Showing posts with label Compensation. Show all posts
Showing posts with label Compensation. Show all posts

Sunday, 22 April 2012

Claiming Compensation For A Misdiagnosis

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A lot of people fail to realise that medical negligence claims involve all sorts of cases, and misdiagnosis or wrong diagnosis is one of the most common types of negligence that is claimed for.

The misdiagnosis of symptoms or failure to diagnose a patient can lead to medical conditions becoming worse or in the worst cases, can be life-threatening. A delay in diagnosis or a misdiagnosis can deprive a patient of the medical treatment they need in order to help their condition.

A misdiagnosis can occur for a number of reasons - the medical professional may have made a genuine mistake, may not have had the adequate training, or might not have been giving their patient the full attention they deserved.

When you visit your GP with a medical problem, you are sent away with medication or referred to a specialist to get sorted. However, there are cases where patients have visited their GPs only to be told to stop being anxious as there are no serious problems only to discover later that they are seriously ill. Of course this is rare, but incidents like this do and can happen.

Examples of misdiagnosis, wrong diagnosis or failing to diagnose

Fractures

There have been previous cases where fractures have been dismissed as heavy bruising and the patients are sent away with an elastic bandage and pain killers. The patient then develops more severe pain so returns to the GP only to discover they do have a fracture and more damage has been caused as it should have been dealt with sooner. Some patients were required to have operations on fractures when they would not have previously had to if they had been properly diagnosed in the first place.

Cancer Misdiagnosis

Sometimes doctors will fail to diagnose a patient with cancer even if the patient has symptoms, or conversely the doctor will diagnose a patient with cancer when none is present.

If cancer is left untreated, it can spread, and treatments that might have worked originally, might not work if the cancer has become more aggressive. In cases where cancer is diagnosed by mistake, it can cause large amounts of stress and anxiety to the patient and to the patient's loved ones.

Medical malpractice is a sensitive issue and requires extensive knowledge of both the legal and medical fields. If you have experienced a misdiagnosis or wrong diagnosis, you should firstly seek help from the Citizen's Advice Bureau or Patient Advice and Liaison Services (PALS) and find out what your next steps are. Going through this process can be traumatic and by visiting these charities you will be given guidance on counselling and support, and be steered in the right direction of a specialist negligence lawyer who will be able to help you find out whether it's worth making a claim for misdiagnosis negligence. To claim for compensation you will need to prove your condition would not have occurred or worsened if you had been referred to treatment straight away. The process can be long and tiresome but worth it in the long run not only to financially secure yourself in the future but also to raise awareness for others who are going through the same problems.

Clair O'Hara is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including medical negligence solicitors.


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Claiming Compensation For A Mistake During Cosmetic Surgery

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The number of people going under the knife is increasing every year and as a result, the cosmetic industry is making huge money and the figure will continue to increase as cosmetic procedures become more common.

Why the increase?

Celebrity culture

Cosmetic procedures are increasing for a number of reasons. Nowadays more and more people are obsessed with celebrity lives and looking good, people (particularly women) read magazines where every page they turn they are presented with an airbrushed, unrealistic photo. People then feel these airbrushed celebrities are the norm and feel under pressure to look the same.

Fillers

As well as the "celebrity culture", there are more types of affordable procedures available that were unheard of ten years ago. These include fillers such as Botox, which has become extremely popular, and is an affordable treatment. These "filler" treatments don't involve going under the knife so aren't as drastic as surgery, but do help remove wrinkles and other imperfections, which is why they are so popular.

Affordable

Ten years ago, cosmetic surgery was only for the rich, but now more people than ever are undergoing surgery to enhance their looks. Popular companies offering daily deals are even getting in on the market and offering produces with dramatic price reductions: "Half price liposuction" or "70% off laser hair removal" seem to be among the most popular group-buying online deals.

Common cosmetic surgery complaints

Not being aware of the full implications of procedure: Your surgeon should be transparent and honest with you regarding all risks of your procedure. It is a legal requirement for your surgeon to give you time to weigh up your options before you go ahead with the surgery, should you still decide to after being told the risks and side effects.

Bad results: If you experienced pain during surgery, woke up from lack of anaesthetic, or your procedure did not turn out as expected, then you may have a cosmetic surgery compensation claim.

Severe scarring: In some cases, surgery will leave some scarring, but if the scarring is unsightly or abnormal then you may need to ask yourself whether the procedure was carried out correctly.

Surgeons

A reputable cosmetic surgeon will always make you aware of the risks involved in surgery and will offer you suitable alternatives that aren't as drastic as surgery. Your surgeon should also be fully-qualified. It's hard to believe but prior to April 2002, surgeons did not need to be qualified or on a register, so you may find some surgeons do not have the correct qualifications. Since April 2002, all surgeons are required to be on an official register.

Do you have a medical negligence compensation claim?

If you feel you've experienced medical negligence during cosmetic surgery you should firstly get in touch with your surgeon or the practice where the surgery was performed. In most cases, your surgeon will be aware of the mistake and will cooperate with you to give you the best possible solution. After all, the surgeon is only human and sometimes mistakes occur, but they should want to put it right and put you at ease. Your surgeon may offer corrective surgery with another surgeon, but if this doesn't happen, you may need to consult another surgeon or medical negligence lawyer for better advice.

Clair O'Hara is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including cosmetic surgery compensation.


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Claiming For Cosmetic Surgery Compensation

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Cosmetic surgery procedures are becoming more popular by the day and more people are choosing to go under the knife to feel better about the way they look. Men and women spend huge amounts of money on cosmetic surgery, which is an industry that makes billions every year, despite the current recession.

The most popular cosmetic surgery procedure by far is breast augmentation and women have 90 percent of all cosmetic procedures in the UK. Among the men who take up the other 10 percent, rhinoplasty (nose surgery), liposuction and gynaecomastia (man boob reduction), are the most popular procedures.

More and more private surgeries are popping up due to the increased demand in cosmetic procedures, and although most private surgeries are reputable and run by fully-qualified professionals, there are occasional horror stories where you hear about surgeons getting their patients in and out as quickly as possible to make as much money as they can. It's important to remember that every surgeon should provide their patients with the expected level of care.

A cosmetic surgeon should:

Be qualified: You should do the appropriate research to make sure your surgeon is fully-trained and qualified to perform cosmetic surgery procedures. Bear in mind that prior to April 2002, training was not a legal requirement, hard to believe, we know. Make sure you can get your surgeon to provide the necessary documents so you know they are reputable.

Be clear with the benefits and risks of the procedure: Your surgeon should properly inform you of all the risks of the procedure and should not give you unrealistic expectations, "This surgery will change your life" - the surgery won't change your life but it may give your self-confidence a boost.

Give you time: the surgeon should allow you space to think about whether you want to go through with the surgery once you are aware of all of the risks. Undergoing cosmetic surgery is a big decision and should be thought through thoroughly.

Make you aware of the alternatives: Your surgeon should make you aware of any alternative procedures that could help you so you don't have to undergo surgery.

Cases include extreme or unsightly scarring, lopsided breasts from breast augmentation, nerve damage from facelifts and a perforated bowl from incorrect procedures during tummy tucks.

All cosmetic surgery procedures carry risks and complications and if something has gone wrong, it doesn't always mean you can claim compensation. Some operations will leave unsightly scarring, but in most cases, you will have been informed of this before you chose to have the operation. You will need to prove the level of care fell below what is expected in order to claim for cosmetic surgery compensation. If you feel you have been treated during your cosmetic surgery procedure, you should contact a specialist lawyer to help you with your case. Medical compensation cases can be traumatic, especially if you've experienced physical and psychological damage, contacting a specialist will ensure you are properly looked after and given the right guidance regarding your claim and other support you may need.

Clair O'Hara is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including cosmetic surgery compensation.


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Compensation Claims For Anaesthetic Mistakes

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Anaesthetic complications are very rare, especially in our day and age where doctors and surgeons are fully trained in administering and injecting anaesthetic.

The most common case of medical negligence compensation regarding anaesthetics is Anaesthetic Awareness - the term given to regaining some form of consciousness during surgery under general anaesthetic. If a patient has not been administered an adequate dosage of anesthetic before an operation, they might end up regaining consciousness during a surgical procedure causing them a lot of physical and psychological stress. There are cases where the patient has been given enough paralysing agent to be unable to move or speak but to be conscious enough to know what's happening to them.

There are also cases of over-dosage of anaesthetic, which in the most serious cases can lead to brain damage or death. Of course these situations are extremely rare, but they do happen, and if they have happened to someone close to you, it's important to know the steps you can take to claim compensation should you need any support.

Administration of aneasthetic requires specialised training and certification and all aneasthetic procedures should be noted and recorded for medical evidence. Complications have been known to occur in cosmetic surgeries and dental practises because the patients are under general anaesthesia and there are no trained anaesthesia staff present.

Making a clinical negligence claim can be very difficult, especially in cases where you need to supply lots of evidence during a traumatic time for you or a loved one. It's important that you find a specialist medical negligence lawyer to assist you with your claim and to give you all of the necessary support available to you. Not only will the lawyer be able to help you with your claim but they will also be able to give you relevant contacts for support and counselling as anaesthetic complications can cause major physical and psychological distress.

When making your claim it will be necessary for you to collate all medical evidence, and of course, the more evidence you have, the better the chances are of you receiving compensation. You will need to show in your evidence that the level of care fell below what is expected and you'll need to prove this negligence is the result of your injury or condition.

You will be entitled to different types of compensation. The first is financial compensation for the pain and suffering caused during the procedure and this is known as loss of amenity. The second is special damages compensation and this covers you for all of your expenses over the time of your claim - you should keep all receipts of any expenditure during this period, for example, travel costs that have incurred travelling back and forth to hospitals and various solicitors or sources of help.

Anaesthetic malpractice is one of the most difficult types of negligence to prove because at the time the patient is in a state of sedation, so the only evidence lawyers can rely on is word of mouth from both the patient and the doctors, and previous medical records. This is why it's so important to find a specialist lawyer who will be able to help you with your claim and everything that surrounds it.

Sari Shaw is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including anaesthetic compensation.


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Claiming Compensation For A Cosmetic Surgery Mistake

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Cosmetic surgery procedure numbers are increasing every day and more people than ever are choosing to go under the knife to enhance their looks. Both men and women are spending vast amounts of money on expensive cosmetic procedures making the cosmetic industry millions of pounds every year - and that number is continually increasing.

The increase in popularity of cosmetic surgery has led to an increase in more private surgeries. The majority of these surgeries are reputable and have fully-trained professionals who look after their patients. However, there are private surgeries popping up and they tend to be more interested in taking your money than looking after you properly during your procedure.

With so many deals and offers in circulation, especially online, for Botox treatments, teeth whitening and liposuction; cosmetic procedures are more easily accessible to people who may not have been able to afford them before.

Going through with surgery is a personal decision that should not be taken lightly, no matter what the type of treatment is. In most cases, your surgeon or therapist will inform of you of all of your options and of any risks or complications with your procedure. By law, you must then be given the time to go away and think about whether you want to go through with your procedure, and make an informed decision. The majority of cosmetic surgeries are all above board but unfortunately, some surgeries are more concerned with taking your money than looking after your welfare.

If you think you weren't given the care you are entitled to before, during, or after a cosmetic procedure, you may be able to claim for cosmetic surgery compensation. Below are a few of the most common types of medical negligence compensation that people have claimed for against a cosmetic procedure:

Fillers (Botox)
Fillers are chemicals that are injected into the skin to change your appearance. Botox is one of the most common procedures carried out in the UK. To become a botox therapist all you need to hold is an EU patent, and most people can get one of these. Unfortunately, accidents occur when the Botox therapist isn't fully-trained. Those who regularly have Botox injections tend to forget it contains the poisonous chemical Botulinum, and if used incorrectly it can result in severe headaches, allergic reactions and paralysis of the wrong facial muscles.

Breast Augmentation
Another common procedure that if not performed correctly can leave you with severe scarring, lopsided breasts, bleeding, desensitisation in the nipple area and implant ruptures.

Facelifts
If facelift surgery isn't carried out properly you can be left with scars and damage to facial nerves.

Tummy-tucks
Tummy-tucks and liposuction have become a lot more popular since cheap deals have surfaced, so more people are going under the knife remove sagging skin and stretch marks. As a rule, this is a safe procedure with minimal risks but it is invasive surgery and there are cases where mistakes can happen.

All cosmetic surgery procedures carry risks and complications, and just because something has gone wrong, it doesn't mean you have a right to claim. You have to prove the level of care fell below what is expected in order to claim for negligence compensation. If you feel you have a case, you should contact a specialist lawyer to help you - claiming for cases such as these can be traumatic if you've experienced physical or psychological damage, so it's important you know the help that is available to you.

Sari Shaw is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including cosmetic surgery compensation.


View the original article here