Dec 29

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One of the kinds of injuries that are incurred in a car accident is whiplash. It happens when a car receives its hit on its rear side. Practically speaking, the whiplash can happen from any direction that the car is crashed from. The collision results in a jolt that causes sprains in the neck that ranges from mild to severe. The speed, size, or intensity of the collision is not factors that are relevant in the context of a whiplash. Even mild jolts cause whiplashes, and sometimes there have been severe collisions when people have come out unharmed.

It is not necessary that symptoms of a whiplash occur right after the accident. They could appear after hours, days, or even years. However, in the case of instant appearance of the symptoms, then the case of injury is of serious concern.

Fracture or any other kind of harm is not caused to the bone during a whiplash injury. In fact, the soft tissues, tendons, and muscles along the neck and spine area suffer the damage. Due to the abnormal movement of the head and neck, the body causes the muscular system to tighten in order to provide support to the head.

As for the injured part of the neck, a chiropractic checkup to identify the injured part of the neck should be the instant thing to do and that too in a detailed mode. Another thing to note here is the fact that whiplash injuries do not appear in x-rays or radiographs. Only CAT scans, and ultrasounds reflect the whiplash injury.

Pain or stiffness in the neck along with headache, and lower back pain are the three categories of symptoms caused by a whiplash injury. The source from where the pain is emerging is this kind of injury is the neck area. Whiplashes happen to cause tenderness or even swelling in this particular area. Then there are spasms in the vertebral column frequently as well, which in turn, affects the lower part of the back. The occurrence of headaches is another symptom, sometimes continuing on a spasmodic basis, and sometimes constantly. The focus of the headache is not consistent, and keeps shifting its prime source, in most cases in direction of the shoulder. These headaches resemble tension headaches, causing severe pain at the back of the eyes.

Following the major symptoms, come the minor ones that are inclusive of dizziness, or lack of concentration, and focus along with nausea, and also tickling in the arms, hands, or legs besides blurred vision as well as difficulty in swallowing, irritability in moods, anxiety in attitude, exhaustion, and sometimes pain in the jaw line or facial area. The degrees of symptoms differ in men, and women according to studies. In the case of women, they have a greater tendency of symptoms like lower back pain, nausea, or lack of concentration.

In case of no diminishment of the symptoms even when proper medical care is given, the situation signals the development of a whiplash syndrome. The complexity of the condition of the patient increases with disorders that are psychological in nature such as trauma, fear along with depression, and even a sense of being wronged. The recovery process faces hindrances due to these conditions.

That is why, precautions should be exercised on an adequate basis in order to prevent one from unexpected, and unforeseen accidents. The propriety of head rests along with appropriate seat belts are a way to ensure your safety to a great extent. Even if they are not as strong in intensity, symptoms of a whiplash should never be taken lightly.

That is why one should not treat whiplash symptoms lightly even if they are mild in magnitude. Consultation from a doctor will ensure your safety in the end, and save you from the hospital bed, and keep you intact on your feet.

Daniel Burg is a insurance consultant. To make guaranteed personal injury claim contact a specialist today and visit his recommended website for more information at http://www.firstpersonalinjury.co.uk/.

Dec 28
Cancer Misdiagnosis
Posted by Ayesha Salim in Compensation Articles on 12 28th, 2009| | No Comments »

Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.

In recent years, great progression has been made in cancer research and early detection process of cancer. It is well known that early diagnosis of cancer can drastically impact the individual’s chances of survival before it has a chance to spread. Not all types of cancer are so easy to spot, however some of the more common ones can be detected early through careful screening. Failing to recognise important signs of cancer can have drastic consequences on the patient’s quality and life expectancy. Furthermore, if early diagnosis is not made, then the cancer can spread to such a stage that treatment may no longer be a viable option for the patient.

How can you make a claim?

The doctor in the first instance will be assessed against other doctors in the same speciality. The two fundamental questions that will be asked will be:

* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?

In assessing the patient’s claim, the courts use what we call the ‘balance of probabilities’ test. This means that if the experts in this speciality agree that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule would be applicable to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

Forms of misdiagnoses made by doctors in cases of breast cancer:

* Inadequate following up of test results

* Failing to order new tests

* Failing to spot early symptoms of cancer

* Confusing the tumour for an infection or diagnosing the tumour as benign

* Failing to notice a lump during the screening process

These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.

If you or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, cancer claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 28
Making a Passenger Compensation Claim
Posted by Ayesha Salim in Compensation Articles on 12 28th, 2009| | No Comments »

Passenger injuries normally occur when travelling as a passenger in a car, bus, or any other vehicle that has been involved in an accident. You do not have to be in the driving seat in order to make a claim. If you were in a vehicle in which the driver collided with another vehicle, you can make a passenger accident compensation claim.

You have a right to make a claim as in the majority of cases, passengers are the innocent party. The driver is ultimately responsible for ensuring the safety of his passengers, and should anything happen to them, he has to be prepared to face the consequences.

Claiming against the driver

Many passengers are reluctant to make a claim against the driver as it might be someone they know or are close to. However you should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.

It is natural if you are feeling reluctant about making a claim against someone you know, however your actions will not bear any negative repercussions on them. They will most likely be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

If there was more than one driver involved, you can make a claim against them too. It is not just limited to one driver.

Whether or not you were wearing a seatbelt at the time of the accident will have an important bearing on the amount of compensation you will receive. Do not be surprised if the compensation is reduced as a result of you not wearing a seatbelt.

Making the other driver accountable too

Once the passenger makes a claim for accident compensation against the driver, it is possible that the driver request that the other driver also be held responsible for the accident. If it can be proven that the other driver was also partly responsible for the accident occurring then it might reduce the amount of compensation the driver may have to pay. This way both drivers take accountability for paying compensation to the victim.

Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, Travel accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 27
Making a Supermarket Accident Claim
Posted by Ayesha Salim in Compensation Articles on 12 27th, 2009| | No Comments »

If you suffered an accident in the supermarket through no fault of your own you may be entitled to claim for compensation. You may have slipped on juice in Tesco or Asda. Whichever way it happened, as the accident was not your fault you have a right to make a claim.

Many customers may not actually be aware that all of the supermarkets such as Morrisons, Tesco or Sainsbury’s owe them a duty of care whenever a customer steps onto their premises. Customers should be safe when they are shopping and the supermarkets are responsible for their well-being. This can also include the supermarket car park.

What you should do if you are involved in a work related accident

Employers also own their staff a duty of care in the work place. Many workers are engrossed in various tasks to ensure the smooth operation of the supermarket. These jobs involve cleaning to shelf stacking. Extra care should be taken at all times due to the sometimes risky nature of the work.

For instance working as a check out assistant may seem relatively straight forward and risk-free. Nonetheless many fail to realise that there are many health risks involved in this job. If great care is not taken, check out assistants are at risk from suffering repetitive train injuries in their wrists, shoulders and elbows. They are also at risk from suffering neck and back injuries, if their working area is not set up appropriately. Shelf stackers and cleaners are at risk from spills or other possible obstacles if there are not appropriate warnings set up.

If you have suffered an injury as an employee through no fault of your won, and wish to take action against your employer you may be able to make a claim. Your solicitor will be best able to advise you on your next steps.

What to do as a customer if you are involved in an accident

If you are unexpectedly involved in a supermarket accident, there are some things you can do that will help your claim if you decide to make one later.

Quite soon after the accident you should report it to the manager or to someone at the customer services desk. You will most likely be given an accident report form to fill In case you are not given a form you can ask for one or make sure that the accident is recorded in the accident book.

If there happen to be any witnesses around at the time of the accident, it is best to get down their names and contact details. If you happen to have a camera on you, you should photograph the scene of the accident. If you don’t have an actual camera but you have one in your phone that should be fine too. By gathering all of this evidence, it will help you in your claim later on if you decide to make one.

If you have been victim to an accident and are wandering what to do next, our solicitors are experienced in this area and will best be able to advise you.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket slip claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitor or to talk with a personal injury lawyer.

Dec 24
Laser Eye and Cataract Surgery
Posted by Ayesha Salim in Compensation Articles on 12 24th, 2009| | No Comments »

Laser eye surgery is an attractive option for those that wish to stop wearing their glasses. If the surgery is carried out properly, than it can lead to great results for the patient concerned. The patient’s self-confidence and quality of life will be improved and the surgery itself should not take very long. Unfortunately, as it is a delicate procedure, complications can occur.

Laser eye surgery is normally used to correct long and short sightedness. The surgery involves cutting a flap in the cornea and then reshaping it using a laser, before replacing the flap. It is possible for some to experience dry eyes in the months following the surgery.

What are the complications and risks?

It should be borne in mind that laser eye surgery is still a relatively new form of surgery, and it is difficult to gather what the long term results will be. Some of the more immediate problems that people have complained about can range from dryness in the eyes to experiencing night vision problems. Furthermore, some candidates are more likely to be less suited to the surgery than others. It is the doctor’s responsibility to spot this early on in the pre-screening assessment.

Some of the complications that crop up can vary from patient to patient. Some problems can be solved with some extra treatment. However, in some rare cases, the complications can be far more serious, some cases leading to blindness.

Undergoing Cataract surgery

Cataracts usually cause impaired vision for elder patients. It is a degenerative disorder, however it can also have other causes. Cataract surgery is usually performed to improve the patient’s eyesight and this is done by the lens of the eye being broken down into tiny pieces which are removed through a small cut in the eye. The lens is then replaced with an artificial one.

The majority of cataract surgeries are performed successfully with no long-term problems for the patient. However, on rare occasions a surgeon can make a mistake, such as inserting the wrong lens. This would usually occur if the pre-operative assessment was not run properly which led to misleading results.

The doctor should inform their patient of the risks involved in the surgery before it is carried out. Although the doctor may be unable to inform the patient of every possible risk, the main risks should be highlighted to the patient. This is particularly the case with serious ones, such as blindness.

Will I be able to make my claim?

The points below will be considered when examining your claim:

* The type of injury that was sustained

* The recovery rate from the injury and any implications for future long-term consequences

* The amount of losses you will be facing as a consequence of the injury

Whatever your situation, our solicitors are experienced in dealing with a number of challenging claims and will be able to assist you in yours. If you feel that you have suffered negligence at the hands of a doctor, our solicitors should be able to help you with your claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, Eye surgery damages, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 23

Repetitive strain injuries suffered at work are much more common than people realise. This is due to the fact that use of computers on a daily basis has become part of the norm. With the increasing usage of computers it was only a matter of time before RSI (repetitive strain injuries) would rise with it. This type of injury can be avoided if the employer takes certain precautions. The employer should ensure that their employees are working in safe and healthy environment at all times.

Repetitive strain injury claims are often hard to claim for due to it’s complexities. For instance, citing repetitive strain due to high computer use at work would be difficult to claim for, as the majority of the country have computers at home which could also have been responsible for causing the injury.

However, if you feel that you gained this injury at work then do not be put off. Your employer should take reasonable steps in providing a safe working environment, and if this was not provided for then you have a right to make a claim.

Repetitive strain injury explained in more detail

Repetitive strain injury can also be referred to as Work Related Upper Limb Disorder. The types of symptoms that people suffer can vary but usually they involve stiffness, tingling, and swelling. It is repetitive work processes that tend to cause a strain in the upper limbs. Reports have suggested that around two thirds of office workers suffer from RSI, however are unaware that they can even make a claim.

The employer should ensure that the employee takes regular breaks from using the keyboard as this is a very common cause for RSI. It is also important to adjust the PC monitor to the correct height and to have wrist rests available for the employee. Repetitive use of the mouse can also be the cause for RSI. The symptoms are often due to continuous muscle contraction caused by being in a fixed position for too long whilst the limbs are unsupported or supported in the wrong manner.

If the employer fails to put these important health and safety rules in place, and the employee ends up developing RSI, the employer should prepare for the employee making a possible claim. It will all depend on how severe the RSI is. This will determine how much compensation the employee receives. It is best to get into contact with our solicitors who will best be able to advise you on your claim. The solicitor will ensure that you gain the best compensation possible.

With laptops getting smaller all the time, many of us have gotten used to working on the move. Nowadays you can use a blackberry or a laptop on your way home on the train or bus. Nevertheless there are risks involved in such prolonged use of these devices. In fact the chances of obtaining RSI are higher with these gadgets due to the smaller and closer-situated buttons. The effects of RSI could be more serious in comparison to a normal working environment as you cannot control your surroundings when you are travelling on the bus or train.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, RSI claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 20
Making a Sports Injury Claim
Posted by Ayesha Salim in Compensation Articles on 12 20th, 2009| | No Comments »

Anybody involved in a game of sport can expect to sometimes get injured. Sometimes an error in judgement or some general carelessness can lead a player to sustain an injury. Therefore most participants consent to the risky nature of the game playing. However, sometimes a player can trip up on badly maintained surface, or be pushed just a little too hard buy their trainer. In these circumstances it may be possible to make a claim for compensation.

The way to examine whether a claim may be made is to distinguish between actual foul play or just a temporary relapse in judgement. Simple carelessness or a minor error in judgement is not a strong enough basis on which to make a valid compensation claim.

Some typical examples of injuries are:

* Playing on surface that is badly maintained

* Unsafe facilities or equipment

* Players being particularly malicious or violent

* Improper instructions or training being provided by trainer

These are some of the types of accidents that would not be considered to be part of the normal, reasonable conduct that a player would consent to and could give rise to a valid compensation claim.

In some cases the sports injury can be quite serious which results in the victim not being able to attend work. This can lead to the victim suffering financially as well as physically. If you find yourself in this type of situation in which you do not know which way to proceed, the best thing to do is to seek advice from a solicitor who will be able to help you.

Becoming Injured as a Spectator

Spectators are expected to enjoy the game from a safe distance and not get injured. Those in charge of the event have a responsibility in ensuring that the premises are in line with health and safety standards. The spectators should be kept at a safe distance, away from any potential hazards.

Accidents to sports spectators normally occur when the shelter provided is faulty or in inadequate condition. Any barriers or railings might not be secured properly and there may be lack of appropriate lighting. These are some of the basic safety measures that should be adhered to, and a failure of these can lead to spectators suffering injuries as a result.

Making a Sports Injury Claim

If you become injured following a sporting activity, the first thing you should do is seek medical help. This is essential for a number of reasons. Firstly, the seriousness of your injury will be determined and you will be able to seek appropriate treatment. Secondly, the medical records will help your case if you decide later on to make a claim.

You should also keep hold of any important information. This can involve reporting the incident to a nearby staff member, and keeping note of any witnesses and photographs.

If you have suffered a sports injury and would like us to help you, our solicitors will be able to assess your case and advise you on your next steps.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 18

Thousands of people all over the UK make the decision to undergo plastic surgery. For many, it is a personal choice influenced by wanting to feel good about themselves. Others have other reasons. The patient is likely to be feeling nervous about the operation, and the surgeon performing the surgery needs to ensure that they receive the highest level of care. Prior to 2002 the plastic surgery industry was largely unregulated. However, this changed when the National Care Standards Commission introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. This means that all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. It should however be noted that this only applies to doctors registering after this date, not before.

Most of the surgeries carried out are by qualified surgeons, however on the rare occasion this is not always the case. If you have been a victim to one of these rare occurrences then we may be able to help you.

Your case for compensation

If you have suffered significant scars or injuries as a result of the surgery, you will be entitled to make a compensation claim. It is natural to be feeling shaken, however you should be aware that it is your right to claim as every plastic surgeon owes a duty of care to their patient. The duty of care is owed both during and after the operation. You should be able to feel relaxed under the assurance that your surgeon will look after you and that your operation will be performed under the correct protocol.

If your plastic surgeon caused you to suffer significant injuries or scars as a direct result from the surgery, then it is very possible that their duty of care towards you has been negligent.

You should note that a good plastic surgeon will always:

Be qualified

Inform you properly of the procedure and the personal benefits to you

Inform you of all the risks involved in the procedure

Discuss alternative options with you

Give you the opportunity to think about your options

Unfortunately you may have suffered at the hands of a plastic surgeon that used the wrong instruments to perform the surgery, or made other catastrophic errors that resulted in you being scarred not only physically but also psychologically. In these circumstances it is your personal right to be able to make a plastic surgery compensation claim.

The most common types of complaints usually made include the following:

Lack of necessary information regarding the risks involved in the procedure

Nerve being damaged during a facelift

Extensive scarring during a procedure such as liposuction

Unanticipated scarring on the face during a facelift procedure

The types of mistakes outlined above are only some of the types of claims that are usually made. However, it is these types of serious errors that lead to successful plastic surgery compensation claims.

Our clinical negligence specialist solicitors have a great deal of experience in dealing with patients who have been emotionally and physically scarred at the hands of their plastic surgeons. It is understandable that your self-confidence will have been affected by this harmful experience. Our specialist advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, plastic surgery compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 18
Medical Negligence In Dentistry
Posted by Ayesha Salim in Compensation Articles on 12 18th, 2009| | No Comments »

Making a trip down to the dentist is one that can prove to be quite an uncomfortable experience for many of us. After all, it is not a pleasant idea to have the inside of your mouth probed and examined. Nonetheless, it is an essential part of our health regime and it is important that we should be able to trust the health professionals in charge of taking care of us.

Although in most cases, the treatment provided by dentists to their patients is of a high standard, in some instances this standard fails as some patients suffer personal injury as a result. However, it is necessary to distinguish between an unfortunate side effect or actual negligence on the part of the dentist. Your dentist may have been negligent in a number of different ways. It is possible that your crown was not fitted properly. Perhaps your dentist was negligent in failing to spot a serious dental disease and now you are experiencing persistent pain and have suffered permanent damage to your teeth.

What are the types of dental negligence?

There are many types of dental negligence that can occur. The list below outlines some of the main ones:

Misdiagnosis

This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation

Carelessness

It is the responsibility of the dentist to perform the dental procedure to a high standard, up-keeping the patient’s personal safety at all times. This is essential as great trust is placed in the dentist carrying out the procedure. However, the dentist may be careless during the procedure and end up causing personal injury to the patient. This can give rise to a clinical negligence claim.

Inadequate treatment over a length of time

Providing inadequate treatment to the patient is another basis for a possible compensation claim. The inadequate treatment provided could lead to personal injury to the patient. In order to make a claim, the patient will have to prove that another dentist in the same professional capacity would not have made the same error in judgement.

Drug usage by dentists

The dentist may be responsible for giving the patient the wrong dosage of drug or may have failed to analyse the patient’s forms which would have mentioned any allergies the patient may have. If the patient suffered personal injury as a result of this then they may be able to claim compensation.

If you feel that the dental treatment provided to you was below standard, and suffered injury as a result, you may be entitled to a compensation claim. Our specialist solicitor’s will be able to assist you in your claim if your dentist caused a dental accident which resulted in you suffering emotionally and physically.

It will have to be demonstrated that another competent member of the dental profession would not have provided the same form of treatment. Let our solicitors assess your case with compassion and understanding, and we will be able to ensure you that you have the best chance possible in winning your compensation claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, Dental Negligence Claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Dec 17

Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient’s well being and every possible step should be taken to ensure a high level of service.

A patient can claim for clinical negligence when it can be proven that the medical practitioner in charge of the patient provided care that was below standard, and this resulted in a mental or physical injury. There have been many instances where medical negligence has been reported. In some cases patients have complained of not being notified of possible risks in treatment, sloppiness in surgical procedures, and problems in medication.

According to the statistics, around two people a week find surgeons have left behind foreign objects such as clips and screws, and surgical swabs. In the past year alone, the highest payouts included 115,000 to a person who had the tip of a needle left inside them, 75,000 to a patient who later found a surgical clip, and 60,000 to someone who still had ‘packaging material’ inside them after an operation.

The types of medical practitioners that can be held liable include:

privately funded hospitals

GP’s

privately funded health practitioners

all NHS medical staff and hospitals

privately funded hospitals

What is the Duty of care?

Medical practitioners owe their patients a duty of care, however in some cases they fail to do so. If the patient can prove that the treatment they received was below standard, they should be able to bring forward a claim. The method of treatment they received will be compared to other medical practitioners working in the same field.

It is up to the medical practitioner to keep up to date with the latest developments in the medical field. This will be an important factor to be considered in deciding the medical practitioners’ liability. The method of treatment used by the medical practitioner in question will be assessed in accordance with the current medical knowledge at the time of the incident.

The case that outlined this was the famous case of Bolam v Friern Hospital Management Committee. In this case it was held that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art’.

A major point of authority in deciding whether medical negligence has occurred was outlined in the famous case of Bolam v Friern Hospital Management Committee. In this case it was held that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular Art’. This case outlined that if the medical practitioner can find another medical peer that would have also followed the same method of treatment, then they should be able to establish a defence.

According to the case, if another recognised medical body of practice in the same speciality can give evidence that they would have used the same method of treatment, then the medical practitioner may not be held liable. One problem with this can be when there is more than one way to treat a condition. However, if the medical practitioner can find another doctor who supports his choice of action, then it is very unlikely that the court will find the medical practitioner liable.

Whilst a doctor may have a defence, it has now been estimated that clinical negligence payouts by the NHS are expected to rise by 80% next year. With the average victim pocketing 17,900 the mistakes have cost the NHS a total of 9 million over the past five years, with payouts made to more than 550 patients.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, Accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

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