Hospital negligence claims

Making a hospital negligence claim

Negligence in hospital care can occur in a number of ways and in a number of hospital situations. Where you or a loved one have been the victim of negligence, you may be entitled to make a medical negligence claim. Below are some examples of situations of poor care which, if experienced, may entitle you to hospital negligence compensation.

Misdiagnosis or delayed diagnosis

If you present to a hospital doctor, specialist consultant, midwife, nurse or hospital GP with symptoms and your condition is misdiagnosed or you receive a late diagnosis, you may be entitled to make a misdiagnosis claim. Where this misdiagnosis was made by a GP or midwife, this will be linked to a GP negligence claim or midwife negligence claim respectively. Early diagnosis is key to effectively treating a wide range of medical conditions, cancer misdiagnosis being just one example.

Delayed treatment

If, after you have received a diagnoses from doctor or other medical professional, you do not receive appropriate treatment within a reasonable time-frame, this may reduce the effectiveness of the treatment, causing unnecessary pain, suffering, long-term ailments and in the worst cases, loss of life. In these circumstances your or your loved one may be entitled to make a delayed diagnosis claim.

Failure to refer you to a specialist

If your doctor assesses you and your condition or symptoms are such that you should see a specialist in the particular field, such as a Gynaecologist (female reproductive system) or Orthopedist (bones and muscles) for example, but you are not referred or the referral is delayed, you may be entitled to compensation.

Infection

Hospitals are required to keep rates of infection to a minimum. Hospitals should have policies, procedures and training in place to minimise the risk of patients developing infections whilst in hospital. Where these are not in place or are not properly practices, and you or a loved-one develop an infection as a result, you may be entitled to make a compensation claim.

Pressure sores (bed sores)

Pressure sores can be extremely painful and are areas of skin and underlying tissue that are damaged due to sustained application of pressure to a single area of the body. They usually develop around ankles, elbows and the back. They are caused by medical staff not moving patients often enough and are, in the vast majority of instances, wholly avoidable. Because of this, where they do occur, they are classed as a ‘serious incident’ and should be recorded by the hospital in official performance documentation. You may be entitled to make a pressure sore claim where you have suffered.

The incidence of pressure sores at a hospital is a good indicator of the general level of care being provided to patients. Where you or a loved one have developed pressure sores there may be a strong argument to make a pressure sores claim for compensation.

Falls in hospital

Hospitals should identify patients at risk of falling (often the elderly, disabled and those that have been admitted to hospital due to injuries caused by a fall) and monitor these closely to prevent them falling whilst in hospital. Falls can often be avoided by pre-empting why a patient might try to move themselves (i.e. needing the toilet or becoming uncomfortable) and cater to these needs. If you or a loved one fall whilst in hospital and suffer injury as a result you may be entitled to medical negligence compensation.

Wrong prescription

Wrong prescription claims can arise out of several circumstances, including:

• If you have been prescribed medication despite your medical records showing you are allergic to these.
• If you have been prescribed medication that should not be taken alongside another medicine you are already taking.
• If you are prescribed medication that is of a too high or too low dose.
• If you are prescribed medication that is simply the wrong medication for treating your condition or symptoms.

Surgical error

Any surgical procedure carries with it an element of risk, but these should be explained to you and everything done to minimise surgical errors and mistakes by surgeons. Where a surgical error is made such as incorrect incisions, failure to properly repair an incision, poor procedures leading to infection, leaving medical tools inside patient’s bodies or even operating on the wrong part of the body, there is likely to be a strong legal argument for making a surgical error claim. Some surgical errors are so avoidable that they are called Never Events, because they should never happen, yet they do. Never events are recorded and reported by every hospital monthly.

Birthing injury

Birthing injuries to mother and birthing injuries to baby can occur during pregnancy, whilst giving birth or post-birth. Circumstances leading to grounds for a potential birth injury claim to be made include surgical errors during a Caesarean Section, cerebral palsy or Erb’s palsy caused by poor care. Also errors during a forceps delivery or failure to diagnose or treat jaundice can also give rise to a medical negligence claim.

A&E delays

It is well documented how under pressure Accident & Emergency departments are at hospitals across the country. A&E claims can be argued in circumstances including where patients are left waiting in corridors, waiting rooms or ambulances before being admitted, causing delayed diagnosis and treatment. Also, where A&E doctors send a patient home when it is not appropriate to do so or fail to refer a patient to a specialist ward or to see an expert consultant where this would be deemed necessary.

Leading hospital negligence solicitors

Blackwater Law medical negligence solicitors has a team of specialist lawyers that is independently recognised as being one of the leading teams of medical negligence solicitors in the country. This recognition comes from the Legal 500, an independent directory of the UK’s leading law firms.

This independent recognition of our team’s specialist expertise and experience in the area of medical negligence claims means you can be confident that when you approach Blackwater Law for legal advice and guidance in relation to claiming compensation, you know you will be getting some of the best legal advice available.

Find out if you can claim for hospital negligence

The only way to find out if you can claim compensation for the hospital negligence you or your loved one have suffered is to call Blackwater Law medical negligence solicitors and speak with one of our specialist lawyers. You will speak directly to a lawyer who will quickly tell you whether you may have grounds to make a claim for compensation and advise you on what is involved and what the next steps would be should you decide to proceed. The lawyer you speak with will also answer any questions you may have.