Hospital Negligence

Cholecystectomy (removal of the gallbladder) is usually performed laparoscopically but may be by open surgery. Damage to the bile duct may occur and is often due to surgical error – failure to identify the structures.

It is crucial that the structures have been correctly identified as there are anatomical variants. Damage to the bile duct results in biliary leak; this may be apparent at the time of operation or in the post-operative period.

Negligence claims may concern the occurrence to the bile duct damage itself, failure to recognise such damage, and delay in diagnosis of the biliary leak in the post-operative period.

The cauda equina (Latin for “horse’s tail”) consists of the nerve roots that originate from the lower end of the spinal cord within the lower part of the spinal canal. These nerve roots emerge from the spinal column.

The cauda equina may be compressed by a central prolapsed disc – it may occur where there is already a history of degenerative back disease and prolapsed disc.

Typical features include back pain, bladder and bowel disturbance, numbness over the bottom, back of thighs and between the legs (“saddle anaesthesia” the contact points when riding), numbness in the ano-genital area, and leg weakness.

Recognising the condition in good time is crucial so that emergency decompression surgery can be performed.

Surgery may result in complete or partial recovery where there are persisting problems of leg weakness, incontinence, sexual dysfunction, saddle and perineal anaesthesia.

Claims in respect of cauda equina syndrome may concern allegations of delayed or missed diagnosis resulting in delayed surgical decompression leading to irreversible nervous injury.

Fracture – a break in the bone – usually results from trauma. Typically there is pain, bony tenderness, inability to use the affected part, and sometimes deformity; there may be multiple fractures, and associated injury to nerve or blood supply.

A fracture may be suspected on clinical examination, but is usually confirmed by x-ray.

The assessment of an injury may or may not include x-ray.

Fractures may be missed at medical assessment; this may be for a number of reasons including: failure to suspect fracture and so failure to x-ray; not seeing the fracture on x-ray; failing to recall the patient where an initially missed fracture is identified.

A missed fracture may result in persisting pain and reduced movement, deformity and non-union. It may require surgery when eventually diagnosed.

The scaphoid is one of the bones of the wrist. It is typically caused by a fall onto the outstretched hand. It may also occur in sport.

Clinical assessment may reveal tenderness at points in the wrist and reduced movement.

Conventional x-rays may not reveal a scaphoid fracture; special scaphoid views may be required.

Even if the x-ray is normal, if there is tenderness of the wrist so that scaphoid fracture is suspected the injury is treated presumptively as fracture by immobilisation; the patient is recalled for review.

A missed scaphoid fracture may lead to poor healing (mal-union) or to the bone dying from loss of it blood supply. Surgery may be required.

Chest pain is a significant symptom which can be caused by conditions including: heart disease, clot in the lung, chest disease, and indigestion. It may also be caused by less serious disease such as muscle strain. It requires careful assessment and appropriate investigation.

Negligence claims may arise where a serious cause of chest pain has been missed and attributed to a trivial cause because of inadequate assessment and investigation.

Missed diagnosis of a heart attack is a from of Medical Negligence and may result in serious outcomes.

Unfortunately medical negligence claims around cancer diagnosis, both missed and late, are far too common. A missed symptom, or one picked late up in the diagnosis, may prolong suffering and change a patient’s life.

Medical professionals should take the time and effort not to miss any signs of the illness. Cancer tests usually have a clear outcome and should not be misread. It happens, and cases often start when a scan is ignored, not read or histology is not read properly. Cancer misdiagnosis or incorrect treatments can come from blood results not being investigated fully. Another avoidable error.

Your life can change quickly when you contract cancer. Misdiagnosis or late diagnosis lets a cancer spread unchecked. Your medical negligence claim pursues the compensation you require to make your life comfortable again.

Human error may occur so that the surgery is performed “wrongly”: wrong site, wrong side or wrong operation. Such cases are often human error or down to system failures.

Such cases are often referred to as never events as they simply should not occur. Claims may arise in respect of surgery from the performance of the surgery itself and /or from the consent for such surgery (see above).

Surgical Negligence claims include:

All sorts of items are used in the course of procedures including instruments, swabs, needles, drains, catheters, and so on.

There are procedures to ensure that items are accounted for at the end of a procedure. The retention of foreign items during surgery is a never event and is a serious medical negligence case.

The bowel may be injured in the course of an abdominal procedure. There may be fault associated with:

(1) causing the bowel injury.

(2) failing to detect the bowel injury at the time of the procedure.

(3) delay in diagnosing the bowel injury in the post-operative period.

The bladder and/or ureters (the tubes from the kidney to the bladder) may be injured in the course of surgery. There may be fault associated with:

(1) causing the injury

(2) failing to detect the injury at the time of the procedure

(3) delay in diagnosing the injury in the post-operative period.

Failing to deal with a ureteric injury can have catastrophic consequences such as the loss of a kidney.

Cerebral palsy is the general term for a number of neurological conditions that affect movement and coordination. It is usually due to injury to the baby’s brain that can occur before, during or after birth. There are many causes and varying degrees of severity. The condition may only become apparent when the baby fails to achieve development milestones.

Some cases of cerebral palsy may be due to mismanagement of pregnancy and labour – the baby may be starved of oxygen so as to cause brain damage. Such cases may give rise to a negligence claim; the compensation level may run into millions to fund the future needs of the child.

Incapacitated patients, due to injury, old age or long-term recovery need specialist medical care and support services. Simple procedures like turning the patient regularly, can make a big difference. Busy staff may forget you, but lying in the same place in a hospital bed causes pressure sores, which are very painful.

Pressure sores are difficult to cure and get infected. They are one of the most common side-effects of being in hospital for long-term care, yet are probably the easiest to avoid. Medical negligence solicitors deal with claims around pressure sores almost daily, they are that common a complaint.

Other hospital negligence claims include misdiagnosis, nerve damage, lack of informed consent, falls while in hospital, pregnancy and birth errors.

Medical professionals make mistakes, but when due to medical negligence the patient will suffer, unnecessarily. In hospital a doctor may make mistakes due to being overworked or nursing staff may fail to adequately transfer information between shifts or not do medical observations as frequently as they should.

Getting you through the process of seeking compensation arising from hospital mistakes and misdiagnosis or poor care is what experienced medical negligence solicitors do.

Medical mistakes need to be put right and you need to be compensated for such mistakes. Your medical negligence claim will get you treatment to alleviate the extra suffering.

When medical staff in hospital provide negligent treatment, the patient suffers. The right legal team will put that right.

If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. 

It’s free and easy to speak with one of our team of medical negligence professionals.

You can take a medical negligence claim against an NHS hospital or clinic. There were 12,629 claims made against the NHS in 2020 / 2021.

For most people in the UK an NHS hospital is their first call for medical treatment. As a result many medical negligence claims come from what happens in the NHS. If you suffer medical negligence while in an NHS hospital, you have a right to sue for compensation.

You can take a medical negligence claim against a private healthcare provider. Any hospital, private or NHS run, is responsible for providing you with acceptable care and treatment. When they fail in that responsibility, the clinic must take steps to make up for the mistakes.

At the Medical Negligence Team our experience will guide you through any medical negligence claim. We have the record and the expertise to provide all medical negligence services.

To make a medical negligence claim takes time and effort. We have all the skills and expertise to do that for you.

Our unique 100% compensation promise ensures all compensation goes to you. After all, you are the one who suffered the medical negligence. The no win, no fee policy means you will not be out of pocket, regardless of the outcome.

Contact the Medical Negligence Team to claim compensation for your negligent hospital care.