Author: mcpicadofelipe

Dental Negligence in England: What It Is and How to Claim Compensation

Post author By mcpicadofelipe
Post date 30 October 2023

mcpicadofelipe

October 30, 2023

Dental care plays a vital role in maintaining overall health and wellbeing. Unfortunately, access to safe and timely dental treatment in England is currently falling well below acceptable standards.

In 2022, the BBC reported that nine out of ten NHS dental practices were not accepting new adult patients, while eight out of ten were unable to take on new child patients. As a result, dentists are under extraordinary pressure, increasing the risk of negligent dental treatment.

Although Labour has pledged an additional 700,000 NHS dental appointments and supervised toothbrushing in schools if elected in 2024/25, the reality is that many patients are already suffering harm.

In this article, we explain the most common types of dental negligence and outline how you may be able to claim compensation if you have been affected.

What Is Dental Negligence?

Dental negligence occurs when a dental professional fails to provide care that meets an acceptable standard, resulting in injury, pain, or avoidable harm to a patient.

Below are some of the most common examples of negligent dental care.

Common Types of Dental Negligence

Misdiagnosis and Delayed Diagnosis

Dentists have a duty to diagnose and treat oral health conditions accurately and promptly. When they fail to do so, the consequences can be severe.

Misdiagnosis may lead to:

Incorrect or unnecessary treatment
Failure to treat the underlying condition
Worsening symptoms

Delayed diagnosis can allow conditions to progress unchecked. In serious cases, such as undiagnosed oral cancer or advanced gum disease, this can result in permanent damage or even death.

For example, in September 2023, a woman was awarded £9,250 after her dentist failed to diagnose periodontal disease. The condition became so severe that it caused her significant discomfort and mental distress.

Inadequate Treatment Planning

Proper treatment planning is essential for safe and effective dental care. Negligence can occur when a dentist fails to consider:

A patient’s medical history
Allergies or medications
Pre-existing dental conditions

Poor planning can lead to avoidable complications, adverse reactions, and unnecessary procedures.

Surgical Errors

Dental procedures such as tooth extractions, dental implants, and root canal treatments carry inherent risks. However, negligence may arise when mistakes are made, including:

Nerve damage during extractions or implant placement
Inadequate anaesthesia causing pain during treatment
Accidental perforation of the sinus or surrounding structures
Infection due to poor sterilisation

Surgical errors can result in prolonged recovery, severe pain, and irreversible injury.

Inadequate Hygiene and Infection Control

Strict hygiene standards are critical in dental practices. Failure to follow proper infection control procedures may result in the transmission of infections between patients.

Examples of negligence include:

Poor sterilisation of dental instruments
Inadequate hand hygiene
Improper disposal of contaminated materials

Lack of Informed Consent

Patients have a legal right to make informed decisions about their treatment. A dentist may be negligent if they fail to:

Explain all available treatment options
Clearly outline potential risks
Discuss realistic outcomes

Without informed consent, patients may undergo procedures without fully understanding the consequences.

Substandard Cosmetic Dentistry and Restorations

Teeth play a crucial role in both appearance and oral function. Negligent cosmetic dental work involving fillings, crowns, veneers, or bridges can result in:

Poor bite alignment
Loose or ill-fitting restorations
Infection
Teeth dying or decaying
Severe pain and discomfort

Failure to Refer to a Specialist

Some dental conditions require specialist care. Negligence may occur if a dentist fails to refer a patient to an appropriate specialist, such as:

Oral surgeons
Orthodontist
Periodontists (gum disease specialists)

For example, untreated gingivitis can develop into periodontitis, a serious form of gum disease that damages the bone and ligaments supporting the teeth. If left untreated, this can result in tooth loss and wider health complications.

Poor Record Keeping and Communication

Accurate records and clear communication are essential for safe dental care. Negligence can arise when:

Patient records are incomplete or inaccurate
Important information is not shared with other professionals
Treatment plans are poorly documented

These failures can lead to mismanagement and inappropriate treatment.

How Can I Sue a Dentist in the UK?

If you believe you have received negligent dental treatment, it is important to contact an experienced Dental Negligence Solicitor as soon as possible.

Under the Limitation Act 1980, most dental negligence claims must be brought within three years of the injury or the date you became aware of it.

To succeed in a dental negligence claim, you must prove that:

The dentist owed you a duty of care
They breached that duty
The breach caused you harm

Your solicitor will usually instruct an independent dental expert to assess your treatment. Their report will help determine whether negligence occurred and how much compensation may be awarded.

Why Claim Dental Negligence Compensation?

Negligent dental care can cause long-term pain, disfigurement, and emotional suffering. It can also seriously impact confidence and mental health.

Compensation may help cover:

Private corrective dental treatment
Medical expenses
Loss of earnings
Rehabilitation and future care

With the ongoing shortage of NHS dentists, compensation may provide vital access to private restorative treatment.

Speak to a Dental Negligence Solicitor Today

You do not have to suffer in silence. Our Dental Negligence Solicitors have decades of combined experience successfully advising and representing clients across the UK.

We are sympathetic, understanding, and committed to supporting you throughout the claims process.

Contact us today to arrange a free, no-obligation consultation by phone or email.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Tags clinical negligence, Dental Negligence

Occupier Liability

What Should I Do After a Slip and Fall Accident?

Post author By mcpicadofelipe
Post date 10 October 2023

mcpicadofelipe

October 10, 2023

A slip and fall accident can happen unexpectedly, leaving you with injuries and a sense of confusion about what to do next. Whenever it occurs, it’s essential to take specific steps to protect your health, well-being, and legal rights.

Prioritize Your Health:

The first and most critical step is to ensure your immediate well-being:

Seek Medical Attention: Even if your injuries seem minor, it’s vital to consult a healthcare professional. Some injuries, like internal trauma or head injuries, may not exhibit immediate symptoms but can worsen over time.
Follow Medical Advice: Adhere to your doctor’s recommendations for treatment, medication, and follow-up appointments. Document all medical records and bills for future reference.

Report the Incident:

If the slip and fall occurred on someone else’s property or in a public place, report the incident:

Notify the Property Owner or Manager: Inform the property owner, manager, or supervisor about the accident as soon as possible. Request that they document the incident and provide you with a copy of the incident report.

Gather Details:

Take note of the names and contact information of the property owner or manager, as well as any employees who witnessed the incident.

Document the Scene:

To build a strong case, collect evidence related to the accident:

Take Photographs: Use your phone or camera to capture images of the accident scene, including any hazards or defects that caused the fall, such as wet floors, broken stairs, or uneven surfaces.
Preserve Clothing and Shoes: Keep the clothing and shoes you were wearing at the time of the accident. They may serve as evidence in your case.

Collect Witness Information:

If there were witnesses to the fall or the hazardous conditions, obtain their contact information. Witnesses can provide crucial testimony to support your claim if the matter goes to court.

Consult a Personal Injury Solicitor:

If you believe negligence on the part of the property owner or another party contributed to your slip and fall, consider seeking legal advice.

A personal injury solicitor can help you understand your legal rights and whether you have a valid claim for compensation. They can guide you through the legal process and negotiate on your behalf.

If you’ve suffered injures because of an accident that was not your fault, then Nicholson Jones Sutton Solicitors can help you get the compensation you deserve.

Our team of personal injury specialists will provide effective, clear and honest advice, making what may seem like a complicated process easier to cope with, safe in the knowledge that we’re on your side.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Tags occupier liability, Personal Injury, public liability

Medical Negligence

What Are The Steps To Claim For Medical Negligence

Post author By mcpicadofelipe
Post date 4 October 2023

mcpicadofelipe

October 4, 2023

When you or a loved one has suffered harm as a result of medical negligence, understanding your legal rights is essential. Knowing how the claims process works can also help you feel more confident about taking the next steps. This guide explains how to make a medical negligence claim and what to expect at each stage.

Seek Legal Advice Early

First and foremost, you should seek advice from a solicitor who specialises in medical or clinical negligence. An experienced solicitor will assess the merits of your case, explain your legal rights, and guide you through the claims process from the outset.

Establish the Standard of Care

To succeed with a medical negligence claim, you must show that the healthcare provider breached their duty of care. In other words, the treatment you received must have fallen below an acceptable medical standard. Your solicitor will help identify whether this threshold has been met.

Gather Supporting Evidence

Next, your legal team will collect evidence to support your claim. This may include medical records, witness statements, expert medical opinions, and other relevant documentation. Strong evidence is crucial to demonstrating negligence and supporting your case.

Prove Causation

In addition to proving a breach of duty, you must also establish causation. This means showing a direct link between the negligent care and the injury or harm you suffered. Your solicitor will work closely with medical experts to demonstrate that the negligence caused or worsened your condition.

Notify the Healthcare Provider

Before formal court proceedings begin, your solicitor will usually send a Letter of Notification to the healthcare provider or organisation involved. This letter sets out the allegations and gives the provider an opportunity to investigate and respond.

Consider Medical Negligence Mediation

In some cases, mediation may offer a quicker and less stressful way to resolve the dispute. Mediation involves an independent third party who helps both sides reach a mutually acceptable settlement without going to court.

Issue Court Proceedings if Necessary

If mediation is unsuccessful or inappropriate, your solicitor will issue court proceedings on your behalf. At this stage, the healthcare provider will formally respond to the claim.

Obtain Expert Witness Evidence

Medical negligence claims often rely on expert witness testimony. Independent medical professionals provide opinions on whether the standard of care was breached and whether that breach caused the injury. Your solicitor will instruct suitable experts to strengthen your case.

Negotiate a Settlement

Throughout the process, there may be opportunities to negotiate a settlement. Many medical negligence claims are resolved without a trial. If a fair settlement is reached, the case can conclude sooner and with less stress.

Proceed to Trial if Required

If settlement negotiations fail, the claim will proceed to trial. Both sides will present their evidence, and a judge will decide the outcome based on the facts and expert testimony.

Compensation Outcomes

If your claim is successful, you may receive compensation for medical expenses, loss of earnings, rehabilitation costs, future care needs, and other financial losses resulting from the negligence.

How NJS Law Can Help

Our NJS Law Medical Negligence Specialists are compassionate, understanding, and highly experienced in pursuing medical negligence claims. We are committed to helping you achieve the best possible outcome.

If you would like to discuss your situation, please contact us to arrange a free, no-obligation consultation. We are available by phone or email and are here to support you every step of the way.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Tags clinical negligence, Medical Negligence

Medical Negligence

What Is Medical Negligence?

Post author By mcpicadofelipe
Post date 2 October 2023

mcpicadofelipe

October 2, 2023

Medical negligence, also known as clinical negligence, occurs when a healthcare professional provides care that falls below an acceptable standard. As a result, the patient suffers harm, injury, or unnecessary complications.

Although most medical treatment is delivered to a high standard, mistakes can and do happen. For this reason, it is important for patients and their families to understand the most common types of medical negligence and how they arise.

This guide explains the main forms of medical negligence and when a compensation claim may be possible.

Common Types of Medical Negligence

Medical negligence can occur at almost any stage of diagnosis or treatment. Below are some of the most frequent examples.

Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical negligence involves errors in diagnosis.

Misdiagnosis occurs when a healthcare professional incorrectly identifies a patient’s condition. As a result, the patient may receive inappropriate treatment or no treatment at all.
Delayed diagnosis happens when a condition is not identified promptly. Consequently, the illness may progress, reducing treatment options and worsening the outcome.

Both scenarios can lead to avoidable pain, complications, or death.

Surgical Errors

Surgical negligence can have serious and sometimes life-changing consequences. Common examples include:

Wrong-site surgery, where an operation is carried out on the wrong part of the body
Retained surgical instruments, meaning tools or foreign objects are left inside the patient
Anaesthetic errors, such as incorrect dosage or failure to monitor the patient properly

These errors can result in severe injury, prolonged recovery, or further corrective surgery.

Medication Errors

Medication mistakes are another frequent cause of medical negligence claims.

Prescription errors occur when the wrong drug or dosage is prescribed
Dispensing errors happen when a pharmacy provides incorrect medication or instructions

In either case, patients may suffer adverse reactions, worsening symptoms, or long-term harm.

Birth Injuries

Medical negligence during pregnancy, labour, or delivery can cause serious injuries to both mother and baby. Examples include:

Cerebral palsy
Shoulder dystocia
Erb’s palsy

These injuries often require lifelong care and support, making early legal advice essential.

Failure to Monitor or Act on Deterioration

Healthcare professionals have a duty to monitor patients and respond to changes in their condition. When warning signs are missed or ignored, patients may suffer avoidable harm.

For example, failing to act on abnormal observations or test results can lead to serious complications.

Hospital-Acquired Infections

Patients may develop infections while receiving treatment due to poor hygiene or inadequate infection control measures. In some cases, these infections can be life-threatening, particularly for vulnerable patients.

Psychiatric Negligence

Psychiatric negligence involves substandard care within mental health services. This may include misdiagnosis, inappropriate treatment, or failure to properly assess risk, resulting in harm to the patient.

Nursing Home Negligence

Residents in care homes are entitled to safe and dignified care. However, negligence can occur when residents experience:

Poor nutrition or hydration
Inadequate supervision
Pressure sores or untreated injuries

Such failures can lead to serious deterioration in health and wellbeing.

Radiology and Imaging Errors

Errors in interpreting X-rays, MRIs, CT scans, or other imaging can lead to incorrect or delayed diagnoses. As a result, treatment may be postponed or entirely inappropriate.

Failure to Refer to a Specialist

In some cases, a patient’s condition requires specialist input. When a healthcare provider fails to make a timely referral, diagnosis and treatment may be delayed, causing avoidable harm.

What Should You Do If You Suspect Medical Negligence?

If you believe that you or a loved one has been affected by medical negligence, it is important to seek advice from a solicitor experienced in clinical negligence claims.

A specialist solicitor can:

Assess whether negligence occurre
Gather medical evidenc
Advise on your eligibility for compensation
Guide you through the legal process

Understanding the different types of medical negligence is often the first step toward protecting your rights and holding healthcare providers accountable.

How NJS Law Can Help

Our Medical Negligence Specialists at NJS Law are sympathetic, understanding, and highly experienced in handling a wide range of clinical negligence claims.

We offer a free, no-obligation consultation and will provide clear, practical advice tailored to your circumstances.

CONTACT US

Get in touch using the form below or via the following methods:

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For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags clinical negligence, Medical Negligence

Preventable Suicide

Private Mental Health Provider Fined Over Inpatient’s Tragic Death

Post author By mcpicadofelipe
Post date 29 September 2023

mcpicadofelipe

September 29, 2023

A private mental health provider, Cygnet Health Care, has been fined £1.53 million after failing to protect the safety of an inpatient at its Ealing hospital in London. The fine follows a guilty plea to charges brought by the Care Quality Commission (CQC) and relates to the tragic death of a young woman who took her own life in July 2019.

This case represents a landmark moment in mental health regulation. Notably, it is the largest fine ever imposed on a mental health provider as a result of CQC legal action.

Why Was Cygnet Health Care Prosecuted?

The CQC brought the case after identifying serious and repeated failings at Cygnet Hospital Ealing. In particular, the provider failed to ensure a safe ward environment and did not adequately protect the patient from known risks.

Cygnet Health Care admitted that it:

Failed to minimise ligature risks within the ward
Did not monitor patients in line with its own policies
Neglected to provide adequate staff training in emergency resuscitation procedures

Crucially, the hospital knew the patient had previously attempted suicide in a similar manner. Despite this, staff did not take sufficient steps to address the environmental risks she faced.

A Record-Breaking Fine by the CQC

This £1.53 million penalty marks the largest fine issued by the CQC against a mental health service. It follows a £1.5 million fine imposed in 2021 on Essex Partnership University NHS Foundation Trust, where failures in care contributed to 11 deaths.

Cygnet Health Care is owned by the US-based Universal Health Services. The case has renewed scrutiny of private mental health providers, particularly given that the NHS spends around £2 billion each year on private mental health services.

Wider Concerns About Private Mental Health Care

In 2022, an investigation by The Guardian revealed serious shortcomings in the care of at least 11 inpatients across Cygnet facilities since 2012. Similar issues were also identified at other private mental health hospitals, raising ongoing concerns about patient safety and accountability.

Following its investigation, the CQC stated that had Cygnet Health Care complied with its statutory duties, the patient would not have been exposed to such a high level of risk.

CQC Response to the Case

Jane Ray, Deputy Director of Operations for the CQC in London, described the case as deeply disappointing. She stressed that people receiving mental health care, especially during vulnerable periods, should expect safe, compassionate, and competent treatment.

While she welcomed Cygnet Health Care’s guilty plea, she also criticised the provider for failing to learn from previous incidents that could have prevented this tragic death.

During sentencing, the judge clarified that the case was not about profit being placed over safety, but rather about serious and systemic failures in patient care.

Can You Claim for Mental Health Negligence?

If you have lost a loved one due to inadequate mental health care, you may be entitled to pursue a medical negligence claim. In addition, you may need legal support during the inquest process to understand what went wrong and why.

Our experienced medical negligence solicitors can:

Investigate the circumstances surrounding your loved one’s death
Identify failures in care or safety procedures
Support you through the inquest and legal process
Help you seek accountability and appropriate compensation

We understand how devastating these situations are. Therefore, we approach every case with sensitivity, care, and determination to secure answers and justice for families.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags clinical negligence, Medical Negligence, preventable suicide claim

Medical Negligence

Delayed Diagnosis of Sepsis and Medical Negligence Claims

Post author By mcpicadofelipe
Post date 28 September 2023

mcpicadofelipe

September 28, 2023

Sepsis is a silent killer that many people have never heard of. However, it causes more deaths globally each year than bowel, breast, and pancreatic cancer combined. Alarmingly, research suggests that almost 25% of sepsis-related deaths are preventable.

Even more concerning, recent research from Germany indicates that the four screening tools* currently used worldwide to identify life-threatening sepsis may be flawed. As a result, opportunities for early diagnosis and treatment can be missed.

Although sepsis can often be treated successfully with antibiotics when caught early, delays in diagnosis remain common. Unfortunately, these delays can lead to post-sepsis syndrome, long-term physical injury, psychological harm, or even death. Where this occurs, a medical negligence claim for delayed diagnosis of sepsis may be possible.

What Is Sepsis?

Sepsis, sometimes referred to as blood poisoning, is a potentially life-threatening condition. It occurs when the body’s response to infection becomes uncontrolled, causing widespread inflammation and organ dysfunction.

Sepsis can develop from a wide range of infections, including bacterial, viral, fungal, or parasitic infections.

How Sepsis Develops

Sepsis usually progresses through several stages:

Infection

Sepsis often begins with an infection in the lungs (such as pneumonia), urinary tract, abdomen (for example, a ruptured appendix), or through an open wound.

Immune response

In response, the immune system releases chemicals into the bloodstream to fight the infection. However, in sepsis, this response becomes excessive.

Systemic inflammation

The uncontrolled immune response triggers widespread inflammation. This can cause fever, rapid heart rate, fast breathing, low blood pressure, and confusion.

Organ dysfunction

In severe cases, inflammation disrupts vital organs such as the heart, lungs, kidneys, or liver. Without urgent treatment, this can be fatal.

Severe Sepsis and Septic Shock

As sepsis worsens, it may progress to severe sepsis or septic shock.

Severe sepsis occurs when one or more organs begin to fail and requires immediate medical attention. Septic shock is the most critical stage and is characterised by dangerously low blood pressure and a high risk of multiple organ failure.

Prompt treatment is essential. Typically, this includes antibiotics, intravenous fluids, and supportive therapies such as vasopressors or mechanical ventilation in more serious cases.

Why Is Sepsis Sometimes Diagnosed Late?

A delayed diagnosis of sepsis can have devastating consequences. Unfortunately, several factors contribute to delays, including:

Non-specific early symptoms
Early signs of sepsis often resemble less serious illnesses, such as flu or viral infections. Symptoms may include fever, rapid breathing, confusion, and weakness.
Complex clinical presentation
Because sepsis can affect multiple organs, its symptoms often overlap with other conditions, making diagnosis more difficult.
Lack of awareness or training
Not all healthcare professionals are fully up to date with the latest sepsis guidelines or diagnostic criteria.
Underestimating severity
In some cases, clinicians may initially underestimate how unwell a patient is, particularly if vital signs appear stable.
Communication failures
Shift changes, agency staffing, and cross-department care can result in missed or delayed escalation of concerns.
Hidden infections
Sepsis can be harder to detect if the source of infection is deep within the body or if the patient has multiple underlying health conditions.
Higher-risk groups
Sepsis may present differently in children and older adults, increasing the risk of missed diagnosis.
System pressures
Staff shortages and limited resources can contribute to delayed recognition of complex conditions such as sepsis.

Martha’s Rule and Patient Safety

The issue of delayed diagnosis is so serious that the Government has supported the introduction of Martha’s Rule in England. This rule allows patients and their families to request an urgent second medical opinion if they believe their concerns are not being taken seriously.

This change follows the tragic death of Martha Mills in 2021. Martha developed sepsis after a cycling accident caused a pancreatic injury. A Coroner later ruled that she would likely have survived if doctors had recognised the warning signs earlier and transferred her to intensive care.

Can I Make a Medical Negligence Claim for Delayed Sepsis Diagnosis?

If healthcare professionals delayed diagnosing your sepsis and this resulted in avoidable physical or psychological harm, you may be entitled to compensation.

At NJS Law, our experienced medical negligence team can assess your case and guide you through the claims process.

Under the Limitation Act 1980, you generally have three years to bring a medical negligence claim. For this reason, it is vital to seek legal advice as soon as possible.

How NJS Law Can Help

We have a highly skilled and compassionate medical negligence team with extensive experience in delayed diagnosis claims, including sepsis cases.

Our solicitors will:

Listen carefully to your experience
Obtain and analyse your medical records
Instruct independent medical experts
Fight tenaciously to secure rehabilitation, support, and compensation

Throughout your claim, we will support you with care, professionalism, and determination.

* NEWS2 (National Early Warning Score), qSOFA (quick Sequential Organ Failure Assessment), MEWS (Modified Early Warning Score), and SIRS (Systemic Inflammatory Response Syndrome)

CONTACT US

Get in touch using the form below or via the following methods:

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For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags clinical negligence, Medical Negligence

Preventable Suicide

Coroner Warns of Rising Preventable Child Suicides Without Increased Mental Health Funding

Post author By mcpicadofelipe
Post date 27 September 2023

mcpicadofelipe

September 27, 2023

An east London coroner has issued a stark warning to the Health Secretary, stating that preventable child suicides are likely to increase unless the government provides urgent and sustained funding for mental health services.

Nadia Persaud, the coroner who led the inquest into the death of 12-year-old Allison Aules, wrote to Health Secretary Steve Barclay following the conclusion of the inquest in July 2022. In her report, she stressed that similar tragedies could occur “unless action is taken.”

Findings From Allison Aules’ Inquest

At the conclusion of the inquest, Coroner Persaud identified a series of serious failures by North East London NHS Foundation Trust (NELFT) that contributed to Allison’s death.

In her formal verdict, she stated:

Allison didn’t receive the mental health care which she should have received, and I find that the absence of care contributed to her death.

Nadia Persaud

As a result, the inquest raised serious concerns about the standard of mental health care available to children and young people.

Under-Resourcing of CAMHS Highlighted

In a strongly worded Prevention of Future Deaths report, Coroner Persaud identified the under-resourcing of Child and Adolescent Mental Health Services (CAMHS) as a significant contributing factor.

The report, addressed to the Health Secretary, NHS England, and two Royal Colleges, highlighted:

Severe delays in mental health assessments
Insufficient staffing levels within CAMHS
Ongoing difficulties recruiting consultant psychiatrists
A lack of clinical leadership within mental health teams

Importantly, Persaud made clear that these issues were not isolated to one trust. Instead, she described under-resourcing in CAMHS as a national concern affecting services across England.

Delays in Care and Missed Opportunities

The inquest revealed that Allison’s mental health deteriorated significantly during the Covid-19 lockdown. Her school referred her to NELFT in May 2021 due to concerns including:

Self-harm
Anxiety
Low mood
Bed-wetting

However, despite the seriousness of these concerns, Allison waited nine months for an assessment. Tragically, she never received any face-to-face mental health treatment.

Coroner Persaud noted that such delays were common within CAMHS, particularly during and after the pandemic.

Inappropriate Discharge Before Death

The inquest also found that Allison was inappropriately discharged from services just weeks before her death. This decision involved a management-led initiative aimed at reducing a large backlog of cases created during the pandemic.

Persaud strongly criticised this approach, especially given the scale of demand. At the time, the region was receiving around 140 CAMHS referrals per week, compared with just 10–12 referrals per week in the 2010s.

Risk of Further Preventable Deaths

Coroner Persaud warned that unless CAMHS services receive proper funding and staffing, future child deaths are likely to occur. She emphasised that rising demand combined with ongoing under-resourcing creates an unsafe system for vulnerable children.

Government Response Required

Under the Coroners and Justice Act 2009, the Health Secretary and NHS England have been given until 25 October to respond. They must explain:

What actions have already been taken
What further steps are planned
When those measures will be implemented

If no action is proposed, they must provide clear reasons why.

Department of Health Statement

The Department for Health and Social Care expressed its condolences to Allison’s family. It also confirmed a commitment to invest an additional £2.3 billion per year into mental health services by 2024.

According to the government, this funding aims to enable an extra 345,000 children and young people to access NHS-funded mental health support. The department stated that it is carefully considering the coroner’s recommendations and will respond within the required timeframe.

Legal Support After a Mental Health Death

If you have lost a loved one due to inadequate mental health care, you may be entitled to pursue a medical negligence claim. You may also need support during the inquest process to understand what went wrong.

Our experienced medical negligence solicitors can:

Investigate failures in mental health care
Support you throughout the inquest process
Help you seek accountability and answers
Pursue compensation for financial losses and suffering

We approach every case with compassion, professionalism, and determination.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags clinical negligence, Medical Negligence, preventable suicide claim

Birth Injury

How Do I Claim Compensation For A Birth Injury?

Post author By mcpicadofelipe
Post date 25 September 2023

mcpicadofelipe

September 25, 2023

Most women giving birth today expect to leave hospital safe and sound with a healthy baby. Modern medicine has led us into a false sense of security when it comes to childbirth. We all know that pregnancy and labour were highly dangerous in the past, but surely nothing catastrophic happens nowadays? If only this were true.

Unfortunately, scores of women and infants suffer birth injuries every year. Midwives and obstetricians usually provide exemplary care; however, due to NHS staff shortages, underfunding, and human error, mistakes happen and the consequences can be devastating.

If you or your baby have suffered a birth injury due to medical negligence, you may be able to claim compensation.

What is a birth injury?

Birth injuries are injuries caused to a mother and/or infant before, during, or soon after labour. Examples of injuries that can affect the mother include:

Perineal trauma
Haemorrhage
Infection
Ruptured uterus
Prolapsed uterus
Broken pelvis
Pre-eclampsia

Babies can also suffer a range of birth injuries, including:

Cerebral palsy
Oxygen starvation (Anoxia or Hypoxia)
Brain injury
Broken bones
Infection
Erbs palsy, also known as shoulder dystocia
Stillbirth

Some are minor and leave no lasting ill-effects. Others are lifechanging for mother and/or child, resulting in the need for a lifetime of care and medical treatments. In between are the moderate injuries that affect the patient’s quality of life and cause pain and suffering for a period of time. In the latter two scenarios, making a claim for birth injury compensation provides not only a way to access money and rehabilitation, but also the ability to get an explanation for what went wrong.

How do I prove that negligence caused a birth injury?

If you believe you may have suffered negligent care or treatment during pregnancy and/or labour, or shortly after your baby was born, you will need to prove, on the balance of probabilities, that:

You were owed you a duty of care by the healthcare professional (the NHS Trust is normally the Defendant in such cases),
The duty owed to you was breached, and
The breach resulted in you and/or your baby’s personal injury.

Your Birth Injury Solicitor will examine you and/or your child’s medical records, talk to witnesses, and, most importantly, listen to your story in order to establish whether a birth injury claim exists.

If your Solicitor agrees that your care/treatment fell below the standard normally expected of a competent healthcare professional operating in similar circumstances, they will often instruct an expert in midwifery and/or obstetrics to write a detailed report to present to the Court on the likely cause of your injuries and your prognosis. The latter is particularly important when it comes to calculating the amount of damages to award should you win your case.

How long do birth injury claims take?

Claims involving moderate birth injuries can take anything from 12-24 months to conclude. Catastrophic birth injury claims, such as severe cerebral palsy, can take 36 months or more. This is because award settlements in such cases can run to millions of pounds and the evidence can be extremely complex.

Because these types of cases can take a long time, it is crucial that you choose a Birth Injuries Solicitor who you feel comfortable with. You need to feel confident that you can speak openly about your worries and frustrations and that they are by your side, fighting for a positive result. It is important to note that results do not mean only the final settlement. If you or your baby require urgent medical care and rehabilitation, your Solicitor will initially focus on getting a care plan in place and interim payments to fund the treatment required to increase the chances of recovery.

How do I pay for a Solicitor in a birth injury claim?

If you or your baby have suffered a birth injury, money is likely to be a key concern for you and your family, especially if you have had to take extended time off work and/or pay for medical treatment. If, having had an initial discussion, your Birth Injury Solicitor believes your claim has a good chance of success, they are likely to take your case on a No Win, No Fee basis. This means that if you lose your case, you will not be charged legal fees, although you may have to pay for any disbursements (expenses relating to your case).

Wrapping up

Over the past decade the sometimes shocking state of neo-natal and maternity care in England and Wales has been laid bare. One newspaper recently provided a concise summary of the situation to date:

“When it comes to neo-natal and maternity care, in the past decade alone the Ockenden review of the Shropshire maternity scandal (March 2022) revealed a “them and us” culture at the Shrewsbury and Telford Hospital NHS Trust between midwives and other staff, to the detriment of mothers and babies. A review by Dr Bill Kirkup (October 2022) of serious failings in maternity care at East Kent Hospitals University NHS Foundation Trust found women in labour were treated with “callousness” and “cruelty”, while trust chiefs appeared to play down problems. The Morecambe Bay report (March 2015) exposed a “lethal mix” of failings at almost every level in the maternity unit at Furness General Hospital in Cumbria. And an independent review of failings in maternity services at Nottingham University Hospitals, commissioned this year, is expected to uncover the biggest maternity scandal in NHS history.”

The above statement confirms that if you or your baby have suffered a birth injury through negligent care, you are far from alone. What matters now is you get the support you need to make a compensation claim so you can fund the rehabilitation and care you and/or your child needs. In addition, bringing a compensation claim can get you answers as to what caused you or your baby’s injuries, and/or an apology from the NHS Trust concerned.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 01 625 667166 today to discuss your claim.