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Birth Injury

Heartbreaking Reality: The Ongoing Crisis of Birth Injuries

Heartbreaking Reality The Ongoing Crisis of Birth Injuries
Heartbreaking Reality The Ongoing Crisis of Birth Injuries

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Stark Statistics

Every day, 13 babies die before, during, or shortly after birth in this country, according to the 2009 “Saving Babies’ Lives” report. This tragic figure has not improved much today, with half of all stillbirths occurring without any apparent reason, often in low-risk pregnancies.

Parents’ Concerns

Many grieving parents believe not enough was done to save their babies’ lives. They often lack confidence in the care received leading up to their child’s death, feeling that opportunities to prevent the tragedy were missed.

Midwife Shortage

A critical shortage of midwives means many women in labour do not get the individualised care they need. This leads to hurried observations and potential misinterpretations, causing failures to notice labour complications requiring urgent delivery and obstetrician intervention.

Delay in Emergency Response

Obstetricians sometimes fail to attend promptly in emergencies, causing delays that can result in severe injuries or even death for both baby and mother. This delay is often a decisive factor in tragic outcomes.

Types of Birth Injuries
  • Cerebral Palsy: Oxygen deprivation during delivery can cause varying degrees of brain damage, leading to lifelong disability and high care costs.
  • Erb’s Palsy: Incorrect delivery techniques can damage the brachial plexus nerves, causing paralysis or weakness in the baby’s arm.
  • Hypoglycaemia: Failure to treat this condition shortly after birth can result in severe cognitive deficits and epilepsy.
Proving Negligence

To succeed in a compensation claim for birth injuries, it must be shown that negligence occurred during or before the birth. This can include delays in delivery, improper use of forceps, failure to monitor foetal distress, and delayed or incorrect responses to complications.

Postnatal Care Failures

Negligence can extend to postnatal care, such as failing to recognise red flag symptoms, improperly suturing perineal tears, or not diagnosing and treating postpartum haemorrhages correctly. Psychological injuries, such as postnatal depression or puerperal psychosis, also require diligent attention and care.

Legal Recourse

If a baby or mother suffers injury or death due to negligence, it’s crucial to act within the legal timeframes to pursue a claim.

For mothers, this is typically within three years from the date of negligence or the date they became aware of it.

For children, the limitation period starts when they reach adulthood unless they lack mental capacity due to severe brain injury.

Get Expert Help

If you or your baby has suffered due to potential negligence during childbirth, contact NJS Law for a free consultation. We are committed to helping you navigate this challenging time and seek the compensation 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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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

01625 667 262
medical@njslaw.co.uk

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Road Traffic Accident

What Evidence Do You Need for a Successful Car Accident Injury Claim?

What evidence is needed for a car accident injury claim
What evidence is needed for a car accident injury claim

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Being involved in a car accident can be a traumatic experience. In many cases, it results in physical injuries, emotional distress, and unexpected financial pressures. In the immediate aftermath, understanding what steps to take, and what evidence to collect, can play a crucial role in the success of a car accident injury claim.

If the accident was caused by someone else’s negligence, you may be entitled to compensation for your injuries and losses. However, building a strong claim requires clear, well-organised evidence that supports your version of events and demonstrates how the accident has affected your life.

In this guide, we explain the key types of evidence required for a successful road traffic accident claim and how each can strengthen your case.

Why Evidence Is Crucial in Car Accident Injury Claims

At the core of every personal injury claim is evidence. Without it, insurers and defendants may dispute liability or attempt to reduce the compensation offered.

Specifically, evidence helps to establish:

  • How the accident occurred
  • Who was responsible
  • The nature and extent of your injuries
  • The financial consequences of the accident

As a result, gathering the right documentation from the outset can significantly improve your chances of a successful outcome.

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Key Types of Evidence for a Car Accident Injury Claim

Documentation of the Accident Scene

Immediately after the accident, and provided you are physically able, it is advisable to gather as much evidence as possible from the scene. For example, this may include:

  • Photographs of all vehicles involved
  • Images showing the extent of the damage
  • Photos of any visible injuries
  • Pictures of road markings, signage, or skid marks

In addition, you should note the date, time, and exact location of the collision, along with any adverse weather conditions or road hazards. Taken together, this information can be critical when establishing liability.

Further guidance is available on our Road Traffic Accident Claims page.

Witness Statements

In many cases, independent witness evidence can significantly strengthen a car accident compensation claim. If anyone witnessed the collision, try to obtain their contact details as soon as possible.

Importantly, witness statements can:

  • Support your account of events
  • Clarify how the accident happened
  • Help demonstrate negligence

At a later stage, your solicitor can arrange for formal statements to be taken where necessary.

Medical Records and Injury Documentation

Equally important, you should seek medical attention promptly following a car accident, even if your injuries initially appear minor. Over time, symptoms can worsen, and early medical records often play a key role in injury claims.

You should retain documentation relating to:

  • GP and hospital appointments
  • Diagnostic tests and scans
  • Prescribed medication
  • Physiotherapy or rehabilitation treatment

Crucially, medical records provide objective evidence linking your injuries directly to the accident.

Further information can be found on our Personal Injury Claims page

Expert Reports and Professional Opinions

In certain circumstances, expert evidence may be required to support your claim. For instance, accident reconstruction experts can explain how the collision occurred, while independent medical experts can assess the severity and long-term impact of your injuries.

Where liability is disputed or injuries are complex, expert reports can be particularly persuasive. Your solicitor will coordinate any necessary expert involvement on your behalf.

Financial Records and Evidence of Losses

Beyond physical injuries, you may also be entitled to claim compensation for financial losses resulting from the accident. To do so, these losses must be clearly evidenced.

You should therefore keep records of:

  • Medical and prescription costs
  • Travel expenses related to treatment
  • Loss of earnings or reduced income
  • Other accident-related expenses

By retaining receipts, invoices, and wage slips, you can demonstrate the true financial impact of the accident.

Correspondence and Communication Records

Throughout the claims process, it is important to maintain a clear record of all communications. Accordingly, you should keep copies of:

  • Emails and letters from insurers
  • Notes of telephone conversations
  • Correspondence with medical providers

Collectively, these records can help demonstrate your efforts to resolve the claim fairly and efficiently.

Police Reports and Accident Reports

Finally, if the police attended the scene, a formal accident report may have been prepared. This document often contains valuable details, such as:

  • Information about the parties involved
  • Witness contact details
  • Observations regarding fault or road conditions
  • Any citations or charges issued

In addition, you should report the accident to your insurer and request a copy of any report they produce.

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Building a Strong Car Accident Compensation Claim

Ultimately, the strength of a car accident injury claim depends on the quality of the evidence gathered. By taking the right steps early, you can significantly improve your prospects of securing fair compensation.

How NJS Law Can Help With Your Car Accident Injury Claim

If you have been injured in a car accident that was not your fault, NJS Law can help you pursue the compensation you deserve.

Not only do we offer the highest levels of client care, but we are also firm and determined when holding negligent parties to account.

Our NJS Law Personal Injury Specialists are experienced, understanding, and committed to achieving the best possible outcome. Moreover, we offer a free, no-obligation consultation to assess your claim.

Contact us today to discuss your car accident injury claim and find out how we can help.

CONTACT US

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Categories
Women’s Health Negligence

Bowel Cancer Misdiagnosis and Delayed Diagnosis in the UK

Misdiagnosis -Bowel Cancer
Misdiagnosis -Bowel Cancer

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Bowel cancer is one of the most common cancers in the UK. Despite this, healthcare professionals still frequently misdiagnose the condition or diagnose it too late. As a result, many patients miss the opportunity for early, less invasive treatment.

Importantly, early diagnosis of bowel cancer significantly improves survival rates. However, research shows that the UK continues to lag behind other comparable countries when it comes to early detection.

Recent studies found that only 14.4% of bowel cancer cases in the UK are diagnosed at stage 1, compared with 20.8% in Australia and 22.3% in Canada. This stark difference highlights the serious consequences of delayed diagnosis in the UK healthcare system.

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Common Symptoms of Bowel Cancer

Bowel cancer symptoms often resemble those of less serious conditions. As a result, doctors may dismiss or misattribute them, causing delays in referral and testing.

Common symptoms include:

  • Rectal bleeding
  • Blood in the stool
  • An unexplained change in bowel habits
  • Persistent abdominal pain
  • Unexplained weight loss
  • Ongoing fatigue or extreme tiredness
  • A noticeable lump in the abdomen
  • A feeling that the bowel has not fully emptied after using the toilet

Crucially, these symptoms also occur in conditions such as irritable bowel syndrome (IBS), haemorrhoids, anal fissures, ulcerative colitis, diverticulitis, and bowel polyps. For this reason, clinicians must investigate persistent or worsening symptoms thoroughly rather than relying on assumptions.

Why Delayed Diagnosis Causes Harm

When doctors diagnose bowel cancer late, patients often require more aggressive treatment than would have been necessary at an earlier stage. This may include extensive surgery, chemotherapy, or radiotherapy.

Moreover, delayed diagnosis can significantly affect a patient’s physical health, mental wellbeing, and quality of life. In some cases, it may also reduce life expectancy.

How Bowel Cancer Is Diagnosed

The diagnostic process usually begins with a visit to a GP. Patients should clearly explain their symptoms, especially if they persist or worsen.

Where appropriate, a GP should refer the patient to a specialist for further investigation. Diagnostic tests may include:

  • Stool tests to detect hidden blood
  • Colonoscopy to examine the bowel
  • CT or MRI scans to assess disease spread

Prompt referral and timely testing play a critical role in improving outcomes.

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Conclusion: The Importance of Early Detection

Earlier diagnosis and treatment of bowel cancer can significantly reduce its physical and psychological impact. In addition, timely intervention may prevent the need for more extensive surgery or aggressive therapies.

Unfortunately, when healthcare professionals fail to act on symptoms or delay referrals, patients may suffer avoidable harm.

Medical Negligence and Bowel Cancer Claims

If you have experienced a delayed or missed diagnosis of bowel cancer, it is essential to seek legal advice as soon as possible. Medical negligence claims can be complex, but an experienced solicitor can guide you through the process.

A specialist medical negligence solicitor can:

  • Assess whether your care fell below acceptable standards
  • Gather medical records and expert evidence
  • Establish whether the delay caused avoidable harm
  • Pursue compensation for pain, suffering, and financial loss

Legal professionals also work closely with medical experts to strengthen claims and navigate the complexities of the healthcare system.

Our team has decades of combined experience advising and representing clients in medical negligence cases, including delayed cancer diagnosis claims.

If you would like to discuss your situation, please get in touch to arrange a free, no-obligation consultation. We are available by email or phone.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

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Accident at Work

What You Need to Know About Accident at Work Claims

What You Need to Know About Accident at Work Claims
What You Need to Know About Accident at Work Claims

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Accidents at work can cause serious physical injuries, emotional distress, and significant financial difficulties. If you have been injured due to your employer’s negligence, you may be eligible to make an Accident at Work Claim. This guide explains everything you need to know about your rights, the legal process, and how to pursue the compensation you deserve.

Understanding Accident at Work Claims

What Is Considered an Accident at Work?

An accident at work is any unexpected incident that causes injury or harm while you are carrying out your job duties. Common examples include:

  • Slips, trips and falls
  • Machinery accidents
  • Manual handling and lifting injuries
  • Falling objects
  • Exposure to hazardous substances
  • Injuries caused by insufficient training or equipment

Your Employer's Duty of Care

Under the Health and Safety at Work etc. Act 1974, employers in the UK must:

  • Provide a safe working environment
  • Conduct regular risk assessments
  • Supply appropriate training and safety equipment
  • Implement proper health and safety procedures

If your employer fails to meet these standards, they may be held legally responsible for your injuries.

Time Limits for Making an Accident at Work Claim

In most cases, you must start your claim within three years from the date of the accident. Acting promptly ensures you meet the legal deadline and helps preserve vital evidence.

Proving Employer Negligence

To make a successful claim, you must show that your accident resulted from your employer’s negligence or breach of duty. This may include:

  • Failing to follow health and safety regulations
  • Not repairing hazardous equipment
  • Poor training or supervision
  • Inadequate protective equipment

The Accident at Work Claims Process

1. Seek Medical Attention

Your health is the top priority. Get medical treatment immediately and ensure your injuries are documented in your medical records. These records will serve as key evidence for your claim.

2. Report the Accident

Notify your employer as soon as possible. Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), employers must properly record and report workplace accidents

3. Gather Supporting Evidence

Collect relevant evidence, such as:

  • Photographs of the accident scene
  • Witness statements
  • Accident reports
  • Medical documentation
  • Any correspondence with your employer

4. Consult an Experienced Solicitor

A specialist personal injury solicitor can:

  • Assess the strength of your claim
  • Explain your legal rights
  • Gather evidence
  • Handle communication with your employer or insurer
  • Guide you through the entire claims process

5. Negotiation and Settlement

Your solicitor will negotiate on your behalf to secure a fair settlement. Most claims settle out of court, but if the insurer disputes liability or the offer is too low, your solicitor may recommend further action.

Court Proceedings (If Necessary)

If court proceedings are required, a judge will review the evidence and decide the appropriate outcome. Your solicitor will represent you throughout the process.

What Compensation Can You Claim?

Compensation in Accident at Work Claims can cover a range of losses, including:

  • Pain and suffering
  • Loss of earnings (including future earnings)
  • Medical and rehabilitation costs
  • Travel expenses
  • Future care needs
  • Damage to personal property

Your solicitor will calculate the full value of your claim to ensure you receive the maximum compensation available.

Why Choose Us for Your Accident at Work Claim?

We specialise in handling workplace accident compensation claims and have decades of combined experience representing clients in complex employer liability, public liability, and occupiers’ liability cases.

What We Offer

  • Expert legal advice from a friendly, understanding team
  • Proven success in securing maximum compensation
  • Support throughout the entire claims process
  • Assistance in recovering financial losses such as lost earnings

We are committed to helping you achieve the best possible outcome and guiding you every step of the way.

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If you have been injured at work due to your employer’s negligence, you may be entitled to compensation.

Contact us today to discuss your Accident at Work claim and let our experienced team help you get the justice and financial support you deserve.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

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Categories
Birth Injury

Is Good Maternity Care A Postcode Lottery? Details Of The Birth Trauma Inquiry

Is Good Maternity Care A Postcode Lottery_Details Of The Birth Trauma Inquiry
Is Good Maternity Care A Postcode Lottery_Details Of The Birth Trauma Inquiry

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The Parliamentary Inquiry into Birth Trauma, published on 13 May 2024, makes deeply troubling reading. Led by the All-Party Parliamentary Group (APPG) on Birth Trauma, the inquiry received more than 1,300 written submissions from women and families across the UK.

Many of the accounts describe serious birth injuries caused by medical errors before, during, and after labour, alongside failures by hospitals to provide explanations or accountability. Most distressing were reports of women being treated without dignity or compassion- left unattended, ignored when asking for help, or dismissed when raising concerns about their own health or that of their baby.

Who Led the Birth Trauma Inquiry?

The inquiry was instigated and chaired by Theo Clarke MP, who also led the first Parliamentary debate on birth trauma. Importantly, Ms Clarke’s involvement highlights that poor maternity care and birth injuries affect women from all backgrounds, regardless of socio-economic status.

Key Findings of the Birth Trauma Inquiry on Birth Injuries

A major focus of the inquiry was perineal tearing, clinically known as Obstetric Anal Sphincter Injuries (OASI).

What Is Perineal Tearing?

Perineal tearing occurs during vaginal childbirth when the tissue between the vagina and anus stretches or tears as the baby is delivered. Tears are classified by severity:

  • First degree: Injury to skin only
  • Second degree: Skin and muscle damage
  • Third degree: Tear extends into the anal sphincter muscle
  • Fourth degree: Tear extends into the rectum

The inquiry found that third and fourth degree tears can cause lifelong complications, including bowel incontinence and pelvic organ prolapse.

Professor Mike Keighley, a colorectal surgeon, told the inquiry that many women present decades later with symptoms linked directly to undiagnosed childbirth injuries, stating:

“Incontinence or prolapse had either emerged for the first time or worsened, all due to an injury during childbirth that becomes unmanageable in later life.”

Leading Causes of Severe Perineal Tears

The inquiry identified instrumental (assisted) births as a significant risk factor.

Among the findings:

  • 7.5% of first time mothers having instrumental births experience severe tearing
  • 1.6% of women having non-instrumental vaginal births after a previous delivery experience severe tearing
  • The risk of OASI is 6 times higher with forceps and 3 times higher with Ventouse, when compared to spontaneous vaginal delivery

Other Risk Factors Include:

  • Prolonged second stage of labour
  • Baby positioned back-to-back
  • Baby weighing over 4kg
  • Mother aged over 35
  • South Asian ethnicity
  • Very fast labour
  • Shoulder dystocia
  • Short maternal stature

Can Perineal Tearing Be Caused by Medical Negligence

Yes. The inquiry confirmed that medical negligence can significantly increase the risk of severe perineal tears.

Examples include:

  • Failure to perform an episiotomy when clinically indicated
  • Poor monitoring of baby size or position
  • Failure to identify or manage shoulder dystocia
  • Incorrect or forceful use of forceps or vacuum extraction
  • Poor communication or delayed intervention by medical staff

Missed and Misdiagnosed Perineal Tears

The inquiry revealed that perineal tears are frequently missed or misdiagnosed.

  • Official figures suggest 3.1% of vaginal births result in tearing
  • Evidence cited by the inquiry suggests that the real figure may be closer to 10%

Professor Keighley reported that in 60% of cases involving third or fourth degree tears, the injury was missed at birth.

Misdiagnosis can have devastating consequences. One woman described how:

  • Her fourth degree tear was misdiagnosed as second degree
  • She later developed bowel incontinence
  • Her symptoms were dismissed as psychological
  • Over 21 years, she underwent 18 surgeries, ending in a colostomy.

Where a tear is missed or incorrectly repaired, this may amount to medical negligence, giving rise to a birth injury compensation claim.

Making a Birth Injury or OASI Compensation Claim

If a severe perineal tear is missed, misdiagnosed, or caused by negligent maternity care, a woman may be entitled to claim compensation.

Compensation can help cover:

  • Ongoing medical treatment and surgery
  • Physiotherapy and rehabilitation
  • Psychological support
  • Loss of earnings
  • Long-term care needs
  • Pain, suffering, and loss of quality of life

A claim can also provide answers, accountability, and an apology from the NHS Trust involved.

Get Expert Legal Help for Birth Injury Claims

If you or your baby have suffered a birth injury due to negligent care, you are not alone. What matters now is securing the support and compensation needed to fund recovery and future care.

Our birth injury solicitors have decades of combined experience handling complex medical negligence claims. We are:

  • Compassionate and understanding
  • Clear and honest in our advice
  • Committed to achieving the best possible outcome.

Call us on 01625 667166 today to discuss your claim

Free confidential consultation available

We are here to support you every step of the way

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Categories
Serious Injury

Spinal Injury Claims – What You Need to Know

Spinal Cord Injury
Spinal Cord Injury

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It is estimated that 35 people every week – around one person every four hours – suffer a spinal cord injury (SCI). The most common cause of spinal injuries is trauma, including road traffic accidents, workplace accidents, and falls. Importantly, many of these injuries are preventable and occur wholly or partly due to the actions of others.

The effects of a spinal injury depend on its severity. However, in many cases, the consequences are life-changing, affecting mobility, independence, and quality of life.

In this article, we explain what a spinal injury is, how to make a spinal injury claim, and what compensation you may be entitled to receive.

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What Is a Spinal Injury?

A spinal injury occurs when the spinal cord or the bones of the spine sustain damage. If the spinal cord is injured, it can disrupt communication between the brain and the body. As a result, paralysis and loss of sensation may occur.

The severity of a spinal cord injury varies. For some people, it leads to complete paralysis. For others, it causes partial paralysis or limited movement.

In addition, serious spinal injuries can arise from damage to the bones of the spine alone. Even when the spinal cord remains intact, these injuries can still have a significant and lasting impact on everyday life.

How Much Compensation Can I Claim for a Spinal Injury?

Every spinal injury claim is different, as no two injuries or circumstances are the same. For this reason, compensation amounts can vary significantly. However, spinal injury compensation may include:

  • Pain and suffering caused by the injury
  • Rehabilitation and ongoing medical treatment
  • Current and future loss of earnings
  • Care and support needs, both now and in the future
  • Home adaptations to improve accessibility
  • Specialist equipment and mobility aids

At NJS Law, our specialist spinal injury solicitors will carefully assess your case and accurately calculate the compensation you need to support your recovery and future quality of life.

How We Can Help With Your Spinal Injury Claim

If you or a loved one has suffered a spinal injury due to someone else’s negligence, you may be entitled to make a spinal injury claim.

By taking action, you may access early rehabilitation, financial support, and the compensation required to adjust to the impact your injury has had on your life. Crucially, timely management, specialist care, and rehabilitation play a vital role in restoring function and reducing long-term disability.

At Nicholson Jones Sutton Solicitors, we understand this urgency. Therefore, we work proactively from the earliest stages of your claim to secure the support you need.

Furthermore, if the organisation responsible admits liability early, we will seek interim compensation payments. These payments can ease financial pressure while your claim progresses.

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How Long Do I Have to Make a Spinal Injury Claim?

In most cases, you have three years from the date of your spinal injury to start a claim. However, there are exceptions, particularly in cases involving children or protected parties.

That said, starting a claim as soon as possible is always advisable. Early action allows rehabilitation and financial assistance to begin sooner and makes it easier to gather evidence, such as witness statements and medical records.

Why Choose NJS Law?

At NJS Law, our specialist spinal injury team focuses on the individual. We recognise that every spinal injury claim is unique, which is why we provide a supportive, personalised service tailored to your needs and objectives.

Ultimately, our goal is to secure the compensation you need and deserve, ensuring the best possible quality of life both now and in the future.

Hayley Yates

Solicitor

CONTACT US

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

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Women’s Health Negligence

Delayed Diagnosis of Breast Cancer and Medical Negligence

Breast Cancer Misdiagnosis
Breast Cancer Misdiagnosis

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A recent article highlighted how a failure to diagnose breast cancer at an early stage allowed the disease to progress significantly before detection. Sadly, diagnostic delays of this nature can leave patients facing life-changing consequences. In many cases, earlier identification could have improved treatment options and outcomes.

This article explores breast cancer in the UK, explains why early diagnosis is vital, and outlines when a delayed diagnosis may amount to medical negligence.

Breast Cancer in the UK

Breast cancer remains the most common cancer diagnosed in the UK. On average, clinicians diagnose around 150 new cases every day. While the condition affects women of all ages, statistics show that approximately 18% of diagnoses occur in women under 50, with the remaining 82% affecting women aged 50 and over.

Because breast cancer is so prevalent, early detection plays a crucial role in improving survival rates and reducing the need for aggressive treatment.

What Is Breast Cancer?

Breast cancer develops when abnormal cells in the breast divide uncontrollably. If left untreated, these cells can spread to other parts of the body through the lymphatic system or bloodstream. This spread is known as secondary or metastatic breast cancer and is more difficult to treat.

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Common Symptoms of Breast Cancer

Symptoms can vary between individuals. However, the NHS identifies several key warning signs, including:

  • A lump or swelling in the breast, chest, or armpit
  • Changes to the skin of the breast, such as redness or dimpling
  • A change in the size or shape of one or both breasts
  • Nipple discharge or changes to the nipple’s appearance
  • Persistent pain in the breast or armpit

Although these symptoms do not always indicate cancer, they should always be investigated promptly.

Why Early Diagnosis Matters

Early diagnosis significantly improves outcomes for breast cancer patients. When detected early, cancer is less likely to have spread, and treatment is often more effective and less invasive.

Given that a large proportion of breast cancer diagnoses occur in women over 50, the NHS Breast Screening Programme plays a vital role. The programme routinely invites women aged 50 and over for mammogram screening. In addition, NHS England encourages all women to remain breast aware by following the TLC method:

  • Touch – feel for anything new or unusual
  • Look – notice any visible changes
  • Check – contact your GP if you identify concerns

By acting quickly, women can reduce the risk of delayed diagnosis and advanced disease.

Breast Cancer Treatment Options

Treatment varies depending on the type of breast cancer and the stage at diagnosis. Clinicians tailor treatment plans to each patient’s needs. Options may include:

  • Mastectomy (removal of the breast)
  • Breast-conserving surgery, such as lump removal
  • Chemotherapy
  • Radiotherapy
  • Medication, including hormone therapy

Importantly, earlier diagnosis often allows for less aggressive treatment and better long-term outcomes.

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When a Delayed Diagnosis May Be Medical Negligence

In some circumstances, a delayed diagnosis of breast cancer may amount to medical negligence. This can occur where healthcare professionals fail to investigate symptoms, delay referrals, misinterpret test results, or do not follow appropriate screening or diagnostic guidelines.

If you believe negligence caused or contributed to a delayed diagnosis, it is important to seek legal advice as soon as possible. A specialist medical negligence solicitor can assess your care, gather evidence, and advise whether you may be entitled to compensation.

Legal Support for Breast Cancer Negligence Claims

Living with breast cancer, particularly at an advanced stage, can affect every aspect of life. It may impact your health, employment, finances, and family relationships. Pursuing a negligence claim can help secure compensation to support treatment, rehabilitation, and financial stability.

Our team has decades of combined experience advising and representing clients in gynaecological and breast cancer negligence claims. We approach every case with sensitivity, professionalism, and determination.

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.

CONTACT US

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

0800 6525 656
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Medical Negligence

Surgical Errors and Medical Negligence Claims

Surgical Errors
Surgical Errors

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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.

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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.

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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.

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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.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

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Categories
Cosmetic Negligence

Tummy Tuck Gone Wrong – Claiming Compensation

Tummy Tuck Gone Wrong - Claiming Compensation
Tummy Tuck Gone Wrong - Claiming Compensation

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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.

Ask NJS Law

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

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FAQ

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Hayley Yates

Solicitor

Hayley qualified as a Solicitor in 2004. For many years, she has dealt with serious injury litigation cases and has a wealth of experience in representing both Nationwide clients and clients in Western Australia who have suffered from injuries of the upmost severity.

Outside of work, Hayley enjoys spending time with her family, walking her dogs and cold water swimming!

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