Medical Negligence Causing Mother’s Death During Child Birth: How Long To Claim

Tuesday, December 6th, 2016

Time Periods For Children To Claim For Fatal Clinical Negligence

Child Of Clinical Negligence Victim Question

My mother died at hospital whilst giving birth to me. I am 17 years old and I have only recently found out that there were some hospital errors which caused her death.

I was brought up by my grandparents – my father having passed away 6 months after my mother’s death. No claim was made at the time of my mother’s death.

Am I too late to make a claim for her death?

Clinical Negligence Solicitor Response

A claim for compensation for negligence has a statutory limitation period. This period sets out the maximum time period you have to commence a claim at court before it is too late to claim and you are statute barred.

At the time your mother died you were a baby and as such classed by law as a minor (under the age of 18 years). Usually there would be three years from the date of your mother’s death to make a clam – but as you were a minor you have three years from the date of your majority (18th birthday) to make a claim.

In other words – you have until your 21st birthday to commence a claim at court before it is too late to claim.

At 17 years of age you are still technically classed as a minor in England and Wales and as such cannot make a claim in your own right without an appropriate adult acting as a litigation friend and providing instructions on your behalf (at the age of 18 years you can provide instructions in your own right).

Please note that the age of majority varies from country to country in the UK. In England and Wales it is 18 years of age – in Scotland it is 16 years of age.

To see an article I have written explaining the three year rule in detail with exceptions to the rule – click how long to claim for personal injury.

To see the types and amounts of compensation that can be claimed as a result of negligence leading to death of an individual click fatal accident claims how much.

How to claim for fatal clinical negligence

It is important that you (or an adult who can provide instructions on your behalf, such as one of your grandparents) contact a specialist solicitor as soon as possible to discuss the circumstances surrounding your mother’s death to determine the possibility of making a fatal clinical negligence claim.

Click how long to claim for fatal clinical negligence to contact me direct to discuss making a medical negligence claim.

Hip Replacement Injury Claim How Much? UK Average Compensation Payouts

Wednesday, August 3rd, 2016

Hip Replacement Injury Claim: UK solicitor explains the amount of compensation you can claim for a total hip replacement following an accident in a supermarket

HIP INJURY VICTIM QUESTION

I went out shopping with my husband at a local supermarket. We paid at the counter and were approaching the exit when my feet went from under me and I landed heavily full on my left hip.

The floor was tiled and was wet and there were no wet floor warning signs about the danger. My husband assisted me, called a member of staff from the store who in turn called an ambulance.

Whilst we were waiting for an ambulance wet floor signs were put out by supermarket workers and an entry was made in the accident book. We were told a customer had spilt some yoghurt on the floor earlier and the area had been mopped by staff, but signs had not been put out.

My hip was in great pain and when I got to hospital I was told that my hip was fractured in several places and a total hip replacement was necessary.

I was in hospital for several weeks and I have been unable to work since the accident.

Do I have a claim compensation from the supermarket and if so how much compensation can I claim for a total hip replacement?

SPECIALIST PERSONAL INJURY SOLICITOR RESPONSE

It seems clear from your description of the accident events that you would have a strong claim against the supermarket. The clear danger of a slippery wet tiled floor was caused by a supermarket worker who clearly failed to follow the correct procedure of putting out wet floor signs to warn customers to avoid the wet area.

An employer is responsible for the negligent acts of its workers through a legal doctrine known as vicarious liability and as such the claim would be made against the supermarket (and the supermarket’s insurers).

Compensation amounts for a total hip replacement

Personal injury compensation claims are divided into two parts: compensation for pain and suffering for the actual injury itself (fractured hip leading to a total hip replacement) and compensation for financial losses and expenses incurred as a direct result of your accident (including lost income, medical expenses, care and assistance in the home, travel expenses, etc.).

In 2016 examples of average compensation payouts for pain and suffering are:

Total hip replacement claim

The average payout amounts for a total hip replacement with no ongoing problems is between: £10,000 – £22,500

Hip replacement with small permanent disability

The amount of compensation you can claim if you are left with a small but permanent disability following a hip replacement is: £22,500 – £33,000

Hip replacement needing further surgery

If your hip replacement is unsuccessful and leads to disability which will require further surgery the average compensation payout you can claim is between: £33,000 – £44,000

Most serious hip injuries

Click hip injury compensation to see an article I have written with examples of how much you can claim for the most serious hip and pelvic injuries.

How to claim compensation for a total hip replacement

Should you wish to speak to me in person or need specialist solicitor assistance with making a hip replacement claim click total hip replacement compensation claim.

Foundry Worker Fettling Injury Claims: Hearing Loss Siderosis VWF

Friday, July 29th, 2016

Industrial injury solicitor explains how a metal foundry worker can claim compensation for injuries caused in the fettling process including: tinnitus, noise induced hearing loss, lung disease / Siderosis and vibration white finger

Foundry Worker Industrial Injury Victim

I worked in several metal foundries for 30 years as a fettler – working primarily with cast iron and aluminium (sometimes bronze and brass). The last foundry I worked in produced galvanised steel castings.

I worked initially in Newcastle and Sunderland and then moved to a foundry in Nottinghamshire.

During the foundry fettling process I would use various different tools and machines, including: disc grinders, air drills, hammers and chisels, files, linishing machines, knives and scrapers

The machines produced a lot of noise, vibration and gave off a lot of dust. In many of the foundries – breathing protection was not provided and extraction was poor. Rarely was any hearing protection provided.

I noticed a problem with my hands before I stopped work 10 years ago – they were painful in the cold and the tips turned white.

Over the last couple of years – I noticed a buzzing in my ears especially at night when it is quiet. I also was feeling short of breath.

I went to see my GP – 6 months ago with all the symptoms and he has sent me to see a number of specialists.

I was initially diagnosed with COPD for my breathing, but with further testing and scans I was told that I had an occupational lung disease, which the doctors called Siderosis.

My hearing was tested and I was told that I had significant hearing loss from noise. The buzzing in my ears was tinnitus.

Finally – I am waiting to see a vascular surgeon for my hands, but my GP suspects that I am likely to be suffering from VWF.

As my work as a fettler finished 10 years ago – is it too late to claim for my injuries?

I also suspect that the many of the foundries I worked for are no longer in business.

Industrial Injury Solicitor Response

The types of condition (industrial deafness, occupational lung disease and VWF) you have experienced are very typical for foundry workers during the fettling process using the tools you have described – most notably disc grinders, linishing machines and air drills.

The time period to issue a claim at court before it is too late is generally three years from the date of injury or knowledge of injury (the last date of knowledge being the date of diagnosis).

Looking at each condition in turn:

Industrial deafness / occupational noise induced hearing loss:

Exposure to excessive noise without hearing protection will progressively cause damage to your hearing. When you are younger and your hearing is stronger, so despite damage being caused you are unlikely to have appreciated any hearing loss symptoms.

As you become older, your hearing deteriorates with age and it is only when the combined effect of noise induced hearing loss and hearing loss from the ageing process is large enough that you will start to experience symptoms, which include tinnitus (a buzzing or ringing in the ears), struggling to hear conversation when there is back ground noise, etc.

Testing will include a hearing test by an audiologist – the results are plotted out onto a graph known as an audiogram, which is then interpreted by an ENT. An audiogram can distinguish between hearing loss from noise and from age / other causes.

Your date of knowledge can run from the date that you first sort assistance from your doctors for hearing problems – the latest date typically is the date of your hearing test.

Industrial lung disease:

Exposure to metal dusts can be very harmful to your lungs and depending on the dust you are exposed to will often define the condition you are diagnosed with. Siderosis is the damage caused by inhalation of iron dust. COPD is a much more generalised condition.

Lung damage can initially be asymptomatic (not producing symptoms) and it can often be years or even decades later before symptoms present themselves.

Date of knowledge for such conditions is typically date of diagnosis by a specialist.

Vibration White Finger:

This is a condition caused by damage to the blood vessels, nerves, muscles and joints from prolonged used of hand held vibrating equipment.

Symptoms of this condition typically commence at the time of exposure or within 1 year thereafter. Your date of knowledge of injury will depend on a number of factors, including when you first sort medical assistance and when you were diagnosed.

From your description – I believe that there is a good chance that you would still have a claim for industrial injury against your former employers. If the foundries are no longer in business – the insurer at the time could be traced to meet the liability of the foundries.

Making an industrial injury claim: industrial deafness, occupational lung disease and VWF

Industrial injury claims caused from working as a fettler can be quite complex, so I recommend that you act as quickly as possible.

Click metal foundry fettling injury claim to complete my online form or call me direct on the number shown next to my photograph to discuss your industrial injury claim in more detail.