Clinical Negligence: Types of claim

Accident and Emergency

Patients generally visit Accident and Emergency with an acute medical problem.  Difficulties may arise on route to the hospital due to failures of the ambulance service or on arrival at Accident and Emergency when diagnosis is delayed or even completely missed.

Birth Injuries and Gynaecology Claims

Half of the population generally see a doctor at least once in their lives for obstetric and gynaecological issues and it is therefore not surprising that a large number of types of claims can arise.  These include when the birth does not go as planned and the child is damaged either in a minor way or so profoundly that the family will never be the same  in the most extreme cases when the child dies.  Gynaecology claims include failures at hysterectomy, damage to the mother at birth whether by way of tears or uterine damage and problems related to fertility.

Cancer claims

Cancer claims are as varied as this disease.  They usually centre on failure to diagnose the disease at an appropriate stage leading to a difference in the outcome for the patient.  We see increasing claims for melanoma, kidney and lung cancer, throat and tongue cancer as well as cancers of the digestive tract.

Coroners and fatal claims

If a member of the family dies while receiving treatment or as consequence of not receiving treatment there may be a claim.  If active treatment is involved then an Inquest may be held and advice before the Inquest enables the family and the Coroner to discover more about events surrounding the death.

The development of Human Rights law mean that Inquests are of increasing importance and the Coroner is not limited to a simple verdict and may make recommendations as to the improvement of healthcare in the future.

Inquests are public hearings and often attract media interest.  A solicitor familiar with this process will ensure that the familys’ interests are properly protected.

Defective medical products

Some medical injuries arise due to the failure of a product or device (such as a hip implant, heart value or a drug).  In such cases there may be entitlement to compensation under the Consumer Protection Act 1987.  These cases are difficult and may be conducted as part of a group action.

We have experience of product liability litigation in the following areas: heart valves, breast implants, hip replacements, drugs.

GP and dental claims

Most of the healthcare in the UK is provided by GPs.  As GPs are the gateways to more expert intervention from hospitals claims often involve a delay in onward referral and a failure to undertake tests which would diagnose a condition or prompt such a referral.  Increasingly GPs are involved in minor surgical procedures and claims sometimes arise from this such as claims arising from biopsy, mole removal and sterilisation.

Dental claims may involve inadequate root canal treatment, filling teeth that do not require treatment, retained products after treatment or removal of teeth, failure to treat gum disease and dropping items.

Surgery claims

Surgery may not go as planned but not all post surgery complications give rise to a claim.  Solicitors investigate the reasons why things have not gone as planned and if the care is substandard there may be a claim.  This can include claims arising from abdominal surgery, back and neck surgery, arm and shoulder surgery and lower limb surgery.  Nerves and blood vessels may accidently be damaged during surgery which may give rise to a claim.

Nursing, physiotherapy, osteopathic and chiropractic claims

Over robust treatment may give rise to injury in physiotherapy, osteopathic and chiropractic treatment.  Alternatively treatment may fall outside recognised professional guidelines.  Nursing claims may involve failure to adequately prevent and then treat bed sores.  In the most serious of such cases this can give rise to fatality.