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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:

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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.

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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

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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:

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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!