years started.

The limit is for formally lodging the claim with the court, not just for contacting a solicitor, so it’s important to act as quickly as you can.

There are some exceptions to the three-year time limit:

Under 18s – anyone under the age of 18 when the incident occurred, has three years from the date of their 18th birthday to make a claim in their own right.
Mental illness – if the claimant was suffering from a diagnosed mental illness at the time of the incident, the three-year period doesn’t start until they are considered fully recovered.
Brain damage – if the injury caused to the claimant was brain damage that resulted in them not being able to conduct their own affairs, then there is no time limit for making a claim.
Death – if the claimant dies, either as a result of the negligence or any other cause, the limitation for their family to bring forward a claim is three years from the date of death. If they die while making a claim, then the family have three years from the date of death to decide to continue with the claim.

Assessing your losses

When assessing the claimant’s losses, they will need to be presented in terms of pain and suffering, mental anguish, impact on quality of life, and the loss of earnings, past, present and future. It will need to be demonstrated that these losses are a result of the negligence, not underlying medical conditions. These losses will be calculated by your solicitor, who will consult similar cases in the past and estimate an average pay-out. Any final calculation will of course take inflation into account.

The investigation

This is the lengthiest part of the claim process. Your solicitor will ask for your medical records, including any notes or details that were recorded at the time of the negligence. The solicitor will then put together a written statement containing the details of your claim, which you need to sign. It will then be forwarded to independent medical experts to assess the standard of care you received from your GP.

Once the best course of action has been settled on by all the parties, a formal Letter of Claim will be sent to the practice or doctor in question. The defendant then has four months to respond, either in form of an admittance that the details in the claim are correct, or a refusal of the case.

If they admit the claim, your solicitor can immediately begin negotiating a reasonable settlement. A settlement can be reached any time prior to the case going to court. If the value of your claim cannot be agreed in a timely fashion, then court proceedings may be necessary.

Get in touch for expert medical negligence advice

The process of making a medical negligence claim can feel long and convoluted, but the level of pay-outs can make it worth persevering. If you believe you’ve been a victim of GP negligence our team of experienced medical negligence experts want to hear from you. Get in touch today for confidential advice about your case.

Prostate Cancer Awareness

Posted on September 15, 2020September 15, 2020 by Mark Reynolds

Prostate Cancer is predicted to be the most common cancer in the UK by 2030 yet so many people have no idea that it is so prominent. Often a silent killer, it is a fact that Prostate Cancer claims the lives of over 11,000 men year by year and the bleak reality of this is that amounts to the death of one man every 45 minutes of each day.

Prostate Cancer UK conducted a survey which found that only 46% of the UK could identify where the Prostate is in the body and only a mere 12% of the UK population actually know what the prostate does, yet 1 in 8 men will get Prostate Cancer in their lifetime.

The Prostate is a small gland located between the bladder and the penis and it has a dual purpose to produce fluid that protects and forms part of semen.

Prostate cancer in the early stages may not cause any symptoms however as the cancer grows, unpleasant and painful symptoms that become present may include difficulty passing urine, a need to pass urine suddenly, blood in the urine, pain when passing urine and even erectile dysfunction.

To receive a medical diagnosis for Prostate Cancer, some of the tests that are carried out would normally include a physical examination of the prostate, a blood test and a biopsy

However, it is disturbing to discover that some men who present to their medical professionals with even classic symptoms are never referred for the appropriate tests or their treatment is not appropriately managed. It can be in these situations that death from the cancer then follows.

Prostate cancer and Medical Negligence

Patients may become subject to medical negligence both before and following their diagnosis of Prostate Cancer.

A delay in diagnosis could be negligent and may occur when the symptoms are mistaken for lesser conditions, blood tests are misread or blood tests show raised levels of prostate but this is mistaken for non-cancerous growth or a Urinary Tract Infection

It is also the case that medical professionals fail to perform a digital rectal examination.

As if it is not concerning enough that medical negligence can occur in failing to identify the cancer, it is also possible that negligence can occur after the diagnosis has been made.

This can happen in the following ways;

Through incorrect management of treatment as some forms of Prostate Cancer do not require treatment until or if the condition becomes worse however, this must be managed effectively or it may lead to a fatal outcome.
Insufficient or inappropriate treatment if the advancement of the Prostate Cancer is not identified
Surgical errors and mistakes
Excessive doses of radiotherapy and ultrasound treatment or treatment to unaffected areas

Most recently Angela Richardson of our Medical Negligence Team has been supporting the family of a patient who was never referred for the appropriate testing following repeatedly presenting to his medical practitioner with symptoms of Prostate Cancer. Unfortunately, the cancer spread out of the Prostate to the bones of the body and this was then only discovered at an advanced stage which was then too late. The patient sadly passed away.

Our team of Medical Negligence Experts at Mark Reynolds Solicitors identify when mistakes have been made and do our upmost to ensure that these mistakes are recognised by the negligent party.

Playing our Part in Raising Awareness

Prostate Cancer UK – March the Month

Here at Mark Reynolds Solicitors it is vital to us that we play a role in raising awareness for medical conditions as well as fundraising to support the research into better and quicker systems for their diagnosis.

For the whole of September 2020, our colleagues are taking part in the March the Month challenge, organised by Prostate Cancer UK.

The challenge involves hitting 11,000 steps per day, for the entire month, to represent the 11,000 brothers, fathers, sons and friends we lose each year to this awful disease.

Look out for updates on our website and Facebook page as to how we get on!

If you would like to discuss a possible medical negligence claim relating to Prostate Cancer or any other medical failure, please contact one of our medical negligence solicitors on 01925 418 004 or email info@markreynoldssolicitors.co.uk