Mesothelioma Legal Advice

It is no laughing matter when medical negligence claims are brought against doctors, hospitals, surgeons and other medical staff, but sometimes the sheer level of incompetency or the size of the error is mind boggling. It is a shame that, in this day and age, errors like this can still occur.

Here we look at six of the most amazing, scary and weird (and admittedly mostly American) medical negligence cases we can find. In some of them, the victim cannot even claim for medical negligence compensation due to certain laws in the States. Rest assured, in the UK each and every case would be as open and shut as it gets.

1) Antibiotic Treatmeant Leads to Deafness

One patient was treated with antiobiotics via intravenous drip for a diarrhea complaint. However, the drip was left in for too long and the antibiotics permanently damaged the nerves in her ears, rendering her permanently deaf. To compound matters, the doctor in question recognised that the IV had been in place too long…yet failed to have it removed! In the UK, an open and shut case. However, in the State of Texas the woman cannot claim for medical negligence compensation as the laws have made it unprofitable for a medical lawyers to take on such cases.

2) Healthy Lung Removed

A man complained of chest pains to his GP, was referred to the NHS and was mistakenly diagnosed with lung cancer, subsequently having his lung removed. The problem was he did not have cancer and aperfectly healthy lung was removed by mistake, leaving the man frail and out of breath after minimal excercise or exertion. Despite receiving no explanation or apology, the man has only recently decided to claim for compensation and hopes to settle out of court.

3) 90 Minute Procedure Takes Six Hours

When a man went to a Medical Centre for a second liposuction treatment he was assured by the surgeon that the procedure would only take around 90 minutes. Instead, the patient had to suffer six hours at the hands of the surgeon who was described as being impaired and falling asleep on the job. Remarkably, the other operating staff noted this but did nothing to stop him, before OR during the operation. The surgeon in question has thankfully now been sacked and is being being sued for medical negligence.

4) Man Burned Undergoing Liver Transplant

That one, from Canada, is truly horrifying. While undergoing a liver transplant operation, a man’s heart stopped. In the rush to resuscitate him disinfectant alcohol on his neck and shoulder was ignited. The man awoke to find he had suffered serious burns and to make it worse, the liver transplant, unsurprisigly, failed. He is currently making a medical negligence claim and should receive some kind of compensation.

5) Wrong Limb Amputated

If you’ve heard of a medical negligence case before, chances are it would have been along these lines. A Tampa man went into hospital to have a leg amputated and, thanks to a long line of mistakes and cock ups, the wrong leg was removed. The surgical team involved even realised the error half way through the operation but by then it was too late and the limb had to be removed. The victim made successful medical negligence claims and won $1 million in compensation.

6) Botched Vasectomy

Finally, one that will make every man wince in terror and sympathise completely. A man decided to have a routine vasectomy after his wife fell pregnant with their fourth child. Despite being anaethetised, he felt excutiating pain during the operation. His surgeon, however, continued working until the operation had to be stopped when the man began vomiting and rolled off the table. One of the man’s testicles turned black and doubled in size shortly after. Eventually both testicles had to be removed thanks to the botched surgery by the surgeon. The man successfully sued for $1.76m in medical negligence compensation.

All of these are, of course, worse case scenarios, experienced only by the truly unlucky. That said, there are, unfortunately, a lot of cases of medical negligence that are far less serious but no less distressing for the victims. If you feel you’ve suffered from some kind of medical negligence then speak to a medical lawyer to determine if you are due any compensation.

Hundreds of thousands of peope are treated in hospitals by the NHS each year and in most cases the treatment they receive is perfectly acceptable. However, it can and does occur that some patients are poorly treated or mistreated by NHS doctors and nurses, whether that is through a lack of knowledge, time or attention to detail – or worse. Either way, it boils down to medical negligence on the part of the NHS and you ARE entitled to claim for compensation if you suffer it.

There are certain things that need to be determined before a medical negligence solicitors can act and progress a case against the NHS for compensation.

Firstly, it has to be established that the NHS had a duty of care towards you. In other words, that they were duty bound to look after you whilst you were in their care. This is the simplest thing to establish as, for example, if you were in hospital for an operation it is up to the hospital that you receive the right and proper treatment before, during and after the operation for a reasonable amount of time.

Secondly, it has to be established that the hospital breached that duty of care in some way. This is one of the most difficult part to prove as this is the basis of any medical negligence case. Did the care or treatment of you fall below acceptable standards, was there medical negligence involved? This could be either by an act – removing the wrong organ for example – or through lack of action, such as keeping the hospital free of superbugs. Once it has been detrmined that you were mistreated, misdiagnosed or otherwise neglected the solicitor can move on to the final requirement.

That is that the negligence led to some sort of injury or illness. This can be even harder to prove than the fact that there was some kind of medical negligence – how did that negligence directly lead to your injury or illness? In most cases this is the bit that will determine just how much compensation you get should your claim prove to be successful. Many judges will set levels of compensation based on the level of suffering of the patient, as well as the type of negligence that was proven.

If you and your solicitor are confident then you can proceed with suing the NHS.

However, you may be struggling with the moral dilemma of suing a hospital or doctor, asking yourself what will happen to them. You might be worried that the doctor in question could lose their job. In most cases this is unlikely. However, if the medical negligence was life threatening it is possible – but in continuing your claim you could be saving a life or preventing suffering for other patients by stopping that doctor from practising further.

If you are suing a hospital rather than an individual you might be concerned that you will be costing the NHS vital money and therefore putting other patients at risk. You should know that the NHS sets aside a certain amount of money each year for claims such as yours and the more genuine claims that are brought against them, the more likely they are to improve their services and practices, leading to better care for everyone.

It can be a difficult decision to take, but you ARE entitled to compensation for any suffering you have felt resulting from medical negligence and your actions COULD prevent others from suffering the same. Your chosen medical negligence solicitor will be able to help you decide if you have a claim to make and will advise you on the moral dilemma based your individual circumstances.

Since medical negligence cases are complex and difficult to litigate successfully, it is important to contact a medical lawyer if you think you have a case. Medical lawyers secure millions of dollars in damages through effectively handling medical negligence cases for clients across the country.

Types of Medical Negligence Cases

Doctors, nurses, and similar medical professionals have an obligation to adhere to accepted standards of care, and failing to meet these standards is considered negligence. Medical negligence can occur in any place that healthcare services are provided including hospitals, nursing homes, birthing centers, clinics, outpatient medical facilities and hospitals. However, some of the more common types of medical negligence cases involve:

• Misdiagnoses, including delayed diagnoses, failures to diagnose and wrong diagnoses. A misdiagnosis can result in unnecessary treatment, the wrong kind of treatment or no treatment at all. The consequences can be devastating and may even be fatal.
• Medication mistakes that may include an under or overdose, interactions between drugs that are dangerous, or the wrong drug administered. Errors in medication are responsible, each year, for hundreds of thousands of injuries in the United States and the consequences can be deadly.
• Errors in surgery, including instruments left in the body, amputating the wrong limb or removing the wrong body part. Mistakes made during surgery can lead to serious infections or worse.
• Errors in the delivery room, often causing harm to the infant. Failure to diagnose a condition in the mother or child, for instance, or the unnecessary use of force during the delivery can result in Erb’s palsy or cerebral palsy.

Medical attorneys handle the range of medical negligence cases and will be glad to evaluate your claim free of charge.

Compensation in Medical Negligence Cases

If you have a medical negligence case, you may be entitled to compensation for the monetary damages you suffered as well as non-monetary damages such as pain and suffering. For example, recoverable damages may include:

• Medical bills
• Lost wages or loss of earning capacity
• Permanent disability or disfigurement
• Mental anguish
• Loss of companionship or support

If you think you have a medical negligence case, it’s in your best interest to talk to an attorney as soon as possible. Medical neglgence cases must be filed within a certain amount of time after the negligence occurred because they are subject to strict deadlines. If you fail to file within the appropriate time you may miss your opportunity to obtain compensation for your losses.

Contact a Lawyer about Your Case of Medical Negligence

Speak with an attorney, today, about your medical negligence case. They will evaluate your claim at no charge and inform you of your legal rights and options.