Why should victims of medical negligence settle for an apology?

We were recently made aware that some chiefs in the NHS believe that medical negligence victims should settle for an apology and nothing more. There was also a suggestion that many would.

It all comes down to cutting the legal costs that the NHS is facing; but denying a victim’s rights to fair and reflective justice is not the way forward for this. Many of these headlines burst from the press pages and they often paint the lawyers in the worst kind of light.

Here are some reasons as to why this theory of just saying sorry to a victim of medical negligence is fundamentally flawed.
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Use of medical reports in personal injury claims

Medical reports are often seen as absolutely vital when it comes to a personal injury claim. Most of the time, the medical report will form the very basis of your claim.

Your injuries and suffering, no matter how great, should be backed up by a medical report written by an expert to give an objective and impartial medical opinion. Courts are wary of claimants over exaggerating in order to claim more money, and the point of a medical report is to substantiate the injuries with a formal report from an approved expert.
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The Injury Lawyers settle University of Derby blood test and vaccination HIV scare cases

In April 2014, 606 former and current students at the University of Derby were ‘at risk’ of HIV after a health worker negligently reused syringe barrels when taking blood tests and conducting vaccinations.

An investigation was opened and led by NHS England after the nurse put hundreds of students at risk of HIV and other serious infections like hepatitis. Those 606 students were contacted for blood testing who received either blood tests and/or vaccinations between September 2005 and October 2013.
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Ian Paterson’s sentence increased from 15 to 20 years

Notorious breast surgeon, Ian Paterson, was sentenced to 15 years imprisonment in May 2017 for carrying out unnecessary and unapproved surgery on a number of patients. However, the Nottingham Court of Appeal found that his current sentence was “not sufficient” and have consequently increased his sentence from 15 years to 20 years.

The news has been welcomed by victims, many of whom have claimed or are claiming compensation as a result of his actions.

The prosecution in the case demonstrated the clear evidence of medical experts that confirmed that the work he carried out for some patients was totally unnecessary, and for others he had intentionally failed to follow protocol as part of what appeared to be some form of “experimental surgery” he was conducting.
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Demand for public inquiry over use of “dangerous” vaginal mesh implants

Senior medical experts are demanding a public enquiry be opened to investigate the use of vaginal mesh implants in the U.K.

The Guardian reports that a “significant proportion of patients have been left with traumatic complications”. We ourselves are involved in the legal actions for the use of vaginal mesh implants where things have gone wrong, so we’re no stranger to the issues at hand.

However, as problems continue to arise, the calls for more investigation and more action continue to grow.
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MHRA issues updated advice for metal-on-metal hip replacement patients

The Medicines and Healthcare products Regulatory Agency (MHRA) has issued updated advice for patients implanted with metal-on-metal hip replacements.

Concerns have been raised over the use of the metal-on-metal (MoM) implants for years following patients developing “progressive soft tissue reactions to the wear debris” that has been associated with the devices failing.

New and updated advice is calling for all U.K. patients to be recalled for screening and testing for device failure as a precaution.
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Hundreds of patients coming forward after rogue surgeon convicted of wounding with intent

The Injury Lawyers are investigating the issues surrounding Paterson’s convictions, and any victims who need our expert legal advice are welcome to approach us for help

Former renowned breast surgeon Ian Paterson was stripped of his title after he reportedly performed botched surgeries on potentially thousands of patients.

Following on from almost 10 years of investigations into his misconduct, Paterson was convicted late last month of causing harm with intent in numerous cases. Paterson was found to have performed unnecessary surgery and increased risks of cancer in some cases, and hundreds of patients are now coming forward to seek legal advice.
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Claims for falls in Hospital

Depending on a patient’s age, or any medical condition they may have, hospitals have a duty to ensure that risk assessments are carried out to properly care for the vulnerable, and those who are at risk of falling over.

A fall for a vulnerable patient can have serious consequences depending on their age and medical condition. In fact, they can ultimately lead to deaths…

Hospitals should have steps in place to ensure that the risk of a fall is minimal, and that they have done everything they can to ensure this. If they fail to do this, they can be rightly liable for a personal injury claim.
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Orthopaedic medical negligence compensation claims

Orthopaedics is commonly the treatment of bones, joints, tendons, muscles, ligaments, and cartilage. These are all elements that make up the musculoskeletal system.

Musculoskeletal injuries can affect anyone of any age, and can include:

• Spinal injuries
• Hip replacements
• Fractures
• Knee replacements
• Infections and bone tumours
• Conditions from birth

All treatment and operations carry risk, and while most treatments are successful, mistakes can be made due to human error which can have a detrimental effect on a person’s life by causing ongoing suffering.
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Amputation Injury Claims

Amputation injuries are, of course, very serious indeed.

As well as amputation from traumatic injury, medical amputation may be necessary from suffering a serious injury or a serious infection to allow for a better quality of life, or to prevent an infection spreading to the rest of the body and affecting your health. It can also be required to help control pain.

These types of claims require specialist injury lawyers like us who have lawyers used to representing amputee injury victims.
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