rss feed 

Category: Medical Negligence

Medical Negligence and Negligence at Care Homes Claims

Even talking about care homes to an elderly relative can be daunting. Even the word ‘home’ can give a sense of insecurity and impending fear.  Family’s agonise on a daily basis whether the right decision and the best way forward is a care home for an elderly person. Often families have the decisions taking out of their hands when the relative is ill and needs constant care. Families find that when the decision is taken from them it’s much easier. For free advice on care home claims you can visit medical negligence assist.

Deciding to put an elderly relative into a care home

So actually deciding to put an elderly relatively in to a care or nursing home can be one of the most difficult decisions you can make.  Making the actual decision can be the hardest part because family members are never really sure when the right time is and are often scared whether they have done it too soon or even too late for the person to integrate properly . It is always vital that if possible everybody has a say that way anyone else’s fears can be talked over and solutions found.

Claim Against A Care Home

Choosing the correct care home

After the initial decision to place an elderly relative into a care home has been decided the next tough task is picking the most suitable care home to match the needs of a loved one.  It maybe that the person just wants more independence and shelter accommodation is preferred or it could be the case that 24hr care is needed or specialist care. Deciding which care home must be dedicated to the persons needs and both care givers and elderly person must feel completely comfortable and secure with the surroundings.

Negligence in the care home

Often one of the main and most daunting subjects that people agonise over is the negligence that happens in care homes. It is no secret that many care homes have fell below standard in their care and management of their occupiers.  When the standard falls it is always the residents that suffer, their safety and welfare come into question.  Standards of the staff usually fall due to lack of skills, man power and training and such substandard care can lead to;

·         Pressure sores

·         Medication and prescription errors

·         Patient supervision errors

·         Diagnosis and treatment  delays

·         Dehydration errors

Many of these negligent acts have been brought up in a court of law as many residents and family members have fell victim to these acts and errors and have gone forth to make medical negligence claims. It is possible for the relative to make a claim of negligence if the victim is not in a capable state. They can claim for compensation on their behalf.  It is always important to be aware of the signs of negligence so that they can be prevented at the early possible moment stopping them in their tracks as soon as possible. Warning signs can be both physical and mental. The resident may have bruises and sores that are unusual for that person or they may come withdrawn and nervous. Any unusual signs should always be taken seriously.For more info visit

Domestic Abuse Affecters Seek Help from Glasgow Health Board Policy

Negligence LawMost of the female have to face very odd situation at their homes, which has been created mostly by their husbands or fewer from their fathers or brothers. Some of them have courage to approach to the court for want of justice and in some cases, they bear the situation and do not ask for the justice. Various organizations and NGOs have appeared to settle these problems and about all governments of the countries adopted various plans and policies to uproot these odd behaviors and save the women from injustice and cruelty of men.

Recently, the health board of Scotland has formulated a policy which will work for the betterment of the female staff to avoid the domestic sufferings and pains, which is being done with them at their homes. The organization like NHS Greater Glasgow and Clyde has prepared some guidelines for their managers to follow it. These guidelines help them in the identification and support of the staff, which are already facing such problems. The study shows that one in five female staff members is facing the domestic abuse and Scottish government as well as women are supporting this approach to settle these problems. A campaign was launched to support the staff in which one participant has revealed that she also became victim of the cruelty and unjust behavior of her husband.

A visitor of Glasgow health center, who is now 59 years old, got married at the age of 16 years. She revealed that she suffered the physical, sexual and verbal pains for 26 years. She faced the cruel situation of injuries being received on her nose and her head was also split open. She got her treatment in the hospital and she did not show what had happened with her. Most of the women do not leave this relationship due to various reasons. Some of them sustain this relationship due to fear and embarrassment and they do not tell anything in their family especially with their parents. They want to protect the relationship and do not want to disturb their parents and other family members and tell her friends and colleague that everything is going well.

Some of the women want to carry on education of their children as separation will result into creating disturbances in their lives and affecting the education of their babies. In the developing countries, the situation is worse as the execution of legal formalities in such cases is not carried out. One of the affected women, Ms Garrity shared her horrible story with another health visitor. She started saving money from her income so that she can buy a flat but it took long time to gather sufficient amount for her purpose. Finally she bought a flat and she sighed of relief to come out of the cruel environment, where she lost precious years of her life. She said that such policies are useful for other women as this policy will support these domestic abuse affected women to get help and support and come out of the cruel life with unkind persons.

Source :  BBC

Effective Legislation for Control over Gender Base Violence

Medical Negligence LawGender-based violence is also known as GBV and this violence is caused for the epidemic disease of HIV, which is great threat for the human being. This GBV is an important source of the human rights violation in Southern and Eastern Africa. The combination of structural violence and intimate partner violence provide the vast approach for the human rights which was resulted into the gender based violence. National Strategic Plans are designed for the AIDS and HIV which shape the business, government, donors and the responses of NGOs to the HIV programs in the country. If these will not deal with properly in the hospital then doctors will also responsible for their medical negligence.

HIV and AIDS are spreading quickly in the Southern and Eastern Africa and the main cause of its spreading is the contribution of gender based violence. It is important to provide basic information or awareness to the common people that intimate partner violence is creating threat to the diseases of HIV and AIDS. National Strategic Plans is working with their policies and intervening programs for the AIDS and HIV for the reduction of the threat of GBV. The HIV plus women should be provided proper medical treatment as the timely treatment of the women can save their lives as well as other people otherwise it will be dealt with under the laws of medical negligence.

Initially, GBV was not considered the relationship with the human rights and its violence was not considered fatal. The Beijing Declaration and Platform for Action in 1995 gave this violence a new direction and GBV was included in the violation of human rights. The discrimination behavior with women was considered violence and the need to deal with this violence was considered at that time. Some international legislation like Protocol of African Charter on the Rights of Human and People on rights of women in Africa gave strong perception for the violence against women is actually violence against human rights. United Nations has also passed the resolution in the Convention on Elimination of All kinds of Discrimination against women which shows the gender based abuse in any kind of violence like sexual, physical or psychological harm or torment against women in the shape of deprivation of liberty, arbitrary and coercion in the private or public life.

When the violence against women was increased then the relationship with the violence and violation of human rights was sought to address the ever-increasing threat of HIV and AIDS. It also reveals through various reports that the women who become target of intimate partner violence, are likely to be HIV positive. In the intimate partner violence cases, women have to face various threats including physical, sexual and emotional abuse. The women with HIV positive become increase in danger of structural violence to vast extent because of the relationships with the gender. Another kind of violation is the coerced and enforced sterilization of women having HIV positive and poor treatment of the women during their delivery and criminal transmission of HIV. The women with HIV positive will have to face problems to get the effective treatment and careful services being provided to her and it expose the women to the institutional violence.

Implementation of Screening Policy Avoid Loss to Baby

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.

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

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.

Indian surgeon faces trial over medical negligence in Australia


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.

Command over Negligence and Personal Injury Law


It is very cumbersome to understand the negligence or personal injury law and it is very difficult to comprehend it fully that what is the personal injury or negligence law and litigation. All highly qualified and experienced solicitors, who have adequate knowledge about the litigation of personal injury or medical negligence, can know the right status of the law. The medical negligence of injury is of different nature and type which includes negligence done by doctors or hospital staff, work accidents, poisoning due to food, head injury, vehicle accident and danger of product are considered the injuries or negligence. The solicitors collect all essential proofs and documents leading to the medical negligence or injury to make their case strong in the court and they also help the victims lodge the claim for the compensation in the court. The court considers the claim keeping in view all necessary information and proofs and accord the claim in favor of the victim.

In the personal injury cases, the injured or affected people have to provide all necessary information and report to the police authority along with the police findings of the accident with thorough investigation, so that they can make their case strong in the court. The solicitors depend on these basic information and allied reports to argue in the court in the favour of their clients. The victims should keep in their mind while selecting the perfect and professional solicitors to file the compensation case in the court. The solid proofs and reports along with comprehensive investigation will convince the court to consider this case and accord the compensation claim in favour of the victim. If your solicitor is well acquainted with your case and have enough documentary proofs then he may fight well for your right and get the compensation claim and if you choose the solicitor, who is not professional and has lack of knowledge about the compensation law, then he will not argue with the court over your claim and you may have to face a defeat and lose the compensation claim.

When the court accords necessary approval of your compensation claim, then the judge orders for the calculation of the compensation claim. The judge can calculate the compensation himself or he constitutes a jury for the calculation of the compensation of the case. The judge or the jury can calculate the compensation of the claim keeping in view the necessary expenses, which the victim has to pay like medical expenses, the medicines and loss of job due to his injury. The judge or jury can recommend that after some time, this case will he heard again and at that time, the court will look over the physical and mental position of the victims and work out the loss done to him. If the victim has been injured for the rest of his life then he will be given the compensation permanently. In this situation, the victim not only suffered but also his family will be suffered and it will become very difficult for them to face the financial hazards.

Russian Child Given HIV-Infected Blood by Negligence

HIV Infected blood

A Russian female child was given the blood duly infected by the HIV virus which is a serious neglect on the part of the hospital staff. The 16-months old female child, Daniella was brought to the hospital to the Christian Hospital No.5 in St. Petersburg city in Russia in March, where an operation for the peritonitis was carried out. Peritonitis is an infection, which endanger the life of the patient. After carrying out of the operation, the patient was remained between the life and death position and she was kept in the ICU for a long time. The patient was given the blood when she was in the ICU, which was not tested and it was donated by person, who has already been infected with the HIV virus.

The hospital staff did the serious medical negligence and it was also the neglect of the specialists of blood transfusion center of the city who did not carry out proper test of the blood, which is already contaminated with HIV virus and they passed the blood for the patients. It is also reported that this neglect is also done due to the shortcomings of the computer programs and this infected blood was given to the younger child and she was developed with another disease rather than get well from her own, peritonitis disease.

In the beginning, the female child was admitted in the hospital with the complaint of rotavirus during February. The hospital staff gave the medical treatment to the patient and she was discharged with the instructions to bring back the child after five days. On the very next, the female child was brought back as her condition was not normal. During the medical examination of the child, they felt some unusual and asked for the X ray report. The X ray report revealed that the patient had been swallowed some magnetic parts of the toy. The doctors also carried out the checking of the used batch of the blood, which was still present in the quarantine as that blood was there to undergo the HIVG test. That HIV contaminated blood was used for the patients without checking that there was no written permission to declare the blood use for giving it to any patient.

Due to this serious medical negligence of the hospital staff, the child has to undergo long treatment for anti-virus. It is also reported that there is risk of contracting incurable virus by the blood transfusion having HIV infection, which becomes 100 percent. Russia has already introduced various reforms for the screening of blood for HIV in 1987 and since then only 50 cases for the HIV infection have been reported in the whole country and most of the cases are occurred due to human mistakes. This case and other similar cases are occurred due to the medical negligence of the hospital staff or the doctors and they can endanger the lives of the patients. Consequently the hospital staff has to face the compensation claim filed by the patients and his family in the court as well as face the bad reputation of the hospital and its staff.

Medical Negligence of Lung Cancer Diagnosis


Frank Golby was aged 65 years and he was living in Coventry. During May 2010, he felt problems with continuous cough and went to the University Hospital to get the medical treatment. The doctor checked him and sent him for his CT scan to know about his persistent cough. The CT scan of his left lung was carried out and revealed 1 cm long nodule found in his left lung. This was the serious condition of the patient but doctors and medical staff of the hospital made mistake to diagnose his disease and they did not indicate the dead tumour in his left lung. They simply declared it the chest infection and provided medical care according to their diagnosis.

The patient was not admitted and proper medical treatment for lung infection was not given to the patient. He consistently felt breathing problems and went back to the hospital many times. He also felt the problem of anemia but his CT scan was not done to know the exact position of the disease and the problems which is not getting well. To know the complete picture of the disease, a chest x-ray was done to know the exact position of the disease on February 17, 2012. This x-ray revealed the presence of tumour in his left lung but at this time this tumour has been increased five times to its original size and the condition of the disease became worse at that time. The doctors diagnosed the disease very late and at that time it was too late to give medical treatment to the patient, who died on the very next day, when his age was 65 years.

After his death, his family including wife and children took legal step against hospital and doctors and get the compensation claim filed in the court for the misdiagnose of the disease. They opted that when Frank visited hospital during 2010, then hospital staff has done his CT scan to get the complete pictures of his disease of his left lung. At that time there was 1 cm long nodule which was showing the improvement of lung cancer. The hospital administration made a mistake and they did not take care of this problem and ignored and simple provided treatment for the cough. With the passage of time, this nodule was developing and patients visited many times to the hospital for the hospital. The doctors should examine her CT scan once again that why his disease could not be controlled and what was the actual problem with him.

The court held responsible the hospital administration and doctors who failed to diagnose the disease which resulted in his death. The Court after going through the complete investigation of the disease, found that if the hospital staff and doctors could diagnosed his disease then this disease can be treated at that time and it will also get well soon. With the proper medical care, he can live for minimum further ten years. The Hospital administration apologized with his family and settled an undisclosed compensation of five figures for misdiagnoses of lung cancer.

Hospital Fatal Medical Negligence Compensation Claim Settlement


A medical negligence case happened in Dublin on the medical grounds of an interim cerebral palsy with a boy having age only 10 years. The boy, Jamie Patterson was born in Coombe Hospital in Dublin in November 2002 with the complaint that the boy was terribly injured at the time of his birth. The hospital administration was failed to provide medical treatment with Syntocinon for assisting in contractions to his mother, Teresa Patterson. She went to hospital with serious complaint but the hospital administration as well as doctors failed to monitor foetal distress of his mother.

When the investigations were carrying out then it was found that she has the side effects of Syntocinon and the boy was born with cerebral palsy due to spastic quadriplegic. With the development of cerebral palsy in the boy and negligence of hospital and doctors, the boy was grown with the lack of talking ability and he can communicate with her mother with the help of his facial expressions or through his body language and he suffered from constant speech disability & depend upon his mother or other for the entire life.

Teresa Patterson, mother of disabled boy got prepared a compensation claim for cerebral palsy to her son for the serious medical negligence on the part of the Coombe Hospital Dublin on behalf of her son. In the compensation claim, she opted that the hospital has shown serious negligence in her treatment and monitoring the foetal distress which resulted into serious problem for her child before birth and lapse of speaking power and cerebral palsy to her son. If hospital administration paid attention to her problem and monitor the foetal distress before birth of child, then this serious negligence of cerebral palsy can be avoided.

The hospital administration refused to accept the negligence on their part and denied the claim, which is lodged in the court for the serious medical negligence done by the hospital. They did not accept the cerebral palsy to the boy but Health Service Executive has agreed with the compensation claim in the court. High Court judge Mr Justice O’Neil accorded the compensation claim in the favor of victims for €1.58 million. The court held responsible the hospital administration for this serious medical negligence and awarded them punishment to pay the compensation claim to the victim and the judge of the High Court also ordered that this claim in the interim arrangement for the boy.

Now the court adjourned the case for two years and ordered that the court will look the case after two years once again because the liability will also be worked out of the future requirements of the boy. Presently the court ordered the compensation claim for the interim arrangements to meet the expenses of the victim. When the future requirements of the boy will be assessed after thorough investigation of the case and keeping in view the expenses of later period then court will issue orders to settle the case properly considering future requirement of the victim boy.