Case Study – mistake made during a procedure or operation
Medical Negligence claims regularly feature a genuine error. Still, this does not mean that they don't happen, and that you should just sit back and accept the fact that the medical treatment availed to you, was negligent.
When a mistake is made by a medical professional, we use what is called the Bolam Test to assess whether they acted negligently. This is done by asking a reasonable body of medical professionals, qualified similarly to those that are accused of acting negligently, if they would, or, more importantly, would not, have acted in the same way, towards our client. Essentially, when we follow this test, the action is judged off of whether a number of other professionals would have done the same.
When it comes to claims where a medical professional appears to have made a genuine negligent mistake, it is generally the case that this body will not agree with their actions. See below a case study that MG Legal have recently won or a client regarding a clinical negligence mistake.
Clinical negligence case study:
Our expert clinical negligence solicitors have recently won a claim for a client who suffered from an impaired facial function as a result of the negligent acts of a medical professional. Mr B was undergoing what he was informed to be a routine surgery on his ear for a condition that was impairing his hearing. During this surgery, a clinical mistake was made which resulted in his artery being cut, and his facial function being subsequently limited.
After Mr B got in contact with us, and told us of his claim, we accepted it on a No Win No Fee basis. Our specialist clinical negligence solicitors then contacted the medical practitioner at hand, explaining our intention to act on behalf of Mr B regarding his surgical negligence claim.
Upon receiving this letter, the medical centre at hand replied with an acceptance of liability, and informed us that the radiologist involved in the operation had failed to note a defect to Mr B’s ear bone, as he had a duty to do.
Our local solicitors, specialising in clinical negligence, then worked with a specialist ear, nose, and throat surgeon to produce a comprehensive medical report on Mr B’s injuries, including the surgeon’s personal investigation into the event and his opinions. This report concluded that Mr B had suffered facial weakness as a complication of his ear surgery, and that the care that he received was below that expected for a reasonable body of practitioners.
Along with this medical report, our local personal injury solicitors contacted a renowned clinical psychologist to provide a psychologist report on how the incident had affected our client. With the presentation of both of these reports by recognised medical professionals, both surgical and psychological, the healthcare provider at hand agreed to settle the case out of court, and our client received £15,000 in damages.
If you have suffered injuries from what you think to be a mistake made my a medical practitioner, get in touch with MG Legal's expert clinical negligence solicitors today, here. We accept all of our clients on a No Win No Fee basis, and have a 99% success rate for all of our personal injury and medical negligence claims.