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Medical Negligence
Medical Negligence - Members of the public
Our expertise includes negligence by GPs, NHS Hospitals, Private Hospitals, Surgeons, Nurses, Physiotherapists, Osteopaths, District/Community Nurses and Radiologists.
Healthcare professionals owe patients a duty of care. Medical Negligence occurs when a healthcare professional or organisation (NHS Hospital or Private hospital) fails to provide you with care at an appropriate standard.
To be negligent, the substandard care must cause an injury, pain, suffering or avoidable harm/not make the injury worse.
Examples of medical negligence include:
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Birth Injury/Cerebral Palsy;
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Brain Injury/mild Traumatic Brain Injury;
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Cancer;
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Chronic Pain, Complex Regional Pain Syndrome (CRPS),
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Compartment Syndrome/Amputation;
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Consent – failure to obtain your informed consent for treatment or surgery;
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Delay in diagnosis/treatment of an injury or illness;
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Ear, Nose & Throat, ENT;
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Fatal claims and Death arising from medical negligence;
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Haematology (Blood – Strokes/DVT/Clots);
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Hearing – e.g. incorrect diagnosis of or treatment of tinnitus for example;
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Mental Health/PTSD/Suicide/Inquests;
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Obstetrics & Gynaecology – (pregnancy, labour, birth, IVF, surrogacy);
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Ophthalmic Injuries (Eyes - cataract/laser surgery);
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Orthopaedic Injuries (Bones – wrists, arms, legs, spine, hips, spine, chest);
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Paediatrics – Children;
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Pressure Sores/ulcers;
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Radiology (Imaging – x-rays, CT scans, MRI and failure to correctly interpret or identify an illness/injury);
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Urology – Urinary tract and reproductive organs;
Types of Medical Negligence:
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Errors during surgery;
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Wrong treatment or medication – incorrect surgery, treatment or medication;
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Delayed diagnosis – not reaching a diagnosis causing additional/avoidable pain and suffering or leading to a worse outcome;
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Misdiagnosis – being diagnoses with the wrong or no diagnosis for your injury/illness;
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Consent – receiving treatment without being told of the risks and/or without your informed consent;
Armed Forces Medical Negligence
Our specialist expertise covers the Army, Royal Navy, Royal Air Force, Royal Marines Commando, Special Forces and Reservists.
We are one of the very few firms in the country that specialises in medical negligence in the military medical services. We have built up our knowledge of military occupational health matters, procedures and career structures over 30 years, and so are able to provide support for our serving and veteran clients that is second to none.
Medical Negligence is when a healthcare professional enlisted in the military, or is acting on behalf of the military, fails to provide an acceptable level of care, causing or contributing to an injury, illness, or loss.
This can include failing to refer for specialist opinion, failure to refer for investigations (tests, scans) giving the wrong treatment and making the injury worse misdiagnosis (treating the wrong injury) and a delay in a diagnosis of the correct injury/illness (e.g. cancer causing the illness to become terminal as opposed treatable and not terminal).
The fault may be that of a Medic, Medical Officer, Surgeon, Physiotherapist, Occupational Therapist, failing to properly grade, deploying you on exercises or operations when you ought not to have been.
There may be a cross over in your care between military and civilian healthcare professionals, but this does not prevent you bringing a claim and includes care provided whilst based overseas.
A claim for medical negligence may be made in addition to a claim under the Armed Forces Compensation Scheme (AFCS). You can still make a claim even if you receive an award under the AFCS and receive additional compensation not available under the AFCS tariffs.
If you are a family member of a service person, and receive your care by a military healthcare professional, you are still owed you a duty of care to ensure the treatment you receive meets an acceptable standard of care and may also have a claim.
We understand the divided loyalties you may feel in bring a claim against the military, especially whilst still serving, but any claim is dealt with outside of your Chain of Command.
As military specialists, we fully understand the impact and emotions involved in bringing a clinical negligence you may have, not just on yourself, but also the impact this has on your family especially should you be unable to carry out your duties or may be discharged and the financial uncertainty this brings when transferring to civilian life and the challenges that brings.
Success stories
£1.5 million settlement for British Army Officer who lost his career
Hilary Meredith Solicitors acted for a British Army Officer in his claim against an NHS Trust.
Our client’s case was that there was a failure to diagnose and/or properly treat his Compartment Syndrome. As a result, he required a below knee amputation and the loss of his career. Case settled for £1.5 million.
£1 million DVT settlement
Hilary Meredith Solicitors acted for a client who suffered a recurrence of DVT in his leg after the MoD failed to follow or communicate the advice of the specialist haematologist. Our client was discharged from the army as a result and requires life-long treatment with anticoagulants. Case settled for £1 million taking into account lump sum and annual payments for life.
Loss of career - £500,000
Hilary Meredith Solicitors acted for a client in a claim against the Ministry of Defence and an NHS Trust.
Our client was serving in the military and originally diagnosed with cancer in 2010, and so he underwent CT imaging as part of his treatment.
There was a failure to diagnose avascular necrosis in the client’s hips when he was under oncological care. There should have been a referral to an orthopaedic surgeon. There were a series of delays in the diagnosis resulting in our client now having to complete delayed bilateral hip surgery, that has left him/will leave him significantly disabled in the long term and he has lost his military career. Settled for £500,000 net of benefits.
Why Choose Hilary Meredith Solicitors
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Specialist legal knowledge
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A sensitive and understanding approach to our clients
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A tough but persuasive relationship with our opponents
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Dedication to getting you the very best deal, so you can move on with all the support you need
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A down-to-earth and compassionate understanding of how an injury affects day-to-day living
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A commitment to rehabilitation
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Experience in choosing and working with the right medical experts
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A reputation that attracts the very best barristers to work with us
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An imaginative approach, so that we can see success in cases other solicitors may not accept
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A network of supporting organisations so we you won’t be left alone, ever
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No win no fee