rss feed 
Medical Negligence Law

Implementation of Screening Policy ...

The family of 5 years baby has taken step for legal action against the hospital for the permanent disability caused by the brain damage. The baby, Dil...

Car Accident Claim

Carl Pistorius Faced Car Accident D...

Carl Pistorius, elder brother of Oscar Pistorius was arrested by the South African police with the allegation that he killed a woman in the traffic ac...

Professional Negligence2

High Court Decides Professional Med...

Jocelyn Dickoff was born in 2006 and when she was two or three weeks old, there was a lump appeared on her body. Her mother took her to the hospital f...

Work accident

Government Worries for Work Acciden...

There is continuously rising in the work related incidents in Zimbabwe which endanger the life of the workman and labor. The government is also worrie...

Medical Negligence Claims Expert Receives Inordinate Counts of Cases as Birth Injury Doubles

Jun. 06 All News, Medical Negligence no comments

Medical-Negligence.com presents records that say that the number of cases of birth injuries recorded over the last months has leapt to twice the count. If records from the past few years are fished, innumerable cases of women left with obstetric fistula and newborns with cerebral palsy will leave you baffled and numb. It is quite appalling to learn that a major portion of these cases have been caused by acts of negligence.

Even cases of textbook pregnancies have suffered mind-numbing cases of injuries that were least expected in such cases of normal delivery. The reasons found out behind those injuries are either sheer negligence of the gynaecologists and acts of omission. Though the injuries inflicted are hardly intention in any regard, they have caused the patient immense suffering nonetheless. For advice on medical negligence claims visit www.Medical-Negligence.com .

Women with perfectly normal pregnancy have left with obstetric injuries that left them either infertile for the rest of their lives or incapable of sexual intercourse, even years after the delivery. Such are the cases with mothers when the babies delivered are perfectly healthy. There are cases where the babies have suffered serious injuries on their cranium, ears and brain due to improper processes of delivery. However, worst are the cases in which both mothers and babies have undergone serious injuries when such pain and sufferings were totally undue in the given medical state.

The conflagration has recently received a lot of media attention with an alarming count of patients returning home with irreversible changes in their gynaecological construct of the mothers or life-time deformities in the newborns. In 2007, BBC aired a programme to spread awareness of the poor standards of the NHS maternity ward through Mid-Wives Undercover.

Medical Negligence ClaimWorse than injuries are the cases of stillbirths. In the recent past, the company has handled lawsuits with accusations of fallen standard of child and mother care in hospitals that have led to maximum birth injuries and miscarriages.

People bereft of an abundance of wealth usually turn to hospitals for normal cases of child birth. It is imaginable what level of discouragement for the future mothers and resentment for the victims this piece of news has generated. The fallen standard of care rendered in the maternity wing of the city hospitals can be estimated from the fact that millions has been given out from the hospital funds in order to compensate the thousands of victims who have suffered maternity negligence.

The company is efficiently handling those cases through the panel of solicitors dedicated to represent the victims to derive the right amount of compensation. Amount of disbursement claimed for lifetime impairment of children or mothers is big and is given in form of a perpetual allowance as long as the victims live. Since the problems sustained in such cases are not an issue of a day, the victims are to be properly represented with a well-formulated case so that maximum compensation for such dreadful consequences can be derived for a continual support.

Implementation of Screening Policy Avoid Loss to Baby

Jun. 19 All News, Medical Negligence no comments

Medical Negligence LawThe family of 5 years baby has taken step for legal action against the hospital for the permanent disability caused by the brain damage. The baby, Dilraj Singh was born five years before in the hospital and the hospital administration did not care for the new born baby and he was suffered from jaundice in the days after his birth. The disease was developed and it resulted into cerebral palsy. This disease suffered the brain of the baby boy and he left disabled permanently. The mother of the patient was of the view that the midwives did not provide medical treatment to the baby on time which resulted into acute brain damage and this condition was done by the jaundice.

The brain damage appeared in such type that the baby reached to the age of 5 years but he cannot speak and his hearing & sight is also affected as he suffers from cerebral palsy. The baby is unable to look after him or does his work without support. He needs continuous care so his mother had to resign from her service as there was none to look after her son. To meet the financial expenses of her son and money incurred on the treatment of her son, mother of baby, Urvashi decided to file the case against the concerned staff of Central Manchester Hospitals. In her claim, she mentioned that she gave birth a baby boy at Salford Royal Hospital in March 2008 and at the time of birth, her son was healthy and sound.

In the presence of screening policy of the babies at the time of their birth should be adhered but in this case, this screening policy was not implemented. This screening policy was formulated to avoid the tragedies to the newly babies. The hospital staff was responsible for this negligence for not implanting this rule.

She also mentioned in her compensation claim that after some days she went to the Trafford General Hospital for the check of her son. Central Manchester Hospitals makes arrangements for Trafford General Hospital. The baby was checked and he was diagnosed with the complaint of Jaundice. The condition of the baby boy was not good and the parents of the baby boy took him to the Salford Royal Hospital for the treatment and the transfusion of the blood. This is the standard treatment of this disease, which is provided to the patient. The disease was diagnosed at very late stage and before the treatment was provided to the baby boy, his condition became worse and he suffered from cerebral palsy which resulted into unable to speak and her sight becomes weak as well as affected the hearing also.

Mother of the child was of the view that midwives should provide medical treatment to the baby when they notice the signs of the disease as midwives are considered very active in their jobs. The court gave the verdict that screening policy has already governed in hospital to avoid the babies from becoming patients. Laws and rules are formulated to save the lives of the patients and policies should be strictly adhered in the hospitals.

Carl Pistorius Faced Car Accident Death Case

Jun. 18 All News, Car Accident Claims no comments

Carl Pistorius, elder brother of Oscar Pistorius was arrested by the South African police with the allegation that he killed a woman in the traffic accident about five year ago. His younger brother was released by the court two days before this incident. The sources of family denied to accept the responsibility of the incidence and said that he was innocent and they would sue in the court in his favour. The family also confirmed that Carl was appeared before the judge in this case and the court ordered him to appear again before the court.Car Accident ClaimPresently he is staying in his uncle’s home and he is continuously attending the court to face the allegations fabricated against him. The e-News Channel has broken up the news for the arrest of Carl Pictorius with the charge of murder of model, Reeva in an accident on February 14. The family of Carl has announced that they will sue the case in the court. The police suspected that the accident has been taken place as he was drunk but the lab report of his blood proved that the allegation of drinking was baseless. It was simple road accident in which model, Reeva struck against his car and she was died on the spot.

Oscar Pistorius participated in the London Special Olympics and he also qualified for the semi final of 400 meters. He was born with the defect that there were no bones in his lower legs. This deficiency of bones in his lower legs led him to set the amputation and blades prepared with carbon fiber. He has his own motor car in which he moves from one place to other. His elder brother, Carl, who is physically normal and he drove the car on that day, collided with a woman, which resulted into her death. The police got the case registered against him and arrested him in this case.

When the case started in the court, the police presented all necessary documents and investigation report with finding of the accident. The court examined the case and ordered the opposing lawyer for his statement on this case. The heirs of the deceased woman were also presented in the court with the claim that the accident has been happened by the mistake of the driver. It is their right to file the case in their favor and sue for the justice as well as claim for the negligence of the driver in the particular accident. The documents were not supported their claim as enough evidences were missed in this case.

It is also reported that the father of the deceased woman said in the court through his lawyer that if Carl Pistorius told the whole truth of this tragic incident in the court then he might thinking to forgive him and he also took back the case of his compensation claim for the death of his daughter. The lawyer of Carl Pistorius claimed that he wanted to misguide them and wanted some undue favor in this way as they could not prove their case in the court in the absence of enough evidences.

High Court Decides Professional Medical Negligence Claim

Jun. 15 All News, Professional Negligence no comments

Professional Negligence2Jocelyn Dickoff was born in 2006 and when she was two or three weeks old, there was a lump appeared on her body. Her mother took her to the hospital for necessary medical checkup. The doctor failed to diagnose the problems and he provided normal medical treatment to the baby girl. The treatment was not responded and the condition of the girl became worse rather than got better. That lump was grown larger and it developed into an aggressive cancer in the childhood. The parents of the baby, Joe and Kayla Dickhoff filed the case in the Supreme Court in Minnisota after the doctor for his professional medical negligence. The case was filed in the court on the basis of the medical negligence as the doctor was failed to diagnose the disease of the patients which was developed with the time and it became dangerous.

Supreme Court gave the ruling on the case redefining the rights of the patients that they can file the case in the court of law for recovery of damages done to the patient by the medical professionals. To oppose the case, the attorney said that the case can be filed in the court if there is loss of chance to the patients done during the medical treatment. Such claims increased the danger of impact on the personalities of doctors as they are committing large number of medical malpractices while carrying out their duties.

Now the girl has grown up to 6 years old and her parents had spent time to indulge in the court case. The court decided the case with 3-2 majority and the case has been sent to the County District Court and the parents of the baby girl filed the case for medical compensation to the patient against Dr Rachel Tollefsrud. It was claimed in the medical compensation case that the said doctor was failed to diagnose cancer and he did not check the patient properly. Resultantly, the cancer spread other parts of the body and endangers the life of the baby girl. The negligence of the doctor results into ‘loss of chance’ of the survival of the patient.

The opposing lawyer said that the legal boundaries of the case are not based on the fact. The damage or death done to the patient is not necessary happened due to the negligence of the doctors. He also said that there are some facts, which are out of reach of human being and he cannot have control over them. He also demanded with the court that they should conduct the rehearing of the case. He also said that such decisions can affect the medical professionals to carrying on checking of the patients as these cases will create problems for them. The court heard the case thoroughly and investigated all documents and report. After listening the evidences and arguments of both parties, the court decided the case in the favor of baby girl, who become victim of the negligence of the doctor. The court has also decided that the compensation claim will be calculated under the provision of rules and regulations for the compensation and damages done by this professional negligence.

Government Worries for Work Accidents

Jun. 14 All News, Work Accidents no comments

Work accidentThere is continuously rising in the work related incidents in Zimbabwe which endanger the life of the workman and labor. The government is also worried a\t this situation that how can these accidents related to work be stopped or curtailed to minimum extent. The government has also conducted a survey of the first four months of this year and report to this effect states that there are about 140 casualties happened and about 1867 people were injured in these incidents. If we compared these figures with the last year same period figure, then we find that there were 35 casualties and 1607 people got serious injuries.

A government official said that it is need of the hour to create awareness among people on the safety and occupational health issues. The government is also worried that the environment in the factories and other work places is also not good for the health of the labor, which tells upon their health which is becoming serious issue day by day. The government and other institutions should take concrete steps to avoid these health worsening situations at the work places. People go to their work places happily and with hopes but they return back with helpless heart and mind as the working conditions are not ideal and they also face different problems which endanger their lives. The work conditions tell upon their health and they become sick and hospitalize some times.

The education level in the schools is very low and training is also not given to the workers to perform their particular duties. Most of the times, factories do not adopt the precautionary measures in order to avoid accidents. The factory owners or other related departments do not give training to the labors for the safety of their lives. They can make mistakes which resulted in to mishap and they can lose their lives or limbs. Recently there was an accident happened in the surrounding area of Zimbabwe capital, Harare. The chemical factory claimed three lives, when some labors were dealing with the chemical. In this tragic accident, while supplying chemical to other entrepreneurs, the chemical caught fire quickly. The flames of the fire were very high and the labor ran to save their lives but unfortunately some labors caught fire. Fire extinguishing equipment were also not available at that time and now arrangement was there to throw water over the fire. About three labors were died and 34 were injured. Some were in very critical condition and they were shifted to the hospital.

The labors made protest against this incident and they raised slogans in their favor to claim compensation claim for their fellow labors. The labors refused to resume their duties and declared that they would be on strike till their demands could not be met. When the situation became intense, then the case was taken to the court for justice. The court investigated the case thoroughly and examined the whole proofs and held the factory owners responsible for this tragic incident as they failed to provide safety measures to the labors which resulted into the loss of three labor and 34 injured. The court set up a committee to calculate the compensation claim keeping in view the injuries and death of the labors.

£1 Million Claim for Botched Tooth Extraction

Jun. 13 All News, Professional Negligence no comments

Professional NegligenceThe court has ordered for the payment of compensation claim to the person, whose tooth was extracted but he faced the critical situation of oxygen. The court accorded approval for the payment of about 1 million to the affected boys who is just 6 years old. The doctors or medical staff of the hospital was failed to provide oxygen to the patient at the time of extraction of his tooth which resulted into serious damage to his brain.

Now this man has been grew to 22 years old was admitted in the hospital with the complaint of pain in the tooth and doctors prescribed him an operation as the tooth was deep rooted and it was not possible for them to root out from his gum in the normal way. So he was operated under the general condition of anaesthetic at the health care center located in Workington. When his operation was being carried out, then he felt severe cardiac arrest and he felt problems in breathing. He also felt other serious problem of non provision of oxygen during the operation process which leads to some acute behavioral problems. Due to his disturbed mental position, he was expelled from the school because of his rude behavior and also faced problems while dealing with police. He was handled by the police various times on the complaint of theft, driving mistakes and arson.

This ill behavior with other person made his reputation bad and he became rude with other and nobody or department is willing to provide him job. So he depends on these ill activities to meet his financial requirements. The parents of the patient felt various troubles while handling him due to his erratic behavior. The patient claimed for the compensation claim for the ill treatment provided by the medical staff of the North Cumbria Acute Hospital. In his compensation claim, he claimed that the medical staff failed to provide him oxygen which created some mental problems for him. The court considered his case for his resuscitation during operation, which caused respiratory problems. The court also ordered to provide necessary medical documents and lab reports supporting his claim for compensation, which proved that he became the victim of the medical negligence. The court investigated the case thoroughly from different aspects and ordered for inquiry after considering his claim correct for claiming of compensation.

After the inquiry report of the compensation claim, the court ordered for the payment of about £1 million. The court also passed the verdict that these amounts cannot be the right replacement of someone’s mistakes to the patients or the constant damage done with the victim. But this amount can relieve them from their financial worries. This claim can curtail their problem to some extent and help them to make better the quality of their lives. Similarly, in the traffic accident cases, if the responsibility is not fixed with the driver, but compensation claim can be claimed against the driver by his parents so that they can relieve their difficulties as a result of this accident.

Tragic Accidents Left Two Dead Several Injured

Jun. 12 All News, Car Accident Claims no comments

webcrash_fct1024x630x53_t460A horrible accident was happened between a car and a road train which resulted into death of 2 people and other people injured. The police and other emergency services reached on the spot and they rescued the injured people and drawn out the dead bodies of two people.

According to the report, on June 02, 2013 at about 2:40 pm, the accident between the car and the heavy truck was occurred on the Warrego highway 15 kilometers in the east of Dalby. The truck was driven on the right direction when a speedy car ran from the wrong side of the road and it came in front of the truck. The truck driver tried to apply the brakes but it was getting late and he could not control the vehicle. The car driver was also failed to save it and carried out the car away from the truck. As a result, the car collided with the truck and was crush badly when it was dragged by the heavy truck. This horrible collision left two persons dead, including car driver and the passenger sitting beside him. The people sitting on the rear seat were injured and they did not become target of the heavy wheels of the truck but they received serious injuries.

Soon after the happening of tragic traffic accident, the city traffic police of Dalby and rescue emergency providers were called for rescuing the injured people and drawing out deal people as well as restoring the traffic system. The injured persons were shifted to the Dalby hospital. There were two other men having ages of 36 and 46, shifted to hospital in which one received critical injuries and the other two were out of danger. But the truck driver was safe and the car was brutally crashed in this accident. The heavy was also become out of order and it was moved from the accident place with heavy crane.

Due to this fatal accident happened on the road and traffic was blocked, another traffic accident was occurred some 100 meters away from the spot. In this accident, a car towing the caravan struck against it, which caused two persons injured. The rescue service was provided to the two persons, including husband and wife, both were above 60 years age, got injured. Then they were also shifted to the hospital. The traffic police could not get the road cleared from the accidental vehicles which created problems in normal traffic.

It is cleared that the accident was occurred due to negligence of the car driver who was died in this accident. According to the laws, the passengers of car are not eligible to make a claim for compensation against truck driver or other person as the car driver committed this accident. It will also be very difficult to prove in the court that it was the mistake of the truck driver. In the car accident case or compensation claim, you will have to provide the documents and proofs in the court to prove the mistake of the responsible person.

HC Awarded £5 Million to Teenager for Brain Injury as Compensation

Jun. 11 All News, Professional Negligence no comments

brain injuryA teenager has been awarded with compensation of £5 million for her brain injury occurred at the time of her birth. The compensation claim has been approved by the High Court after going through the medical compensation claim.

Lucie Ross, who is now 14 years of age, has filed the case against the staff of hospital for the problem which she faced at the time of her birth. It is reported that her mother got admitted in the Bedford Hospital, NHS Trust at the time of birth of her female child. She was taken to the labor room and necessary medical care was provided to her. During the process of birth of child, the head of the baby was delivered but unfortunately the body of the baby was stuck for long time. The emergency was called for the help and the case was reported to the senior specialist doctor to relieve from the serious and dangerous situation immediately. But the senior doctor, pediatrician was failed to reach on time and it get delayed for next 15 minutes.

The senior doctor reached into the emergency room after 15 minutes and provided necessary medical help to the mother of the child for giving birth. The late coming of the specialist resulted into delay in the provision of medical help to the mother of the child. The doctor opted that the late occurred in this situation is not on her part but it is done due to locking of the security door of the maternity unit of the hospital. This abnormal delay in reaching of the specialist doctor resulted into personal injuries to the baby and cerebral palsy developed in to the baby which damaged her brain. The ten minutes delay in the arriving of the doctor ruined her entire life and she brought up with mental distortion and now she is wholly dependent of her mother for the rest of her whole life.

The victim, Lucie Ross filed the case in the High Court for the medical compensation due to neglect of doctors and this negligence resulted into her mental distortion for the rest of her life. The medical reports and all connected documents were produced in the High Court for the perusal of the judge. The case was investigated in the court and the judge heard the evidences of all concerned medical staff of the hospital. The court was of the view that if the security door was not locked then doctor could reach to the patient on time and the injuries done with the patients could be avoided.

Now the affected person has filed the case against the administration of the hospital keeping in view that the poor management and fault of security system of Bradford Hospital NHS Trust has ruined her life and now the court approved the compensation claim to mitigate her physical and financial losses. High Court has decided that it was the negligence on the part of Hospital and they approved the claim for £1.5 million as a lump sum and index payment of £126,500 million a year, which will be increased to £177,500 million when the young girl reached to the age of 18 years.

Compensation of €600,000 Approved to Woman for Personal Injuries from Symphysiotomy Procedure

Jun. 11 All News, Personal Injury no comments

personal injusryHigh Court has given order for the compensation claim of €600,000.00 for the suffering and personal injuries to the woman. It was investigated that the said woman was not diagnosed well and the wrong prescription of medicine as well as failing in diagnosis caused serious troubles in her life.

It is reported that the woman came to hospital for her treatment and she was underwent in the procedure of symphysiotomy at the Lourdes Hospital Drogheda. The hospital staff carried out the procedure of symphysiotomy and they did not care for the condition of the patient. The staff also made the mistake of considerable personal injuries and they did not diagnose the state of Symphysis Pubis Dysfunction and they complete the process. This negligence caused serious problems for her life.

The hospital staff carried out this process of the woman, who came from Navan. After this process, the woman would go to give birth her second baby. The woman told that she was suffered this problems since long and she felt uneasy for her problem and she felt pain while executing her works at home. Such injuries led to fibromyalgia and then felt pain in her joints and muscles in her body. To remove or forgetting these problems or pains, she used to drink heavily but it resulted into end of her conjugal life. She got depressed and suffered from various problems or diseases. Then she decided to undertake her surgery first in 2004 and again in 2007. This surgery helped her to get rid of the pains in the muscle and in the joints and she regained her health. Then on the advice of her doctor, she got fitted the spinal cord stimulator and she got well after that.

She decided to file a case against the staff of the hospital for the wrong diagnosis of the disease and filed to provide correct treatment of the patient. The proceeding of the case carried out in the court and during this course the judge gave the verdict against the hospital staff that they were failed to provide necessary medical treatment to the patients. The judge examined the medical certificate and documents along with necessary lab reports and came to the conclusion that the hospital staff made the serious mistake while handling the patient and they did not take care of Symphysis Pubis Dysfunction while performing the procedure of symphysiotomy. This negligence caused constant pain in the muscles and joints of the patient and after that she had to undertake her surgery.

The woman filed the case in the court for the compensation claim for the sufferings and pains; she has felt as well as the financial losses being incurred on her treatment. The court has ordered the hospital staff for the payment of compensation claim for €600,000.00. The court accorded the compensation claim for the complains of suffering in the pelvic area of the patient and hospital has also provided the substandard care to the patient which resulted into their psychological and physical injuries.

Indian surgeon faces trial over medical negligence in Australia

Jun. 04 All News, Medical Negligence, Professional Negligence no comments

Indian-origin-d10580

An Indian origin surgeon was put blame on him that he was involved in the medical negligence case as he damaged a patient physically. The prosecutor has filed the case in the Australian court for the grievances, the patients received from the doctor. It is reported that the heir of the patient filed a case in the court of state of Queensland, Australia and requested with the court for the legal trial of Jayant Patel. The case has been filed in the court of chief judge of Brisbane.

Jayant Patel has been performing his duties as a doctor in Bundaberg Base Hospital, Queensland. A 65 years old patient, Ian Rodney Vowels was brought in the hospital, which was treated badly which causes grievances to him. He was charged that he removed the colon of the patients unreasonably in 2004.

It is also reported that Dr Jayant Patel was posted there since long and his tenure at the hospital became illegal. During his duties there in the hospital, some controversial activities were also noticed. He was charged there for wrong dealing and treating of the patients. When his record of staying at the hospital was checked then it was found that during his period from 2003 to 2005, about 80 deaths were reported and unfortunately all these deaths were associated with the Dr. Patel. There were about 30 other patients who got admitted in the hospital and were in his personal care or he diagnosed their disease and these patients also died. Such huge numbers of patients were died and the charge of their death was also put on this doctor.

The case were reported against the doctors in the courts and allegations were also framed against the doctors with complete medical reports and lab tests of the patients, who died in his personal care in the hospital when he was performing his duties there. The chief judge of Brisbane orders for his trial and the proceedings were started against him. The court decided to start the proceedings of the cases against him in late September as this case was heard in April last year and found that he was alleged in the death of the patients and gave them physically hurt. With the decision of the court the case was started against Dr Patel in the week starting from September 23, 2012.

When the case started against the doctor during September 2012, the court ordered to bring all necessary documents and medical record of the deceased patients in the court, who died during his tenure at the hospital from 2003 to 2005. The court was informed that there were 80 deaths which were linked to him as he neglected in his duties and failed to provide medical treatment to the patients and there were 30 other patients who were directly under his medical care. The doctor left for Portland, Oregon in USA for his duties but he has been detained in Australia as the proceeding of the case are being carried out against him. After the decision of the court, his fate will be decided that what to do with the doctor.