Raleys Solicitors

A 60 year old man who was left with a condition known as Bilateral Vestibular Failure, leaving him constantly dizzy and nauseous and with severe difficulty walking unaided as a result of his doctor’s negligence has called for the NHS to settle negligence compensation claims more quickly.

Iain Wordsworth was given too much of the drug Gentamicin by his doctor during heart treatment, leading to a condition which has severely impacted on his quality of life.

Mr Wordsworth is now a volunteer patient safety champion with the charitable organisation Action Against Medical Accidents and, following his own four year legal battle for an apology and compensation, he believes that the NHS should be settling claims with other patients much more quickly.

He believes that “case after case is dragged out by the NHS in the hope that the victim will give up or accept a lower settlement,” and that this is not acceptable when the patient has put their trust in the healthcare professional and has suffered life altering injury. Not only are long and drawn-out legal battles unfair on the patient but they also lead to spiralling costs for the NHS, believes MR Wordsworth.

Action Against Medical Accidents is calling for an independent group to be set up giving patients information about the competence of surgeons who perform cosmetic surgery, following an increase in the number of surgeons who injure and even kill their patients.

Chief Executive of AvMA, Peter Walsh, spoke last summer following the tragic death of Denise Hendry, wife of the footballer Colin Hendry, who died after contracting a serious infection as she recovered from an operation to correct botched cosmetic surgery. Mr Walsh said that there has been a massive increase in the number of people opting to have cosmetic surgery and as a result of lack of regulation and transparency over competence of surgeons, many patients are finding themselves injured or seriously ill after their procedure.

Last summer, the AvMA’s calls fell on deaf ears and patients were left without vital information which could help them make an informed decision about which surgeon to opt for. Ministers also refused to regulate practitioners of Botox injections and other dermal fillers.

Accessible information regarding a surgeon and their areas of expertise and track record would certainly swing many people’s choice of surgeon and as cosmetic procedures become more and more popular it is surely more important than ever that patients are able to make informed choices, for their own safety.

A grandmother has received a five-figure payout in the final claim against Barnsley Hospital NHS Foundation Trust following botched treatment by a disgraced breast cancer surgeon.

Raleys Solicitors has successfully won damages in hospital negligence claims for 11 women who made complaints following surgery which was performed by consultant surgeon Puvaneswary Markandoo.

After winning her hospital negligence claim for the incorrect excision of the tumour and axillary node sampling procedure, the 52-year-old Barnsley woman said of her ordeal, “It has been an absolute nightmare which is still having an effect on me today. From the moment I was diagnosed with breast cancer it has been a terrifying experience.”

“Anyone who has had cancer knows that it turns your world upside down. To find out years after undergoing surgery that much of that treatment was unnecessary is indescribable. I have felt shocked, upset and angry, all the emotions you can imagine. You put your trust in a hospital and the doctor, believing you are in the best hands and that they will take care of you and do what is right for you, and then to discover that is not what happened at all, it leaves me at a loss.

“I’m still on anti-depressants and I have been left terrified of what the future may hold in terms of my health. The thought of ever having to go back into hospital makes me feel anxious and frightened.”

The married grandmother of three’s ordeal began when she was diagnosed with cancer in 2005 after finding a lump in her breast. She was referred to Barnsley Hospital by her GP for rests and first came into contact with Ms Markandoo when she was given the devastating diagnosis. She should have undergone a lumpectomy to remove the cancerous lump and axillary node sampling but instead Ms Markandoo performed a radical axillary dissection, a much more extensive form of surgery.

The error was only discovered after the woman responded to an appeal by Raleys Solicitors in 2007 for former patients of Ms Markandoo to come forward after several other complaints were made. Raleys referred clients to a top breast cancer specialist in Luton who examined the surgery carried out by Ms Markandoo.

Raleys Solicitors’ Jenny Garbutt said, “No amount of money can make up for what our c clients have had to go through. The experience of this lady is just one of many. At least now this closes, once and for all, what has been a very distressing chapter in the lives of a number of women. Many were breast cancer victims who had to undergo mastectomies, and were having reconstructive surgery as part of their rehabilitation. We dealt with cases where repeated surgery was needed to correct stitching which did not heal properly, and where permanent damage had been done to the circulation in the breast tissue.

“To suffer the kind of injuries these women suffered in those circumstances is horrific. Hopefully, now all the cases have been settled, they will feel some sense of justice has been served.”

Ms Markandoo was suspended after 35 women came forward to complain about problems after operations. In total, 29 proceeded with hospital negligence claims against Barnsley Hospital NHS Foundation Trust and health Chiefs admitted negligent failings in the vast majority of payout cases.

In 2008 the General Medical Council found Ms Markandoo to be deficient in 11 areas of her job, including basic surgery and working within laws and regulations.

A family has won a six figure compensation pay out following the death of a young mother of two due to negligence in the care she received.

The 23 year old mother of two daughters died of aggressive cancer of the bowel which had spread to her stomach by the time it was diagnosed. The cancer was so far progressed that chemotherapy couldn’t save her.

The mother first fell ill in 2004 a few months after the birth of the second of her children and was examined. Gynaecological problems were ruled out but she continued to suffer from abdominal and pelvic pain. Later, in early 2005 a scan revealed a cyst and an operation found fluid above the liver. Just one month later further surgery found the malignant tumour which caused her death.

The family of the woman argue that negligence by delayed and incorrect diagnosis lead to her death. At one time a senior consultant even told the woman the pain was ‘in her head.’

The payout gives a more certain future to the two children she leaves behind.

A man who was infected with Hepatitis C as a result of a blood transfusion he received on the NHS has vowed to continue his legal battle for compensation in his hospital negligence claim, regardless of how long it takes.

Mr Coyler was one of over four thousand NHS patients who were exposed to the disease in the 19070s and 1980s when they were given blood donations on the NHS as part of their treatment for such diseases as Haemophilia. Lord Manchester declared the infection of the thousands of patients as the ‘worst treatment disaster in the history of the NHS.’

The disaster happened when patients were given blood transfusions using blood from the United States. It had come from prisoners who statistically have a higher chance of carrying diseases in the blood, but was still approved for use.

In February 2009 the NHS was criticised by a governmental inquiry for failing to compensate the victims of the error, many of them have since died.

It has emerged this week that the Cure the NHS Campaign, a grouping of the families of those people who died in below standard conditions in Stafford Hospital will sue the board members who were in charge of the care their relatives received at the time.

Between 2005 and 2008 it is believed that up to 1200 patients died unnecessarily and as a result of poor care, in addition to surviving patients who, it is claimed, were ‘robbed of their dignity,’ left waiting for soiled bedclothes to be changed and left unwashed and sometimes left undressed in full view of other patients and visitors.

The Cure the NHS Campaign has decided to bring their claim following a damning report commissioned by the Government which has stated that very few of the senior managers in charge at the time have ever faced disciplinary action. This is because eighteen of the twenty-two board members left before facing disciplinary action, some receiving huge pay offs and easily finding good jobs.

This has left victims of poor care and their families concerned that action has not been taken and that such poor treatment could happen again, especially when the Government report revealed there are other hospital trusts with unusually high death rates which still haven’t been investigated.

The case will prove interesting to follow and may well set a precedent for future medical or clinical negligence cases. If you believe that you have grounds to make a similar claim then consult a solicitor with experience of handling negligence cases.

Read the full story here or to find a negligence claims solicitor, click here.

The number of personal injury claims that lawyers are seeing for this time of the year has risen dramatically as a result of the cold winter. One of the most common cases of personal injury claims are as a result of un-gritted pavements where people have slipped or fallen on the ice and injured themselves. Another type of accident claim occurring after the cold winter is from motorists who have had their vehicle damaged as a result of the numerous and large potholes which litter the roads.

Councils are finding it difficult to cope with the number of accident claims and compensation lawyers have also said that they are busier than ever.  If you have been injured you should make sure that you use a compensation solicitor who is able to dedicate enough time to your case so that is successful, do not settle for a lawyer too busy to give your claim the attention it needs. Raleys Solicitors would be happy to handle any case of personal injury.

When you file an accident claim there are many things which can determine a successful or unsuccessful outcome.  Here at Raleys Solicitors we will do whatever we can to make your claim successful, however these tips will help the claimant and their lawyer.

Timescale.
If the accident claim has not been settled within three years, it becomes statute barred. Although there have been known to be exceptions to this rule in certain cases. For example, if the person claiming is under 18, the three years only begins once they turn 18. There are other exceptions and accident claim advice should always be sought in regards to matters relating to limitation.

Injuries.
Your accident claim will depend on the medical details your doctor recorded when you were involved in the accident. The solicitor will use the medical file to decide what injuries need to be compensated. This is why it is so important that you have a medical check-up immediately after n accident either in a hospital or at your local GP’s surgery.

The Police.
In the case of a road traffic accident (RTA) the police who witnessed the accident or arrived at the scene in the immediate aftermath will communicate with your solicitor. Your solicitor should get a copy of the police report as this will be used as evidence. A policeman may be called to give evidence in any civil court case for damages if necessary.

Witnesses.
Any people who witness the accident should give a statement to the authorities. Witness statements greatly support the claimant’s case. However, these statements should never be obtained personally by the injured person. A solicitor or a private inquiry agent employed on the client’s behalf will usually obtain signed statements which will verify the client’s version of events.

The Evidence.
There is a positive correlation between the amount of evidence collected and the success of the accident claim in most cases. Clients are recommended to take detailed photographs of the location and any injuries. If you are claiming compensation for injury then you should keep a diary of recovery and pain. This should include any entries on what kind of activities you can no longer enjoy, or how the pain intrudes on your ability to enjoy a ‘quality” life.

Accidents can happen anywhere but sometimes there is someone to blame for the physical or mental injuries that the victim suffers. Public places are the most common sites for accidents as their upkeep is often sub-standard. The following is an example of how the poor maintenance of a swimming pool could cause you injury without any wrong-doing on your part.

When a swimming pool is built and opened to the public, safety issues are considered and planned for. However, sometimes even the most thorough planning will not be enough to prevent an accident.

Trained lifeguards are typically on duty and their certifications are available for viewing, but their experience level may be in question. There are more dangers at a public pool than just the threat of drowning.

• Pool owners need to keep the surrounding pool areas safe from danger as well as just keeping lifeguards on hand. Most people will have bare feet and if there are loose tiles, sharp edges or uneven surfaces you could be at the end of an accident claim.

• Other swimmers at a public swimming pool also offer danger whether through carelessness or failing to pay attention to others around them. When a few become too rowdy they can hurt their people by jumping on them or hitting them by accident. Objects might also get into the pool which could hurt other people.

• Although pools use chemicals to sterilise the water, there is still the possibility for diseases to be spread form swimmer to swimmer.If the pool owners are not using the right chemicals this is more likely.

Nevertheless, these dangers should not stop people enjoying the summer with their friends at a local public swimming pool.

You will be able to have more fun at the pool if you make sure your actions do not put others in danger. Children need to be supervised by their guardians so as not to act inappropriately at the pool or interfere with their fellow swimmers.

Both those who swim at the pool and those who run it need to take responsibility for their safety and that of others around them.

Welcome to the new blog for Raleys Solicitors where we will be discussing all the latest news and stories from the legal world.

We hope you enjoy it!

The Raley Team.