Medical Negligence

Blepharoplasty is a surgical procedure best known as an eye bag lift. It is mostly done as an elective procedure for cosmetic reasons. It is commonly done to improve both the lower eyelid bags and reduce the wrinkling of skin.

It is also done for medical reasons. Sometimes the upper eyelid skin may protrude over the eyelashes and cause a loss of peripheral vision. This can affect activities such as driving and reading. The surgery is performed to improve peripheral vision.

Blepharoplasty is performed by ophthalmic surgeons. To minimise the visual scarring the incisions are normally made following the natural skin lines of the eyelids. This would be the upper crease on the upper eyelid and below the lashes of the lower lid.

Once the initial swelling and bruising subside the patient started to see whether it has worked or not. The fall cosmetic benefit cannot be seen for several months when the results become stable. The cosmetic outcome and the functional outcome can all be affected by skin quality, the patient’s age and the adjacent tissue.

Complications of the procedure can include:

• - The exacerbation of pre-existing dry eyes
• - Excessive laxity (looseness) of the lower eyelid causing it to be out of position
• - Post-operative bleeding requiring emergency treatment or surgery
• - Blindness caused by internal bleeding around the eye during or after surgery. No surgeon can predict when this may happen and the risk is rare
• - Infection
• - Scarring. No surgeon can predict what your scars will look like
• - Damage to nerves and blood vessels
• - Damage to the eye muscles

Any surgeon performing blepharoplasty for cosmetic reasons should give you a full breakdown of the risks of the procedure. Do not feel ashamed to ask how often those risks have occurred to the surgeon’s patients.

As with all cosmetic procedures, the clinic or surgeon should check that the patient is a suitable candidate the surgery and does not have any background medical or psychiatric history that would indicate a poor outcome. If the surgery is not being done for medical reasons then the onus is on the surgeon to make sure that no harm will be done. There are non-surgical alternatives to blepharoplasty for those wishing cosmetic result.

Price Slater Gawne work with independent ophthalmic surgeons and cosmetic surgeons to investigate blepharoplasty claims cases for clients. We can help you obtain compensation if you have been injured by a negligently performed blepharoplasty.

Pressure Sores/Ulcers Claims are on the rise in recent years. Pressure sores (sometimes called pressure ulcers or bed sores) are becoming more common. Florence Nightingale managed to reduce the number of pressure ulcers by implementing a regime of regular patient turning. Nurses have known since the Crimean War that unrelieved pressure causes bedsores.

All patients need to be assessed for their risk of pressure ulcer formation. Many hospitals use the Waterlow scoring system. This takes into account all the factors that can contribute to a pressure ulcer forming. These factors include;

• - age
• - mobility (whether the patient can get around or move themselves)
• - other medical conditions such as diabetes
• - ability to eat and drink
• - level of consciousness

The assessment should not be just carried out once. The patient should be constantly reassessed. A patients condition may deteriorate or they may be given medication that reduces their level of consciousness resulting in an increase in their risk of pressure sores forming. Pressure sores do not happen overnight. As part of basic nursing and immobile patient should be washed and pressure areas inspected. Pressure areas include; the sacrum (lower back) the shoulders the heels the elbows any point that is left in contact with a bed or chair.

Pressure sores graded by severity. A grade 1 sore is usually just a reddening of the skin. A grade 2 sore will involve a break in the top layer of skin. A grade 3 sore has more damage to the underlying tissue. A grade 4 sore has damage to the deep tissue and in some classifications means the bone is visible. Some classification systems involve a grade 5 sore where the bone is visible.

Any break in the skin exposes the patient to a risk of infection. Allowing a pressure sore to get beyond grade 1 (or grade 2 in some cases) is inexcusable. The correct use of pressure relieving equipment and appropriate specialist care from a tissue viability nurse should prevent further damage.

Historically it has been suggested that 5% of patients will inevitably suffer some form of pressure sore. That is a matter that is often disputed but reflects the fact that in some terminally ill elderly patients providing pressure care would be more distressing and therefore allowing some pressure damage can be justified. In all other cases if someone is at high risk of pressure damage than they should receive the necessary care to prevent all bought superficial damage or excoriation (a small tear).

A pressure sore often delays a patient’s recovery and in some cases can delay rehabilitation resulting in increased need for daily care and support. Anyone who develops a pressure sore becomes at increased risk of future pressure sores in that area.

Pressure sores are man made (iatrogenic) injuries and should not be as common as they are. Recent concerns regarding nursing standards have prompted calls for better training. It should not be necessary to improve training in something that is basic and that has been known about since the Crimean War.

We can help you to make a pressure sore/ulcer claim and get compensation if you, or a member of your family, have suffered a pressure sore.

Having a baby should be the most wonderful thing that happens to a couple. This is the stage of life at which we are most vulnerable. The period between conception and birth can be fraught with risk. No more so than the delivery itself. Thankfully most babies are delivered without incident and naturally (vaginally).

Some births are not so straight forward. In some cases the baby can become distressed at some stage during labour. This is usually a sign that the baby lacks oxygen. The CTG traces that all new mums become familiar with are the first warning signs that something may be going wrong. The 2 lines on these traces should mirror each other so when the top line dips (indicating the baby’s heart rate) the bottom line should show a corresponding change (the bottom line shows the contractions). Broadly speaking the baby’s heart rate should decelerate with each contraction and accelerate once it stops. Decelerations without contractions or a heart rate that is not recovering from contractions could all be signs that the baby is in distress.

Midwives should know when to call for an obstetrician to come and assess a labour. Obstetricians should know when to take a sample of the baby’s blood from his/her scalp. If the results from that test show too acidic a result then they know that the baby does not have enough oxygen for some reason (could be problems with the umbilical cord or the placenta not working as well as it should) and that quick delivery is required. Sometimes using forceps is the correct response and in others performing a Caesarean section is the answer.

Failure to expedite delivery by one method or the other (usually Caesarean section) can lead to the baby suffering a period of Acute Hypoxic Ischemia (death of some brain tissue due to lack of oxygen). The resulting birth injuries can vary in degree and impact. Some babies are left with impaired cognitive function and physical injuries. The condition is known general y as Cerebral Palsy.

When this happens it means a life time of care is required by the child. Here at PSG we can get the compensation needed by making birth injury claims to ensure that the child is properly cared for and has the necessary equipment and accommodation to allow them to be as independent as possible.

Bad backs are common problems. They can cause back ache and referred pain to other areas of the body. Many back problems can be treated with physiotherapy or simple rest. Some back problems are more serious, and require spinal surgery. The back is made up of multiple bones (Verterbae) which are separated by discs. Each disc is surrounded by annular tissue which is one of the hardest substances in the human body. As we age this tissue deteriorates and the disc can bulge or protrude out. It is these protrusions or bulges that are often the cause of the pain.

The spin carries our central nervous system. This is the system of nerves that runs from your brain to each part of your body. When the disc bulge presses on a nerve it causes pain or numbness.

Spinal surgery is performed by spinal surgeons who can be neurosurgeons or orthopaedic surgeons who specialise in spinal surgery. You can be referred to either for the same condition.

Spinal surgeons can relieve sciatic pain or other pain caused by a disc protrusion by trimming the disc to free up space around the nerve root. In some cases they use metal frame work to support vertebrae that are no longer stable.

Spinal surgeons also treat people who have suffered fractured necks or who have been involved in serious accidents where the spinal cord has been damaged or severed.

Injuries arising from spinal surgery can include:

• Paralysis
• Loss of sensation in extremities (hands & feet)
• Continued pain or worsened pain
• Loss of bowel or bladder function
• Death

Spinal surgery claims require specialist knowledge both of the surgical complications but also of the rehabilitation requirements and issues affecting people with spinal injuries. We will work with you to get the funds you need to ensure that you have the care and facilities you need to live as full a life as you want despite your injuries.

We offer a true No Win No Fee service. We will never ask you for money and you will receive 100% of your compensation.

From time to time we break bones. Straight forward breaks can be treated conservatively with a cast and physiotherapy. Sometimes fractures can be more complex. There are various medical terms for more complex fractures such as comminuted or displaced. These fractures often require surgical fixation. Surgery may involve metalwork that is placed inside the bone (internal fixation) such as pins or intra medullary nails or it may involve external wires or frames (external fixation).

Some people also have orthopaedic surgery to correct deformities. These may be a leg length discrepancy (one leg shorter than the other) or a valux of valgus (inward of outward pointing) deformity of a joint. Other people may have surgery to fuse a joint to prevent pain caused by an earlier fracture or osteoarthritis.

When our joints wear out they can often be replaced with prosthetic joints. Hips, knees and shoulders can be repaired in this way. Putting the joint in incorrectly can cause further problems and in some cases result in joints having to be fused so they no longer move.

Mistakes in orthopaedic surgery can result in many complications including:

• Malunion (the bone setting in wrong position)
• Non union (the bone does not heal)
• Avascular necrosis (bone tissue dying)
• Infection causing failure of hip & knee replacements
• Permanent plating or other internal metalwork
• Atherodesis of joints (fusing them closed)
• Amputation of limbs
• Reconstructive surgery
• Bone grafting

We can help you put things right by making orthopaedic surgery claims. We offer a true No Win No Fee service. We will never ask you for money and you will receive 100% of your compensation.

The NHS provides some of the best healthcare in the world and we are right to be proud of it. However sometimes the high standards we have come to expect are not met. When things go wrong with medical care you need to know that things can be put right. No one can undo the injuries you suffer but here at PSG we can help you get back to where you want to be.

We offer NHS hospital claims service on a true No Win No Fee basis. There is no cost to you win or lose. We will not take any of your compensation and we will not ask you for money up front. We will give you a quick answer about whether we can help and we will give you honest advice about what is involved and how long it will take.

PSG will help you get the compensation you need through HNS hospital claims to start again and move on with your life. Calling us will be the start of the recovery process.

We can recover compensation for your injuries, your financial losses and the cost of any future care or rehabilitation needs you may have.

We are specialist medical negligence solicitors. We can help you with claims arising from care provided by NHS hospitals, private treatment centres working for the NHS, General practitioners (GP), community treatment teams, community mental health teams and any other care provided by an NHS service.

Call us if you or any member of your family has been affected by poor treatment that you believe may be negligent.

We specialise in claims against the NHS. For most people, taking on the might of the NHS in a legal claim can be a minefield. With Price Slater Gawne on your side, the worry is taken away.

We’re fighting for your rights to make sure you get the compensation from the NHS that you deserve. We don’t take ‘no’ for an answer. Neither should you.

We recognise that much of the care provided by the NHS is excellent and that staff are generally dedicated and skilled. However, errors often arise due to communication errors, unsafe systems or understaffing. When you or a loved one receives care which is so poor as to be negligent, you have the right to compensation.

We specialise in all types of claims relating to hospital treatment including:

• - Surgery claims
• - Medication errors
• - A&E claims
• - Obstetrics and gynaecology claims
• - Psychiatric care
• - Cosmetic surgery compensation
• - Nursing care and pressure sores

You can read on for more information, contact us to discuss your potential claim or request a callback using the form on the right.

Over the years the partners at Price Slater Gawne have successfully pursued hundreds of surgery claims.

We have a great deal of experience helping people who have been injured by negligent surgical treatment. Problems can arise in all types of surgery but amongst the most common are injuries from bowel surgery, errors in orthopaedic surgery and negligent cosmetic surgery. Problems which can arise in relation to surgery include:

Failure to give adequate warnings about the risks of surgery
The surgeon choosing the wrong type of surgery, using the wrong technique, or making an error during the surgery
Delays in surgery taking place
Problems with anaesthetic
The surgeon failing to realise during or after surgery that something has gone wrong, leading to a delay in further treatment

If you have experienced any of these problems, or any other injury caused by surgery then we would be pleased to discuss things with you. Please contact us or request a callback using the form on the right

We have helped many people who have suffered due to errors in the prescription of medication.

Problems can arise when a doctor makes an error in the prescription or the pharmacist dispenses the wrong type or wrong amount of medication. Such errors can lead to overdoses or, over a longer period, dependency on certain medications. Many medications, including immuno-suppressants such as Azathioprine and potent antibiotics such as Gentamicin, are well known to cause injury if administered without strict compliance with the manufacturer’s guidance.

If you or a family member has suffered injury due to a medication error please get in touch and we can give you advice about whether a claim can be made.

The partners at Price Slater Gawne have pursued many claims relating to negligent treatment in accident and emergency departments.

Errors in A&E care usually arise from failures to assess patients properly, leading to them being discharged despite serious medical conditions. Accident and emergency doctors and nurses are trained to recognise signs of more serious illness but all too often incomplete assessments can lead to important symptoms being missed or wrongly assessed. Sometimes delays of a few days or even a few hours can be detrimental to the long term recovery of the patient.

If you think that you or a family member might have been injured as a result of errors in A&E care then please give us a call so that we can tell you whether you might have a claim.

At some point in their lives most women will have treatments of Obstetrics and/or Gynaecology. When such treatment goes wrong there is an understandable distress caused. The impact of injuries caused is not always just physical but often emotional and sometimes psychiatric.

We have great experience pursuing Obstetrics and/or Gynaecology claims on behalf of women and babies injured as a result of negligent obstetric care and/or negligent gynaecology care. We deal with these cases sensitively and using the expertise gathered over many years.

If you would like to discuss a possible claim then please give us a call or use the form on the right to arrange a call back.

Treatments provided by obstetricians and gynaecologists include:

• • fertility treatment,
• • care during pregnancy (ante natal),
• • assisted delivery or surgical delivery of a baby,
• • an episiotomy repair following a delivery,
• • treatment of a prolapsed uterus or bladder,
• • a hysterectomy,
• • treatment of endometriosis
• • treatment of heavy or irregular periods (menorrhagia)
• • Treatment of uterine cancer
• • Treatment of ovarian cancer
• • Treatment following and ectopic pregnancy
• • For a laparoscopic sterilisation (salpingo oophorectomy, oophorectomy, salpingectomies)
• • Treatment for incontinence

Complications of obstetric and gynaecological treatment can include:

• • An unnecessary hysterectomy
• • Unnecessary further surgery
• • Loss of sexual function or painful sexual intercourse (dyspareunia)
• • Shortened life expectancy
• • Urinary incontinence
• • Abdominal scarring
• • A stillborn child (foetal death)
• • Infertility

We work with Independent obstetric and gynaecological surgeons to determine where unnecessary and avoidable injuries have been caused. We are specialist medical negligence solicitors and have helped many women investigate their claims and pursue compensation.

We understand that you may not wish to discuss your case with a male solicitor. Please tell us if you would prefer to talk to a female solicitor when you call or request contact.

We have particular expertise dealing with claims arising from psychiatric care. This includes care of patients at NHS hospitals, private clinics and care provided to services personnel suffering from Post Traumatic Stress Disorder (PTSD).

Negligent psychiatric care at NHS hospitals or private clinics can often arise from failure to assess properly the risk to the patient of a particular action or treatment. This can lead to patients not having the protection that they require as a result of their illness. Sometimes failures occur in the monitoring or observation of patients. For some patients the effects can be devastating, including severe self harm or suicide.

The partners at Price Slater Gawne have pursued more successful PTSD cases against the Ministry of Defence than just about any other solicitors. Cases usually arise from the failure of officers to recognise signs of likely PTSD in their men and refer them for appropriate help and treatment. These cases need to be run by specialist solicitors with experience in the particular demands of suing the MOD – Price Slater Gawne have that expertise.

We would be pleased to discuss your situation with you and give you free advice on whether you might have a claim.

More and more people require help from psychiatrists. It has been estimated that as much as 50% of the population will need some form of psychiatric care at some point in their lives. This care could be in the community (provided by GPs and Community Psychiatric Nurses) or it may involve admission to hospital on a voluntary or involuntary basis (involuntary admission has to be in accordance with the Mental Health Act).

Modern psychiatry has come a long way in helping those with mental health issues. Modern drugs can be very successful in association with the right talking therapies (psychology). Not everyone responds to treatment but where someone would have responded, not helping is inexcusable. Tragically the NHS does not commit as many resources to this area as are probably required but despite that most teams provide a good level of service.

Here at PSG we have developed a high level of experience in dealing with these cases. We have acted for people who have lost loved ones as a result in failures in care leading to preventable suicides and for patients who have had un-necessary periods of illness due to failures in their care.

Situations that may give rise to claims may include:

• • Failure to properly monitor a patient formally admitted to hospital and at clear risk of suicide resulting in a preventable death
• • Failure to admit a patient to hospital under the Mental Health Act (there are various options under the act but all should prevent immediate harm) resulting in suicide or attempted suicide
• • Failure to monitor medication withdrawal properly resulting in preventable relapse of illness
• • Failure to correctly diagnose a treatable condition resulting in years of un-necessary distress and suffering

If you or a loved one has been affected by failures in psychiatric care then we can help put things right. We can get you the compensation you need to help with the cost of caring for those left behind following suicide. We can get the compensation needed to make good the losses suffered after years of untreated mental health issues keep you from working.

Increasing numbers of people (men and women) are seeking cosmetic surgery. Programs such as Channel 4′s “10 years younger” have removed any stigma that was once attached to having cosmetic surgery. Cosmetic surgery has become a normal part of life in the UK.

Cosmetic surgery can even be provided on the NHS in some instances. Most will have their surgery through private clinics. Few will check the insurance of the clinic or the surgeon though it is not presently mandatory for surgeons to carry insurance. Most clinics appear to offer surgical procedures when in fact the small print reveals that they offer an introduction to a surgeon. The clinics often only carry insurance to cover their own staff. The surgeons and practitioners providing the treatment are almost always independent.

We have investigated many cosmetic surgery claims. We have recovered compensation that those injured by cosmetic surgery. In many cases there was something in the medical history of the client that should have prevented the surgeon from offering surgery. This is often overlooked by those who are not specialist solicitors with experience of cosmetic surgery claims.

The various treatments on offer include:

• • Breast augmentation
• • Breast reduction
• • eye bag lift (blepharoplasty)
• • face lift (MACS or traditional)
• • dermal fillers
• • Botox injections
• • nose job (rhinoplasty septo-rhinoplasty)
• • tummy tuck liposuction (VASER or smart lipo)
• • bariatric surgery (Weight loss)
• • gastric bypass
• • gastric banding

Whilst such surgery is often described as being routine, that does not make it without risk. All surgery carries inherent risk. The general anaesthetic carries risk. Any surgery can cause internal bleeding or infection. Each procedure has its own inherent risks that should be brought to the patient’s attention before they agree to surgery.

n many cases prospective candidates for cosmetic surgery require some form of psychological assessment to ensure that they will get a good outcome from surgery. A history of depression has been shown to result in a poor outcome and a very unhappy patient. In some cases it results in further psychiatric injury.

Some unfortunate patients are left with noticeable and unacceptable scarring as a result of their surgery.

We can help you obtain the compensation you deserve if you have been injured by a cosmetic surgeon. At Price Slater Gawne we believe that cosmetic surgery is purely elective and as such the presumption that the surgeon is only trying to help does not apply. There are acceptable risks that people will take when surgery is necessary to treat a condition that is either a life threatening or causing discomfort. Those risks ceased to be acceptable in the pursuit of profit. All private cosmetic surgery is motivated by profit.

PSG have great experience assisting people who have been injured as a result of medical negligence by general practitioners.

Claims against GPs usually relate to a delay in arranging tests or referring a patient for a specialist opinion from a hospital doctor. The vast majority of the patients seen by GPs will have minor ailments but one of the essential skills is to identify which patients might have more serious conditions and to arrange the correct tests or referral. Delay in diagnosis and treatment can reduce or remove the likelihood of the patient making a full recovery. If this has happened to you then please get in touch and we can advise you on whether you might have a claim.

GPs are the central hub around which our health care is based. They treat most conditions without the need to send someone for a specialist opinion or to hospital.

Not all headaches are brain tumours and not all backache requires a MRI scan and referral to a neurosurgeon. GPs are there to identify those who can be treated in a primary care setting (GPs, Practice nurses, physiotherapy) and those who need to see someone more specialised.

General Practice has moved on significantly and GPs now treat more and more conditions in the community. We ask a higher level of skill from our GPs and the pressures on them are growing. However that does not excuse mistakes in care that cause injury or death.

There are circumstances where specialist input is required. GPs may not be specialists in all fields but they are expected to know when someone else’s input is needed. In some cases their job is to spot when an urgent referral to hospital is needed.

Most cases where GPs have provided care that falls below an acceptable standard relate to failures to identify cases where onward referral is needed. These situations can include:

• • Headaches associated with neurological symptoms that should cause concern (eg weakness in a limb or altered reflexes when tested)
• • Rectal bleeding in those aged over 50 or where there has been no improvement in symptoms after a suitable period
• • Prescribing sleeping tablets or strong sedatives without adequate follow up and assessment
• • Failing to identify lumps on examination resulting in breast (and other) cancer being missed
• • Not prescribing correct medications following surgery
• • Not recognising symptoms of Cauda Equina Synrome

Cases against GPs can also include situations where the treatment they are providing is not carried out correctly. These can include:

• • Failure to spot a deterioration in a psychiatric patient treated in the community
• • Not performing deep intra-muscular injections properly causing fat atrophy and scarring
• • Prescribing medication that a patient is allergic to or should not be taking due to other health concerns (this is called being contra-indicated) such a non-steroidal anti-inflammatories to someone with a history of gastric ulcers.

At PSG we can help you move on from these mistakes and put your life back together. We can help you get the compensation you need to pay for treatment or to replace lost earnings.

The diagnosis of cancer is devastating for anyone but sometimes patients feel that cancer should have been diagnosed sooner. We have advised many patients on their legal rights in that situation.

In some cancers early diagnosis can make a difference to whether the cancer can be removed surgically or to the likelihood of successful treatment. If your prognosis has been made significantly worse by a delay in diagnosis then you might be able to bring a claim to benefit you or your family. If you would like to discuss this then please contact us.

Nursing care claims can arise in hospitals, nursing homes or when patients are being cared for in the community. In particular, pressure sores are almost always avoidable with correct identification of patients likely to be at risk and proper management of those patients. If you or a loved one has sustained a pressure sore or any other injury as a result of nursing care then please give us a call or complete the call back form on the right.