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Women’s Health Negligence

Endometriosis: Latest Study Shows On Average A Nine-Year Weight For A Diagnosis

Endometriosis latest study shows on average a nine-year weight for a diagnosis

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A recent study by Endometriosis UK found that women wait an average of almost nine years for an endometriosis diagnosis. Since the pandemic, this delay has worsened. According to the research, 47% of women visited their GP ten or more times before receiving a diagnosis, while 70% attended at least five appointments. As a result, many women live with unmanaged pain for years before receiving appropriate care.

These delays highlight a serious and ongoing failure within women’s healthcare. Consequently, women often experience avoidable physical harm, emotional distress, and fertility complications.

Real Experiences of Delayed Endometriosis Diagnosis

BBC News has reported several cases that demonstrate the real impact of diagnostic delay.

Michelle Bates described repeated dismissal by medical professionals over many years. Reflecting on her experience, she said:

At one point, the pain became so severe that she collapsed at work. Following further investigation, an ultrasound, originally performed for suspected appendicitis, revealed three large cysts. One cyst measured 12cm and was attached to her ovary. Shortly after getting married, a surgeon told her she had the worst case of endometriosis they had ever seen.

Lowri Shepstone from Powys faced a similar struggle. In her case, diagnosis took 17 years. During her teenage years, her GP dismissed her symptoms as normal and recommended pain relief and the contraceptive pill. Eventually, when she received a diagnosis, she described feeling overwhelmed with emotion.

In addition, Ms Shepstone highlighted the impact of “endo belly.” This condition-related bloating can make women appear heavily pregnant. As a result, many women experience reduced confidence and social isolation.

What Is Endometriosis?

Endometriosis is a chronic condition in which hormone-responsive tissue similar to the lining of the womb grows outside the uterus. Although the exact cause remains unknown, the condition can worsen over time.

In the UK:

  • Approximately 10.5 million women are aged between 15 and 45
  • Around 3% of women have endometriosis
  • Between 5% and 30% develop severe disease

Importantly, severe endometriosis can cause long-term pain, organ damage, and fertility problems.

Common Symptoms of Endometriosis

Symptoms vary between individuals. However, many women experience similar issues, including:

  • Chronic pelvic pain
  • Severe period pain that limits daily activities
  • Pain during urination or bowel movements
  • Nausea
  • Constipation or diarrhoea

Because these symptoms overlap with other conditions, healthcare professionals may misdiagnose or dismiss them. Consequently, diagnosis is often delayed.

Why Early Diagnosis of Endometriosis Matters

Endometriosis UK stresses the importance of early diagnosis. Without timely treatment, the condition may progress and cause more serious harm.

Moreover, delayed diagnosis can:

  • Increase pain severity
  • Cause damage to pelvic organs
  • Limit fertility options
  • Affect mental health and wellbeing

For these reasons, the charity describes current diagnostic delays as unacceptable.

Treatment Options for Moderate and Severe Endometriosis

reatment for severe endometriosis forms part of the Government’s Women’s Health Strategy, introduced in 2022. Under this strategy, eligible patients should receive access to specialist care.

Available treatment options include:

  • Laparoscopy (keyhole surgery) to remove or destroy endometriosis tissue
  • Hormonal treatments to manage symptoms
  • Hysterectomy, sometimes including removal of the ovaries, in severe cases

Crucially, earlier diagnosis may reduce the need for invasive surgery or delay its necessity.

When Delayed Diagnosis May Amount to Medical Negligence

In some cases, delayed diagnosis may amount to medical negligence. This may occur where healthcare professionals fail to investigate symptoms, dismiss pain, or delay referral to specialists.

Therefore, seeking early legal advice is important. A specialist medical negligence solicitor can:

  • Review your medical care
  • Obtain expert evidence
  • Advise whether negligence occurred
  • Guide you through the claims process

Taking prompt action can protect your legal rights and improve the chances of a successful claim.

Speak to a Women’s Health Negligence Specialist

Our team has decades of combined experience representing clients in women’s health and endometriosis negligence claims. Above all, we understand the physical, emotional, and financial impact delayed diagnosis can cause.

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 help.

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Birth Injury

What Are The Reasons To Hire a Birth Injury Solicitor

What are the reasons to hire a birth injury solicitor

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Welcoming a new baby into the world should be a joyful experience. Unfortunately, when medical negligence during childbirth leads to a birth injury, the emotional, physical, and financial impact on families can be devastating. In these circumstances, instructing an experienced birth injury solicitor can be vital to securing justice and long-term financial support for your child.

This guide explains why working with a specialist birth injury solicitor is so important.

Specialised Knowledge of Birth Injury Claims

Birth injury solicitors specialise in medical negligence claims arising from pregnancylabourand delivery. Their in-depth knowledge of both medical and legal issues allows them to identify negligence that may not be obvious to non-specialists, ensuring your case is handled with the expertise it requires.

Thorough Review of Medical Records

Birth injury cases rely heavily on detailed medical evidence. A birth injury solicitor will carefully review maternity, labour, and neonatal medical records to identify errors such as delayed intervention, misinterpretation of monitoring, or improper delivery techniques. They work alongside independent medical experts to determine whether the standard of care fell below acceptable levels.

Access to Independant Medical Experts

Experienced birth injury solicitors have access to a network of independent medical experts, including obstetricians, midwives, neonatologists, and paediatric neurologists. These experts provide crucial reports linking medical negligence to the birth injury, strengthening the claim and supporting a successful outcome,

Expert Guidance Through the Legal Process

The legal process can be complex and emotionally draining, particularly for families already coping with the impact of a birth injury. A birth injury solicitor manages the entire process on your behalf – handling correspondence, evidence, deadlines, and negotiations – so you can focus on your child’s care.

Maximising Birth Injury Compensation

A specialist birth injury solicitor works to ensure maximum compensation to support your child’s long-term needs. Compensation may include:

  • Ongoing medical treatment and therapy
  • Specialist equipment and mobility aids
  • Home adaptations and care costs
  • Education and future financial support

The compensation is essential to provide long-term security and quality of life.

Meeting Legal Time Limits for Claims

Birth injury claims are subject to strict statutory time limits. Failing to act within these deadlines can prevent a claim entirely. A birth injury solicitor understands these limitations and ensures your claim is started promptly and correctly.

Experienced Birth Injury Solicitors You Can Trust

Our team has decades of combined experience successfully advising and representing families in birth injury claims. We provide clear, compassionate legal advice and are committed to achieving the best possible outcome for you and your child.

Free No-Obligation Consultation

If you believe your child’s birth injury may have been caused by medical negligence, we’re here to help. Contact us today to arrange a freeno-obligation consultation. We’re available by phone or email and happy to discuss your situation in confidence.

Frequently Asked Questions About Birth Injury Claims

What is a birth injury claim?

A birth injury claim is a type of medical negligence claim brought when a baby is injured before, during, or shortly after birth due to substandard medical care.

How do I know if medical negligence caused a birth injury?

A birth injury solicitor will review medical records and obtain expert medical opinions to determine whether the care provided fell below acceptable standards and caused the injury.

How long do I have to make a birth injury claim?

Time limits vary depending on the circumstances, but they are strict. Speaking to a birth injury solicitor as early as possible ensures you do not miss important deadlines.

What compensation can I claim for a birth injury?

Compensation may cover medical treatment, therapy, specialist equipment, care costs, home adaptations, loss of earnings, and long-term financial support.

How much does it cost to speak to a birth injury solicitor?

Most birth injury solicitors offer a free initial consultation, allowing you to discuss your case with no obligation or upfront cost.

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Birth Injury

C-Section Injuries to Children and Mothers – How to Claim

C-Section Injuries to Children and Mothers – How to Claim

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Caesarian sections (C-sections) are commonly performed and can be life-saving during childbirth. However, when mistakes occur, both mothers and babies may suffer c-section injuries. In some case, these injuries are caused by medical negligence, entitling families to pursue a compensation claim.

Common C-Section Injuries

Although considered routine, C-sections carry risk. Injuries may affect both the mother and the baby and can sometimes result in long-term complications.

Injuries to Mothers During a C-Section

Mothers may experience a range of injuries following a negligent C-section, including:

  • Post-operative or surgical site infections
  • Excessive bleeding or hemorrhage
  • Damage to surrounding organs such as the bladder or bowel
  • Complications caused by delayed or inadequate aftercare

Injuries to babies During a C-Section

Babes can also suffer injuries during a C-section, such as:

  • Lacerations or surgical cuts
  • Breathing difficulties and respiratory distress
  • Delayed delivery leading to oxygen deprivation
  • Injuries with long-term developmental consequences

When Can You Make a C-Section Injury Claim?

You may be able to make a C-section injury compensation claim if the injury occurred as a result of substandard medical care. This could include delayed decision making, surgical errors, or failure to properly monitor or respond to complications during labour or delivery.

Evidence Needed to Support a Claim

To establish medical negligence, evidence may include:

  • Maternity, labour, and surgical medical records
  • Independent medical expert reports
  • Documentation of injuries, treatment, and ongoing care needs

A specialist solicitor can assess this evidence to determine whether the standard of care fell below acceptable levels.

What Compensation Can a C-Section Injury Claim Cover?

Compensation awarded in successful C-section negligence claims may help cover:

  • Medical treatment and rehabilitation costs
  • Pain, suffering, and emotional distress
  • Ongoing care and support requirements
  • Financial losses, including future care costs

The aim of compensation is to support recovery and provide long-term financial security for both mother and child

Time Limits for C-Section Injury Claims

Medical negligence claims are subject to struct legal time limits, known as statutes of limitations. Missing these deadlines can prevent a claim from proceeding, making early legal advice essential.

Specialist Birth Injury Solicitors You Can Trust

Our team has decades of experience successfully advising and representing families in birth injury and C-section negligence claims. We offer expert, compassionate guidance throughout the claims process.

Free No-Obligation Consultation

If you believe you or your child has suffered an injury during a C-section, contact us today to arrange a freeno-obligation consultation. We’re available by phone or email and happy to discuss your situation in confidence.

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Birth Injury

Cerebral Palsy Injury Claim

Cerebral Palsy Injury Claim

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Cerebral Palsy is a group of neurological conditions that affect movement, muscle control, and coordination. For many families, a Cerebral Palsy diagnosis brings significant emotional, physical, and financial challenges. In some cases, Cerebral Palsy is caused by birth injuries or medical negligence, and families may be entitled to pursue a Cerebral Palsy injury claim.

This guide explains how Cerebral Palsy claims work and how legal action can help secure your child’s future.

Understanding Cerebral Palsy and Its Causes

Cerebral Palsy is caused by damage to the developing brain, which may occur during pregnancy, childbirth, or shortly after birth. The condition can vary in severity and often requires lifelong care and support.

Medical Negligence and Birth Injuries

In some cases, Cerebral Palsy may be caused by medical negligence during labour or delivery, including:

  • Oxygen deprivation (hypoxia or asphyxia)
  • Delayed delivery or failure to act on fetal distress
  • Traumatic birth injuries
  • Inadequate monitoring during labour

When proper medical care could have prevented the injury, a Cerebral Palsy negligence claim may be possible.

Initiating a Cerebral Palsy Injury Claim

Families may consider making a Cerebral Palsy compensation claim if they believe medical negligence caused or contributed to their child’s condition. The claims process involves establishing a clear link between substandard medical care and the resulting brain injury.

Evidence Required for a Claim

Evidence may include:

  • Pregnancy, labour, and neonatal medical records
  • Independent medical expert reports
  • Documentation outlining the child’s diagnosis, care needs, and prognosis

A specialist solicitor can assess this evidence to determine whether the claim has reasonable prospects of success.

The Role of Medical Experts in Cerebral Palsy Claims

Medical experts play a crucial role in Cerebral Palsy injury claims. Independent specialists review the circumstances of the birth and provide opinions on whether the injury could have been avoided with appropriate care. Their evidence is essential in proving medical negligence and supporting the value of the claim.

Compensation Available for Cerebral Palsy Claims

Successful Cerebral Palsy claims can result in substantial compensation to support the child’s lifelong needs. Compensation may cover:

  • Medical treatment and therapy
  • Rehabilitation and specialist care
  • Mobility aids and adaptive equipment
  • Home modifications and accessibility adaptations
  • Educational support and future care costs
  • Pain, suffering, and loss of quality of life

The goal of compensation is to provide long term financial security and ensure the best possible care for your child.

Legal Support for Cerebral Palsy Injury Claims

Cerebral Palsy claims are complex and require the expertise of solicitors experienced in medical negligence and birth injury cases. A specialist solicitor will manage the legal process, gather expert evidence, and protect your family’s rights throughout the claim.

Experienced Birth Injury Solicitors

Our team has decades of combined experience successfully advising and representing families in Cerebral Palsy and birth injury claims. We are committed to providing clear, compassionate legal guidance and achieving the best possible outcome for our clients.

Free No-Obligation Consultation

If you believe your child’s Cerebral Palsy was caused by medical negligence, seeking legal advice as early as possible is essential.

Contact us today to arrange a freeno-obligation consultation. We’re available by phone or email and happy to discuss your situation in confidence.

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Birth Injury

Retained Placenta Negligence Claims

Retained Placenta Negligence Claims

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Retained placenta occurs when the placenta is not delivered within a certain timeframe after the birth of the baby. This can happen for various reasons, including inadequate contractions of the uterus, incomplete separation of the placenta from the uterine wall, or other medical complications. Failure to promptly address a retained placenta can result in severe bleeding, infection, and other complications for the mother.

Negligence claims related to retained placenta typically revolve around the standard of care provided by healthcare professionals during childbirth. If medical practitioners fail to identify and manage a retained placenta in a timely and appropriate manner, it may constitute negligence. Claimants may argue that the healthcare provider breached their duty of care, leading to unnecessary harm and suffering.

To build a successful negligence claim, claimants must provide evidence demonstrating that the healthcare provider’s actions fell below the standard of care expected in similar circumstances. This may involve medical records, expert testimonies, and other relevant documentation that illustrates the deviation from accepted medical practices.

In successful negligence claims, compensation may be awarded to cover the physical, emotional, and financial impact of the retained placenta negligence. Damages can include medical expenses, loss of earnings, rehabilitation costs, and compensation for pain and suffering.

If you believe you have experienced negligence related to a retained placenta during childbirth, it is crucial to seek legal advice promptly. Consulting with a solicitor who specialises in medical negligence cases can help assess the merits of your claim and guide you through the legal process.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims.

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.

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Women’s Health Negligence

Vaginal Mesh Claims – Women’s Health Negligence

Vaginal Mesh Claims – Women’s Health Negligence

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In recent years, the use of vaginal mesh implants to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) has come under intense scrutiny in the UK. Thousands of women who underwent these procedures have reported serious and life-changing complications, leading to a significant rise in vaginal mesh negligence claims.

This article explains the controversy surrounding vaginal mesh implants, the injuries reported by patients, and how affected women can seek justice and compensation.

What Is Vaginal Mesh (TVT Mesh)?

Vaginal mesh, also known as transvaginal tape (TVT) mesh, is a medical device designed to support weakened pelvic tissues. Surgeons widely adopted it as a minimally invasive treatment for:

  • Pelvic organ prolapse (POP)
  • Stress urinary incontinence (SUI)

Initially, medical professionals promoted vaginal mesh as a quicker alternative to traditional surgery. However, over time, patients began reporting severe complications that were not adequately disclosed prior to surgery.

Complications Linked to Vaginal Mesh Implants

Many women have suffered devastating outcomes following vaginal mesh surgery, including:

  • Chronic pelvic and nerve pain
  • Mesh erosion through the vaginal wallInfection and inflammation
  • Pain during intercourse
  • Urinary and bowel dysfunction
  • Reduced mobility and quality of life

In some cases, surgeons have struggled to remove the mesh, leaving women with permanent injuries.

Why Have Vaginal Mesh Claims Increased?

The sharp rise in vaginal mesh claims in the UK stems from concerns that healthcare providers:

  • Failed to properly warn patients about known risks
  • Did not obtain fully informed consent
  • Used mesh when safer alternatives were available
  • Implanted the mesh incorrectly

As a result, many women allege clinical negligence and pursue legal action against NHS trusts or private healthcare providers.

Proving Negligence in a Vaginal Mesh Claim

To succeed in a vaginal mesh negligence claim, the claimant must prove that the healthcare provider breached their duty of care and caused foreseeable harm.

Key Elements of a Vaginal Mesh Negligence Claim

A solicitor will assess whether:

  1. A duty of care existed
  2. The duty was breached, for example by:
    • Inadequate risk warnings
    • Poor surgical technique
    • Failure to consider non-mesh alternatives
  3. The breach directly caused injury or worsening symptoms

Medical expert evidence is often essential to demonstrate that the treatment fell below an acceptable standard.

The Vaginal Mesh Claim Process

If you believe vaginal mesh surgery caused you harm, the following steps are typically involved:

Consult a Specialist Solicitor

Speak with a solicitor experienced in vaginal mesh and gynaecological negligence claims. They can assess whether you have a valid case and explain your options.

Gather Medical Evidence

This includes medical records, operation notes, consent forms, imaging, and correspondence with healthcare providers.

Obtain Expert Medical Opinions

Independent medical experts review the care you received and confirm whether negligence occurred.

Establish Causation

Your legal team must show a clear link between the negligent treatment and your injuries.

Quantify Compensation

Compensation may cover:

  • Pain and suffering
  • Loss of earnings
  • Medical treatment and surgery
  • Psychological injury
  • Ongoing care and support needs

Why Vaginal Mesh Claims Matter

The vaginal mesh scandal highlights the importance of patient safety, informed consent, and accountability within healthcare. Ongoing legal claims continue to drive awareness, improve regulation, and help prevent similar harm in the future.

How NJS Law Can Help

Our medical negligence team has decades of combined experience representing women affected by vaginal mesh complications. We understand the physical, emotional, and psychological impact these injuries can cause.

We provide:

  • Clear, compassionate legal advice
  • Specialist experience in gynaecological negligence
  • No win, no fee representation
  • Dedicated support throughout your claim

Speak to a Vaginal Mesh Claims Solicitor Today

If you have suffered complications following vaginal mesh surgery, you may be entitled to compensation. Early legal advice can protect your rights and help secure the support you need.

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

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Housing Disrepair

Repair Breach Claims: What Tenants Need to Know

Has your landlord failed to complete the repairs agreed

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As a tenant, you have a legal right to live in a property that is safe, suitable, and free from housing disrepair. Your Council or Housing Association must repair and maintain your home to a reasonable standard.

However, problems often arise when a landlord agrees to carry out repairs, or is ordered to do so, but then fails to complete the work. In these situations, you may be able to bring a repair breach claim.

When Can You Make a Repair Breach Claim?

You can pursue a repair breach claim once the deadline for completing repairs has passed. This deadline may arise from:

  • A settlement agreement reached with your landlord
  • A court order requiring repairs to be completed

If the landlord does not complete the repairs by the agreed date, or completes them to an unacceptable standard, they may be in breach of contract.

At this stage, legal action may be appropriate.

What Is a Repair Breach Claim?

Although it may appear similar to a housing disrepair claim, a repair breach claim is legally distinct. Specifically, it is a breach of contract claim.

A repair breach claim arises when a landlord has already committed, either voluntarily or by court order, to carry out repairs but then fails to honour that commitment. The breach occurs because the landlord has not met the agreed timeframe or standard of work.

Repair Breach Claims vs Housing Disrepair Claims

While both types of claims aim to ensure that essential repairs are completed, they operate differently.

Housing Disrepair Claims

A housing disrepair claim is brought when a landlord fails to carry out repairs after being notified by the tenant. The objective is to compel the landlord to meet their legal repair obligations and provide safe, habitable accommodation.

Repair Breach Claims

By contrast, a repair breach claim can only be made after the landlord has already agreed, or has been ordered, to carry out repairs. If the landlord then fails to comply with that agreement or order, the tenant may pursue a breach of contract claim.

As a result, repair breach claims often follow on from an earlier housing disrepair claim.

How We Can Help

If your landlord has failed to complete agreed or court-ordered repairs, you do not have to accept further delays. Legal action can help enforce compliance and hold the landlord accountable.

Our specialist housing solicitors can advise you on whether a repair breach claim is appropriate and guide you through the process to achieve a resolution.

If you are still living with unresolved disrepair despite prior legal action, seeking advice promptly may be crucial.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

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Housing Disrepair

Personal Injuries Caused by Housing Disrepair

Have You Been Injured Due to Living In Disrepair

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Living in a poorly maintained home can create serious challenges. In many cases, housing disrepair does not only affect comfort—it can also lead to personal injury. As awareness of unsafe living conditions grows, the risks faced by tenants in neglected properties are receiving increased attention.

This article explains how housing disrepair can cause personal injuries and outlines the steps tenants can take if they suffer harm as a result.

What Is Housing Disrepair?

Housing disrepair occurs when a council or housing association fails to properly maintain a property. As a result, tenants may experience issues such as:

  • Damp and mould
  • Structural defects
  • Faulty plumbing
  • Unsafe electrical systems

These problems reduce quality of life. More importantly, they can expose residents to significant health and safety risks.

How Housing Disrepair Causes Personal Injuries

Unsafe living conditions can lead directly to personal injury in several ways. For example, damp and mould often worsen respiratory conditions, particularly in children and older people. Meanwhile, broken flooring, loose fixtures, or damaged staircases can cause slips, trips, and falls.

In addition, faulty electrics or plumbing may result in fires, electric shocks, or flooding. Over time, continued exposure to these hazards can cause both physical injury and long-term health complications. Therefore, tenants should take disrepair seriously and act promptly.

Legal Protections for Tenants

Tenants in the UK benefit from strong legal protections. Several laws place clear obligations on landlords to keep properties safe and habitable, including:

  • The Landlord and Tenant Act 1985
  • The Homes (Fitness for Human Habitation) Act 2018
  • The Defective Premises Act 1972

Together, these laws require landlords to maintain their properties and protect tenants from harm. When landlords fail to meet these duties, tenants may have the right to pursue a legal claim for both disrepair and any resulting personal injuries.

Steps to Take if You Have Been Injured

If housing disrepair has caused injury or illness, taking the right steps early can strengthen your position:

1. Document the Disrepair

Keep a clear record of the issues. Take photographs, note dates, and retain copies of any correspondence with your landlord.

2. Seek Medical Attention

If you have suffered an injury or your health has deteriorated, seek treatment from your GP or hospital. Medical records can provide important evidence.

3. Notify Your Landlord

Report the disrepair to your council or housing association in writing. Clearly explain the issues and request prompt repairs.

4. Seek Legal Advice

If the landlord fails to act within a reasonable time, consult a solicitor who specialises in housing disrepair and personal injury claims. A legal professional can assess your case and advise on the best course of action.

Final Thoughts

Housing disrepair should never be ignored. When unsafe conditions cause injury, tenants have the right to seek accountability and compensation. Acting early, gathering evidence, and obtaining specialist legal advice can make a significant difference in protecting your health, safety, and legal rights.

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NHS Negligence

How Do I Prove NHS Negligence?

How Do I Prove NHS Negligence

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While the vast majority of healthcare professionals within the NHS deliver excellent care, instances of negligence can occur. When patients believe they have experienced NHS negligence, the process of proving such claims can be complex. This article aims to shed light on how individuals can navigate the challenges of proving NHS negligence.

Understanding NHS Negligence:

NHS negligence, also known as medical negligence within the healthcare system, occurs when a healthcare professional or institution fails to provide an acceptable standard of care, resulting in harm to the patient. To establish a case of NHS negligence, certain criteria must be met, including demonstrating a breach of duty of care, causation, and the resulting harm.

Common areas of NHS medical negligence:
  • Fails to diagnose your condition, makes a mistake treating you or referring you for the treatment that you need.
  • Surgical errors: negligent mistakes made before, during or after an operation leaving patients with injuries, disabilities, infections or the need for further surgery.
  • Hospital and Nursing Care Negligence: Poor care provided to patients during a hospital inpatient can lead to pressure sores and medication issues as well as delays in diagnosis and falls, all of which can make the condition or problem that you were in hospital for worse rather than better.
  • A&E: Negligent errors made upon presentation to Accident and Emergency. Regardless of how busy medical staff are, a duty of care is owed to each patient. Being too busy or short staffed is no excuse for making negligent errors.
  • Failure in the treatment of an ongoing condition which causes ongoing pain and suffering or even avoidable death.
  • Errors in the administration of medication and making an appropriate timely referral.
  • Misdiagnosis or delay in diagnosis of a medical condition. A failure to diagnose a condition, such as Cancer or Cauda Equina syndrome can have life changing consequences.
  • Nurses & Care workers: Poor care provided to you or your loved ones whilst in a care home or nursing at home or in hospital. Examples of negligent mistakes include: failures to carry out the appropriate assessments relating to the risk of falls, nutritional needs, hydration, infection and sepsis and failures to refer on to specialist clinics when dealing with diabetic foot or eye issues.
Gathering Evidence:

Proving NHS negligence necessitates the collection of comprehensive evidence to support the claim. Key pieces of evidence may include medical records, witness statements, expert opinions, and any relevant documentation related to the treatment received. It is crucial to meticulously document the details surrounding the incident, including dates, times, and the names of healthcare professionals involved.

Establishing a Breach of Duty of Care:

A crucial element in proving NHS negligence is demonstrating that the healthcare professional or institution breached their duty of care. This involves showing that the standard of care provided fell below what is considered reasonable by the standards of the medical profession. Expert opinions from qualified healthcare professionals often play a significant role in assessing whether a breach of duty of care occurred.

Causation:

Proving a direct link between the breach of duty of care and the harm suffered is essential. It must be established that the negligence directly caused the injuries or worsening of a medical condition. This requires a thorough examination of the medical records, expert opinions, and any other relevant evidence connecting the negligence to the harm suffered.

Seeking Legal Advice:

Navigating the complexities of proving NHS negligence often requires legal expertise. Consulting with a solicitor specialising in medical negligence can provide valuable insights into the strength of the case and guide individuals through the legal process. Solicitors can help assess the evidence, obtain expert opinions, and advise on the best course of action.

NHS Complaints Procedure:

Before pursuing legal action, individuals are encouraged to utilise the NHS complaints procedure. Filing a formal complaint triggers an internal investigation, providing an opportunity for the NHS to address the concerns raised. While the complaints procedure does not result in financial compensation, it can lead to an apology, an explanation, or changes in policies to prevent similar incidents in the future.

Time Limitations:

It is crucial to be aware of the time limitations associated with medical negligence claims. A claim must typically be brought within three years of the date of the negligence or the date the individual became aware of the negligence. Exceptions may apply, especially in cases involving minors or individuals lacking mental capacity.

Conclusion:

Proving NHS negligence requires diligence, comprehensive evidence, and legal expertise. Individuals who believe they have experienced substandard care within the NHS should document the details of the incident, gather relevant evidence, and consider seeking legal advice. Understanding the criteria for establishing negligence, utilising the NHS complaints procedure, and adhering to time limitations are crucial steps in pursuing justice and, where applicable, obtaining compensation for harm suffered due to healthcare negligence.

Our team has decades of combined experience in successfully advising and representing clients in Medical Negligence Claims.

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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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