Category: Medical Negligence

Can I only make medical negligence claims against doctors?

Medical negligence claims are used to protect victims who have suffered due to the negligence of medical professionals. Usually, this is due to a treatment going wrong, the inexperience of a professional or an honest mistake. No matter the reason, they can leave the claimant with devastating physical injuries that can cause them daily suffering and embarrassment, or simply lower their quality of life. The after-effects of sub-standard medical care can truly have consequences. This is why claimants will be able to ask for compensation to help them get through this difficult time of their lives.

However, when people usually think of medical negligence, they immediately think of doctors or surgeons at the NHS. Well, not only is there a complaints system in place for the NHS, but you can make medical negligence claims against more than just doctors or surgeons. After all, there are many other types of medical professionals who could be liable for medical damages if treatment does go wrong. Let Gowing Law help you start your medical claim journey:

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What are medical negligence claims?

Naturally, when you undergo any type of surgery or medical treatment, you may feel a little nervous about how you are going to recover. Any good medical professional will guide you through the treatment and let you know about any risks that could happen during and after the treatment. If they do not inform you or ask you to sign a contract to acknowledge you are aware of the risks, they could be sued for medical negligence. Additional ways they could have caused you harm include:

  • Prescribing you the wrong medication.
  • Operating on the wrong area of your body.
  • Leaving medical instruments inside of the body.
  • Not asking the patient about allergies or checking a patient’s medical history.
  • Mis-diagnosing a medical condition.
  • Failing to get consent about putting a patient on a certain treatment.
  • Dirty environment in recovery wards.

Of course, there are many other types of medical negligence. If they have caused you pain and suffering, your practitioner could be liable for damages. If this has happened to you then it is your right to claim for compensation. After all, if your injuries have forced you to spend time off work, you may be worried about financial implications, as well as the cost of recovery. All you need is the evidence to back it up.

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Why do we most think of “doctors” when it comes to medical negligence claims?

Most of the time, when people think about clinical negligence claims, they think of a severe accident that has taken place in a hospital during surgery or during some sort of treatment. People mostly think of this because of the impact of the treatment. Incorrect treatment can lead to severe consequences, sometimes even having life-changing effects. These are the most likely things that can come to mind when we think about compensation claims. However, the same thing could be said about other types of medical practitioners.

Who can I make a medical negligence claim against?

So, the main way for you to understand who you can make a claim against is to know whether or not they owed you are a “duty of care.”

duty of care definintion

If a professional is responsible for your health and well-being, they must do everything necessary to make sure you do not get hurt during treatment. The same could be said for an employer when it comes to safe work environments and drivers when they are on the road. Everyone has a responsibility to keep other people safe. If they are negligent and cause an accident, this could mean that you could be owed compensation.

Here are some additional medical professionals who could be responsible for your clinical negligence claim:

Dentists

The work of a dentist can either make or break a smile. Whether this is cosmetic work or to protect the teeth themselves, if they end up causing an infection, breaking a tooth or even failing to recommend the best treatment for you, you could claim compensation for their negligence. The damages may include physical injuries, but also emotional trauma due to embarrassment about the appearance of your teeth. You may also have suffered from financial damages due to having to get treatment to fix the state of your teeth.

Mental Health Professionals

Mental health specialists play a vital role in people’s recovery from a huge range of emotional and traumatic ailments. These specialists have received training to ensure that their patients feel comfortable and are able to open up about their issues. However, in other cases, patients may find that their mental health specialists do not help with their issues. Instead, they may recommend the wrong medication or make the patient feel worse about themselves. If these issues start to do harm to the patient, they can ask for compensation.

emotional trauma information

Cosmetic Surgeons

Naturally, due to the profession of a cosmetic surgeon, you may think that this could fall under a beauty negligence claim. However, if you are undergoing some sort of scar reduction treatment or perhaps facial reconstruction, you would most likely be undergoing a medical cosmetic treatment. However, in other cases you may simply be interested in having a treatment to change your body shape or facial appearance. If these treatments go wrong, they can leave you feeling extremely disappointment and potentially in a lot of pain. If you have suffered due to the negligence of a cosmetic surgeon, you could claim compensation if they have left you with any physical ailments or scars from the surgery, especially if you did not know there was going to be a risk.

Private Medical Specialists

Of course, one of the most obvious types of specialists responsible for your injuries are private practitioners. Whilst most people will seek medical treatment from the NHS, there will be others who go to a private clinic for help. These doctors may be specialists in certain area, i.e. physiotherapy or dermatology and may be assigned to help you with a more specific problem. For instance, you may want to find easier alternatives to child-birth in a hospital bed, so may be after the advice of a private midwife. Either way, if something does go wrong then you can make a clinical/medical negligence claim against the person/ private clinic that gave you bad service.

What sort of damages can I claim for medical negligence pay-outs?

If you are going to make a claim, you need to know exactly what you are going to get compensation for. You need to write out the types of damages that you have suffered and see if you can find evidence to back them up. Take a look at our infographic below to understand the types of damages you could claim for:

What can I claim for with medical negligence compensation

If you are dealing with a medical negligence claim, it is most likely that the injuries you are suffering from are physical. You may have been given the wrong medication or perhaps have suffered from after-effects of a treatment. That’s why it is so important that you claim compensation as quickly as possible. You need to ensure that your wounds don’t get any worse and that you do not lose vital evidence that could help your case.

What sort of evidence do I need for medical negligence claims?

For any successful medical negligence claim, you need to have evidence to back it up. Without evidence then your case will be little more than a “he said-she said” scenario. Validate your claim by looking at the damages you have been forced to endure by pairing them up with evidence. The evidence you have may include:

  • Photographs of your injuries/damages
  • Videos of your injuries/damages
  • CCTV footage
  • Police records
  • Witness Reports
  • Diary Entries
  • Medical reports
  • Receipts

Remember, you can find evidence both before, during and after the medical treatment. For instance, before the treatment happened, you may have not been told about the risks of the treatment or may not have been given a contract to sign. During the treatment, your doctor may have made a mistake or may not have fully completed the operation, meaning that you were left with wounds. After the treatment, you may have had medical costs or pain from the wounds left behind. They have got worse or you may have been forced to seek medical assistance from a different professional. All of these can add up to your damages and can help you make your case valid.

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How long do I have to make medical negligence claims?

There is a time limit when it comes to making a claim. This is 3 years from the day of your accident. We would recommend that you get in touch with a professional medical negligence solicitor to help you understand what you could claim, as well as what you should expect from legal action. This will also give your solicitor the maximum amount of time to help you gather evidence for your case. Be patient and make sure to ask your lawyer questions about what you will need to have a strong case. This will help them help to you.

How much could I claim from a medical negligence case?

This is the sort of question that reflects the idiom “how long is a piece of string?” Every case is different. Some have more serious implications involved and others may have more responsible parties than just a negligent practitioner. So, depending on the complexity and the extent of your damages, you could be owed thousands in compensation. To get an estimated pay-out amount, you should seek counsel with your lawyer. They can look at your damages and evidence and help you understand what you could be owed.

How long will it take to make a successful medical negligence claim?

Again, this depends on the complexity of your case. For instance, if the other party refuses to accept responsibility, you may have to collect more forms of evidence. This means that the case will be drawn out for longer. Be patient with your solicitor and make sure to supply them the evidence they need to proceed with your claim. They may need more time to come to a settlement agreement or arrange a court date. Speak to them to get an estimated time frame for how long your case will take.

Will my claim need to go to court?

Not necessarily. All medical negligence claims are different, but some may be simpler than others to solve. The NHS has its own complaints system and most responsible parties are very willing to sit down and talk about a settlement agreement. However, if your case does end up going to court then you do not have to worry. Your solicitor will be there with you to support you throughout all of the court proceedings.

Gowing Law is here to support you through any medical negligence claims

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Here at Gowing Law Solicitors, we understand that any sort of injuries at the hands of a doctor or medical professional can be traumatic. No one deserves to have their safety put in jeopardy. That’s why we are here to help you get the compensation that you deserve. We can guide you through the claim with free advice and consultations to start with. If you are happy to move forward, we can offer you our services on a “no win-no fee” basis. This means that there will be no hidden fees and costs.

Get in contact with our trained solicitors today to begin your claim. You can call 0800 041 8350, email info@gowinglaw.co.uk or use our contact page to directly message our team. We would then be happy to talk you through any questions you may have.

Read more about medical negligence claims

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Ready to learn more about clinical negligence cases? These types of claims can get extremely complicated. That’s why Gowing Law is here to help you understand the basics before you move forward with your claim. Our blog is updated with new articles every week. If you can’t find the article you are looking for, feel free to get in contact by messaging us. We would be more than happy to write about your suggestions. Send us an email at info@gowinglaw.co.uk.

We look forward to seeing you in our next blog.

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Beauty Injury Compensation: How bad are my losses?

Beauty injury compensation can be awarded to anyone who has suffered from an injury whilst undergoing some sort of beauty treatment. This can include hairdressing accidents or injuries in nail salons, tanning booths or massage parlours. Whether you have suffered only cuts and bruises from a trip or a fall, or perhaps have had a life-changing injury, if you can prove that you were not responsible for your losses, it is likely that you will receive a compensation pay-out.

Gowing Law Solicitors are experts when it comes to beauty injury compensation claims. That’s why our expert lawyers in Manchester are here to help claimants from all over the UK. Start your journey by taking a look at our beauty claims page for more information:

beauty accident claims

Beauty Injury Compensation: What is salon negligence?

Now, when you go to any sort of beauty salon, you expect top-notch service when it comes to the skills of the beauticians. However, due to an over-saturation of the beauty market, sometimes you may be put into the hands of a beautician who has not had the experience needed to provide safe and satisfactory treatment. As a business, a beauty salon owes their customers and workers a “duty of care”. This means that all of their services need to be of professional standard and have the customer’s safety in mind.

duty of care beauty compensation claims help

To claim damages, it is necessary for you to prove that the salon you went to (or their employees) broke their duty of care towards you. That is why you were hurt in the first place. So, how do you show that they were negligent? If your beautician caused your injuries by being inattentive, forgetting to take safety precautions or just through having a lack of experience. There is a chance you could have a claim.

You also need to keep an eye on the actions taken by the employees. Before you had your treatment, were you asked to sign a consent form or perhaps asked about allergies or whether or not you had skin that was sensitive to different products? If you didn’t, it shows that the employees of the salon did not take the time to personalize your treatment or learn about what could have affected your skin. If you’re confused by this, take a look at our case study below:

Case Study: Casey Cuticle

casey cuticle case study of beauty compensation claims

Casey suffered bad services, which unfortunately cannot be sued for compensation. But her finger did swell due to the chemicals in the nail polish. Not being asked to sign a waiver meant that Casey was not aware of what the treatment was actually going to entail. This means that she was not at fault for not being able to disclose that she had sensitive skin. If this rash and swelling required hospital treatment, it is very likely that she could ask for compensation for both her physical injuries and financial losses.

If you are in a similar situation then you should try and claim compensation for your damages. It is your right if you are not at fault for your injuries. The longer you wait, the more likely it is that you will lose evidence. Things may even get worse the longer you wait. That’s why you need to seek legal advice as quickly as possible.

Will I be financially effecting the business if I claim compensation?

Do you feel nervous about claiming compensation? That makes sense. After all, it may be your usual salon and normally the staff members are very good at their jobs. You would not want to put any business in danger of losing money. This is one of the more common reasons why most claimants do not go after compensation.

However, it is important for you to consider what you will be losing out on if you do this. You will not be putting the salon in jeopardy. Accidents happen to the best of businesses, which is why they take out salon insurance and employer liability insurance. These insurances will make sure that the salon does not need to pay with their own money if an accident happens. Instead, they can go to their insurer to assist with the payment. You will not be inflicting any financial damages if you do ask for compensation.

top tips about tests for your skin

Covid-19 & Beauty Salons: What are the dangers?

As we all know, beauty salons have actually been closed with the outbreak of Covid-19. However, they are set to re-open on the 27th July. That means you can finally re-visit your favourite parlour to be pampered. However, amongst the celebrations that business can open once more, you may be feeling a little nervous. Covid-19 has not just vanished. This means that there have to be safety procedures to protect you and employees from getting sick. Otherwise, this would either be classified as a work accident or perhaps a public accident.

These are the type of changes that you can expect when you visit a beauty salon in the future:

  • Visor and mask use when indoors
  • Socially distanced tables and waiting lines
  • Sanitizer stations
  • Consistent cleaning
  • Decontamination of equipment and work stations
  • Temperature checks
  • Staggered opening and closing times

If you see a salon that is not following Covid-19 safety regulations, you should make them aware of this as quickly as possible.

What type of injuries can I get from a salon accident?

Every accident is different. Some may only result in small injuries, like cuts and bruises, but in serious cases the injuries can be life-changing. It entirely depends on the type of accident you have suffered and the type of medical treatment that you require:

beauty injuries infographic

As you can see from our infographic, there are a large number of injuries that you can suffer from. These can range from non-serious to life-changing. Some people may have only small cuts or bruises, but others may have had a hairdressing accident that meant loss of hair or chemical burns that left the skin scarred or blistered.

If you are looking to make a claim, before you collect evidence, make sure to consider how bad your injuries are. You must prioritize your health above anything else. That means that if you need medical assistance or need to go to hospital then you should go immediately. Collect evidence later when a medical professional has seen you. Don’t let your injuries get any worse.

How bad do my injuries need to be make a claim?

Most claimants do not come forward for their compensation because they believe that their injuries are severe enough to get compensation. Well, this is certainly not the case. If you have been hurt due to the negligence of a beauty salon or their employees then you have the right to claim for compensation. It does not matter how small the injury is. Having an experienced lawyer onside can help you understand whether or not you have a claim. They can also tell you if it is worth it to pursue a claim in the first place. That way you can make sure that you do not waste your own money or time.

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What sort of losses can I claim for beauty injury compensation?

This is where things can get a bit tricky in your compensation claim. Normally, when you think about the damages that you have experienced from your injury, you think about the physical injury itself. Now, this does make up part of your compensation claim. However, it can also cover you for other types of damages/losses as well. This includes:

  • Emotional trauma
  • Financial losses (i.e. wages, payment for the treatment)
  • Medical losses (i.e. costs of rehabilitation centres and medical pills)
  • Equipment damages (i.e. if you broke any of your personal belongings)

So, when you are considering what you can claim for, make sure to think outside of just your injuries. For instance, if you were the victim of a violent staff member in a beauty salon, you may feel too scared to leave your house. This may have caused you to pay for cognitive therapy. It’s important that you consider you entire situation rather than just the accident itself. If you can prove the employee/salon was responsible for your losses, you could be owed a larger amount of compensation.

What evidence do I need to claim beauty injury compensation?

As you now know exactly what you can claim for, you also need to consider the type of evidence you are going to need to back up your claim. Evidence is needed to prove your injuries. That way it will simply turn into a case of “he said, she said”.

If your injuries are not bad enough to force a trip to the A&E, one of the first things you should ask is for your injury to be noted down in the salon’s accident book. It is your legal right to have a copy of this for your claims case, as well as for the CCTV footage to show an unbiased perspective of what happened to cause your injuries.

You may also want to consider the following:

evidence for beauty compensation claims

Of course, you are not going to be able to get all of these forms of evidence, however, the more you get the more likely that you can prove that you were not the cause of your injuries. You will also want to take notes of any correspondence you have with insurance firms or your doctors in the future. That way an offered settlement will not throw you off. Instead, you will know precisely what was discussed and how you can move forward with the claim. If you are working with a solicitor then you can show them this evidence. They can help you organize it.

How much could I claim from beauty injury compensation?

Let’s talk about money. In particular, what you are owed from a compensation pay-out. Each pay-out depends on the amount of losses you have suffered from. Each case is completely individual. That means some people should experience a higher pay out than others. Severely injured claimants could be owed thousands. You need to speak to a trained solicitor in order to potentially calculate how much you could be owed. They can look at your present and future losses and the severity of your injuries.

Keep in mind that your pay-out will also depend on if you can prove whether you are entirely not at fault for your injuries. If the other party can prove that you were also at fault for the accident, i.e. you were fooling around in the salon, then the outcome could be “partial compensation”.

Gowing Law Solicitors can help you with your beauty injury claim!

beauty accident claims

We understand that any sort of accident can be traumatic for the victim. They can physically scar you and leave you feeling depressed. That’s why you should get in contact with a lawyer to help you as quickly as possible. Gowing Law’s trained solicitors in Manchester can help you get the compensation you deserve. They can offer you free help and consultations remotely to avoid transferring Covid-19. We can also talk to you through video call.

If you do decide to work with our solicitors, we will offer our services on a “no win-no fee” basis. That means there is no financial risk if you want to make a claim. You will not lose any money if we do not win your case. So, what’s stopping you from calling our trained team to find out more information?

Contact Gowing Law Solicitors now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by visiting our contact page to use our direct messaging feature. From there, our friendly staff will get in touch with you to discuss your claim. Feel free to talk to them about any additional questions you may have.

Want to read more about beauty injury compensation claims?

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If you want to learn more about beauty injuries, our law blog has a number of articles that may perk your interest. Take a look below at some examples:

Gowing Law Solicitors keeps its blog updated every week with new articles about UK law and present-day issues. Write to us at info@gowinglaw.co.uk about what topics you want us to cover. Gowing Law’s staff are happy to sign you up to our newsletter. We would be happy to write about any questions you may have, in particular about financial mis-selling, medical negligence, beauty and hair claims, work accidents, public accidents, criminal injury and road traffic accidents.

We hope you have enjoyed this blog and look forward to seeing you in our next one.

Cosmetic Negligence: Disfigurement, Blindness & Fillers

Cosmetic Negligence is not something to laugh about. As a sponsor of Botched!, Gowing Law Solicitors understands how a problematic beauty treatment can cause a world of problems for people. Fillers tend to be one of the main culprits in the beauty world that go wrong. If you have suffered due to dermal fillers, and have even had to cope with facial disfigurement. Don’t deal with these problems on your own. Gowing Law Solicitors can help you get the compensation that you deserve. Read on to learn about fillers, the problems of fillers and how you can make a claim about fillers that have gone wrong.

What are Dermal Fillers?

Before we jump into how you can get compensation for any beauty problems, let’s start off with a little information about dermal fillers themselves. We will start off with the basics:

As you can see, dermal fillers are a medical procedure that are used by both women and men to improve their wrinkles and appearance. However, they do come with their own risks. The level of these risks depend on the experience of the cosmetic practitioner, and the type of dermal filler they are using to smooth your skin. You do not have to do this. However if you feel like it is the only option for you then make sure you do your research before you pick a practitioner and the amount of treatment.

Different Types of Dermal Fillers

Of course, whilst we are mainly talking about skin fillers, there are other types of facial dermal fillers you can consider. Here are some examples:

Specialist Concerns

Nowadays, botox and dermal fillers are becoming more common-place. Some people don’t see it as any more of a procedure than having their hair or nails done. Therefore, they don’t appear to be a serious issue, despite the fact that only a licensed health professional can give out this prescription- only medication.

A leading cosmetic specialist, with over 14 years’ experience in facial aesthetics, has countered to this, indicating that over a quarter his work is dedicated to damage-control from hairdressers and beauticians

Medical Thoughts

“We’re seeing more and more cases where patients are coming in with serious problems,” he explains. “And not little lumps and bruises but where fillers have been injected into blood vessels or into arteries and the damage that can be done is frightening.”

It is too easy to get access to these services outside of medical professionals/ professional cosmetic services. Many people think they can simply go to their hairdresser or a friend and get them injected at a lower rate. This is how problems occur. An example comes from our cosmetic specialist:

“If Botox and/or fillers are injected into blood vessels, or too much around blood vessels so they are compressed, that stops the blood supply to the tissue and causes what’s called necrosis. The lack of oxygen then kills the tissue so the skin on your face basically dies. We see a case of skin necrosis every six to eight weeks and not all will require surgery, some can be injected with an enzyme, but if it’s not spotted soon enough then plastic surgery, specifically a skin graft, will be needed to correct it.

We’re also getting reports of cases of blindness too with fillers which have been pushed into people’s faces and gone into the central retinal artery. So although it’s been trivialised to the point where it’s become part of some people’s regular beauty regimes, they don’t realise just how dangerous and damaging it could be.”

Can I claim compensation for a botched dermal filler?

If you think you have a dermal filler compensation claim, the main thing that you need to prove is that the injury you suffered was due to your medical professional’s cosmetic negligence. Your cosmetic professional needs to be able to ensure your health and safety during the procedure. However if the following happened, there is a likely chance that you could have a successful compensation case on your hands:

Procedure Mistakes: Your medical professional may have made a mistake during the dermal filler procedure. This could include over-correction where too much filler was injected or perhaps even an incorrect placement of the needle. This can make your skin look lumpy under the surface, meaning that you have unwanted side effects.

Incorrect Advice: If your cosmetic professional did not talk you through the procedure before treatment, including the pros, cons, risks and side effects, you have a case of medical negligence on your hand. They provided you bad advice and did not allow you to make an informed decision before taking the treatment. If you had been fully informed of the possible problems, you may not have had the treatment. This means you have a legitimate compensation case on your hands.

Allergic Reactions

Another reason why you may be able to claim for compensation is due to an allergic reaction. If you had not been questioned about any allergies, or asked to take a health risk assessment, this can show that you were not properly taken care of. Their negligence can give you a reason to file for compensation.

Waivers & Compensation

You may be worried about making a claim because you signed a waiver before treatment. Well, don’t worry, you can still claim regardless of this! Just because the surgeon/medical cosmetic professional informed you of the treatment, they still owe you a duty of care. This means if the cosmetic surgeon is negligent during the injection procedures, you can claim for compensation if you are injured.

How do you move forward with a cosmetic negligence compensation claim?

Botched Cosmetic Surgery is never fun to deal with on your own. So, we would recommend that the first thing you do is visit our medical negligence page to learn more about our cosmetic negligence claim solicitors. However, before you do so, make sure to gather up as much evidence as you possibly can, including dated contract papers and statements. You may also want to send a letter of complaint to the surgery that botched your fillers. That way you can inform them of your intent to claim compensation.

Gowing Law Solicitors are ready to help.

For more information, please contact Gowing Law Solicitors today! We would be more than happy to help with your medical negligence claim. Call 0161 808 8888 or email info@gowinglaw.co.uk. Our trained team of medical negligence claim solicitors would be happy to give you free advice on a no win, no fee basis.

We look forward to hearing from you soon!