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How can a personal injury solicitor help me?

Posted on 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.

Patient in hospital bed

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

Posted on 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 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.

ribbon

Breast Cancer Awareness Month

Posted on 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 23rd 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

Iv Drip Inserted In Patient's Hand

Iron Infusions causing Permanent Staining

Posted on 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

Doctor supporting person

What is the process for suing my GP?

Posted on 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 poster

Prostate Cancer Awareness

Posted on 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

Sepsis also known as blood poisoning

Sepsis Awareness Month

Posted on by Mark Reynolds

13 September 2020 – World Sepsis Day

What is sepsis?

For good reason labelled The Indiscriminate Killer, Sepsis is a potentially life threatening condition caused by the body’s response to infection that many of us believe to be something so tragic and so distant to never be likely to affect us.

The Royal College of Nursing have acknowledged that the number of people developing Sepsis per year is on the rise, with around 123,000 cases per year in England alone and sadly 37,000 deaths associated with the condition. It is even more chilling to learn of research that reveals that approximately 10,000 of these deaths could have been prevented each year.

Due to the prominence of this increase and the lethal nature of the condition, awareness of the types of symptoms to look out for is vitally important, especially following surgery, injury or infection. 

Sepsis happens when the immune system overreacts to an infection or injury and begins to attack the body’s tissues and organs. We have all too often heard of Sepsis being referred to by its trading name of ‘blood poisoning’.

The Sepsis Trust provide a detailed account of the kind of situations in which Sepsis manifest and reveal itself as the body’s response and such situations include chest infections causing pneumonia, urine infections in the bladder, problems in the bowel such as when an ulcer has burst, an apparently simple and innocent cut to the finger, a bite and many more occurrences where skin or body tissue has been broken, ruptured or affected.

The initial symptoms of Sepsis are commonly similar to those of Flu or Gastroenteritis. The symptoms also mimic those of a chest infection. In adults, these symptoms and signs may develop into confusion, slurred speech, blue, blotchy or pale skin, pale and or discoloured lips and tongue, a simple rash or difficult or abnormal breathing.

Sepsis and Medical Negligence

Time and experience has told us that Sepsis can be difficult for any person to identify due to the wide range of possible symptoms, and so it is of crucial importance that those we rely on for our medical care do investigate and diagnose Sepsis promptly to ensure that there is no delay in treatment and such treatment can then be properly monitored and managed.  

Our Medical Negligence Solicitors can recognise when a patient has been failed by a medical professional when Sepsis becomes apparent and present. The ways in which such failures might occur include;

  • Failure and or delay of recognising symptoms of Sepsis
  • Failure to provide treatment in a timely manner
  • A medical mistake during surgery causing the patient to develop Sepsis
  • Failure to monitor appropriately

It is the job of our team to support the patient and their families through these very difficult times and to do our upmost to see that these failures are recognised.

Most recently, Laura Bauress who is one of our very experienced Medical Negligence Solicitors, advised and gave legal assistance to a patient whose bowel was injured by mistake during surgery resulting in a leakage into the abdomen and subsequently causing Peritonitis and Sepsis. This then led to multi organ failure and the patient was left in critical condition.  Laura is now supporting the patient with their claim against the negligent hospital.

If you would like to discuss a possible medical negligence claim relating to Sepsis or any other medical failure, please contact one of our medical negligence solicitors on 01925418004 or email info@markreynoldssolicitors.co.uk

How to make sense of a loss of earnings claim

Posted on by Mark Reynolds

One area of law that always seems to lead to confusion is that of loss of earnings.  The process can at first look complicated and off-putting. It’s actually more straightforward than it first appears but there are some key points to consider.

What is a loss of earnings claim?

Loss of Earnings

After injuries, loss of earnings can be one of the most critical effects of an accident. In an instant, lives can be transformed. As well as coming to terms with what can be life changing injuries and the emotional consequences, victims are also faced with worries about how to support themselves and their family.  It’s not just life changing injuries either.  Lots of injuries from which you will ultimately recover can force you to stay off work for months.  As a result, loss of earnings is a common component of a personal injury claim.

Most claims are relatively small, but some can be sizeable. In these more sizeable claims, it’s not just losses already incurred that are covered, they also take into account losses which are ongoing.

Working out your lost earnings

If you want to make a claim for loss of earnings it’s important to fully work out how much income you’ve lost and how that can be proven. It’s not just about the total on your payslip or tax return.

A claim for lost earnings will be based on your ‘take-home pay’. This is the amount you would normally receive after deductions for tax and national insurance. This is known as your ‘net earnings’.  Your income before deductions is known as your ‘gross earnings’.  Loss of earnings claims are based on net earnings rather than gross because if you were to receive compensation based on the latter you would in effect be making a profit from your injury.  It becomes more complicated where other deductions such as pension contributions are concerned but a legal professional will be able to advise on individual circumstances.

Sick Pay

Most people forced off work due to injury will receive some form of sick pay. This means that working out loss of earnings is rarely about calculating your daily rate and then multiplying it by how many days you had to be absent.

As an absolute minimum you should expect to receive Statutory Sick Pay (SSP). Your employer may also pay an additional sum on top of this as part of your terms and conditions of employment. Any money you receive will be deducted from your net earnings amount as part of a claim.  If for instance you received SSP of £95.85 per week and your employer topped this up by another £100 a week a weekly amount of £195.85 would be deducted from your net earnings.

Other lost income

Lost income is rarely just about your monthly net earnings, however. There may be bonuses, commission or regular overtime to consider. These can usually be recovered as part of any claim.

Self-employed claims

If you’re self-employed, a contractor or freelance, piecing together a loss of earnings claim can be more difficult. Variable hours, working for a number of employers and erratic working history means that a claim will usually involve a more complicated procedure.  Good record keeping is key for self-employed workers particularly those who work in industries where workplace industries are more common. The more financial evidence you have in terms of tax and bank statements, the more likely you are to succeed.

The evidence you’ll need to make a claim

It’s important to start gathering evidence to support your claim as soon as possible after the accident took place.  Most cases are straightforward and require little more than providing payslips that cover 3 months or 13 weeks before the accident. This will be used to illustrate what you were earning before and after the accident. For overtime and other bonuses, it can be useful to look at the ongoing payslips of colleagues on the same pay grade. These can be used as evidence to support your claim.

Future loss of earnings

If you’re unlikely to return to work before your claim is concluded, a consideration will have to be made for future loss of earnings. This will be based on the medical evidence and the overall prognosis for recovery.  If your injuries are severe it will be necessary to work out when you were likely to retire and then make a calculation for all the months and years of income you have lost. If this is a considerable amount of time, then factors like possible promotion will be taken into account.

Things you can do to help your claim

By taking a few steps at the beginning of your claim you can help to make the process easier.

  • Keep any payslips during your period of absence. This helps with working out what your earnings were while you were off.
  • Find the payslips that illustrate what you were earning for the 13 weeks before your accident.
  • Keep a record of your life during your absence. Did you attempt to return to work? Were you forced to miss planned holidays?
  • Keep a record of any payments you receive during your absence such as a pension or state benefits. The former is unlikely to be taken into consideration, the latter might be.
  • If your absence is prolonged, write down how you expected your career to progress. Was promotion likely? Were you working towards any courses that would facilitate this? Is there a pay scale at work that you were moving up to?
  • If you have been able to return to work, how have your duties been affected? Can you still work overtime? Is promotion now less likely? These factors can all influence the size of any payout.

Making a personal injury claim needn’t be a complex or confusing process. Mark Reynolds Solicitors can help you gather evidence, build a case and make a successful claim. Why not call us or fill in the contact form for free impartial advice today?

Personal Injury and Clinical / Medical Negligence Lawyer

The Myths About Personal Injury Claims

Posted on by Mark Reynolds

If you believe the headlines you might be forgiven for believing that we’re a nation that’s quick to claim compensation if we suffer a personal injury. In fact, all those adverts for companies encouraging people to make a claim are actually telling a different story. The personal injury market in the UK is fairly small and companies are chasing the same people.

The data provided by the government illustrates that claims have been falling over the previous few years. In 2017 the number of settlements recorded by the Government Compensation Recovery Unit was 1,013,490. In 2018 this fell to 894,563. It fell again in 2019 to 853,259 . This figure is believed to represent just a fraction of the number of people who are entitled to make a claim and could do so successfully.

Brits don’t like to make a fuss

British people are slow to make claims even when they’ve suffered serious injury. Data gathered over a number of years all points to the same key trends. While a quarter of Brits say they would be likely to make a claim, over eighty per cent believe other people are right to do so. While the ending of legal aid for personal injury claims some years ago reduced the number of claims, other factors also play a part in public attitudes.

So why is there such a mismatch?

There is no ‘compensation culture’

Media coverage of personal injury claims tend to focus on non-representative cases. It rarely touches upon the daily hard work of securing adequate compensation for people who have suffered life changing injuries. These people are now having to deal with the emotional, financial and employment consequences of their injuries. This mismatch between reality and the media story can serve to make claimants look greedy or somehow deceitful. This is an unjust characterisation based on distortions of the data. Compensation is simply about ensuring that people who have had an accident are able to rebuild their lives.

Fear of going to court

There’s a widespread belief that personal injury claims mean you will have to go to court. This provokes an understandable fear that puts people off making a claim. In fact, the overwhelming majority of cases are settled without going anywhere near a courtroom. On those rare occasions when a claimant has to visit court, they will have a specialist solicitor on hand to guide them. Your solicitor will be upfront about the likelihood of this being needed from the very beginning, meaning you have the chance to make an informed choice.

Making a claim is costly

Many people fear hefty upfront costs for launching a claim and the removal of legal aid support for personal injury claimants only served to reinforce that belief. They also fear that if their case is unsuccessful, they’ll have to pay solicitor fees that they cannot afford. With no-win, no-fee claims the process is risk free for the claimant. If the personal injury solicitor does not think your claim is likely to succeed, they’ll discourage you from making a claim. Only if you win do you pay a percentage of the final settlement to the solicitor who acted on your behalf. The level of this will be discussed and agreed upon before the claim is made.

Personal injury claims are complicated

Any kind of legal matter is often believed to be complex. This is particularly so in relation to personal injury claims. The process is in fact reasonably straightforward and you will not be left to make sense of it on your own. Your solicitor will take you through the procedure step by step, explaining in a completely jargon-free way how a claim works. If we can’t take on your case, we’ll make sure you understand why in clear language.

You can lose your job if you make a personal injury claim

This is one of the biggest fears of people who could be in a position to make a personal injury claim. They worry that an employer might look to get rid of an employee who makes a claim following an accident in the workplace. This would in fact be illegal. There are strict rules governing dismissal and it’s illegal for an employee to be either dismissed or treated unfairly as a result of a personal injury claim. Any employer who acted in such a manner would be liable for further legal action. In reality however, many employers express remorse for workplace accidents that involve valued members of staff and can be keen to ensure a just and fair settlement. A personal injury claim should find a fair outcome that both employee and employer can accept.

A big company will always win against the little guy

There’s a widespread belief that somehow large companies have the law in their pockets and are always likely to win when it comes to personal injury claims. In fact, some of the biggest companies in the UK have settled personal injury claims and are treated no differently to a local corner shop or window cleaning business in the eyes of the law. England and Wales has some of the most detailed and comprehensive laws in the world covering any number of different scenarios. It doesn’t matter if your employer is a FTSE 100 listed company, the local authority or a small business, the laws are there to provide us all with adequate protection. 

Personal injury payouts are taxable so it isn’t worth it

Another myth we often hear is that personal injury payouts are subject to income tax. This is not the case. Compensation is completely exempt from income tax.

Talk to a professional

Unfortunately, widespread myths prevent many people from even making an initial phone call or from sending an email. A legal professional well versed in personal injury claims will be able to advise you how best to proceed. It’s important to put the myths to one side to ensure that you’re not missing out on compensation to which you are legally entitled.

We offer free, impartial advice about personal injury claims. Why not call us or fill in our contact form today?