Clinical Negligence Claims

Clinical Negligence Compensation SolicitorsOur experienced clinical negligence solicitors offer victims of medical negligence a free consultation to assess their eligibility to claim compensation. To talk to us in confidence about our ‘no win, no fee’ clinical negligence claims service, phone us on 0800 083 5500.

Blackwater Law are able to offer immediate legal advice and representation from our office in Essex, and our team of clinical negligence solicitors have the right experience and expertise to guide you through the legal process of claiming compensation for medical negligence and accidents.

Medical Accident & Clinical Negligence Claims

The long-term effects of clinical negligence on an individual can be catastrophic, often having a lasting impact on the affected person’s life. At Blackwater Law our mission is to help you claim the compensation that you are entitled to for any medical negligence or accidents that you suffer, including injuries caused during birth, surgical errors or late diagnosis of cancer.

Experience counts for everything when building the strongest possible case for your claim for clinical negligence compensation, and at Blackwater Law we have a highly respected team of clinical negligence solicitors. Christopher Livingston, Jason Brady and Anna Watson all have vast experience in the field of ‘no win, no fee’ clinical negligence claims.

Our team of personal injury lawyers have over 45 years’ experience of helping victims of medical negligence claim the compensation that they are entitled to. Between them, they have achieved individual case awards of up to £2.9 million. All of our clinical negligence solicitors are members, litigators and senior litigators approved by the Association of Personal Injury Lawyers (APIL).

Examples of Clinical Negligence

Birthing Injuries

Birthing InjuriesUnfortunately, injuries caused during birth can and do happen, and the results of such injuries can have a devastating effect on both the child and the parents. Some of the more common birthing injuries include cephalohaematomas, brachial plexus injuries, damage to the cranial nerve and injuries to the spinal cord. Such injuries can be as a result of misdiagnosis before birth, surgical complications during the birth or can even happen after the baby has been born.

Medical Misdiagnosis

Medical MisdiagnosisIf your doctor has misdiagnosed an injury or illness, or a medical professional has incorrectly assessed your medical condition and provided you with incorrect information, you could be entitled to claim clinical negligence compensation as a result. So whether you have cancer that was misdiagnosed or a fracture that was incorrectly assessed and treated, we may be able to help you claim compensation to help make up for the pain and suffering that you have endured.

Late Diagnosis of Cancer

Late Diagnosis of CancerAccording to a recent report commissioned by Cancer Research UK, almost half of cancer patients are diagnosed too late. This usually means that the disease has spread, making it less treatable and therefore reducing the patient’s chances of survival. If you have received a late diagnosis of cancer and the cancer has grown or spread as a result of this late diagnosis, Blackwater Law have the necessary knowledge and experience to put forward the strongest possible case for clinical negligence compensation on your behalf.

Cancer Misdiagnosis

Cancer MisdiagnosisCancer misdiagnosis can occur when non-cancerous medical conditions are falsely diagnosed as cancer, or when cancer patients do not receive a proper and timely treatment as a result of an incorrect assessment of their condition. Although advances in medical knowledge and technology mean that instances of cancer misdiagnosis are thankfully not as prevalent as they once were, mistakes are still made. The psychological effects of a misdiagnosis can be traumatic and can have a devastating effect on both you and your family.

Unnecessary Medical Delays

Clinical negligence doesn’t just extend to misdiagnosing potentially life-threatening illnesses such as cancer; it can encompass any physical or psychological injuries caused as a direct result of unnecessary medical delays too, such as a perforated appendix caused by failure to diagnose appendicitis. In such instances, our clinical negligence solicitors will assess what, if any, damage was done as a result of the delay, and help you claim the compensation that you are entitled to.

Surgical Errors

Surgical ErrorsAlthough the vast majority of operations and medical procedures are successful, patients can still find themselves the victims of medical negligence when an error is made during surgery, and their lives can be adversely affected as a result. If you have been harmed by the negligence of a surgeon, you may be able to make a clinical negligence compensation claim as a result. Blackwater Law are experts at fighting for justice on behalf of surgical error victims and can provide all the legal advice you need.

Anaesthetic Awareness

Anaesthetic AwarenessPatients who experience anaesthetic awareness are suddenly conscious and aware of the painful surgery that they are undergoing, and the psychological effects of such an experience can be long-lasting and crippling. If you have suffered from anaesthetic awareness during a surgical procedure and believe that your anaesthetist was negligent and failed to take proper care of your medical welfare, our medical negligence experts can provide you with the legal guidance you need to pursue a clinical negligence compensation claim.

Failed Sterilisation

Failed SterilisationAlthough a failed sterilisation procedure can be the result of a perfectly natural occurrence, it can also be the result of clinical negligence as well. The most common method of female sterilisation used in the UK is to apply one or two clips (called Filshie clips) to each Fallopian tube (the tubes which carry a woman’s eggs from the ovary to the womb). If these clips are not attached correctly then they can slip off, resulting in an unwanted pregnancy.

Hip Replacement Errors

Hip ReplacementsOver 70,000 hip replacements are performed on the NHS alone each year, and the vast majority of operations go according to plan. However, complications resulting from metal-on-metal hip replacements are quite common, and if you have received such a hip replacement and are experiencing pain in the groin area or difficulty walking, you should contact our medical negligence solicitors as you may be entitled to clinical negligence compensation.

Dental Negligence

Dental Dental NegligencePoor dental treatment and mistakes made by a dentist can cause significant pain and discomfort for patients of both NHS and private practices, and can lead to time off work and cause emotional and physical stress. Types of dental negligence range from inadequate root canal therapy and failed implants to poorly fitted crowns and inadequate fillings. If you have experienced problems after receiving dental treatment, our personal injury lawyers will investigate whether or not you have a case for clinical negligence compensation.

Faulty Pacemaker Compensation

Sometimes pacemakers and heart defibrillators or their leads can go wrong. Some patients have received multiple, unnecessary electric shocks after being fitted with a pacemaker or defibrillator. Some manufacturers have even withdrawn certain models due to an increased risk of malfunction. If the lead of a defibrillator fractures, it can send false information to the device, triggering unnecessary electric shocks.

No Win No Fee Medical Negligence Approach

Our approach to clinical negligence compensation claims is always professional and personal, dealing with our clients with the utmost discretion, care and compassion. We offer exceptional client service, which means you will have direct access to our team of clinical negligence solicitors whenever you need it. We will either meet you in person, talk through your case over the phone or contact you via email to discuss your claim for compensation in a manner that suits you best. We will always keep you up-to-date with the progress of your claim and explain the options available to you in plain English, so that you can make informed decisions about how you wish to proceed.

If you would like to talk to one of the team about your experiences and find out whether or not you could be entitled to claim clinical negligence compensation, call us on 0800 083 5500 or complete the online contact form and we will get back to you right away.

The initial consultation with one of our personal injury solicitors will be free of charge and we offer our services for medical negligence compensation claims on a no win, no fee basis.

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Clinical Negligence Overview

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Clinical Negligence Claims

What is Clinical Negligence?

To prove there has been negligence and to bring a successful claim against you, the patient, or other person bringing the claim, has to prove on the balance of probabilities:

  • That the standard of care fell below an acceptable standard measured against a body of medical opinion.
  • That the breach of duty or negligence caused or contributed to the injury, loss or damage suffered, and that the patient would not have suffered that injury without the breach.

Time Limits for a Claim:

The basic time limit for issuing proceedings is:

3 YEARS from the date of injury / the date the patient knew they had been caused an injury.

It can be longer in some circumstances, including:

  • If the patient was a child.
  • A birth injury which takes longer to notice.
  • Mentally ill.
  • There was an interval before the patient realised, or could be expected to know about, the injury.

Types of Claims:

  • Misdiagnosis
  • Surgical Errors
  • Death
  • Overdose of medication
  • Poor treatment resulting in worsening of condition

Who Should You Speak To?

A firm of solicitors bound by the SRA (solicitors regulation authority), with experience of clinical negligence claims and a history of winning cases.

Facts and Figures

  • NHS deals with over 1 million patients every 36 hours.
  • 60% more operations carries out in 2012/13 (10.595) million than in 2002/03 (6.613 million).
  • 2300 hospitals in the UK, 14 labelled as failing in the Keogh Report.
  • Some health experts suggest that around 500 patient deaths every year could be attributable to a lack of knowledge around using intravenous drips correctly.
  • Mistakes in maternity care account for a third of the £1b a year the NHS has to spend settling medical negligence claims.
  • The number of lawsuits involving alleged failings in maternity care shot up by 80% in the five years to 2012/13, obliging the NHS to set aside £482m to cover the costs of those claims.
  • A total of 9,143 new clinical claims were reported to the authority in 2011-12, representing a 67 per cent increase form the number reported five years ago.
  • 16,006 patients or bereaved relatives lodged claims against the health service during 2012/13.
  • 13,517 compared with 13,517 the previous year a rise of 18.4 per cent.
  • In its 2013/14 budget the NHS has set aside a whopping £22.7 billion to cover Medical Negligence liabilities.
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What our clients say…

“Anna Woolf’s persistent nature when dealing with the defendant’s insurance company and encouragement when it came to pursuing the correct amount in compensation was excellent. Once again, a big thank you to Anna and all involved with my case.”

Mr. H, London

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