Many of us shudder at the prospect of going to the dentist, as the very thought of someone drilling into our tooth opens up a house of horrors. However, it is well known that going for a check-up is good for your health and we know that we should place great trust into the professionals that are taking care of us.

In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even 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

It is essential that your dentist provides adequate treatment for your dental problem. Providing inadequate treatment by failing to recognise a serious problem could lead to the patient suffering from great emotional and physical distress. If it is clear that the misdiagnosis is the reason for the patient suffering hardship, the patient may be entitled to compensation

Carelessness by dentists

A careless mistake on the part of the dentist could lead to the patient suffering from personal injury. This can give rise to a clinical negligence claim.

Inadequate treatment

The dentist may be responsible for carrying out inadequate treatment over a period of time. The dentist’s action could result in personal injury to the patient. If it can be shown that another dentist in the same professional capacity would not have made the same error in judgement, then the patient may be able to make a claim.

Drug usage for the patient

Providing the patient with the wrong dosage of drug can have catastrophic consequences for the patient. Similarly, failing to make note of the patient’s allergy by not examining the forms properly is another serious error sometimes made by dentists. These are serious errors that can give rise to a compensation claim.

If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.

Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

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

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.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient’s life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

What is involved in making a claim?

In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:

* 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 order to establish whether to give compensation, the courts use what we call the ‘balance of probabilities’ test. Therefore, if it is agreed by the experts in the same speciality 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 applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, 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:

* Failure to follow up on test results

* Failing to order new tests

* Failing to spot early symptoms

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to notice a lump during the screening process

The list outlined above are just some of the crucial mistakes that doctors make which lead to great anxiety and stress for the individual. If these diagnoses were made early on, then it would mean less pain and hardship for the individual.

If you have been affected by misdiagnosis of cancer and wish to gain further advice, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding.

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

Passengers obtain injuries in a bus, car, or any other vehicle that gets involved in an accident. It is not unusual for passengers to make a claim. If you were in the vehicle at the time of the accident you can make a passenger accident compensation claim.

Most likely you were in the wrong place at the wrong time. It is the driver’s responsibility to make sure that the passengers are safe at all times. The driver should be driving carefully and this applies to other road users as well. This is why when an accident occurs, the passenger has a strong legal basis for being able to make a claim.

Making a claim 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 more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.

It should be borne in mind that the amount of compensation you receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. Your compensation may be reduced if you were not wearing one, so be prepared for this.

Making the driver of the other vehicle involved 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, Personal injury Lawyer, Holiday accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should 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.

Making your case for compensation

You will be feeling horrified by the botched surgery, and now will be looking to seek a claim. You can be rest assured as every plastic surgeon that operates on you owes you a duty of care during and after the operation. Under their wing, you should be able to feel secure in the knowledge that your operation will go well according to the correct and agreed procedure.

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.

Before you decide to undergo plastic surgery, you should bear in mind some crucial points. A proper plastic surgeon will always:

Be a well-qualified plastic surgeon

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

Inform you of all the risks involved in the procedure

Give you the option to consider alternatives

Give you appropriate time to think about your options

Your plastic surgeon may have been negligent in using the wrong instruments to perform the surgery or made another error that resulted in you being emotionally and physically scarred. If you have personally suffered as a result of your surgeon, you have a right to make a compensation claim.

There are a number of things that can go wrong in plastic surgeries, however some of the more common complaints include the following:

Lack of adequate information regarding the risks involved in the procedure

Suffering nerve damage during a facelift

Extensive scarring during a procedure such as liposuction

Scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our 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 Solicitor, solicitor, plastic surgery compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Laser eye surgery is becoming increasingly popular in the UK. If the procedure is performed in the correct manner it can lead to great results for the patient concerned. The patient will be able to enjoy a better quality of life and the procedure itself is not that long. However, as with any surgical procedure, laser eye surgery comes with risks and on occasion, complications can occur.

This procedure is used to correct long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.

Complications and risks involved in the surgery

There are many benefits of having laser eye surgery, but what about the risks? For instance some patients come out of the surgery with new visual problems, such as developing a glare. Other patients experience dry eyes. In addition, some candidates are not suitable for laser eye surgery at all. It is the doctor’s duty to screen the candidate thoroughly in order to establish the candidate’s suitability.

The complications experienced by patients can vary from case to case. Some patients experience minor problems such as pain and sensitivity which can be solved. However, in other cases the consequences can be particularly serious with some patients suffering from cornea scarring to in some tragic cases even 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.

The process of making a claim

There are a number of things that will be considered such as:

* The full nature and extent of your injury

* Your recovery rate from the injury and whether it has any long term consequences

* The amount of losses you incur as a result 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, Lawyer, Eye surgery claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Suffering from a burn injury is not just physically painful. It can be one of the most distressing episodes one can face in their lifetime depending on the severity of the injury. The more fortunate ones escape with minor burns that are easily treatable. Unfortunately some suffer more horrific burns which result in permanent scarring, nerve damage, or even death. The trauma associated with suffering these burns can stay with the individual for the rest of their life.

We use hot objects daily, and one minor slip can lead to somebody getting seriously burned. On a daily basis we use objects such as kettles and irons, which increases the risks of getting burned. There is also risk of sustaining burn injuries in public places and at work. Sometimes the burns are relatively minor, in which case they are easily treatable. However, other more severe burns can affect muscle tissue, bones and blood vessels.

A person can be exposed to burns from a range of different substances. For example, strong chemicals and radiation can cause severe burns. Many people might not be aware of side effects caused by burns such as smoke inhalation leading to respiratory problems. Therefore, burn injuries can be more complicated than most people would apprehend.

Burns are usually classified as first, second or third degree burns, each one outlining their individual severity.

Suffering from burns at work

You should note that your employer owes you a duty of care when you are at work. This is especially the case if you are working with dangerous materials that could be a risk to your health. Your employer should ensure that all the equipment and tools are in good working order, as even they can lead to burn injuries.

Your employer should provide you with adequate safety equipment if you are working with materials, and you should have undergone some health and safety training on how to keep yourselves safe.

Burn injuries in a road accident

When people think of a road accident injury the most common type of injuries that come to mind are whiplash or broken bones. However, many victims end up with severe burn injuries from road accidents. This can occur when the car catches on fire due to a collision with another vehicle or a fault within the car itself.

Burn injuries at other public places

Sometimes people suffer terrible burn injuries when they are out with friends or family at a cafe or restaurant. Surrounded by plates of hot food and drinks, a fatal spill can lead to burn injuries. Even a member of staff could accidentally slip and spill a hot drink all over a customer.

Making a claim for compensation

Like most other personal injury claims, if you can prove that your burn injuries occurred as a result of someone else’s negligence, you will have a good cause for making a claim. For instance if you feel that your employer was responsible for your burn injury, you can make a claim against your employer. Our solicitors will examine your case and advise you on your next steps.

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

Amputation claims come in different forms from loosing a leg to loosing a toe or finger. No matter which part of the limb is lost, the results of the amputation can be devastating for the individual. The consequences of the amputation are so far-reaching, that it can take a life-time for the individual to fully recover. The level of time and care that will be needed will depend on the individual situation and the coping mechanisms of the individual concerned. If you have been victim to this, whether or not you will be able to make a claim will depend on how you lost your limb.

Traumatic amputation

A traumatic amputation claim can arise when somebody suffers a loss of limb during a serious accident. This can happen anywhere, such as in a traffic accident, at the workplace, or in a motorbike accident. These injuries can be complete, or even partial where some soft tissue remains, however the body part is completely crushed. If you have suffered under these circumstances and wish to make a claim, it will be necessary to be able to prove that someone else was wholly or partially responsible for the amputation taking place.

Making a surgical error claim

This is when a surgeon removes a limb or a part of a limb that is causing a great deal of pain for the individual or is threatening to their health. However, as with any surgical procedure, complications can occur which can lead to great distress for the individual concerned. On some occasions, amputation of a limb was not part of the original plan, however the patient ends up losing a limb due to the surgical procedure going wrong. The patient will be able to make a claim based on both the surgical error and the amputation.

Misdiagnosis claim

Arguably the most devastating form of medical negligence is wrongful limb amputation. These are in extreme cases where limbs have been amputated due to misdiagnosis. On some occasions, the wrong limb has been amputated. The patient is likely to feel a multitude of emotions under these devastating circumstances, and will find it hard to cope. The patient will have to prove that the limb that was amputated was not putting their body at risk.

The loss of a limb as a result of a serious accident, or due to a surgical error can have devastating life-changing effects on the individual. If you have suffered a loss of a limb as a result of faulty treatment or an accident, you are likely to be feeling uncertain about your future and how you will cope emotionally and financially.

Depending on the nature of the situation, some may be able to return to their normal course of employment, whilst others will struggle. Others need an extended resting period in order to fully rehabilitate. If you have unfortunately suffered a loss of a limb in an accident that was not your fault, you may be able to make a claim for compensation.

Our specialist solicitors will examine your case with sympathy and sensitivity. We are deeply aware of the traumatising effects such a loss can have on the individual.

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

Being bitten by a dog can be a terrifying experience, one that is likely to stay with the victim forever. This is because the injuries sustained are not just physical, but are likely to have a psychological impact too. It is true that certain breeds of dogs are more prone to attacking than others. Many of these dog breeds include Pit Bull Terriers, and Rottweilers. However, it should be noted that whilst some dogs are more likely to attack than others, some of the less likely breeds can also attack.

A dog attack compensation claim is more likely to succeed if the claimant can gather evidence to demonstrate the dog’s aggressive past tendencies. The dog in question may have a record of biting previous bystanders or family members. If this can be shown, then it more likely that the compensation claim will be won and the owner of the dog will have to pay compensation. The owner is responsible for the dog and it’s behaviour towards others. The dog should be particularly controlled and restrained if it has aggressive tendencies.

Unfortunately, young children are the most at risk from a dog attack as they are one of the most vulnerable members of society. Many of the attacks involve children, as their innocent and playful nature make them easy victims for the dogs. This is why it is essential that a young child be never left alone with a dog, regardless of whether it has posed a danger before or not. Many dog bites occur from dogs that had never even bitten anyone before. Remember, there is always a first time for everything.

According to the Dangerous Dogs Act 1991 certain breeds of dogs are required to be muzzled when in public places and micro-chipped. If the dog that attacked you falls under this act and was not muzzled, your claim is likely to succeed. This is even if the dog had not shown previous signs of aggressive behaviour.

How to avoid being attacked by a dog

If you happen to be near a dog which is growling at you and you feel an attack is imminent, there are some things you can do to alter the situation. Try to keep as still as possible and avoid looking directly at the dog. Hopefully the dog will eventually lose interest. Of course the natural reaction would be to run as fast as possible in the other direction. However this may only excite the dog into chasing you which could result in something ugly.

What you should do if you have been bitten

It is possible that your tactics did not work and you ended up getting bitten anyway. Whichever way it happened, you should seek medical attention as soon as possible. Even if you think it is minor as it could lead to infection. Secondly, it is important that you report this incident to the police or local authority. This will help prevent any future attacks.

If you have been a victim to a dog attack, you may be entitled to compensation. Our solicitors will assess your case and talk you through the process of making a claim.

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

We all know that playing sport can be a risky business. Depending on the nature of the sport, injuries can occur at any time and are often non-preventable. Therefore anybody participating will be naturally aware of the risks involved in game play. Nonetheless, in some cases an injury may occur that was not part of normal play. Under these circumstances it may be possible to make a claim for compensation.

Therefore injuries sustained out of normal physical contact or from genuine errors will not normally give rise to a claim. However, if there has been any form of foul play involved on the part of a competitor such as malicious behaviour, then that could give rise to a claim.

Some typical examples of injuries are:

* Players injured on badly maintained surfaces

* Defective facilities or equipment

* Malicious or violent conduct by competitors

* Failure in supervising or instruction giving

These are just some of the examples of accidents occurring that are not considered to be part of the normal course of ordinary play. These types of circumstances could call for 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

Seeking medical attention is paramount if you sustain a sports injury. This is important even if you think the injury is minor. Your doctor will be best able to examine the seriousness of the injury and give you the right treatment for it. Secondly, your medical records will be useful to you later on if you decide to make a claim for compensation.

It will also help your case if you collect as much information as possible. This would involve reporting the accident to to any member of staff around at the time, collecting names and addresses of any witnesses around at the time of the incident, and any photographs if possible.

If you have been victim to a sporting injury and are unsure on your next steps, our solicitors are here to help you.

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

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.

In order for a claim to be brought forward, the patient will need to show that the treatment provided by the medical practitioner was substandard, and that this resulted in the physical or mental injury to the patient. Despite doctors and other medical practitioners generally providing a high level of service to their patients, there have been reported incidents where patients have complained about not being notified on possible risks in treatment, and many other careless mistakes that should not have happened.

There have been some shocking reports on some patients finding foreign objects such as clips and screws left behind. 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:

GP’s

All NHS medical staff and hospitals

privately funded health practitioners

all NHS medical staff and hospitals

GP’s

The Duty of Care explained

For the claim to be successful, the patient will have to prove that some serious errors were made in the course of treatment, which no other competent doctor would have made. If however, it is shown that another doctor within the same speciality would have endorsed the same method of treatment, and then it is unlikely the patient will succeed in their claim.

The medical practitioner is personally responsible for keeping up to date with the latest developments in healthcare and should this claim be brought forward, it will be a major consideration. In making the judgement regarding the medical practitioners’ method or standard of treatment, the assessment will be made according to the standards and medical knowledge prevailing at the time of the incident.

In order for the claim to be a success, the patient will have to prove that it was the actual error on the medical practitioner’s part that made a substantial contribution to the injury or damage suffered. It will also need to be shown that the medical practitioner’s error was a separate incident to the patient’s underlying condition.

In the case of was Bolam v Friern Hospital Management Committee it was stated 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’.

Expert medical witnesses will need to provide evidence that they would endorse the same method of treatment, and this would thus fill the requirement outlined in the Bolam case. Commentators have argued, however, that there are many problems with this as often, there can be more than one way to treat a condition, and either method can be acceptable. However, once a recognised body of medical practice has proven that they would endorse the same method of treatment, it is unlikely that the doctor will be found in breach of his duty of care.

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 solicitor, Personal injury Lawyer, compensation claims solicitors, find a solicitor, legal, lawyer, law help advice, solicitors litigation