Archive for the ‘Medical Negligence’ Category

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.

NHS Dental Negligence Claim: Loss Of Teeth Root Infection Compensation

Friday, October 11th, 2013

UK solicitor explains how to make a claim for dental negligence following the loss of teeth and infection from misdiagnosis and a failed dental procedure by an NHS dentist

Dental negligence victim question:

Approximately 5 months ago I went to the dentist with a dental pain at the back of my mouth in my lower jaw. My dentist examined me and removed my back molar in my lower mouth on the left hand side.

When the anaesthetics wore off – I was still in pain as before the procedure. My gum then became inflamed and on returning to my dentist he informed me I had developed an infection and was given antibiotics.

My dental pain continued so I went back to the dentists and another dentist at the same NHS practice. This dentist removed the next tooth along (I believe another molar).

Whilst the dentist was removing my tooth – he exerted so much pressure on my upper body that I had to ask him to stop temporarily. He was exerting this force so that he could tug at the tooth.

Eventually he managed to remove the tooth, but again my pain continued, I also had chest pain from the force he had used and I still had an infection and was given further antibiotics.

I was told by my boyfriend that my complexion was turning yellow, which I have found out was due to the infection.

I decided to go to another dental practice. The new dentist took some x-rays and was shocked as to what he saw. He explained the roots had been left in for both of the teeth when they had been extracted, which was causing the infection.

He also explained that I had a wisdom tooth growing, which was the cause of the pain – so the two teeth should not have been extracted in the first place.

I now have to go to hospital to have an operation to remove the roots of the teeth.

I would like to make a claim for the dentist errors and the pain and suffering I have experienced not to mind the loss of two healthy teeth.

Dental negligence solicitor response

The first thing you should do as a patient who has experienced a problem with an NHS dental practice is to make a complaint via the NHS patients’ compliant procedure.

This is not a legal step, but nonetheless a necessary one.

To do this you should telephone the NHS dental practice to find out their patients’ complaints procedure. It differs from practice to practice – you will typically be given a name and address to right to or be given a standard form to complete.

Here you should set out as a patient why you are dissatisfied with the service you have received.

I recommend you put all of your complaints in a numbered list so as to ensure you have a proper response to each and every point. Once you send your letter – the NHS dental practice will acknowledge receipt and give you a date by which they will reply in full.

In tandem with that complaint – a dental negligence claim can be commenced against the NHS dental practice as it seems quite clear that errors have occurred.

If the dental practice does not accept liability then an independent medical report from a dental expert instructed by your solicitor will be required to prove that negligence has occurred. This expert will look at your dental notes. x-rays and examine you.

He will then produce a report setting out whether negligence has occurred.

Free online specialist solicitor legal help

If you would like to speak to me in person free of charge or commence a claim online for your dental injuries click NHS dental negligence compensation claim.

Bleeding On Brain NHS Hospital Negligence Claim: Fall Out Of Bed Following An Operation

Wednesday, February 27th, 2013

UK clinical negligence solicitor sets out how to claim compensation for the death of a spouse following a fall out of a hospital bed following an operation

Medical Negligence Victim Question

My wife fell out of bed at night in an NHS hospital following an operation on her kidney. She was unconscious at the time following the operation and the no security bars were put around the bed to prevent accident. She banged her head quite badly.

It was 24 hours after her fall that she was sent for a scan and it was revealed she had bleeding on the brain. An emergency operation took place at the hospital, but she suffered complications and died.

We have three young children and I would like to know if my children and I can claim compensation from the hospital NHS trust for my wife’s death?

NHS Hospital Negligence Solicitor Response

It is quite possible that the NHS Trust will be considered at fault for your wife’s accident and subsequent death.

She was under the care of the hospital and whilst in a vulnerable state she was not made safe such that she fell out of the hospital bed. In addition the hospital should have checked her head immediately following the fall especially when a bang to the head occurs.

The examination and scan would have identified the problem and could have prevented the problem becoming life threatening.

As the husband you will be entitled to claim compensation from the NHS Trust. This can include different elements including a sum for the pain of the loss of your wife (bereavement compensation), a dependency claim (if anyone was dependent on your wife’s income) and your wife’s funeral expenses.

If you would like to commence a claim for compensation for your wife’s death with a specialist hospital negligence solicitor or to speak to me in person about the accident click bleeding on the brain fatal hospital negligence claim