Tips For Making a Claim For Compensation Following a Medical Error

At some point during our lives, we all receive medical treatment, whether from a doctor, a dentist or some other healthcare professional. On a daily basis people suffer and sometimes die because the medical treatment that they received is not as good as it could or should have been.

On the whole, healthcare errors result in little or no harm to the patient and often, the patient is not even aware that a mistake has been made. However, there are also incidents where something has gone wrong and as a result, the patient suffers a serious injury. A mistake can take various forms, for example, a slip-up during an operation, a missed diagnosis, prescribing the wrong medication, failure to identify the risks of a procedure.

Even in such cases, it is not automatically guaranteed that you are entitled to compensation; this depends on the type of mistake and the circumstances in which it was made. Mistakes are often understandable, as health care professionals are human and everyone makes occasional errors, especially when they are under immense pressure.

To be able to successfully recover compensation, you have to prove that the medical professional was negligent, in that their conduct fell below the standard which any reasonable member of the profession could consider acceptable and injury or loss was caused as a result. Although there is a general consensus that NHS litigation is spiralling out of control and there is a surge in compensation claims, there are an estimated 850,000 adverse incidents in the NHS a year and around only 1% of those injured make a claim.

The majority of people that are affected by some form of medical mistake or oversight simply want an explanation and an apology. Based on this information, it can therefore, be argued that the medical profession should have a greater willingness to recognise that mistakes are made. Failure to acknowledge this leaves the parties involved to believe that they have no other option that to pursue litigation; which in turn involves the injured parties in further trauma, as Medical negligence claims can be lengthy and are notoriously difficult to win, as the courts are keen to protect the integrity of the health profession and avoid a landslide of claims.

If you believe that you have received negligent treatment from a healthcare professional, the first step is to ask the person who treated you to explain what happened/ what went wrong. If you need help you can speak to your local Patient Advice and Liaison Service (PALS) listed in the telephone directory, complaints manager at the NHS trust hospital or the primary care trust involved in your complaint.

Another good source of information is the Information Complaints Advocacy Service (ICAS), a free and impartial independent service for people who wish to pursue a complaint about the NHS. These bodies may be able to resolve your concerns on the spot or provide you with details of how to pursue a complaint.

Alternatively, you can pursue a Clinical negligence claim to recover financial compensation for the injury or loss that you suffered as a result of poor medical treatment by contacting a firm of solicitiors that specialise in <a target=”_new” rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.theclaimsconnection.co.uk/medical-negligence.html”>medical negligence claims</a>

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Employment Law – 4 Tips for Any

labor law is a complex area and follow the correct procedures may mean that the employer cease reckless demand facing an employment tribunal. This can be very influential in the business as a cost on the case and the court awards, and loss of working time and decrease morale. Here are the four key issues of labor law that employers should be aware of.

Employment Law – 6 Essential Tips For Employers

When it comes to employment law, there are often misconceptions as to the obligations and rights of employers. Listed here are six of the areas where these most commonly arise, together with some suggestions and clarifications as to the best way to protect your business and your employees.

1. Health and Safety

There is a raft of legislation dealing with specific health and safety requirements and workplace hazards. For information, see the Health and Safety Executive website at http://www.hse.gov.uk . 
In general, all employers have a statutory duty to ensure, so far as is reasonably practicable, the health and safety of their employees and to take reasonable care to protect the health and safety of anyone else who may be affected by the business and its activities, such as customers.

Carrying out risk assessments is an important step in protecting your workers and your business, as well as complying with the law. It allows you to place your focus on the risks that are key to your working environment – those that have the potential to cause serious harm. Health and safety arrangements must be monitored continually, so it is vital that you start from a carefully thought out policy. This will help you review and manage preventative and protective measures.

All employers must give the necessary information, instruction, training and supervision to make sure that, as much as is practical, their employees are aware of health and safety issues. To do this, you will have to identify the requisite skills for carrying out the jobs safely, as well as provide any training necessary. This should include training in emergency procedures. It is good practice for internal health and safety inspections to be carried out by more than one person in order to get more than one viewpoint. Be as objective as possible and try to think about problems that are not included in your present safety check list.


2. Stress

Dealing with stress in the workplace is a difficult issue and employers cannot afford to be ignorant on this subject. All employers should know how to help prevent stress, be able to recognise it, and be aware of the best ways to handle it.

Failing to deal with cases of stress and to appreciate the psychological damage that can result can be costly for employers. You should have a formal policy for dealing with stress-related complaints. Treat any complaints seriously and investigate them thoroughly.

Employers who offer a confidential advice service, with referral to appropriate counselling or treatment services, are unlikely to be found in breach of their duty.


3. Flexible Working

Family Friendly Policies – there is specific employment law legislation dealing with employees’ statutory rights to maternity, adoption, parental and paternity leave and pay and to time off work to look after dependents. In addition, parents of children aged under 6 (or under 18 if the child is disabled), who have worked for their employer for 6 months or more, have the legally enforceable right to ensure that a request for flexible working arrangements is not rejected without good cause.

4. Email and Internet Policy

Make sure employees understand that what they put in an email message should not be regarded any less seriously than written or spoken communications. Inappropriate Internet use can also lead to claims of harassment and discrimination. Employers should have and enforce a clear email and Internet use policy.


5. Staff Parties

The annual staff party can be a nightmare and many employers choose not to hold them. If you do, it is important to carry out an assessment of possible risks and take reasonable steps to reduce them, as you would for any work activity. Employees should be made aware that normal disciplinary procedures apply. Employers can be held responsible for employees’ actions after consuming alcohol provided by the employer, so beware!


6. Performance Appraisals

Equal treatment must be given to all staff when setting targets and performance standards. When giving appraisals, phrases that use discriminatory language, such as ‘copes well considering their age’, should be avoided. It is important that the person carrying out the appraisal is trained to do so.

Overall any employer is well advised to conduct a thorough review of their employment policies and ensure that they are comprehensive and up-to-date. In particular if there’s any doubt in your mind, don’t take any risks with regard to employment law.

Instead make sure you take appropriate legal advice from a specialist employment law solicitor.

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