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Category: Professional Negligence

High Court Approved Professional Compensation Claim

Professional NegligenceCourt has accorded approval for grant of compensation claim to the affected boy. The boy has been suffered from the cerebral palsy due to drain damage at the time of this birth. It has been reported that when the boy, Ryan Brennan was born in Saint Joseph hospital located in Clonmel in January 2000. At the time of his birth, the newly born baby was not provided necessary medical treatment as foetal heart rate was discovered. The abnormality of the baby boy was not given attention and he faced critical seizures.

The baby boy had to be provided resuscitation soon after his birth which created some abnormalities. The matter was reported to senior doctors and obstetrician consultant of the hospital for the sufferings of the baby boy, Ryan with cerebral palsy and brain damage. If his abnormalities were dealt with at proper time, then this situation can be avoided. The damage has been done to the baby boy on the part of the medical negligence done by the doctors or medical staff of the hospital which resulted into his abnormal mental condition. The parent of the baby boy discussed this mental situation of the boy with the senior doctors of the hospital but it was already getting late and the harm to the brain has already been done which could not be treated.

The parents of the baby boy, Ryan sued in the court for compensation claim against Dr Powell and Health Service Executive for the medical negligence. The allegation put on the doctor and the Health Service for their breach of duty as well as on the agreement. The appellants have also provided all necessary lab and medical reports against them with necessary evidences to support their professional medical negligence claim. The defendants refused to accept the responsibility for the allegations made by the parents of the boy filed in the High Court, Dublin. The defendants have opted that they are not responsible for the professional negligence. They also refused to accept that at the time of the birth of the baby boy, his physical condition was normal and there was not sign of any breathing problem in the baby. The baby developed these problems after leaving out from the hospital and his parents were failed to report his problems in the hospital in time.

The court looked into the matter and examined the lab reports with results which indicated the exact condition of the patient at the time of his birth. Justice Mary Irvine issued necessary order for the professional negligence conducted by the doctors and staff of the hospital and accorded approval for the compensation claim for the cerebral palsy with an amount of €1.7 million. The court held the Health Service Executive responsible in this incident for the professional negligence and ordered to strike out the name of the doctor from the compensation claim. The court also ordered to calculate the interim claim and his future needs should be calculated as the baby could not do anything without the help of others.

High Court Decides Professional Medical Negligence Claim

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.

£1 Million Claim for Botched Tooth Extraction

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.

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

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.

Indian surgeon faces trial over medical negligence in Australia

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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.

Medical Negligence of Lung Cancer Diagnosis

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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.

Reasons why an elderly man managed to salvage £ 1000 from a car accident claim

Car accident claims have continued to be on a rapid upsurge. Recently, a certain man’s daughter was killed in a car accident that was caused by another driver. The pain of losing a daughter or any loved one in an accident cannot be overemphasised. Undoubtedly, this elderly man was engulfed by a great measure of sorrow when he lost his daughter in accident that was caused by another driver. The accidents also lead to the damage of a good number of properties belonging to the surrounding residents. This is not the first time the media is reporting such an incident. In the recent past, a good number of road traffic accidents involving drivers who were not at fault have been reported.

Reasons why an elderly man managed to salvage £ 1000 from a car accident claim

Suppose you were involved in an accident in which you were not at fault, you can seek help from a reliable attorney agency. If your case has substantial evidence, you will be able to claim a lot of money. The man who has been alluded to above was able to claim up to £ 1000. This is a lot of money that you can use to settle some medical bills that you might have incurred from an accident. During the funeral of his daughter, the man channelled some of this money to sort out some of the funeral expenses. But, why did this man manage to salvage as much as £1000 from his accident claim?

There are numerous reasons that accounted for this. To start with, he had made use of a very reliable accident claims attorney. This is one thing that most accident victims forget and they usually end up being disappointed. Some clients choose to go solo, but this is usually not easy. Car accident claims require enough evidence to be presented before the judges in the courts of law. If you do not have enough evidence, it is very difficult to convince the courts of law to grant you the claim for compensation. Evidence has to be documented properly before it can be presented to the courts of law.

The man’s case was also successful because he was careful when choosing his accident claims lawyer. This is one of the most important aspects of filing an accident claim. An attorney knows what is required for a case to be successful. Not all accident claims attorneys have the capacity to successfully file an accident claim. This is the reason why it is important to hire a very reliable lawyer. The elderly man that has been referred to above had taken his time to find a reliable attorney. In most cases, the experience of an attorney is depicted by the number of cases that the lawyer has handled. If some cases were not successful, take your time to fully understand the reason behind the failure. Some cases can fail because the accident victim did not possess enough evidence to support the claim. If that is the case, it would be very unreasonable to blame the attorney for the failure of the case.

Professional Negligence

Professional negligence or PN, a term known by many people but understood by only few of them! In a broad sense, the term professional negligence refers to all of the cases where somebody feels that he/she has been mistreated by some professional, and as a consequence of which he/she had to suffer some kind of loss. The loss may be financial or physical but to make a PN claim it is necessary that loss occurred due to poor quality service offered by some professional. And the professionals whom we can claim against generally include barristers, solicitors, accountants, financial advisors, surveyors, architects, planning consultants and project managers. However, PN claim is possible to be made against any professional.

Professional Negligence

However, we do not hear about professional negligence claim as frequent or highlighted as some other types of legal claims. The reason is, PN claims are of specialist type which do not fall under general solicitor’s practice, so that is why PN cases are not seen as regularly as we observe, for instance, accident claims. Due to their specialist type, there are very few solicitors who effectively know about the issues involved in such cases; only a limited number of solicitors can undertake the cases of professional negligence. Thus, it further complicates the process of making professional negligence claims for a person if he happens to hire a lawyer who is not fully aware of all potential dimensions of PN claims.

A solicitor’s expertise in handling professional negligence claims may be gauged in multiple ways. The one important thing that a person must look for while seeking out an apt solicitor for its professional negligence case is the number of similar cases that solicitor is working on and, probably more significant, the success rate of a solicitor in such cases. Obviously, there are many other factors to be considered while choosing a best solicitor for your professional negligence claim. You must look at the experience of a solicitor; irrespective of the law firm he is working in, it should be considered that what kind of assistance, advice or legal representation that solicitor can provide to ensure the case success of his client.

By putting it in detail, there are various elements a person must examine before he becomes confident that he has chosen an apt solicitor to pursue his professional negligence case. If your solicitor, after taking an efficient and quick review of your case, provides you a straightforward and clear advice according to the merits of your claim, it is satisfactory to go further with it. The solicitor must be transparent about what procedures and practices he would employ to go with the case and much legal fee it would charge you. If your solicitor is offering alternative funding means such as conditional fee agreement, it might be helpful for you. Through a ‘no win no fee’ agreement, you can pursue your case with only minimal charges. However, if your solicitor finds no merit in your professional negligence case, it would be helpful to take your claim elsewhere.