Tag: cosmetic

Clinical Negligence – Misdiagnosis Claims

Clinical Negligence can be extremely serious when it comes to the quality of life of any patient. For small wounds it may not have serious consequences, however a surgery or medical misdiagnosis can have a life changing effect. If this has happened to you then you may be considering how you can claim compensation for your misdiagnosis. These type of claims can get extremely complicated, especially as you may be trying to recover from your surgery. That’s why you need an experienced lawyer on your side to help you get the compensation that you deserve. With the right legal assistance, you can avoid any pitfalls and recover knowing that your case is in safe hands.

However, you may be feeling a little concerned that you do not know enough about clinical negligence to make a claim. So, before you dive into conversations with your solicitor about how you have been affected by clinical negligence, this blog will tell you exactly what you need to know about making a claim. Don’t forget to look at our medical misdiagnosis claims page for more information:

medical misdiagnosis claim

The Three Types of Clinical Misdiagnosis

If you are making a claim for clinical negligence, and it is relation to a misdiagnosis, there are three categories that it can come under; missed misdiagnosis, wrongful misdiagnosis and delayed misdiagnosis. Each of these claims can prove your medical practitioner was liable for misdiagnosing your illness or even making it worse. Here is what each of these different forms of negligence mean:

clinical negligence infographic

If you have become a victim to any of these forms of clinical negligence, it is likely that you have suffered quite a lot of damage to your body, health and overall quality of life. The longer it takes to diagnose your illness, the more likely that you will experience:

  • Worse symptoms
  • Problems due to the lack of appropriate medication
  • Side effects of inappropriate medication
  • Bodily discomfort and fragility
  • Limited resources for better treatment
  • A loss of money in buying pain medication
  • Embarrassment or self-consciousness

This is why it is crucial that you note down all of your symptoms and potential losses. These will eventually add up to the amount you should receive for your compensation claim.

clinical negligence time claim help

How is my medical practitioner liable for clinical negligence?

One of the most important things that you need to know is that every misdiagnosis claim is different. Some may be more complicated than others as it depends on how much has already been misdiagnosed and how bad the after-effects of your diagnosis were.

Liability depends on who was actually “at fault” for the misdiagnosis. Usually, this responsibility will land on the practitioner. For instance, if you were misdiagnosed with migraines when in reality you had a rare form of cancer, it would be the doctor’s responsibility to make sure you get the appropriate treatment. However, if you are getting cosmetic surgery and:

  • You signed a contract saying you are aware of the risks
  • You have all of the risks, surgery, treatments and symptoms explained to you
  • The misdiagnosis was made due to a legitimate mistake

It is likely that your doctor/ private or public health service will not be sued for compensation. This is because you were told everything that could potentially go wrong. You accepted the risks, therefore you understood what you were getting yourself involved in. However, if there was a genuine mistake involved in your diagnosis or surgery, it is likely that you will receive less compensation. The complication could not have been avoided, therefore you will only require compensation to assist in your recovery, rather than be focused on your losses.

How can I prove a medical misdiagnosis claim?

If you are a victim of clinical negligence, it is likely that you are looking for evidence that can prove your claim. These sort of claims are not as simple as work accident claims or RTA claims. You cannot just take photographic evidence of your practitioner making a mistake during your surgery or handing you the wrong medication. Instead, you need to focus on the previous communication you have had with your practitioner, as well as what sort of effect has happened to your body and health. If it has had a negative effect, it is likely that something has gone wrong during your treatment.

Now, a treatment may have gone wrong because of:

  • An incorrect diagnosis from test results.
  • A lack of experienced supervision.
  • The negligence of the doctor.
  • A lack of investigation of symptoms.
  • The lack of expertise from the doctor.

However, there is a chance that things may have gone wrong just because you were unlucky. If you are going to prove that your doctor was to blame, then you will have to prove the following:

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You can prove each of these three categories through your conversations you have had with your GP (aka. the lack of advice or instruction) and how your symptoms/injuries have got worse with medical treatment. Write down all of your potential losses. This will help you in the future when you figure out what exactly you want to claim for.

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What sort of compensation can I claim for clinical negligence?

If you are going to claim compensation for a medical misdiagnosis claim, it’s important that you consider what sort of special damages you could collect, as well as general damages. General damages normally include the pain and injuries you have suffered due to your treatment. They are the most common things you can claim for. However, special damages tend to be costs that happened as a consequence of your injuries. For instance, you may have lost out on your wage because you had to go to hospital to be re-examined.

Other damages you could claim for may include:

  • Your travel costs
  • The cost of your treatment
  • Additional medication and rehabilitation expenses
  • Income losses
  • Disabilities and pain caused by your treatment
  • The reduction of life expectancy

Each of these claims can add to the total amount you receive in compensation. Make sure to write down your losses and the evidence to prove that you do deserve a pay-out for these claims. The more evidence you have, the more likely that you will have a higher-pay out. Just remember, every claims case is different as it depends on your injuries, how much you have suffered and what you are currently suffering. Your claim can also incorporate any potential losses of income during your recovery time. This sort of claim could actually go up to £500,000 if you have suffered from a very bad injury. Discuss your potential pay-out with your solicitor to ensure you have a rough estimate about how much you could actually receive.

Clinical Negligence Actions: Important Facts

Whether you choose to go to Citizen’s Advice about your claim or you enlist the help of a trained solicitor, it’s important to realize that these sort of claims can be extremely time consuming and expensive. You may have found your experience traumatic, however you cannot use a compensation claim to:

  • Stop certain procedures in a hospital or at a medical practitioners
  • Discipline your doctor or practitioner
  • Get an apology for your injury

Clinical negligence cases are not based on emotion. You may feel hurt or upset about what has happened, however a legal case is solely about getting you the compensation that you need to recover. It is not about “he said-she said.” Keep this in mind for when your case goes to court.

How long do I have to make a clinical negligence claim?

Like most injury cases in the UK courts, there is a time limit for how long you can wait to make your claim. Usually, we would recommend waiting for at least 2 weeks before you meet with your solicitor. That way you can judge your injuries and know precisely what you want to claim for. You will have 3 years to make a claim, starting from the day you were injured. Make sure to give you and your solicitor enough time to go through your case and pick an appropriate court date.

Keep in mind that the longer you leave your claim, the longer it will take to actually claim your compensation. Due to Covid-19, there has been a backlog in the UK court system. That means that it is more likely that you will have to wait a few months to hear back about when you could go to court. This is why it is essential that you claim for your pay-out as quickly as possible.

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How do I make a clinical negligence claim?

One of the first things you need to do is organize your evidence for your claim. If you are going for a higher pay-out, you will need more evidence to back up your compensation claims. Consider your losses carefully and write detailed notes about what could constitute as evidence. This could include communication with your practitioner or witness statements made by those who have seen your daily life, and how it has become harder thanks to your injuries.

You will then want to find a trained solicitor to help you go through the details of your case. Clinical negligence cases can be very complicated and can even be handled through a settlement before they go to court. That means you need to make sure that every detail of your case is checked over with a fine tooth comb. Your lawyer can do this and even represent you if your injuries make it too difficult for you to show up in court.

Gowing Law Solicitors can help you with your misdiagnosis claim

medical misdiagnosis claim

Gowing Law Solicitors are professional lawyers that are here to help you with your claim! We help people like you all over the UK get the money they deserve to help them recover from their injuries. We understand that this can be a scary time for you, especially during Covid-19. However, a pay-out from this type of compensation claim can really help you feel more secure as you get better. Let Gowing Law’s solicitors get on with the hard work of your claim whilst you relax.

We can offer you free advice on your claim. This can all be done remotely to help protect you from Covid-19 if you are feeling nervous about the pandemic. If you do decide to work with us, our services can be offered on a “no win-no fee” basis. That means you will not have to pay any fees if we do not win your case. So, what is the real risk of giving it a go? You have nothing to lose!

Contact Gowing Law Solicitors now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our chat feature located on our contact page. From there, one of our team members will get in contact with you as quickly as possible to discuss your claim. Feel free to share with them any questions you may have.

Want to read more?

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Do you want to learn more about medical misdiagnosis claims and clinical negligence? You can do so from our blog! We keep it updated with the latest articles and information. We recommend starting with these blogs:

We also talk about many other legal topics, including public accidents, accidents at work, RTA accidents and financial mis-selling. If you have a topic that you would like us to cover, please let our friendly team know! We would be happy to write about it. Send in your suggestions to info@goinglaw.co.uk. You can also let us know whether or not you want to be signed up to our weekly newsletter.

We look forward to seeing you in our next blog!

Botched Cosmetic Surgery

Botched cosmetic surgery can leave patients feeling depressed about their appearances and worried about the future. They decided on surgery because they wanted to improve their appearances or perhaps get rid of scar tissue. To know that their surgeons have actually damaged their bodies, or perhaps have caused some sort of worsening injury can truly make a victim of botched surgery feel like they have nowhere to turn. No one deserves to lose confidence because of botched surgery. This is where Gowing Law Solicitors can step in to help you.

You will be happy to hear that we are specialists in medical negligence claims, especially when it comes to getting compensation. We understand that it can be difficult to get compensation if you are recovering from your injuries. That’s why we would be happy to represent you in court and help you understand exactly what you are owed. Visit our medical negligence page for more information!

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What is cosmetic surgery?

It is always good to start with the basics of a negligence claim. That way, we can build up your understanding of why you may be owed compensation for your claim. Cosmetic surgery is where a certain part of the body is enhanced or changed to fit someone’s expectations of themselves. Usually, these procedures can be quite expensive, but this does depend on the type of procedure you have. Some treatments may only be small, for instance it could be for covering over a scar or injecting dermal fillers. However, in other cases the surgeries may be more extensive. Take a look at some examples below:

botched cosmetic surgery examples

As you can see there are many different types of surgeries that you can undergo to change, improve or alter your body. However, each of these surgeries do come with their risks. You have to remember that the success of these surgeries does depend on your body. Each body is individual and may reject the procedures put in place. For instance, if you had breast reduction surgery, there is a chance that any staples or stitching may become undone and create wounds as the breast re-expands.

That’s why if you are the victim of a botched cosmetic surgery, you need to understand whether it has come from the fault of a surgeon or if it is just due to an unlucky mistake or reaction from your body. This will affect how much compensation you get, if any at all.

negligence compensation claims help

What can happen if I am the victim of botched cosmetic surgery?

No one wants their surgery to go wrong. When you undergo treatment, there is a chance a mistake could happen. This could result in scars, wounds or even infection if the surgery incisions are sterilized or the tissue is rejected by the rest of the body. If this does happen then it may even require additional surgery to be corrected. You don’t deserve to go through any additional pain, especially if you have spent a lot of money on the surgery.

If you do have physical damages, you may need to get them assessed by a medical professional. They can put you on a course of antibiotics. There may even be a chance that you could get corrective surgery re-scheduled by the NHS if you speak to your doctor about it. However, throughout these observations, make sure to get a copy of your medical records. These can show the extent of your injuries and can prove the losses you have suffered. If you can prove that your medical practitioner was at fault for your botched cosmetic surgery, these will be extremely valuable to prove your damages. This is the same for any type of beauty treatment compensation

Botched Cosmetic Surgery: Proving you are not at fault

Now, if you have been hurt by botched cosmetic surgery, the first thing you need to do is prove that you were not at fault for the accident. In other words, you need to show that your surgeon breached their “duty of care” towards you.

duty of care definition

Before you went in for your surgery, your surgeon must have explained the risks of the procedure and what was to be expected from the surgery itself. They may have also given you a booklet of information to read or asked you to sign a waiver. This waiver was to show that you acknowledged the risks of your surgery, so if anything did go wrong then it could be treated quickly and efficiently. However, if this was never done for you then it is a clear sign that the practitioner has been negligent. This is where you can proceed to ask for compensation for your damages and losses.

Examples of medical negligence

Medical negligence can come in many forms. It does not have to be just through physical injuries or botching up a surgery. As sponsors of Botched! and experts in cosmetic damages, we know that there are many other ways a cosmetic surgery may have let down their patients. This may have included:

  • Operating on the wrong patient
  • Leaving surgical equipment in the patient’s body
  • Using the wrong type/amount of anaesthesia
  • Damaging nerves, muscles or tissue during the surgery
  • Infections around the area of surgery
  • Surgery on the wrong area of the body/organ
  • Fatality of the patient/Death

death of a loved one advice

Negligent Hospital Environments

Another thing that you have to remember is that there are more ways that you could experience an accident than during the surgery. Your procedure may have gone fine. However, as you tried to recover in hospital, there may have been some complications that interfered with your treatment. For instance, you may have been given the wrong medication after surgery that could have led to an overdose. Other examples may include:

  • Broken medical equipment or products used to help you recover from surgery
  • Unhelpful aftercare which may have resulted in blood clots, infection or bed sores
  • Problems with breathing apparatus, feeding tubes or chest tubes

You must consider the entirety of your treatment before, during and after the surgery. That way you can provide evidence about your losses and how your body was damaged by your surgeon.

Proving liability in botched cosmetic surgery

Now that you have understood the type of injuries you have had due to your surgeon’s negligence, you need to figure out how you can have a successful cosmetic negligence claim. When you work with a solicitor, they will process the validity of your claim through the following categories:

1. Negligence Proof

You will need to show how the NHS or your private surgeon was negligent or that the level of care you experienced fell below your expectations. It also seemed less than what was to be expected from a medical professional. In order to back this up, you will need someone in a medical field to back up your claim. This can be the doctor who assessed your injuries or tried to fix them.

2. Consequences

Your injuries and losses came directly from this negligent treatment. In other words, you only got hurt because of the surgery you experienced. For instance, you may have had a breast enlargement scheduled but the doctor gave a breast reduction. This shows that the surgeon misunderstood your surgery and botched the treatment.

3. Damages & Losses

The extent of your losses go outside of just your injuries. You need to consider what other types of losses you experienced due to your surgery. For instance, if you were too ill to go to work after the treatment, you may have lost out on wages. This means that you have suffered a financial loss.

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Evidence & Compensation

You have analysed the type of losses you have made that could make up compensation. However, to prove that these losses did affect you, you need to prove that they actually happened in the first place. This means that you need to have evidence to back up your claims. If you do not have any evidence it will simply become a case of “he said, she said.” This will mean that you do not have a strong enough case to get you the compensation you deserve for your losses.

Having a good amount of evidence can back up your injuries and show why you deserve compensation. Compensation is mainly to get you back into the position that you would have been in if you were not injured. That’s why if you have more losses, with evidence, then you can claim for more compensation. Make sure to find the following evidence:

  • Photos and videos of your injuries
  • Photos and videos of the negligent environment
  • Communication between you and your medical practitioner- Or the lack of it.
  • Proof that you were not given any documentation that would show the risks of your treatment
  • Witness statements
  • Diary entries made about your losses (i.e. Being too embarrassed to leave the house because of your appearance would count as an emotional damage)
  • Medical reports
  • Rehabilitation costs and reports

You will also want to keep notes about any correspondence you have with insurance companies or your surgeon. That way if you are offered a settlement, you can bring this correspondence to your lawyer. They can let you know whether or not you could be due more than what is being offered. You can also bring this evidence to the court about your claim and why you believe that you are a victim of negligence.

How much could I claim from medical negligence compensation?

This depends entirely on the injury you have received from your surgery and how bad your losses are. Every compensation case is different. If you have had a life-changing botched surgery that has affected your quality of life, you could be owed thousands in compensation. It simply depends on how much evidence you have that you were the victim of medical negligence. If you speak with a solicitor they can help you estimate the total of your compensation pay-out/.

How long do I have to make a claim?

You will have three years from the time the botched surgery occurred. We would recommend that you get in contact with a professional lawyer as quickly as possible. That way you can speak to us before your wounds get any worse. You do not want to lose vital evidence by waiting, which is you should speak to a solicitor today if you are a victim of medical negligence. Do not wait any longer, seek professional help!

Gowing Law Solicitors can help you with your botched cosmetic surgery claim

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Gowing Law Solicitor is a professional Manchester law firm that specializes in cosmetic negligence claims. If you decide to work with our professional lawyers then you will know that your claim will be in safe hands. We can work remotely to protect you from Covid-19 and can offer helpful advice and free consultations. If you decide to work with us then we can offer our services on a “no win-no fee” basis. That means you will never need to pay any hidden fees for our help. If we do not win your case then you will not need to pay any fees at all. So, what’s stopping you from making a claim?

Contact Gowing Law today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger on our contact page. One of our friendly team members will be in contact as quickly as possible to answer any additional questions you may have about your claim.

Read more about botched cosmetic surgery claims!

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Here at Gowing Law, we are proud that we have an amazing blog that is kept updated weekly with the latest information about:

  • Public accidents
  • Work Accidents
  • RTA Claims
  • Criminal Injury Claims
  • Financial Mis-Selling

If there is a topic that you would like us to cover then let our team know! Send in your suggestions to info@gowinglaw.co.uk. We can also sign you up to our weekly newsletter.

We wish you the best of luck with your claim and look forward to helping you soon. See you in our next blog!

Suffered an Injury or Side Effect after Dermal Fillers?

Have you suffered an injury or side effect after Dermal Fillers?

Dermal fillers are becoming increasingly popular among women and men in recent years. They are injections that are used to fill out wrinkles and creases in the skin, as well as to create a fuller appearance of lips and cheeks.

There is a wide range of filler types and brands out there, some are more suitable for certain parts of the face than others so that they provide the best results for that area. Some effects of dermal fillers can last longer than others, the materials used in the different types can last anywhere from a couple of months to permanently, depending on the type of filler.

Collagen – can last 3 – 4 months

Hyaluronic Acid – can last 4 -6 months

Calcium hydroxylapetite – can last up to 18 months

Poly-L-Lactic Acid (PLLA) – can last up to 2 years if continuously injected over a long period of time

Polymethylmethacrylate beads (PMMA) – effects can be permanent which can be extremely risky

Side Effects

As with any cosmetic procedure there are risks that come with dermal fillers, especially if the client is looking to achieve permanent or long lasting results. No matter how experienced the aesthetician is, there is no guarantee that the desired effect will be achieved.

Common side effects after having dermal fillers are swelling, slight bruising and redness of the area injected, however these should start to die down within 24 hours of the procedure.

Some of the more serious side effects of dermal fillers that can last up to a number of weeks include:

  • Scarring
  • Allergic Reaction
  • Nerve Damage
  • Lumps under the skin
  • Filler moving from the intended area over time
  • Blocked blood vessels
  • Blurred Vision/Loss of sight

If any of these more serious side effects occur it is important to report back to the aesthetician who carried out the procedure or in more severe cases such as an allergic reaction, blurred vision or a blocked blood vessel, seek immediate medical attention!

If you have suffered from side effects or injury after a dermal filler procedure, you can make a claim for personal injury! At Gowing Law we understand how stressful these injuries and side effects can be. We have a professional and dedicated team ready to advise and support you throughout your claim.

Had an Allergic Reaction to Hair Dye?

Having an Allergic reaction to Hair Dye – Symptoms and Treatments

Have you suffered from an allergic reaction to hair dye? It is extremely important that hairdressers carry out patch tests on clients before dying hair. It is most likely that when someone has an allergic reaction to hair dye they are actually allergic to one of the chemicals used in the dye. There are three chemicals commonly used in hair dye that can cause reactions to skin, ammonia, hydrogen peroxide and para-phenylenediamine (PPD).

The allergic reaction is caused by contact dermatitis, which as a skin reaction when it comes into contact with the dye. The reaction can cause dryness, redness, irritation and swelling. PPD is a known irritant and allergen and is the main chemical used in most hair dyes and is responsible for most allergic reactions.

Always follow instructions provided when dying hair at home and always be sure to carry out a patch test 48 hours before dying hair, this should be a small patch of dye applied behind the ear or the inner elbow.

Symptoms & Treatments

An allergic reaction to hair dye can vary from mild irritation to much more serious symptoms, symptoms can appear up to 48 hours after contact or stronger irritants can cause a reaction almost immediately.

A mild reaction to PPD in hair dye can cause irritation and inflammation to the scalp, neck, ears or eyelids. The skin that has come into contact with the dye might develop a burning sensation and appear red, swollen and blistered.

The relief mild symptoms of a reaction, make sure the hair is rinsed thoroughly and washed with a very mild shampoo. If the irritation persists steroid cream can be prescribed from a GP or even purchased over the counter in some pharmacies.

A severe reaction to PPD in hair dye can cause the client to go into anaphylactic shock, symptoms of this include:

  • Itchy skin or a raised, red rash
  • Feeling lightheaded
  • Swelling of eyes, lips, hands and feet
  • Mouth, throat or tongue swelling, which can make breathing difficult
  • Vomiting
  • Loss of consciousness

If someone is experiencing a severe allergic reaction they must seek medical attention immediately and 999 should be dialed.

To make a claim with Gowing Law Solicitors about your medical negligence, visit our website for more information!

Hair & Beauty Claims – FAQ’s

Hair and Beauty Claims – Your Frequently Asked Questions Answered

 

Some people may be unaware that they can bring a claim for personal injury against a salon, hairdresser or beautician if a treatment has left them with an injury or damaged hair. Head over to our previous Hair and Beauty Claims post to read the different kind of damages and injuries you can claim for! Here we answer your frequently asked questions about bringing a hair and beauty claim.

 

FAQ’s

Will it cost me anything?

No, we operate all of our claims on a No win No Fee basis. This means that if your claim is unsuccessful then you should not be charged anything. The No Win No Fee arrangement will mean that there is nothing for you to pay upfront and, if your claim is successful, you will pay no more than 25% of the amount you are awarded.

How much compensation will I get?

If you are claiming for hair damage we will arrange an appointment with a hair and scalp specialist (Trichologist) on your behalf. The specialist will evaluate the severity of the damage to your hair or scalp and then determine the period of time it will take for your hair to return to its prior length or condition. We will then use the Trichologist report to calculate the amount of compensation we believe you should receive.

If you are claiming for skin damage after a procedure, we will arrange an appointment with a skin specialist to assess the damage. The specialist will then prepare a report to evaluate the severity of the damage and in some cases may recommend further treatment if necessary. We will then use this report to calculate the amount of compensation we believe you should be awarded.

Will I have to provide photographs?

We will require you to send before and after photographs of hair damage as well as photos of any injuries or scarring. We understand that some injury photos may be intimate (such as a waxing or laser hair removal injury) we have a team of highly qualified and experienced female solicitors upon request of the client to deal with both intimate and general hair and beauty claims who will handle all cases with confidentiality and professionalism to ensure our clients feel at ease and comfortable with their claim.

Is there a time limit for bringing a claim?

You have 3 years from the date of the incident to bring a claim for injury or hair damage after a hair or beauty treatment

Can I claim against a mobile hairdresser?

When bringing a claim for hair damage or personal injury the claim is against the insurance of the salon. There is no legal requirement for mobile hairdressers to have insurance, unless they have employees working for them, then by law they must have employers liability insurance. If you were to attempt to bring a claim against a mobile hairdresser who has no insurance we would send a letter of claim to the individual, it is unlikely that the individual would be able to afford to pay the client compensation so it’s always best to check your mobile hairdresser has insurance before booking an appointment!

Top 5 Cosmetic Surgery Procedures

Breast Implants

The most popular procedure of all includes enlargements, uplifts and implant replacement.

Liposuction

Surgery to remove excess fat from parts of the body.

Facelift

Face and Neck lifts remove wrinkles and create a more youthful appearance.

Eye Bag Removal

The removal of bags from around the eyes.

Breast Reduction

Making breasts smaller, one in twenty of all breast operations is now a reduction.

Have you ever had any of these cosmetic surgery treatments? Did these treatments go to plan? Have you been left in pain or with disfigurement?

At Gowing Law our goal is to handle your case quickly and efficiently, so you can get the funds you need to rebuild your life. Fill out the contact form and we’ll contact you shortly to set up a consultation. You can also call us at 0161 808 8888 to talk to one of the Team today. We can offer you our services on a “no win-no fee” basis. That means you will always come out on top and will never need to pay any hidden fees. We will always be upfront about our costs.

 

Should you want to learn more about medical negligence claims for cosmetic surgery, you should visit our blog. It contains information about legal matters, seasonal events and our latest updates. If you want us to cover one of your questions in our blog, feel free to send in your questions to info@gowinglaw.co.uk. We will let you know when we are going to write about it.

We look forward to seeing you in our next blog!