Tag: claim

Orthopaedic surgery negligence: do you have a claim?

Orthopaedics is a common area of medicine where medical negligence claims are brought. If you’ve recently had orthopaedic treatment and are less than happy with the result, you may be wondering if you are entitled to claim for damages.

What constitutes ‘orthopaedics’?

The field of orthopaedics includes anything to do with treatments for injuries and conditions affecting the musculoskeletal system, specifically the following:

• bones
• tendons
• joints
• muscles
• ligaments
• cartilage

Common conditions that are dealt with by orthopaedic surgeons include:

• fractures
• hip replacements
• spinal injuries
• knee replacements
• bone tumours
• bone infections
• congenital birth defects

Although the majority of treatments that are carried out are successful, all operations and procedures carry an element of risk. Errors do occur, which can have a massively detrimental effect on a patient’s life, causing pain and suffering, and even preventing them from working.

Common errors in orthopaedics

There are a number of common failings that can lead to long-term health issues for which you may be entitled to claim compensation.

1. X-rays and scans can sometimes be misread. This can lead to a delay in your treatment, potentially meaning long-term problems as conditions get worse.

2. The failure to spot a fracture during an initial consultation can lead to ongoing pain and potentially poor healing of the bone, resulting in the need for more surgery to correct the problem.

3. Poor husbandry whilst on the orthopaedic ward can result in infection post-surgery. This could potentially be life-threatening if the infection is not treated quickly enough.

4. If prosthesis is required following amputation, it must fit correctly. If the prosthetics are not fitted correctly, this can lead to pain and ongoing problems with mobility.

What can you claim compensation for?

You could suffer financially if you have been unable to work since your treatment. This applies whether you’ve had to miss work for a few months or whether you can never work again. Your claim in these circumstances would be for ‘loss of earnings’.

Psychological damages can be claimed, for example if you have suffered depression as a result of malpractice that has left you partially paralysed and requiring adaptations to your home.

You can make a claim for physical suffering if your treatment has left you in continual pain or if you suffered pain unnecessarily for a prolonged period of time, due to the practitioner’s negligence.

If any of this sounds familiar, consultation with experienced direct access barristers should be your next course of action.

Get expert legal help

If you think that you have suffered as a result of medically negligent orthopaedic treatment, a direct access barrister could help you make a successful claim. To find out how our experienced barristers could help, contact us today.

How can a barrister help me with a settlement agreement?

If you are an employer or employee that is party to a workplace dispute, you might be considering instructing a barrister to advise you on a settlement agreement.

Why would an employer offer a settlement agreement?

Employers might offer a settlement agreement to bring an employment dispute to an end. If you are an employer that is concerned about an employee bringing a claim against you at an employment tribunal, a settlement agreement can be a useful way of ensuring they do not. Settlement agreements are legally binding and prevent the employee bringing a claim for disputes or conduct outlined in the agreement.

Having a watertight settlement agreement in place can protect the reputation of your business and also save the additional time and cost that you could incur if you were to go to an employment tribunal. It is essential to get expert legal advice to ensure your business is adequately protected from potential employee claims, and an expert employment barrister is the most qualified to assist you.

What should an employee look for in a settlement agreement?

If you have been offered a settlement agreement by your employer, you do not have to accept the agreement right away. In fact, it is actually a legal requirement that you have had independent legal advice with regards to the settlement agreement otherwise it will not become legally binding.Often, employers will offer to pay the legal expenses associated with seeking legal advice on a settlement agreement.

Your barrister will seek to get you the best deal possible, including a monetary settlement, a good reference, a preferable termination date if your contract is to come to an end, and any other benefits you believe you are entitled to. The financial amount you might expect to receive should be in line with: what an employment tribunal would be likely to award you if you were to bring a case before it, length of service, your position, the difficulty of getting a new role and the length of time you can expect to be out of employment, along with other factors which might affect your overall financial position.

Settlement agreements can be a useful tool for both employees and employers, and expert legal advice is essential in getting the most out of a settlement agreement. To discuss how our barristers might help you get the most out of a settlement agreement, contact our direct access barristers now.

How much could a barrister help me claim for a motorcycle accident?

If you have been involved in a motorcycle accident that was at least partially the fault of someone else, you might be wondering whether you are entitled to compensation and how much you are able to claim. This post looks at how your barrister and the court will value your claim, in order to give you an idea of how much compensation you might be entitled to for your injury.

Calculation of compensation

Most personal injury cases do not proceed to court and are settled between the parties for a fair amount of compensation. Your lawyer will look to value your claim in line with what would be awarded to you by a court, and seek to recover this amount from the other party’s insurers.

In order to make a proper evaluation, your lawyer will need to obtain information from you, as well as all of your medical reports and notes. Valuing motorcycle injury compensation can be challenging, but the right legal professional will fully consider the points below in order to get the maximum amount of compensation you are entitled to.

Factors that are considered

How severe was your injury?

The extent of your injuries will have an effect on how much you could be entitled to. The injuries sustained from motorcycle accidents can vary substantially, as can the amount of compensation you could be awarded.

Minor fractures attract around £1000, whereas compensation for the most serious injuries, including paraplegia, can attract awards of up to £350,000. When making your claim, your lawyer will obtain an expert medical opinion on how your injuries might impact your life, in order to make an accurate assessment of how much compensation you are entitled to.

How have you suffered loss?

The court will also award compensation for all of the ways in which you have suffered loss financially. This includes loss of earnings and loss of future earnings. If your injuries will affect your capacity to earn in the future, your lawyer will calculate how much this could be worth. In order to do this, your lawyer will consider how old you are, your line of work and your capacity to carry out another job.

Obtaining a quote from one of our direct access barristers is completely free, so contact us at Barristers 4 U today to find out how we can help you claim compensation for your motorcycle injuries.

What to do if you suspect medical negligence

If you feel that you’ve not received the optimum standard of care from a healthcare provider, you may have a case for medical negligence. An experienced legal firm of healthcare barristers will be able to advise you on whether you have good grounds for a claim.

Do you have grounds for a medical negligence claim?

A medical negligence action is likely to be successful if you can prove that a healthcare professional breached their duty of care to you resulting in damage or injury to your person. Common types of malpractice suits involve:

• cosmetic surgery mistakes
• surgical errors
• wrong or delayed diagnosis of serious conditions
• dental malpractice
• injury sustained during childbirth

Although many people pursue medical negligence claims in the hope of being awarded financial compensation, you could simply settle for an admission that the care you received was substandard and an apology.

In order to discern if a clinical case exists, you will need to establish the following criteria:

1. That there is a duty of care between you and your treating clinician. (This is never contested as there will always be a duty of care between healthcare professional and patient).

2. That the standard of care you received was insufficient and the duty of care has therefore been breached.

3. That as a direct consequence of the poor treatment you received, you have suffered pain, discomfort, or complications, which would not have occurred had the treatment been up to the expected standard. This is termed, ‘avoidable harm’.

What should you do if you think you have a medical negligence claim?

Medical negligence law is an extremely complex personal injury field. It’s therefore recommended that you seek advice from an experienced healthcare barrister. You’ll need to provide documentary evidence to support your claim. This evidence will include:

• written accounts of what happened, provided by you, your family, and any other witnesses involved

• access to your medical records

• details of prescriptions and receipts for any corrective medical treatment you have undergone in order to rectify the negligent treatment

• details of any loss of earnings or costs you have incurred as a result of the alleged negligence

Seek advice today

If you suspect that you have been the victim of medical negligence by a healthcare professional, you may be able to make a claim against them. Contact a healthcare barrister near you through Barristers4U for a free, no-obligation quote today.