Month: April 2024

Surgical Errors and Medical Negligence Claims

Post author By mcpicadofelipe
Post date 25 April 2024

April 2024

April 25, 2024

When a surgical error occurs, the consequences can be devastating. In the most serious cases, surgical negligence can lead to permanent injury or even death. One of the most well-known examples occurred in January 2000 at Prince Philip Hospital in Llanelli, where a surgeon mistakenly removed a patient’s healthy kidney instead of the diseased one.

More recently, NHS data shows that between April 2015 and September 2023, preventable surgical errors continued to occur. These incidents include wrong-site surgery, surgical instruments left inside patients, and operations performed on the wrong patient or body part. Reported cases include a child’s eyes being mistakenly stitched and a two-year-old left with surgical clips inside her chest following heart surgery.

Although all surgery carries some degree of risk, patients are entitled to safe treatment and clear information about potential complications. While some adverse outcomes are unavoidable, others may arise because of a surgical error and could amount to medical negligence.

Common Types of Surgical Errors

Excessive Bleeding and Bile Leaks

Bleeding during surgery can be a recognised risk. However, if excessive bleeding occurs because a surgeon damaged a major blood vessel, this may indicate negligence. A competent surgeon is expected to understand anatomy and use appropriate techniques to avoid such injury.

Similarly, bile leaks are a known risk of gallbladder surgery. Even so, surgeons must carefully inspect the surgical area before closing the wound. Failure to identify and address bleeding or bile leaks during surgery can result in serious complications and may constitute a breach of duty.

Damage to Internal Organs

Damage to internal organs can occur during abdominal surgery, including procedures such as hysterectomies or hernia repairs. Injuries to organs like the bladder or urethra should be identified and repaired before the operation ends. If such injuries are only discovered after surgery, this may indicate negligent care.

In hernia repair cases, an early recurrence of the hernia may also raise concerns about whether the initial surgery was performed to an acceptable standard.

Surgical Equipment or Swabs Left Inside the Body

Strict counting procedures must be followed during surgery to ensure that all equipment and swabs are accounted for. Leaving any object inside a patient’s body is considered a serious breach of duty and can lead to infection, pain, and further surgery. These incidents are often classified as “Never Events”.

Prosthesis Errors

During procedures such as hip replacement surgery, surgeons must select prostheses that are the correct size and properly positioned. Using incompatible components or placing a prosthesis incorrectly can result in pain, instability, and the need for revision surgery. In many cases, this may amount to negligence.

Incorrect Surgical Technique

Choosing the wrong surgical approach can also lead to negligent outcomes. For example, attempting keyhole surgery in a patient with extensive adhesions may increase the risk of complications due to poor visibility. If bleeding or organ damage occurs and is not identified during the operation, this may indicate a failure to meet the required standard of care.

Unnecessary Surgery

Misdiagnosis can sometimes result in patients undergoing unnecessary surgery. If a procedure was not clinically required and caused harm, this may form the basis of a medical negligence claim.

In some cases, post-operative complications such as internal bleeding require emergency corrective surgery. This can lead to additional scarring, prolonged recovery, and further trauma. Surgeons also have a duty of candour, meaning they must inform patients when errors occur and explain what went wrong.

If you have experienced complications following surgery, it is important to seek legal advice to determine whether those complications resulted from a surgical error.

What Is Required to Succeed With a Surgical Negligence Claim?

To pursue compensation for a surgical error, two key elements must be proven: breach of duty and causation.

First, it must be shown that the surgeon’s care fell below the standard expected of a reasonably competent surgeon. Importantly, trainee surgeons are held to the same standard as experienced consultants.

Second, you must establish that the breach of duty caused your injury. This requires a clear link between the negligent act or omission and the harm suffered.

To assess this, solicitors usually obtain a medical report from an independent expert surgeon working in the same specialty. This report addresses both breach of duty and causation.

What Compensation Can You Claim?

If you have suffered harm due to a surgical error, you may be entitled to compensation for pain, suffering, and loss of amenity. You can also claim for the cost of further medical treatment, including private surgery if required.

Where additional surgery has caused significant scarring, compensation may include the cost of cosmetic or plastic surgery. Claims can also cover financial losses such as loss of earnings, travel expenses, and care costs.

Your solicitor will advise you on all available heads of loss based on your individual circumstances.

Claims Following Death Caused by Surgical Errors

If a loved one has died due to a surgical error, the estate may bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. This allows recovery for the pain and suffering experienced before death, as well as expenses incurred.

In addition, dependants may bring a claim under the Fatal Accidents Act for loss of financial support, services, and, in some cases, a bereavement award. Eligible claimants may include spouses, long-term partners, and dependent children.

Time Limits for Surgical Negligence Claims

Most clinical negligence claims are subject to a three-year limitation period. This usually runs from the date of surgery or from the date you became aware that your injury was caused by negligence.

Importantly, making a complaint to PALS or the Ombudsman does not stop the limitation clock. If court proceedings are not issued within the three-year period, the claim may be barred.

In limited circumstances, the court may exercise discretion under section 33 of the Limitation Act to allow a claim to proceed out of time. A solicitor can advise whether this may apply to your case.

Who Is the Defendant in a Surgical Error Claim?

For NHS treatment, the defendant is usually the NHS Trust responsible for the hospital. For private surgery, the claim may be against the surgeon personally or the private hospital provider.

Where the NHS arranges treatment at a private hospital, the NHS may still retain liability for any negligent care provided.

How We Can Help

If you have suffered an injury due to a surgical error, or if a family member has died as a result of negligent surgery, our experienced Medical Negligence Solicitors can advise you on whether you have a claim.

We offer free, no-obligation initial advice and will guide you through every stage of the process with care and clarity.

To discuss your situation, please contact us by phone or email to arrange a confidential consultation.

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Tags clinical negligence, Medical Negligence

Executor Disputes

What Occurs When An Executor Does Not Follow The Will?

Post author By mcpicadofelipe
Post date 25 April 2024

April 2024

April 25, 2024

As the person appointed by a testator to with carrying out the wishes outlined in a will, an executor plays a pivotal role in the administration of an estate. However, if an executor fails to adhere to the instructions laid out in the will, it can lead to confusion, frustration, and legal complications. Here’s what occurs when an executor does not follow the will in the UK:

Breach of Duty: Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. If an executor fails to fulfil their responsibilities or acts contrary to the terms of the will, they may be deemed to have breached their duty.
Legal Consequences: Executors who do not follow the will may face legal consequences, including being held personally liable for any losses incurred by the estate or its beneficiaries as a result of their actions or inactions. This could include financial penalties or removal from their role as executor.
Challenging the Executor’s Actions: Beneficiaries or interested parties who believe that an executor is not fulfilling their obligations or is acting improperly have the right to challenge the executor’s actions through the courts. This may involve seeking an order from the court to compel the executor to carry out their duties or to remove them from their position.
Accountability: Executors are required to keep accurate records of their administration of the estate, including details of any decisions made and transactions conducted. If beneficiaries have concerns about the executor’s handling of the estate, they can request an account of the executor’s actions to ensure transparency and accountability.
Seeking Legal Advice: If you believe that an executor is not following the will or is acting in a manner contrary to their duties, seeking legal advice from a solicitor specialised in probate and estate administration is advisable. A solicitor can assess the situation, advise you on your rights and options, and help you take appropriate action to address any concerns.

Ultimately, the role of an executor is one of trust and responsibility, and it’s essential for them to carry out their duties diligently and in accordance with the wishes of the deceased. If an executor fails to follow the will, beneficiaries have legal recourse to ensure that the estate is administered properly and that their interests are protected.

Our team has extensive experience dealing with Inheritance Disputes.

We are sympathetic, understanding, and are here to help you every step of the way.

We can get it sorted.

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Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Will Disputes

What Is The Best Way To Resolve A Will Dispute?

Post author By mcpicadofelipe
Post date 25 April 2024

April 2024

April 25, 2024

Dealing with a dispute over a loved one’s will can be emotionally challenging and legally complex. However, understanding the available options for resolution can help you navigate this difficult situation with clarity and confidence. Here’s a guide to finding the best way to resolve a will dispute:

Open Communication: In many cases, disputes arise due to misunderstandings or miscommunications among executors and beneficiaries. Therefore, the first step in resolving a will dispute is often to engage in open and honest communication with all parties involved. This can help clarify concerns, identify common ground, and explore potential solutions amicably.
Mediation: Mediation offers a structured and confidential process for resolving disputes outside of court. A trained mediator facilitates communication between the parties and assists them in reaching a mutually acceptable agreement. Mediation can be particularly beneficial for preserving relationships and avoiding the time and expense associated with litigation.
Legal Advice: Seeking advice from a solicitor specialised in contested wills and probate matters is essential for understanding your legal rights and options. A knowledgeable solicitor can assess the merits of your case, provide guidance on the applicable laws, and represent your interests effectively throughout the dispute resolution process.
Negotiation: Negotiation involves the parties engaging in discussions to reach a compromise or settlement without the need for formal legal proceedings. Negotiating terms that address the concerns of all parties can often lead to a satisfactory resolution and avoid the adversarial nature of litigation.
Court Proceedings: In cases where alternative methods of resolution are unsuccessful or inappropriate, pursuing the matter through court proceedings may be necessary. This typically involves filing a claim with the court and presenting evidence to support your position. While court proceedings can be costly and time-consuming, they may be unavoidable in complex or contentious disputes.
Consider the Long-Term Impact: When evaluating potential resolutions to a will dispute, it’s important to consider the long-term impact on familial relationships, as well as the financial and emotional costs involved. Attempt for a solution that prioritises fairness, respect, and cooperation can help preserve harmony among family members and minimise the negative consequences of the dispute.

Ultimately, the best way to resolve a will dispute will depend on the specific circumstances of the case and the preferences of the parties involved. By approaching the dispute with patience, empathy, and a commitment to finding common ground, you can navigate the process effectively and achieve a resolution that meets your needs and objectives.

Our team has extensive experience dealing with Inheritance Disputes.

We are sympathetic, understanding, and are here to help you every step of the way.

We can get it sorted.

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Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Executor Disputes

Can I Remove An Executor Of A Will?

Post author By mcpicadofelipe
Post date 24 April 2024

April 2024

April 24, 2024

Most people accept the position of Executor of a person’s Will with a limited idea of the legal responsibility of the job and the amount of time that needs to be spent on fulfilling the required duties of the role. Probate disputes can swiftly erupt in cases where an Executor has a conflict of interest, is not progressing Probate, and/or keeping secrets regarding the whereabouts of certain assets (and these are merely a few examples). In such cases, you may wish to have the Executor removed.

Removing an Executor (sometimes referred to as a Personal Representative) can be a traumatic process for everyone involved as the Testator normally appoints a close relative or friend to undertake the role. Expert legal advice is necessary. An experienced Solicitor will advise you not only on whether you can remove the Executor but also, after weighing up the costs and benefits, whether it is worth pursuing such an action, both in terms of financial and emotional cost. Furthermore, they will explore every avenue of alternative dispute resolution, for example, mediation, and only pursue litigation if all alternatives have been exhausted.*

What are the most common grounds for removing an Executor?

Executors are typically removed because:

They have not administered the Estate correctly, for example, they are too slow in advancing Probate or have misappropriated funds.
Conflicts of interest. In the recent case of Re Estate of McDonald (Deceased) [2022] EWHC 2405 (Ch), the Court refused to pass over or remove an Executor on the grounds that there was a conflict of interest because the conflict arose from the Testator’s own decisions to make the Defendant both the beneficiary of a lifetime trust and subsequently Executor of the Will. However, the Court did remove the Executor on the grounds of ‘special circumstances’ under section 116 of the Senior Courts Act 1981.
Lack of mental or physical capacity to undertake the role or to perform the duties associated with the position.
The estate’s assets have not been protected, which has resulted in a loss in value.

The fact that the Executor and Beneficiaries do not get on is not normally sufficient reason to remove an Executor; however, in the case of Harris v Earwicker [2015] EWHC 1915 (CH), the Court ruled it was appropriate to order the removal of one of three Executors appointed under a Will, due to the total breakdown of relations between that Executor and the deceased’s children, who were the Will’s Beneficiaries.

Is it easy to remove an Executor of a Will?

If you bring a negligence claim against an executor, you may also want them removed from their role. However, this is not always easy.

In the case of Kershaw v Micklethwaite [2010] EWHC 506 (Ch) Justice Newey** (as he then was) confirmed that “if anything, the court should remove a trustee more readily than an executor”.
The Court can only remove an Executor under the law provided by a statute – they have no inherent jurisdiction to take such action. The relevant Acts are:

Section 116 of the Senior Courts Act 1981 – This provision is used to overlook the named Executor before a Grant of Probate is obtained and to appoint an alternative administrator. Any interested party can make this application, not just Beneficiaries and Creditors; for example, someone with a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or for proprietary estoppel.
Section 50 of the Administration of Justice Act 1985 – Applications under this provision can be made before or after the Grant of Probate by the Executor or Beneficiaries. This provision is used to remove or substitute an Executor, including when the Executor retires or leaves the position.
Section 1 of the Judicial Trustees Act 1896 – Although rarely used, this provision allows the Court to appoint a Judicial Trustee to administer the Estate. The Judicial Trustee is an officer of the Court and acts under the Court’s direction.

The welfare of the Beneficiaries is the Court’s starting point when exercising its discretion to replace an Executor. However, in Letterstedt v Broers [1884] 9 App Cas 371, Lord Blackburn made clear that “the acts or omissions must be such as to endanger the trust property or to show a want of honesty, or a want of a proper capacity to execute the duties, or a want of reasonable fidelity”.

Ultimately, the Court must consider that the deceased chose the Defendant to act as their Executor; therefore, they should only be removed if the circumstances are serious, for example, there is clear evidence of negligence or a conflict of interest.

Concluding comments

Like all disputes involving Wills and Probate, removing an Executor is not easy. Testamentary freedom, which is the freedom to leave one’s Estate to whom one wants, extends to choosing who one likes to be one’s Executor. Therefore, it is crucial to seek legal advice from a law firm that has a Disputes Resolution team who can ensure your best interests are protected, and your decisions are made after being given all the relevant information.

If you believe the Executor of a Will in which you are a Beneficiary should be removed, please talk to our Contentious Probate team. We will advise you honestly on the options available and the chances of you succeeding in a challenge.

We can usually work on a No Win, No Fee arrangement.

We can get it sorted.

It’s what we do.

Call us. It’s free to ask.

*In some cases, for example if there is a history of abuse in the family or one of the parties displays controlling and/or narcissistic tendencies, alternative dispute resolution methods may not be appropriate, and litigation is inevitable. If this is the case, your solicitor will ensure you are supported throughout the entire process.

**At the time of writing The Rt. Hon. Lord Justice Newey, is a Lord Justice of Appeal.

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Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Contentious Probate

My Father Left Me Out Of His Will – How Can I Fight This?

Post author By mcpicadofelipe
Post date 23 April 2024

April 2024

April 23, 2024

Discovering that you have been excluded from a loved one’s will can be upsetting and confusing. You may feel shocked, hurt, or uncertain about what steps you can take next. While you cannot challenge a will simply because it feels unfair, there are legal options available in certain circumstances.

This guide explains when you may be able to challenge a will, alternative claims you might bring against an estate, and how to protect your position during what can be a very difficult time.

Can You Challenge a Will If You Have Been Left Out?

Being excluded from a will does not automatically mean you have the right to challenge it. To contest a will, there must be legally recognised grounds.

Understanding Your Legal Rights

You cannot challenge your father’s will solely because you believe you were treated unfairly or expected to inherit. The court will only consider a challenge if there is evidence that the will itself is invalid or that the law has not been properly followed.

Grounds for Challenging the Validity of a Will

There are several recognised grounds on which a will may be challenged.

Lack of Testamentary Capacity

A will may be invalid if the deceased did not have the mental capacity to understand:

The nature of making a will
The extent of their estate
Who they should reasonably consider benefitting

This often arises where the deceased was suffering from dementia or another cognitive impairment.

Undue Influence

A will may be challenged if someone pressured, coerced, or manipulated the deceased into making a will that did not reflect their true wishes.

Lack of Knowledge and Approval

If the deceased did not understand or approve the contents of the will, or if it does not reflect their genuine intentions, there may be grounds for a challenge.

Failure to Follow Legal Formalities

A will must comply with strict legal requirements to be valid. If it was not properly signed or witnessed, it may be invalid.

If you have concerns about how a will was prepared, or believe it does not reflect what the deceased truly wanted, you may have grounds to challenge it.

Other Claims You May Be Able to Make Against an Estate

Even if a will is legally valid, you may still be able to bring a claim

Claims Under the Inheritance Act 1975

If you were not left reasonable financial provision, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This applies only to certain categories of people, including:

Spouses and civil partners
Children (including adult children and those treated as a child of the deceased)
Individuals who were financially dependent on the deceased

These claims are based on financial need, not entitlement, and strict time limits apply.

The Importance of Seeking Legal Advice

Contesting a will or bringing a claim against an estate can be legally complex and emotionally demanding.

Why Specialist Advice Matters

A solicitor specialising in contentious probate can:

Assess whether you have a valid claim
Explain your prospects of success
Advise on evidence and time limits
Protect your position from an early stage

Early legal advice is often critical.

Resolving Will Disputes Without Going to Court

Not all inheritance disputes need to be resolved through litigtion.

Considering Mediation

Mediation can be a faster and more cost-effective way to resolve disputes. It allows all parties to discuss their concerns with the help of an independent mediator and may preserve family relationships where possible.

When Court Proceedings May Be Necessary

If mediation is unsuccessful or not appropriate, court proceedings may be required.

Preparing for a Court Claim

Court claims can be lengthy and stressful. It is important to have realistic expectations, strong legal representation, and a clear understanding of the risks involved.

Communicating With Executors and Beneficiaries

Maintaining respectful communication with executors and other beneficiaries can sometimes help resolve disputes more quickly.

Protecting Your Interests

Before agreeing to any settlement or informal agreement, always seek legal advice to ensure your rights are protected.

We Can Help With Contentious Probate Claims

Challenging a will or making a claim against an estate can place enormous emotional strain on individuals and families. You do not have to go through it alone.

Our team has extensive experience handling contentious probate and disputed wills, providing clear advice and practical solutions.

We can get it sorted.

It’s what we do.

Call us – it’s free to ask

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Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Contesting A Will

Who Can Inherit If Someone Dies Without A Will? – The Rules Of Intestacy

Post author By mcpicadofelipe
Post date 22 April 2024

April 2024

April 22, 2024

When someone died without a will, their estate is distributed according to the rules of intestacy. These rules decide who inherits and how much they receive. Understanding them is essential, as they do not always reflect your wishes.

Below is a clear breakdown of who stands to inherit under the laws of intestacy in England and Wales.

Spouse or Civil Partner

If you are married or in a civil partnership and do not have children, your spouse or civil partner will inherit your entire estate under the rules of intestacy.

However, if you are divorced or your civil partnership has been legally dissolved, your former spouse or civil partner will not inherit.

If You Have a Spouse or Civil Partner and Children

The position changes if you leave behind both a spouse or civil partner and children:

If your estate is worth £322,000 or less, your spouse or civil partner inherits everything.
If your estate is worth more than £322,000, you spouse or civil partner receives:
– The first £322,000
– All personal possessions
– 50 % of the remaining estate

The remaining 50% is divided equally between your children.

Children

If you do not have a spouse or civil partner, your estate will be divided equally between your children.

If a child has died before you, their share will usually pass to their children (your grandchildren).

Other Relatives

If you have no spouse, civil partner, or children, your estate may pass to other blood relatives. This can include:

Parents
Siblings
Nieces and nephews

The exact order of inheritance depends on which relatives are alive at the time of death.

Unmarried Partners

Unmarried partners do not automatically inherit under the rules of intestacy, regardless of how long the relationship lasted.

As a result, this can cause serious financial and legal complications. For unmarried couples, making a will is essential to protect your partner.

Stepchildren and Foster Children

Stepchildren and foster children do not have an automatic right to inherit under the intestacy rules.

If you want them to receive a share of your estate, you must clarify this in a valid will.

The Limitations of Intestacy Rules

While the rules of intestacy provide a framework, they are often inflexible. They may not reflect modern family structures or personal wishes.

As a result, disputes are common.

Intestacy Disputes and Legal Support

Disputes arising from intestacy can be complex, particularly when multiple parties are involved. For this reason, seeking advice from a qualified probate solicitor is highly recommended.

A solicitor can:

Advise whether you have a potential claim against an estate
Assess the strengths and weaknesses of your case
Guide you through negotiations or court proceedings
Help gather the evidence needed to support your claim

Experienced Contentious Probate Solicitors

Our team has extensive experience dealing with contentious probate and intestacy disputes. We protect your position and work towards a clear resolution.

We can get it sorted.

It’s what we do.

Call us today – it’s free to ask.

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Tags Contentious Probate, contesting a will, defending inheritance disputes, inheritance disputes

Cosmetic Negligence

Tummy Tuck Gone Wrong – Claiming Compensation

Post author By mcpicadofelipe
Post date 18 April 2024

April 2024

April 18, 2024

Undergoing a tummy tuck, or abdominoplasty, is a significant decision aimed at achieving a slimmer, more contoured abdomen. However, when a tummy tuck goes wrong or complications arise, it can be distressing, affecting both your physical and emotional wellbeing. If you’ve experienced a tummy tuck gone wrong, you may be entitled to compensation. Here’s what you need to know.

Recognising Signs of a Tummy Tuck Gone Wrong

Complications from a tummy tuck can appear in several ways. Key warning signs include:

Infection

Persistent or worsening pain, redness, swelling, or discharge from the incision site.

Poor Cosmetic Outcome

Uneven contours, asymmetry, or excessive scarring that deviates from what was discussed during your consultation.

Nerve Damage

Loss of sensation or altered feeling in the abdominal area.

Hematoma or Seroma Formation

Accumulation of blood or fluid under the skin, causing swelling, pain, or bruising.

Delayed Healing

Prolonged or impaired wound healing, which can lead to complications such as wound dehiscence or tissue necrosis.

Legal Grounds for Tummy Tuck Compensation Claims

If you’ve experienced complications from a tummy tuck procedure, you may have grounds for a compensation claim under the following circumstances:

Negligence

The surgeon or medical staff failed to provide an acceptable standard of care during the procedure or post-operative care.

Breach of Duty

The surgeon or clinic deviated from established medical protocols or failed to address complications adequately.

Informed Consent

You were not fully informed of the risk associated with the procedure, or consent was obtained under duress.

Substandard Treatment

The surgical facility or equipment did meet regulatory standards, resulting in complications.

Steps to Take When Considering a Compensation Claim

To strengthen your case and protect your rights, follow these steps:

Document Your Experience

Keep detailed records of your tummy tuck procedure, including pre-operative consultations, consent forms, and post-operative care instructions. Take photographs of any complications or unsatisfactory results.

Seek Medical Assessment

Consult a medical professional to assess the extent of the complications and determine necessary treatment. Obtain copies of medical records and reports documenting your condition.

Consult Legal Advice

Contact a solicitor experienced in medical negligence or cosmetic surgery claims. They can assess your case, explain your rights, and guide you through the claims process.

Gather Evidence

Work with your solicitor to collect supporting evidence, including medical records, expert opinions, and witness statements.

Know Your Rights and Time Limits

The general limitation period for filing a claim is three years from the date of negligence, or from when you became aware of the negligence.

Compensation and Remedies for a Tummy Tuck Gone Wrong

If your claim is successful, you may be entitled to compensation for:

Medical expenses
Corrective surgeries
Lost earnings
Pain and suffering

Experiencing a tummy tuck gone wrong can be emotionally and physically challenging. However, you don’t have to suffer in silence. Seeking legal advice and pursuing a cosmetic negligence claim can help you obtain the justice and financial support you deserve.

Why Choose NJS Law for Cosmetic Negligence Claims

Our team has decades of combined experience in dealing with cosmetic negligence claims.

Our NJS Law Cosmetic Negligence Specialists are sympathetic, understanding, and committed to helping you get the outcome you deserve.

If you would like to discuss your case, please get in touch to arrange a free, no-obligation consultation.

We’re available via email or phone.

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Tags clinical negligence, Cosmetic Negligence

Cosmetic Negligence

Dermal Filler Compensation Claims Information Guide

Post author By mcpicadofelipe
Post date 17 April 2024

April 2024

April 17, 2024

Whether you’ve experienced adverse effects or complications from a dermal filler treatment, understanding your rights and options is crucial. This guide provides essential information to help you navigate the process effectively and explore your options for compensation.

Understanding Dermal Filler Complications

Dermal fillers are popular cosmetic treatments designed to enhance facial features, reduce wrinkles, and restore volume. While generally safe, complications can occur, ranging from minor to serious, including:

Common Complications

Mild swelling and bruising at the injection site
Redness or tenderness
Asymmetry or lumps under the skin

Serious Complications

Infection
Allergic reactions
Vascular occlusion (blockage of blood vessels, which can lead to tissue damage)

Legal Considerations for Dermal Filler Complications

If you have suffered complications from a dermal filler procedure, you may be entitled to compensation. Successful claims usually rely on proving negligence or malpractice by the practitioner or clinic.

Grounds for Compensation Claims

Negligence

If the practitioner failed to adhere to proper standards of care, resulting in harm or injury.

Informed Consent

If you were not adequately informed of the risks associated with the procedure or if consent was obtained improperly.

Product Defects

If the dermal filler used was defective or expired, leading to adverse effects or complications.

Steps to Take When Considering a Claim

Document Your Experience

Keep detailed records of your treatment, including dates, practitioner names, and any adverse effects or complications. Photographs can also help.

Seek Medical Attention

If you experience complications, seek prompt medical care. Retain all medical records, prescriptions, and treatment notes.

Consult Legal Advice

Contact a solicitor experienced in cosmetic negligence claims. They can assess your case, explain your rights, and guide you through the legal process.

Gather Evidence

Your solicitor will help collect supporting evidence, including medical records, witness statements, and expert opinions if necessary.

Know Time Limits

The general limitation period for filing a claim is three years from the date of the injury, or from when you became aware of the injury.

Compensation and Remedies

If your claim is successful, you may be entitled to compensation for:

Medical expenses and treatment costs
Rehabilitation or corrective procedures
Lost earnings
Pain and suffering

Navigating a dermal filler gone wrong claim can be complex, but with the right guidance, you can seek justice and financial support for the harm you’ve experienced.

Why Choose NJS Law for Cosmetic Negligence Claims

Our team has decades of combined experience in handling cosmetic negligence claims.

Our NJS Law Cosmetic Negligence Specialists are sympathetic, understanding, and committed to helping you achieve the outcome you deserve.

If you would like to discuss your case, please contact us to arrange a free, no obligation consultation. We are available via email or phone.

Ask NJS Law

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FAQ

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Tags clinical negligence, Cosmetic Negligence

Cosmetic Negligence

Can I Sue For Nerve Damage From An Injection?

Post author By mcpicadofelipe
Post date 16 April 2024

April 2024

April 16, 2024

Have you recently undergone a cosmetic procedure and suffered nerve damage as a result of an injection? If so, you may be wondering whether you have the right to pursue a cosmetic negligence claim.

Nerve damage caused by cosmetic injections such as Botox or dermal fillers can lead to long-term physical pain, emotional distress, and financial losses. In some cases, this damage may be the result of medical negligence or malpractice, meaning you could be entitled to compensation.

What Is Nerve Damage Caused by Cosmetic Injections?

Nerve damage can occur when a cosmetic injection is administered incorrectly, in the wrong location, or without proper skill and care. Symptoms may include:

Persistent pain or numbness
Muscle weakness or paralysis
Tingling or burning sensations
Facial asymmetry or loss of movement

When these symptoms arise due to poor practice, inadequate training, or lack of informed consent, legal action may be possible.

Can You Make a Legal Claim for Cosmetic Injection Nerve Damage?

If your nerve damage was caused by negligence during a cosmetic procedure, you may have grounds to pursue a legal claim against the practitioner or clinic responsible.

To succeed in a cosmetic negligence claim, several key factors must be considered.

Establishing Negligence

You must be able to show that the practitioner breached their duty of care. This may involve proving that:

The injection was administered incorrectly
The practitioner lacked appropriate training or qualifications
You were not properly informed of the risks
Accepted professional standards were not followed

Gathering Evidence

Strong evidence is essential when making a nerve damage claim. This may include:

Medical records and treatment notes
Independent medical expert reports
Photographs or scans showing the damage
Proof of financial losses and lifestyle impact

Time Limits for Making a Claim

Medical negligence claims are subject to strict time limits, known as the statute of limitations. In most cases, you have a limited number of years from the date of injury or from when you became aware of the damage. Seeking legal advice as early as possible is crucial.

Legal Representation

Cosmetic negligence claims can be complex. Consulting with experienced medical negligence solicitors can greatly improve your chances of success. A specialist solicitor can:

Assess the strength of your claim
Handle all legal procedures on your behalf
Communicate with medical experts
Fight for maximum compensation

What Compensation Could You Receive?

If your claim is successful, you may be entitled to compensation for:

Medical treatment and rehabilitation costs
Loss of earnings or reduced earning capacity
Ongoing care and support
Pain, suffering, and emotional distress

Why Choose NJS Law for Cosmetic Negligence Claims?

Our team has decades of combined experience handling cosmetic negligence and nerve damage claims.

The NJS Law Cosmetic Negligence Specialists are:

Sympathetic and understanding
Highly experienced in medical negligence law
Dedicated to achieving the best possible outcome for you

Contact Us for a Free Consultation

If you believe you have suffered nerve damage from a cosmetic injection due to negligence or malpractice, do not hesitate to explore your legal options.

We offer a free, no-obligation consultation and are available by phone or email. Contact us today to discuss your situation and take the first step towards justice and compensation.

Ask NJS Law

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Tags clinical negligence, Cosmetic Negligence