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Types Of Medical Negligence Claim More Varied Than Most Think
Medical negligence claims are on the rise and there are many more people coming forward than ever before with horror stories and worrying tales of how they have been misdiagnosed or given incorrect treatment by their doctors. However, these are just two forms of medical negligence. Other cases where patients could potentially have a case to claim compensation from healthcare providers and healthcare institutions include the prescribing of incorrect medication and even incidents where patients become addicted to prescription drugs.
Prescription drugs do typically come with side effects. Certain drugs, such as codeine based painkillers are highly addictive and guidelines and limits are set so that patients are less likely to become addicted to the drug. Where it can be proven that a doctor or other healthcare provider continued to prescribe addictive drugs, leading to addiction on the part of the patient, it may also be possible to claim compensation.
One campaigner, Barry Haslam, has taken his fight against prescription addiction to Westminster and a meeting with the shadow health secretary Andy Burnham. My Haslam himself was addicted to prescription drugs and, having beaten the problem, he has campaigned to ensure that others are not able to fall so easily into the same trap.
Injuries resulting from botches procedures will usually carry the possibility of compensation. Unfortunately, incidents such as the removal of the wrong limb or incorrect organ do happen. Thankfully, these incidents are the exception rather than the rule but if they do occur then compensation will usually be awarded according to the type and severity of injury or illness caused, the cost of care over the rest of the victim’s life, and the total amount of earnings that the victim will suffer.
Patients that feel they have suffered at the hands of medical negligence are able to make a claim against the healthcare provider or institution that failed them. It is necessary to prove negligence and loss in order for the claim to be ultimately successful. It is also important to enlist the help of a professional and experienced medical negligence solicitor in order to have the greatest chance of winning a compensation claim.
Minimum Staffing Levels Rejected By Jeremy Hunt
A review of hospitals and the care they provide has concluded that hospital wards should have a minimum staffing level to ensure patient safety. The report echoes many of the findings of a public inquiry that was launched and released following failings at the Mid Staffordshire hospital. However, while ministers are expected to agree with the overall sentiment and findings of the report, they have been expected to delay on responding to specific recommendations.
A number of scandals have rocked the NHS in recent months and years. One of the most recent of these led to Prime Minister David Cameron ordering a review of patient safety within the Mid Staffordshire NHS. Patients were found to have been lying in their own faeces and some had to drink water from flower vases because they did not receive drinks from NHS staff. The findings offered nearly 300 recommendations to help improve the quality of the NHS and the patient safety that was afforded. Many of those recommendations have so far been resisted.
However, resistance may prove more difficult for the government and the Prime Minister following a review by Prof Don Berwick. His own findings mirror many of those in the public inquiry and he advised wards have minimum staffing levels and that nurses should be allocated fewer patients. A study found that, in some hospitals, nurses were expected to provide care for up to 15 patients at a time and that the ward relied more heavily on unqualified staff.
One powerful opponent of the proposals is Health Secretary Jeremy Hunt. He has said that he will oppose minimum staffing levels saying that such matters should be determined on a hospital and ward-by-ward basis rather than dictating that every ward should have a set amount of nurses and employees.
Concerns have also been raised over a statutory duty of candour. This would mean that staff who did not report mistakes or negligence may face criminal prosecution but there is worry that this move would create a culture of fear. Mr Hunt said that it is important to tap into the dedicated NHS staff without alienating them.
HSE Fines Vauxhall Over Workplace Death
Car manufacturing company Vauxhall has been fined £150,000 by the Health and Safety Executive (HSE) for an accident at work that led to the death of an employee. The accident, which occurred in 2010, saw electrician Ian Heard die as he was crushed by a piece of machinery. The HSE carried out a full investigation due the nature and severity of the injuries. The investigation found that employees were able to enter a dangerous part of machinery while stuck, and it was this that ultimately led to the death of Mr Heard.
It is the responsibility of all employers to ensure that employees and visitors to their site are safe and free from hazards. Where accidents at work are found to be due to the negligence of an employer, it is possible for the employer, or their family, to make a claim for compensation against the employer. Typically, the Health and Safety Executive will not be involved in judging cases or investigating what happened but they do become involved where accidents are considered serious.
With a death at work, it is possible for the victim’s family to make a claim against the employer. Losing a loved one is not only emotionally difficult for the family but can place a major financial strain on those that are left behind. Compensation for accidents at work will usually include some value for loss of earnings and a similar inclusion will normally be found in a death at work claim too. However, the HSE fine for Vauxhall was separate to this compensation.
A court case began in July, when Vauxhall was charged with failing to ensure the safety of employees and failing to ensure that employees could not access dangerous parts of machinery. The company pleaded guilty on both counts and the hearing was completed this week with Vauxhall being handed the fine by the HSE.
Pirelli have also been investigated by the HSE for similar problems. A 57 year old employee from Carlisle was working on a machine that inflated and checked the pressure of tyres when the machine jammed. The employee set the machine to manual, fixed the problem, and then returned to automatic operation. Unfortunately, after completing two more tyres, the machine jammed again. Without thinking, the worker attempted to free the jam without setting the machine to manual and once the jam was rectified, the machine began operating, trapping his arm and seriously damaging his shoulder in the process.
Pirelli Tyres received a £20,000 fine and more than £4,000 in prosecution costs. They too pleaded guilty to the case as the HSE found that the company did not complete a risk assessment or ensure that adequate safety procedures were in place.
Accidents at work can leave employees with serious injuries and unable to work. A compensation package can include the money that is needed to attend medical appointments, seek the rehabilitation and care that is required, and cover a loss of earnings. Call StocksLegal.co.uk today on 0800 988 9055 if you have been involved in an accident at work of if you have suffered the loss of a loved one through a workplace accident.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Accidents At Work FAQ
Accidents at work can not only lead to serious injury and illness but they can also cause a loss of earnings and carry medical expenses. Victims of industrial accidents that were not at fault for the accident may have the right to claim compensation from their employer, or former employer, and below are answers to a number of questions that are commonly asked of the compensation scheme and the process involved.
Do I Have A Right To Claim Compensation?
Your employer is obliged to ensure that you remain safe and free from harm while you are at work. If it is possible to prove negligence on the part of your employer, whether through poor working conditions or even a lack of training or adequate safety gear, then you could have a strong case for claiming compensation. Every case is different, though, and it is important that you seek legal advice to determine whether you can claim.
How Long Do I Have To Claim?
Your first concern following an accident should be to ensure that you are OK, to report the accident, and to seek medical attention. Ideally, once you have seen a doctor or healthcare professional you should contact a solicitor that specialises in accidents at work. You have three years from the date of the accident to submit a claim so don’t leave it too long.
Will Claiming Affect My Job?
In reality, when you claim compensation from your employer, it is their insurance company that will meet any compensation cost and not your actual employer. You have a right to continue in your employment unaffected by your right to make compensation.
Will I Have To Appear In Court?
The majority of accident at work cases are settled before they reach court. This works out less expensive and less time consuming for all parties, but there are still some instances where the case will proceed to a court hearing. If it does reach court, then you will usually need to attend in order to put forward your side of events and to answer any questions that may be asked of you. Your solicitor will prepare you for this well in advance.
Will I Need A Medical Examination?
You will need to have a medical examination as part of the claims procedure. This examination will be carried out by at least one medical examiner and if you do not submit to the examination then your claim will be rejected.
What If My Employer Is No Longer In Business?
If you have suffered an accident at work and your employer is no longer in business you are still able to make a claim. You may receive compensation from a government run scheme that was set up for such eventualities.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Why Victims Of Violent Crime Should Claim Compensation
Victims of violent crime can be left with serious physical and mental injuries that take considerable time to heal. Not only is there the physical injury itself but also the potential for emotional and mental distress caused by the injury. It is important that victims of violent crime are able to claim compensation so that they can enjoy the necessary time to heal and get back to good health.
Compensation is primarily determined by the type and extent of injury that a person suffers. More minor injuries may attract compensation of £1,000 while considerable and serious injuries are more likely to carry compensation payments of tens of thousands of pounds. Multiple injuries may lead to higher payments with the highest usually reserved for serious brain injuries, spinal injuries, and the loss of limbs as well as those that require years to recuperate.
An element of compensation is also awarded according to any loss of earnings that a person suffers. Thankfully, most injuries will usually only require a day or two off work but there are some that may need weeks or months off work. The most severe injuries can leave victims unable to secure and keep a job, therefore eliminating the possibility of earning money again in the future.
The most important step for victims of violent crime is to report the crime to police. When attending court or applying for compensation from the Criminal Injuries Compensation Authority, it will have to be determined that a person has indeed reported the incident otherwise no compensation will usually be awarded.
There are some cases where the victim is unable to claim directly from the offender. For example, if the police have been unable to identify or catch the offender. The Criminal Injuries Compensation Authority is a scheme that calculates and awards compensation to victims that are caught in this situation. Victims will usually receive the majority, although still only a portion, of the compensation that they should be due but there are no court costs to pay. It is possible to claim through the CICA without legal representation but having a solicitor can help ensure that the victim receives a fair and full figure.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
New Criteria For Criminal Injury Compensation Authority Claims
The Criminal Injury Compensation Authority (CICA) is a government run authority that victims of violent crimes can call upon to award them compensation. The Authority has recently upgraded and changed some of its eligibility criteria in a bid to cut its annual bill but if the victim of a crime is still eligible then they still have the right to submit a claim to the CICA. The scheme is meant as a last resort and a decision regarding payment may be delayed while the victim continues to try and claim from their assailant or even their employer. You can download the new criteria by clicking here.
The crime must be reported to the police by the victim or a friend or family member. If no police report is filed and no investigation undertaken then the CICA will not intervene and any application will be rejected immediately under these circumstances. The CICA does not judge on whether a crime was committed, or by whom, but they may pay compensation to victims that have reported the crime to the police.
There is a two year statute on claims for injuries. This means that the victim has two years to submit their claim following the date of the accident. If the victim is aged under 18 at the time of the incident then they will have two years from the date of their 18th birthday. There are some mitigating circumstances that allow for this period to be extended but this does not include claims that the victim was not aware of the scheme or the two year deadline.
Minor injuries are not covered by the scheme. As such, if the injury portion of the awarded compensation would be less than £1,000 then the claim will be rejected. The CICA says that they are a scheme that is set up to compensate the sufferers of serious injuries. This means that cuts and bruises will not usually be enough to justify a CICA compensation package. Mental and emotional injuries are considered when calculating this figure.
When it comes to loss of earnings, the CICA scheme will not usually pay for the first 28 weeks of time off work. The amount that may be awarded for this element of the crime is also capped. This all means that a victim may not receive the full compensation that they believe they are owed and they may still fall some way short financially once compensation has been awarded.
The behaviour of the victim is considered as part of the CICA scheme. This includes behaviour before, during, and after the incident and the CICA will even look into a person’s criminal record. Those with an unspent criminal conviction will not be considered for the scheme – changes that were introduced in November 2012.
There are critics to some of the changes and eligibility requirements. For example, there are groups that argue even minor injuries can lead to long term emotional and mental damage and so even minor injuries with a compensation value of less than £1,000 should still be considered by the Criminal Injury Compensation Scheme.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
The Importance Of Using An Experienced Criminal Injury Solicitor
Personal injuries leave victims unable to earn money and dealing with physical and mental injuries. Depending on the type and extent of injury this can also lead to a loss of earnings as well as the payment of medical and other expenses. Fortunately, it is possible for victims of many types of personal injury to be able to claim compensation in order to help meet these costs. Even victims of violent crime have a means of claiming compensation.
Claiming compensation for injuries sustained during a violent crime provides victims with financial support. They receive a sum according to the type and severity of injury that they sustained as well as an element that is designed to meet the financial costs associated with injuries. The actual amount of compensation that a person does receive will depend on a number of factors.
Violent crimes can include assault and aggravated burglary, as well as arson and even assault in the workplace. They may occur in the home, on the street, or while on another person’s property. If they are viewed as a crime by the police, and reported to the police, then they will usually carry the possibility of compensation being awarded to the victim.
Most personal injury claims must be submitted within three years of the incident or when the victim discovers the extent of their injuries. However, violent crime claims through the Criminal Injuries Compensation Authority need to be submitted within two years so it is vital that the victim starts their claim as soon as possible. Before any claim is made, though, the first and most important step is to report the crime to the police.
A criminal injury solicitor will help ensure that all paperwork is completed properly. They will collect all of the relevant information, data, and evidence, and when dealing with the CICA, where it is not strictly necessary to instruct a lawyer, they can also help to ensure that you receive a fair settlement figure. It is important that victims receive a fair amount of compensation because it is used to ensure that they are able to concentrate on recovery rather than rushing back to work or struggling to meet medical bills.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment. If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
MDU Paid Out £28m In Meningitis Claims
The MDU has released details showing that they have paid out approximately £28m in four years to settle GP cases involving patients that have suffered or are suffering from meningitis. The report comes following the news that a new vaccine has been withdrawn because there is not enough conclusive evidence on exactly how effective Bexsero is for patients. The total awarded was spread over only 17 cases and the group said that around 70% of cases they receive are discontinued without further action, because GPs are not necessarily found negligent.
There are, in fact, a number of different types or strains of meningitis, including viral and bacterial meningitis. The latter is considered the most severe form with around 1 in 10 sufferers losing their fight against the illness and many being left with long term damage including the loss of limbs or brain damage. Sufferers of viral meningitis may become extremely ill but it is more likely to present as a mild illness.
A vaccine for meningitis B, called Bexsero has been developed but the Joint Committee on Vaccination and Immunisation (JCVI) has ruled that it will not recommend the use of the vaccine. They have said that the cost of the vaccine is too high considering the lack of Conclusive evidence that the vaccine works.
The MDU is a leading medical defence body that represents GPs in cases of medical negligence. They have released figures that show they paid out £28m between 2008 and 2012 to patients with meningitis. They say that GPs will typically only see one or two cases in their working career making it very difficult to diagnose. This payment was made to 17 cases and included a £2.5m payment to a child that was not referred to hospital having presented with symptoms of meningitis.
Where patients have not received the proper level of care or have been given incorrect treatment it is often possible for them to submit medical negligence claims. The size of the claim will vary, typically according to the severity of injuries and illness suffered as a result, loss of earnings, and the amount and cost of care that the patient will require.
Criminal Injuries Compensation Authority Have Two Year Statute
The Criminal Injuries Compensation Authority (CICA) has undergone a number of changes recently, predominantly to cut funding provided by the government. The CICA does still exist and still offers a means for victims of violent crime to be able to seek compensation even if they do not know their attacker, or if their attacker is unable to meet the compensation claims. One area where claiming from the CICA does differ to other personal injury claims is that there is a two year deadline for making these claims.
The Criminal Injuries Compensation Authority, or CICA for short, is a government run scheme designed to ensure that victims of violent crime are able to claim compensation for their injuries, for loss of earnings, and to assist in meeting other financial payments. It is possible, though usually not advised, for victims to complete the claims process themselves and there are no court fees associated with the scheme.
The scheme was established primarily to deal with violent crimes and the victims of these crimes. As well as assault and physical violence, it is possible for victims of abuse and those attacked while at work (in some cases) to be able to level their claim at the Criminal Injuries Compensation Authority. The victim must be blameless and as well as direct assaults, it is possible for victims of arson to also make a claim in this way.
Personal injury cases can vary greatly and changes to the personal injury claims process mean that some confusion has arisen over certain timeframes and deadlines. While most personal injury claimants are afforded a period of three years from the date of their injury or the date that they discover they have suffered an injury, victims claiming through the CICA only have a period of two years.
For victims of violent and serious crime, the CICA can prove invaluable in providing the financial support that they require. The compensation awarded is not only determined by the type and extent of injuries sustained but also by any loss of earnings and any medical or other expenses accrued. It is important that the victim claims within the two year period to ensure that they do not miss out on the money that they may be owed.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
The Importance Of Using An Experienced Criminal Injury Solicitor
Personal injuries leave victims unable to earn money and dealing with physical and mental injuries. Depending on the type and extent of injury this can also lead to a loss of earnings as well as the payment of medical and other expenses. Fortunately, it is possible for victims of many types of personal injury to be able to claim compensation in order to help meet these costs. Even victims of violent crime have a means of claiming compensation.
Claiming compensation for injuries sustained during a violent crime provides victims with financial support. They receive a sum according to the type and severity of injury that they sustained as well as an element that is designed to meet the financial costs associated with injuries. The actual amount of compensation that a person does receive will depend on a number of factors.
Violent crimes can include assault and aggravated burglary, as well as arson and even assault in the workplace. They may occur in the home, on the street, or while on another person’s property. If they are viewed as a crime by the police, and reported to the police, then they will usually carry the possibility of compensation being awarded to the victim.
Most personal injury claims must be submitted within three years of the incident or when the victim discovers the extent of their injuries. However, violent crime claims through the Criminal Injuries Compensation Authority need to be submitted within two years so it is vital that the victim starts their claim as soon as possible. Before any claim is made, though, the first and most important step is to report the crime to the police.
A criminal injury solicitor will help ensure that all paperwork is completed properly. They will collect all of the relevant information, data, and evidence, and when dealing with the CICA, where it is not strictly necessary to instruct a lawyer, they can also help to ensure that you receive a fair settlement figure. It is important that victims receive a fair amount of compensation because it is used to ensure that they are able to concentrate on recovery rather than rushing back to work or struggling to meet medical bills.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
