Making a claim for medical negligence compensation in the UK
How to pursue a claim for medical negligence in England & Wales
In the UK were a extremely fortunate to have a Healthcare system that is one of the best in the world. Despite the huge task that they are faced with, the National Health Service (NHS) performs its role extremely well.
New efficiency targets and standards of excellence have been set by the Labour Government since they came to office in 1997. There have been considerable improvements in the service generally. However, because of the sheer volume of people using the NHS, it is inevitable that not everyone will have a happy or positive experience.
The very fact that the NHS have tough targets to meet and a streamlined budget means that staff are constantly under pressure to perform and the law of averages dictates that mistakes will happen.
If you have been the victim of a medical error the law in the UK allows you to make a claim for clinical negligence against the health professional or local "Trust" that treated you.
You generally have 3 years to make your claim from the date of injury but this can be extended if you later learn of (or receive knowledge of) the injury following further medical advice. Limitation in this area can be complex and you are advised to seek a legal opinion on your circumstances even if the initial 3 year period is spent.
In order to pursue a claim, you must firstly have your case assessed by a clinical negligence lawyer. The Law Society of England & Wales have a select panel of lawyers / solicitors who are authorised to deal with these claims. The Clinical Negligence Panel is a very select group of specialist lawyers. You must ensure that any lawyer who you instruct to deal with your case is actually a member of the panel. This will provide you with an opportunity to receive the best possible advice and legal representation.
You will need to consider how best to "fund" your claim. This means that you will must deal with the question of how the legal costs in pursuing the action are to be paid for. There are a number of funding options because medical negligence claims are treated rather differently to accident related personal injury claims in the UK:
• You might be entitled to Public Funding (formerly "legal aid") which means that your costs and disbursements (expenses necessary to prove the claim) will be covered by agreement with the Legal Services Commission.
• You may opt for a "No win No fee" agreement with your solicitor. Here your legal representative agrees to act for you on the basis that they will only recover costs if / when they win your claim. You would be liable for payment of any disbursements and would need to insure against losing the case in court and having to repay defence costs.
• If you are a member of a Trade Union, there may be provisions within the benefits of your membership to pursue a claim without incurring costs.
• You may have a legal expenses insurance policy which will cover you for such a claim. These policies are commonplace with for example Home insurance policies in the UK.
• Finally you may wish to fund the claim privately by paying your lawyer on an hourly basis. Reasonable costs and disbursements would be recovered if you were successful in making your claim.
Once the funding issue has been dealt with, the next step involves assessing and proving liability. Very often it can take time to properly establish liability. This is because most cases are usually complex in nature and initial investigations need to be carried out in many cases. These investigations can involve reviewing the claimants medical records (GP notes etc) and asking the claimant to undergo a medical examination.
In order to win the case you must show that a "standard of care" was owed to the claimant by the defendant (medical professional) and that this standard was breached. You must then establish causation – in other words prove that injury or harm resulted from the breach.
It goes without saying that medical negligence claims are very complex and can take a long time to conclude. They are not run of the mill claims that can be dealt with by any lawyer. You need specialist legal assistance from day one and must be prepared to cooperate fully with your lawyer.
The levels of compensation can be substantial. This is mainly because the injury or harm in many cases can be severe and long lasting. If your claim succeeds you may be able to claim for future treatment costs, loss of earnings as well as pain and suffering.
If you have suffered injury in these circumstances, please contact an authorised lawyer for advice.
For more information about making a medical negligence claim in England & Wales, please visit our "Medical Claims UK" claims website.
This article has been written by Martin J Nolan who is a legal marketer for UK compensation lawyers offering free Medical negligence NHS compensation advice in the UK
Another Good Reason To Take Your Fish Oil
Two factors that has caused the spread of viral hepatitis around the world is:
It is much easier to fly to another continent in a matter of hours. We can eat fresh produce grown in countries all around the world.
These are just two reasons the hepatitis viruses have been able to spread more rapidly.
Hepatitis A and E are primarily spread via the fecal- oral route. Some outbreaks have been traced to tainted produce and poor sanitation practices by infected food service workers. Hepatitis A and E can also be spread by blood or sexual activity.
Hepatitis B, C, D and G are spread via blood and body fluid. People at risk would be those with multiple sexual partners, day care and health care workers, people who suffer needle-stick injuries from improperly disposed medical waste, people using recreational drugs, and people receiving tattoos and piercings. Even the sharing of a toothbrush or razor can lead to contact with tainted blood.
Blood transfusion is not a significant mode of transmisssion due to the fact that donor blood is screened for these viruses and tainted blood is discarded.
Rate this article.
New hepatitis viruses are still being identified.
Things you can do to help prevent Hepatitis:
The single most important defense is good hand hygiene.
If you are travelling and concerned about the hepatitis viruses, eat only cooked produce and meat and use bottled water for drinking and toothbrushing. Do not put ice in beverages unless you are sure it was made from boiled or bottled water. After proper hand hygiene, the next best thing is vaccination.
The latest virus to be named is hepatitis G transmitted by blood and body fluids and can possibly be found in all body tissues. Reports include patients who developed flulike symptoms for a limited period and recovered and patients that developed fulminant hepatitits and died. There is no vaccine against this type of hepatitis. Current treatment is symptom management and reducing hepatitis G titers.
You can also take your Fish Oil regularly to help your immune system to function properly if you come in contact with any of the hepatitis viruses. I like using the very best of everything, so I of course would recommend you using Dr. Barry Sears Omega Rx Fish Oil. Fish Oil will not prevent the viruses, but can possibly help your body and immune system to fight off the diseases, and or to recover from a bout of any of the hepatitis viruses.*
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Connie Limon publishes a FREE weekly newsletter. A professional newsletter with a focus upon health and wellness for you and your pets. Weekly coupons on shih tzu puppies and other products are offered to subscribers. Updates of available puppies. Sign up at: http://www.stainglassshihtzus.com
Pharmaceutical Grade Fish Oil
Fish Oil may be more important to your health and mental creativity than you realize, especially high doses of Fish Oil. To be able to take very high doses of Fish Oil you must choose a Fish Oil brand that is free of impurities and toxins. Do not buy your Fish Oil from health food stores or any type of store and take high doses. It most likely would make you ill. If you refuse to buy the best of Fish Oil and still buy what you find in department stores and health food stores, then please do take the low doses. In a low dose, however, you most likely will not reap the greater benefits that taking high doses of Fish Oil can give you. The choice is yours.
There is a very pure, without toxins, Fish Oil you can purchase. This would be a pharmaceutical-grade Fish Oil that has only recently become available. This is one reason why you have not heard about the miracle of high-dose Fish Oil. High dose Fish Oil can bring about dramatic results especially when taken along with meals that balance out your fats, proteins and carbohydrates to control insulin levels. In time the need for supplementation with high-dose Fish Oil will be recognized. The Fish Oil I am talking about in this article is available only through Dr. Barry Sears ZoneNet Distributors.
High-dose Fish Oil will change the views of medicine and especially the treatment and prevention of chronic disease, particularly neurological disorders in the very near future. High-dose fish oil has the power to take your mind to a much higher state while at the same time addressing our health concerns as we grow older. With high-dose Fish Oil we have an opportunity to reverse heart disease, cancer, diabetes, pain, dementia and even aging itself. You will be able to control your emotions and give your mind the opportunity to express the human creativity to its fullest. But now once again, I warn you, DO NOT TAKE HIGH-DOSES OF FISH OIL YOU FIND ON THE SHELVES AT WAL-MART, K-MART, OR ANY HEALTH FOOD STORE. The kind of Fish Oil you can take high doses of and reap the benefits I just mentioned is only available through a distributor.
Exercise regularly, balance out your fats, proteins and carbohydrates and take high doses of pharmaceutical-grade fish oil as a prescription for a longer, healthier and more creative life. Also, buy yourself a Shih Tzu.
Connie Limon publishes a FREE weekly newsletter. A professional newsletter with a focus upon health and wellness for you and your pets. Coupons for shih tzu puppies and other products are offered to subscribers. Updates of available puppies. Sign up at http://www.stainglassshihtzus.com
In the UK were a extremely fortunate to have a Healthcare system that is one of the best in the world. Despite the huge task that they are faced with, the National Health Service (NHS) performs its role extremely well.
New efficiency targets and standards of excellence have been set by the Labour Government since they came to office in 1997. There have been considerable improvements in the service generally. However, because of the sheer volume of people using the NHS, it is inevitable that not everyone will have a happy or positive experience.
The very fact that the NHS have tough targets to meet and a streamlined budget means that staff are constantly under pressure to perform and the law of averages dictates that mistakes will happen.
If you have been the victim of a medical error the law in the UK allows you to make a claim for clinical negligence against the health professional or local "Trust" that treated you.
You generally have 3 years to make your claim from the date of injury but this can be extended if you later learn of (or receive knowledge of) the injury following further medical advice. Limitation in this area can be complex and you are advised to seek a legal opinion on your circumstances even if the initial 3 year period is spent.
In order to pursue a claim, you must firstly have your case assessed by a clinical negligence lawyer. The Law Society of England & Wales have a select panel of lawyers / solicitors who are authorised to deal with these claims. The Clinical Negligence Panel is a very select group of specialist lawyers. You must ensure that any lawyer who you instruct to deal with your case is actually a member of the panel. This will provide you with an opportunity to receive the best possible advice and legal representation.
You will need to consider how best to "fund" your claim. This means that you will must deal with the question of how the legal costs in pursuing the action are to be paid for. There are a number of funding options because medical negligence claims are treated rather differently to accident related personal injury claims in the UK:
• You might be entitled to Public Funding (formerly "legal aid") which means that your costs and disbursements (expenses necessary to prove the claim) will be covered by agreement with the Legal Services Commission.
• You may opt for a "No win No fee" agreement with your solicitor. Here your legal representative agrees to act for you on the basis that they will only recover costs if / when they win your claim. You would be liable for payment of any disbursements and would need to insure against losing the case in court and having to repay defence costs.
• If you are a member of a Trade Union, there may be provisions within the benefits of your membership to pursue a claim without incurring costs.
• You may have a legal expenses insurance policy which will cover you for such a claim. These policies are commonplace with for example Home insurance policies in the UK.
• Finally you may wish to fund the claim privately by paying your lawyer on an hourly basis. Reasonable costs and disbursements would be recovered if you were successful in making your claim.
Once the funding issue has been dealt with, the next step involves assessing and proving liability. Very often it can take time to properly establish liability. This is because most cases are usually complex in nature and initial investigations need to be carried out in many cases. These investigations can involve reviewing the claimants medical records (GP notes etc) and asking the claimant to undergo a medical examination.
In order to win the case you must show that a "standard of care" was owed to the claimant by the defendant (medical professional) and that this standard was breached. You must then establish causation – in other words prove that injury or harm resulted from the breach.
It goes without saying that medical negligence claims are very complex and can take a long time to conclude. They are not run of the mill claims that can be dealt with by any lawyer. You need specialist legal assistance from day one and must be prepared to cooperate fully with your lawyer.
The levels of compensation can be substantial. This is mainly because the injury or harm in many cases can be severe and long lasting. If your claim succeeds you may be able to claim for future treatment costs, loss of earnings as well as pain and suffering.
If you have suffered injury in these circumstances, please contact an authorised lawyer for advice.
For more information about making a medical negligence claim in England & Wales, please visit our "Medical Claims UK" claims website.
This article has been written by Martin J Nolan who is a legal marketer for UK compensation lawyers offering free Medical negligence NHS compensation advice in the UK
Another Good Reason To Take Your Fish Oil
Two factors that has caused the spread of viral hepatitis around the world is:
It is much easier to fly to another continent in a matter of hours. We can eat fresh produce grown in countries all around the world.
These are just two reasons the hepatitis viruses have been able to spread more rapidly.
Hepatitis A and E are primarily spread via the fecal- oral route. Some outbreaks have been traced to tainted produce and poor sanitation practices by infected food service workers. Hepatitis A and E can also be spread by blood or sexual activity.
Hepatitis B, C, D and G are spread via blood and body fluid. People at risk would be those with multiple sexual partners, day care and health care workers, people who suffer needle-stick injuries from improperly disposed medical waste, people using recreational drugs, and people receiving tattoos and piercings. Even the sharing of a toothbrush or razor can lead to contact with tainted blood.
Blood transfusion is not a significant mode of transmisssion due to the fact that donor blood is screened for these viruses and tainted blood is discarded.
Rate this article.
New hepatitis viruses are still being identified.
Things you can do to help prevent Hepatitis:
The single most important defense is good hand hygiene.
If you are travelling and concerned about the hepatitis viruses, eat only cooked produce and meat and use bottled water for drinking and toothbrushing. Do not put ice in beverages unless you are sure it was made from boiled or bottled water. After proper hand hygiene, the next best thing is vaccination.
The latest virus to be named is hepatitis G transmitted by blood and body fluids and can possibly be found in all body tissues. Reports include patients who developed flulike symptoms for a limited period and recovered and patients that developed fulminant hepatitits and died. There is no vaccine against this type of hepatitis. Current treatment is symptom management and reducing hepatitis G titers.
You can also take your Fish Oil regularly to help your immune system to function properly if you come in contact with any of the hepatitis viruses. I like using the very best of everything, so I of course would recommend you using Dr. Barry Sears Omega Rx Fish Oil. Fish Oil will not prevent the viruses, but can possibly help your body and immune system to fight off the diseases, and or to recover from a bout of any of the hepatitis viruses.*
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Connie Limon publishes a FREE weekly newsletter. A professional newsletter with a focus upon health and wellness for you and your pets. Weekly coupons on shih tzu puppies and other products are offered to subscribers. Updates of available puppies. Sign up at: http://www.stainglassshihtzus.com
Pharmaceutical Grade Fish Oil
Fish Oil may be more important to your health and mental creativity than you realize, especially high doses of Fish Oil. To be able to take very high doses of Fish Oil you must choose a Fish Oil brand that is free of impurities and toxins. Do not buy your Fish Oil from health food stores or any type of store and take high doses. It most likely would make you ill. If you refuse to buy the best of Fish Oil and still buy what you find in department stores and health food stores, then please do take the low doses. In a low dose, however, you most likely will not reap the greater benefits that taking high doses of Fish Oil can give you. The choice is yours.
There is a very pure, without toxins, Fish Oil you can purchase. This would be a pharmaceutical-grade Fish Oil that has only recently become available. This is one reason why you have not heard about the miracle of high-dose Fish Oil. High dose Fish Oil can bring about dramatic results especially when taken along with meals that balance out your fats, proteins and carbohydrates to control insulin levels. In time the need for supplementation with high-dose Fish Oil will be recognized. The Fish Oil I am talking about in this article is available only through Dr. Barry Sears ZoneNet Distributors.
High-dose Fish Oil will change the views of medicine and especially the treatment and prevention of chronic disease, particularly neurological disorders in the very near future. High-dose fish oil has the power to take your mind to a much higher state while at the same time addressing our health concerns as we grow older. With high-dose Fish Oil we have an opportunity to reverse heart disease, cancer, diabetes, pain, dementia and even aging itself. You will be able to control your emotions and give your mind the opportunity to express the human creativity to its fullest. But now once again, I warn you, DO NOT TAKE HIGH-DOSES OF FISH OIL YOU FIND ON THE SHELVES AT WAL-MART, K-MART, OR ANY HEALTH FOOD STORE. The kind of Fish Oil you can take high doses of and reap the benefits I just mentioned is only available through a distributor.
Exercise regularly, balance out your fats, proteins and carbohydrates and take high doses of pharmaceutical-grade fish oil as a prescription for a longer, healthier and more creative life. Also, buy yourself a Shih Tzu.
Connie Limon publishes a FREE weekly newsletter. A professional newsletter with a focus upon health and wellness for you and your pets. Coupons for shih tzu puppies and other products are offered to subscribers. Updates of available puppies. Sign up at http://www.stainglassshihtzus.com