What to do after a faulty product injury?

When a product – whether new or old – causes you a personal injury, you might understandably be confused about how it was allowed to happen.

The UK was recently made aware of just how dangerous faulty products can be. When the new year began, Whirlpool began a nationwide recall of washing machines that had been found to be a fire risk.

This is a particularly worrying form of product fault as it can cause physical harm as well as potentially completely destroy a property and all possessions inside it.

So if you’ve been the victim of a faulty or defective product accident, what should you do?

Injuries after these accidents

As there are so many ways a product can malfunction, there are many ways you might be injured in such an accident.

The types of injury you might suffer include:

  • Electrical shocks or burns from defective electronic items
  • Rashes or scratches from fabrics, including furniture
  • Faulty prosthetics and hip replacements that break easily
  • Skin irritations or rashes from faulty cosmetics
  • Falls or other injuries from defective sporting equipment, such as treadmills
  • Injuries from defects in cars, such as faulty brakes
  • Illness caused by contaminated or poisoned food

Who is responsible?

In the majority of cases, the responsibility for a faulty product injury lies with the manufacturer. They are responsible for ensuring that every item they produce works effectively and safely. If they have not done so and a product is then found to cause harm to a person or to their property, this could show neglect on the part of the manufacturer.

If they do discover that one of their products has a fault, manufacturers are legally required to notify consumers of it, as well as recall any items that have been sold. Therefore, if a manufacturer does not issue a recall, despite being aware of an existing fault, they could be liable for any damage and harm caused.

In some cases, you may be required to prove that your item caused an injury. This is particularly true when something has only revealed itself to be faulty after six months or more. You will have to show that it was not misuse or accidental damage that caused the fault.

What to do

If you’ve been the victim of a defective item injury, you could find yourself out of pocket. This could be the result of damage caused to your other property, including clothing, as well as the medical treatment you may need. And in many cases, this can run up large bills, particularly if you need private or ongoing treatment to recover.

The Consumer Protection Act 1987 allows people who have suffered an injury as a result of a defective item to recover compensation. This can cover the suffering you experienced through sustaining an injury and any other losses you sustain, such as replacing or repairing damaged property.

This is why it is important to keep any receipts from purchases you make. This can help to form the evidence for any legal action you take against the manufacturer responsible. Keep any other documentation that comes with the product. This can help to prove that the manufacturer did not make you aware of any fault.

As soon as you discover the fault, it is important to report it to both the manufacturer and retailer. The length of time you have owned the product will dictate their course of action – whether that’s a refund or a replacement.

However, if they do not acknowledge your complaint or refuse to accept their liability, this could mean that it’s time to seek out the services of a qualified personal injury solicitor.

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What’s new for employment law in 2020?

Many people expected there to be little or no change to employment law whilst the Government dealt with Brexit. It was thought that employment law would likely fall to the bottom of the legislative agenda whilst the Government dealt with the aftermath of the 2016 referendum.

However, on 6 April 2020, several significant changes to employment law are coming into force.

Good Work Plan

The way people work has changed dramatically over the past 30 years. Most people now work in an “atypical” manner – such as part time working, flexible working and working remotely.

The growth of the “gig economy” has changed the face of employment law in the UK.

The Good Work Plan came about as a result of the Taylor Review of Modern Working Practices. This was an independent review of employment law practices. The aim of the Taylor Review was “to consider how employment practices need to change in order to keep pace with modern business models”.

The Taylor Review put forward 53 recommendations and the Government has pledged to put almost all of these into place.

The Good Work plan is considered by many to be a major shake-up of employment law and will increase the employment law rights and protections that are afforded to individuals who fall into the “worker” category. It is expected that the Good Work Plan pledges will slowly work their way into law over the coming years.

Written statement of particulars

Major changes to written statements of particulars are coming into force on 6 April 2020. This change was pledged under the Good Work Plan.

Currently, only employees have a right to a written statement of particulars. At present, employees must be provided with a copy of their written statement of particulars within 2 months of starting work for an employer.

However, from 6 April, both employees and workers will be entitled to a written statement of particulars. Employees and workers will have a right to a written statement of particulars from the first day they start work.

Written statements of particulars will have to contain many additional details, such as details of benefits offered by the employer, details of training provided and details of probationary periods.

This will require employers to review their existing template contracts to ensure they are compliant with the new requirements coming into force on 6 April 2020.

Holiday pay

Holiday pay calculations can be complex, especially when a worker or employee works in an atypical manner.

Currently, employers need to use a 12 week reference period when calculating holiday pay.

From 6 April 2020, employers will need to look back a full 52 weeks to calculate holiday pay. It is hoped that this change will be fairer on both workers and employers and make holiday pay more reflective of the way an individual actually works.

Parental Bereavement (Pay and Leave) Act

The Parental Bereavement (Pay and Leave) Act will come into force in April 2020.

This legislation will give parents or carers an entitlement to at least two weeks’ leave following the loss of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy.

Employees with 26 weeks’ continuous service will receive paid leave at the statutory rate and other staff will be entitled to unpaid leave.

This update was provided by Employment Lawyers Inverness.

Image by Andrey_Popov on Shutterstock.

How dangerous can an office accident really be?

When you think of an accident at work, you’re likely thinking of an environment such as a construction site or warehouse. And you’d be right to. These workplaces typically see a lot more accidents and injuries than the quiet and – often – dull office.

But it can’t be denied – offices see accidents too.

Common accidents

Offices typically lack the kind of machinery that is common in construction sites and warehouses. But that doesn’t mean there are no hazards. Indeed, the very work office employees carry out puts them at risk for certain injuries. Repetitive strain injury is commonly experienced by workers using computers, while bad posture can result in neck and back pain.

However, it’s slips, trips and falls that are the biggest threat to office workers. According to the USA’s Centers for Disease Control and Prevention (CDC), these employees are up to 2.5 times more likely to suffer a serious injury from a fall than non-office workers.

The CDC pointed to tripping over open desks or drawers, cables, loose carpets or other objects in the employee’s path as specific trip hazards. Meanwhile, wet floors can lead to slips and using chairs rather than ladders can see falls resulting in significant injuries.

In addition, office workers can hurt themselves with poor manual lifting techniques. Offices feature a great deal of objects that often require lifting, from computer monitors to stacks of files. Employees can also bump into objects, like desks, cabinets and printers. They can also find themselves getting hit by objects falling from cabinets or hit the cabinet falling over.

Hidden hazards

Industrial disease is another potential threat to office workers. Those working in older offices may find that they’re surrounded by walls containing asbestos. Its use was only banned completely in 1999. A recent report found that 6 million tons of the carcinogen remain in roughly 1.5 million UK buildings.

This could mean that people working in these buildings are exposed to this toxic substance. The effects of exposure are most often deadly. However, those who develop mesothelioma, the cancer caused by asbestos, will not realise anything is wrong until many years – usually decades – later.

But once the disease has taken hold, death is usually rapid. This can leave patients with little time to organise their affairs and make arrangements for the end of their lives.

The Health and Safety Executive (HSE) reports that there are more than 5,000 deaths per year in the UK caused by asbestos, with 2,526 of those due to mesothelioma. Inhalation of asbestos fibres can also cause lung cancer, pleural thickening and asbestosis.

Surprising

When people with differing opinions who might perhaps never have met outside of work are put together for the majority of the day, tensions are bound to emerge. It may be surprising to many, but violence is a legitimate threat in the workplace.

The HSE found that there 694,000 incidents of violence at work reported in 2017/18, with 330,000 of those taking the form of an assault. The most common injury suffered was bruising or a black eye, while scratches were also common.

This could have a more serious impact on mental and emotional health, however. People who have experienced violence at work could find it difficult to return without experiencing anxiety. This could result in a drop in productivity and more long-term problems.

Although offices seem like safer workplaces, there is no guarantee that workers will be protected from harm. It is up to employers to ensure that they do all they can to keep workers safe.

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When GPs get it wrong

Our first port of call when we’re not well is usually our GP. And, in most cases, we’re treated effectively and sent on our way to recover.

However, there are instances when GPs get it wrong. Medical negligence – and the resulting ill health and injuries – can be the result.

How often do GPs get it wrong?

If you’re due to visit your GP, you can rest assured knowing that you’re more likely than not going to be affected by them making a mistake. Errors and negligence are a rarity.

However, there is always an exception. In 2017/18 – according to the NHS’ most recent statistics –the health service received a total of 75,782 complaints about GPs. Some 24, 676 were upheld, while 9,917 were partially upheld.

The NHS reported that the most complaints came from those aged 26 to 55, with 31,276 made in 2017/18. However, this is not surprising, given that this is the widest age range in the data available, spanning 29 years. The second highest number of complaints were made by those aged 56 to 64. Those in this range made 11,242 complaints.

Meanwhile, the fewest complaints were made by or on behalf of children between six and 17, at 2,529.

What might go wrong?

Some of the bases for patient complaints made about GPs in 2017/18 included:

  • Clinical treatment, including errors
  • Misdiagnosis
  • Not gaining consent for treatment – often through not properly explaining side effects or potential complications, therefore leaving the patient unable to make an informed decision
  • Delayed diagnosis
  • Failing to refer a patient to a specialist
  • Failure to diagnose a condition
  • Prescribing errors

Risks of clinical negligence

A GP is your first stop – there to help direct you to the appropriate healthcare resources. When an error happens right at the first instance that someone seeks help, it throws all further healthcare off track.

If you’re given the wrong diagnosis by a GP, you won’t then receive the treatment you’ll need to recover. You may also find that you are prescribed a treatment that you should not be undergoing, potentially worsening your initial condition and general health.

You may also experience a delayed diagnosis, which could lead to the exacerbation of your condition. In the case of illnesses such as cancer, this could have life-threatening implications.

What to do

Who to take your complaint to can be confusing to establish. This is down to the fact most GPs are not employed directly by the NHS, but are contracted to provide these services. However, every surgery will have a process in place to deal with complaints, so you may choose to first address the surgery.

You can also choose to complain to NHS England about the service you have been provided with. The organisation is responsible for GPs contracts and ensuring they’re carrying out the terms of the contracts.

But if you have suffered an injury as a result of medical negligence, you may want to instruct a solicitor to help you take action against those responsible. You may find that you’re entitled to compensation for the suffering you have been through.

Image copyright: Cathy Yeulet.

How are the rules different when an accident happens abroad?

When you have an accident in the UK, you are typically entitled to justice – depending, of course, on the specific circumstances of the incident.

For example, if it occurred in the last three years and it was caused by someone else’s negligence, you could make a personal injury claim.

But how do the rules differ if the accident happened while you were abroad? And what can you do about it?

Common accidents abroad

In most cases, the sort of accident you might suffer depends entirely on what sort of trip you’re taking. For example, when you’re on a business trip, you are far more likely to be involved in a car accident than you are a sporting accident.

Meanwhile, you’re more likely to suffer an accident in a hotel – such as a slip, trip or fall – while on a holiday in the sun. This is when holiday illnesses are more likely to strike too. Hotels can be breeding grounds for bacteria and germs, particularly in communal areas where guests congregate.

Wherever you go in the world, you’ll come across negligent people. This means you’re no safer abroad than you are at home – and vice versa.

Package or independent holiday?

Whether you were on a package holiday – when accommodation and flights were booked together – or you were an independent traveller – when each part of your holiday was booked separately – will make a difference when it comes to your rights.

According to Citizens Advice, if you were on a package holiday, you are afforded protection through certain legal regulations. This means your holiday company can be held responsible for accidents suffered abroad. Holiday companies provide certain insurance that means you’re protected when something goes wrong.

Meanwhile, there is a great deal less protection for independent travellers. If you’ve booked separate accommodation and flights, you won’t have the same rights to compensation as those who have booked package holidays. Insurance plays a significant part for these travellers – offering a way of addressing certain problems.

Who to hold responsible

What all this means is that there are different rules around the way you can obtain justice – and compensation – after accidents in other countries. Just because you were an independent traveller, it doesn’t mean you’re unable to make a claim for an accident.

In many cases – much like in the UK – you’ll be able to claim against the organisation responsible for where you had your accident or the person directly responsible for it. For example, if you suffered a fall in a supermarket abroad, you could claim against the supermarket owner. And if you had a car accident, you could make a claim against the driver responsible.

And much like in the UK, evidence is important. You should ensure you take photos and video and get as many witness details as possible. You’ll also need to keep medical records to prove how you were affected. You may also have to extend your hotel stay as a result of your injuries, which can then have a financial impact. Keep any hotel bills to add to your injury claim as you may be able to recover what you spent on this additional stay.

Accidents abroad are particularly frustrating experiences. You’re somewhere unfamiliar, where you may not know the processes for dealing with this incident. This highlights the importance of establishing where you stand before you go abroad.

Making a claim is still possible after an accident abroad. You just have to know how to go about it.

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The decline of divorces in the UK

Divorce is ultimately the last step in the breakdown of a marriage. While it’s a stage no couple hopes to reach, unfortunately it can be the only remaining step to repairing the relationship, especially if children are involved. The process of a divorce can be a saddening and difficult for all parties, but it’s an important process of formal separation and ensures that everyone can move on with their lives.

Brown Turner Ross, an experienced firm of Liverpool solicitors, have provided a summary of how divorces in the UK have declined in recent years.

How divorce rates changed in 2018

The UK Office for National Statistics last released the annual divorce figures in November 2019. These figures show the rates of divorce for 2018 and allow us to analyse how this legal sector has changed over the years.

Perhaps the most interesting highlight from the statistics is that the amount of divorces between heterosexual couple’s has reached its lower figure since 1971. With 90,871 in 2018, the rate of divorces decreased by 10.6% compared to the previous year. However, the Ministry of Justice has explained that the processing of a backlog in 2018 can somewhat explain the decrease. As for same-sex marriages, 428 divorces were recorded in 2018. This is an increase of 26.6% over the previous year.

So why do couples decide to seek a divorce? According to the Office for National Statistics, unreasonable behaviour is recorded as the most common ground for divorces followed by two years separation with content. To successfully claim for a divorce based on unreasonable behaviour, the petitioner must show that their partner has acted in a way that means they cannot reasonably be expected to live with them.

When are divorces more likely?

January is typically considered to be the time of the year when most couples seek a divorce. In fact, solicitors often identify the first Monday of the year as ‘Divorce Day’. On this day there has consistently been an increase in reported enquiries relating to divorces. The first Monday is also typically when businesses resume normal working hours after the Christmas break, which can perhaps partly explain the surge in enquiries.

The most obvious connection between January and divorce is the stress of the Christmas holidays. Christmas can be a fun and exciting time, but this is not always the case. December can be a tense time in relationships. Couples may argue over finances for buying gifts or feel that their partner is not making enough of an effort. The stress of family visits can also raise tensions, especially if there’s any ill will between in-laws. Sometimes the long break and extended time together can be enough to drain the feelings between the two people. It’s a time of the year when a person may begin to doubt whether they are completely satisfied in their relationship.

Get advice from divorce solicitors

The breakdown of a relationship can be a troubling development for all concerned. Not just for the couple, but also for family members and especially children. When navigating the tricky waters of separation, it’s important to seek advice from specialist solicitors. This is an important step in the process of receiving clarification on your position. Brown Turner Ross provides clients with an expert solicitor in the area who will aim to achieve a constructive and non-confrontational agreement. They will provide advice on legal aid, cost estimates, mediation, going to court, time estimates and explain the possible outcomes.

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How insolvency practitioners could actually save you from business debt

Each year, thousands of businesses in the UK face business insolvency. Insolvency means that you cannot afford to meet your financial obligations to your lenders before the debts are due. Insolvency can arise due to circumstances such as poor cash management, a reduction in cash flow due to an unforeseen expense, loss of business to competitors or an unexpected drop in sales.

Insolvency can lead to legal action where assets may be liquidated to pay off outstanding debts. It differs from bankruptcy in that the situation can be temporary, and there is no court order dictating how a business will sell off its assets or pay their creditors. Insolvency can lead to bankruptcy, however, if it extends longer than anticipated.

Insolvency practitioners can help companies with debt problems, finding you a clear route out of debt by obtaining an Individual Voluntary Arrangement (IVA) for sole traders or those self-employed, or a Company Voluntary Arrangement (CVA). This arrangement is between your business and those you owe money to. Insolvency practitioners can help you figure out what you can realistically pay back over a set time and, provided you keep up those repayments, can help you become debt-free.

Here’s how insolvency practitioners can help save your business from debt:

Deal with creditors

Once the IVA or CVA has been agreed to by your creditors – at least 75% of the value of the creditors who agree is needed to the IVA to be approved – it will become official and put into action. After this point, the creditors are no longer involved and cannot contact your business or harass you for payments of debts.

Instead, your insolvency practitioner is the one who corresponds with the creditors on your behalf. If creditors do try to harass you for payment, you can contact your insolvency practitioner to resolve the issue. This helps to take the pressure and stress of the debt off your shoulders. Having a middleman between you and your creditors will help you to manage your debt much more easily.

Monthly payment plan

Your IVA or CVA is essentially a reduced payment plan over an extended period, typically five years, that is designed to help you get out of your debt. Your insolvency practitioner will help you set up a manageable monthly payment plan while the IVA or CVA is being set up. Each monthly repayment goes to your insolvency practitioner, who then distributes it among your creditors.

This manageable monthly amount takes into account your business performance and budget, and your insolvency practitioner is there to guide you through the entire process.

Annual reviews

With an insolvency practitioner, as well as the manageable monthly payments and guidance, they will also conduct an annual review to make sure that everything is on track and moving along. They will carefully analyse your financial situation and ensure that you are on track to paying off your debts. It’s essential to be completely transparent about your finances with your insolvency practitioner because if you are found to be withholding any information relevant to your IVA or CVA, you could find that your arrangement may fail.

Adapt to changes

Over the course of your repayments, there can be changes to your circumstances due to the extended time which you will be paying off the debt. IVAs and CVAs can be flexible and can be adapted to these changes if it fits within the terms of the agreement with your creditors. Your insolvency practitioner can help you with this and alter your plan accordingly.

Experienced professionals

Only licensed insolvency practitioners can use insolvency procedures backed by the law to help your business get out of debt. They are regulated by professional bodies that require high standards of ethics and performance to practice.

An insolvency practitioner will help you assess whether an IVA or CVA is a realistic option for your business. They have a professional responsibility to give the best financial advice, and they will recommend an alternative if they believe an IVA or CVA is not an appropriate option for your business.

Their extensive experience in the field means that they have the skills and expertise needed to help your business get out of debt. They will assess your financial situation and work to find a repayment solution that is manageable for you, giving you the best chance of getting out of debt – and they are also responsible for cancelling your arrangement, should it come to that.

With an IVA or CVA, your company can continue trading, preserving the value of your business and retaining customers. An insolvency practitioner will have the knowledge, qualifications and experience to offer you the best advice for your situation.

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Your rights as a passenger in an accident

When you’re a passenger involved in a car accident, you might not be aware of the rules around claiming compensation. It may not be as clear as the process would be for a driver.

But the law is clear: if you’ve been hurt as a passenger in an accident that wasn’t your fault, you can make a claim for compensation.

From whiplash to a life-changing injury, you’re entitled to justice when you’re hurt in a car accident.

When can you take action?

If you’ve been a passenger on any form of public transport that has been involved in an accident, you could be able to make a claim for compensation. The same is also true if you were in a taxi or ride-sharing car. If someone drives for a living, they’re obligated to ensure the safety of their passengers. If they don’t, they can be held accountable.

You may have been hurt in an accident caused by a friend or family member. You could have been injured in an accident caused by a colleague while being driven for work.

Meanwhile, if your accident was caused by another car, you can also make a claim. You can do so even if the driver of the car you were in has made a claim of their own. You’re just as entitled to justice as they are. You may want to consider joining forces to pursue a claim together. This is going to be a good option if you’re related or see the driver regularly.

What if road conditions are to blame?

You may have been hurt in an accident that was caused by poor road conditions, such as potholes or cracks. When this is the case, you won’t claim against the driver of the car you were in as they are not actually responsible.

If your injury was caused by the condition of the roads you were being driven on, you can make a claim against the local authority responsible for the roads. They are required to keep the roads in a safe condition, so if they’ve neglected their duty, you can take action. This also means the council is then alerted to the problem. They’ll have the opportunity then to address the poor conditions and try to prevent this kind of accident happening to anyone else.

Should you act?

If you were in the car with a friend or family member, you might feel uneasy or anxious about going ahead with a claim. However, there are a number of factors to consider. Was the person behind the wheel driving irresponsibly? Were they under the influence of alcohol or drugs? Did they disregard your protests to slow down? If the answer to any of these questions is yes, you might feel like you should hold them responsible for their actions.

Ultimately, the decision to pursue legal action lies with you. It will typically depend on the severity of your injuries, whether you suffer any financial loss as a result of the accident and how seriously your life may be affected after the injury.

When it comes to an injury after a car accident as a passenger, what you do is up to you.

Image copyright: Cathy Yeulet

How dangerous is a fall from height?

Workplaces can be dangerous.

When it comes to accidents at work, there is an almost endless number of ways you can get injured. But there’s one type of accident in particular that can cause major injuries, from life-changing to fatalities.

A fall from height is the biggest killer in the workplace. In 2018/19, the Health and Safety Executive (HSE) found that 40 people lost their lives at work after a fall from a height.

The World Health Organization has also found that falls are the second leading cause of accidental injury deaths globally.

The most dangerous industries

Falls from height are more common in certain industries. You’re far less likely to suffer such an accident if you work in an office than if you work on construction sites, for example. However, regardless of industry, you will likely find that a fall from height causes more damage than another type of accident.

The most dangerous industries in the UK in terms of fatalities is agriculture, forestry and fishing. This sector saw 32 deaths in 2018/19. Construction saw the second highest number of deaths, at 30, while manufacturing saw 26.

Since places of work involving heights are common within these industries, it is unsurprising that such a high number of fatalities was seen. It is expected that employees within these sectors will work on ladders, scaffolding, roofs, machinery, platforms and racking, among other heights.

Risk factors

If you work outside, the weather could then have an impact on the chances that you might suffer a fall. Workers are more likely to suffer a fall when it’s wet or icy than if it’s dry outside. So that makes it essential that employers whose workers spend the majority of their time outdoors ensure they have appropriate health and safety policies in place. If you’re worried about your company’s health and safety policies, it’s important to raise your concerns.

Are you more likely to have an injury than someone else? Your attitude may come into play here. You might find that you’re carrying out the same safety precautions and wearing the same gear than colleagues, but if you’re complacent about your safety, you might find that you’re more likely than your co-workers to fall.

The impact of distance

Distance is one of the key factors affecting how dangerous a fall from height will be. If you fall from a distance of just over a foot, you might sprain a wrist or suffer a cut. Falling from 48 feet – or four stories – however, could see your life end. According to reference book Trauma Anesthesia, that’s the median distance for a fall to be fatal. When that increases to seven stories in height, 90% of falls are fatal.

There have been reports of miraculous survivals, such as the flight attendant who survived a 33,333-foot fall when the plane she was in exploded. Vesna Vulović suffered temporary paralysis from the waist down, but the only lasting health issue she suffered from was a limp.

But stories like these are exceptionally rare. It is far more common that someone falling from a significant distance will suffer a catastrophic injury. Imperial College London professor of surgery Sean Hughes told the Guardian that the majority of people who fall from a height die after fracturing their spine at the top, therefore cutting right across the aorta.

Although most workplace accidents can be prevented, working at a height has its own risks. These can be negotiated, but there will always be danger associated with heights. It will always pay to abandon complacency and to take the situation seriously.

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Deciding whether to make a medical negligence claim

You’re not going to be in a particularly healthy state when you go looking for medical attention. If you require treatment, something is wrong.

When this goes wrong for you, it can feel worse because of the weakened state you may have already been in. This is when you might want to start thinking about the viability of making a medical claim.

An issue of trust

Experiencing medical negligence is a devastating betrayal of trust. You agree to undergo a certain treatment because you’re assured that it’s going to help you start feeling better. But mistakes do happen. The NHS saw a £9 billion cost of harm in 2018/19, showing just how possible it is for these errors do happen.

You should be able to trust your clinicians. If they let you down, you have the right to get justice for what you’ve been through. However, it is an emotive issue. When it comes to taking legal action against our healthcare providers, particularly the NHS, we find it very difficult to get comfortable with the issue.

But if you can’t trust your doctors to deliver the healthcare that they should provide, you have the right to justice.

What it will do

Some people think that making a medical negligence claim is about compensation. However, for most victims of this kind of malpractice, it’s about getting the person responsible to own up to the mistakes they have made.

In a majority of cases, those who have suffered from medical negligence want to help stop it happening to anyone else. And one of the best ways of doing so is to draw attention to what went wrong in your case. If the trust responsible for the negligence can address what happened to you, there’s a good chance it can stop it happening again to someone else.

Getting back to yourself

A medical or hospital negligence claim can result in compensation. But it is intended to help get you back to the position you were in before you suffered from this substandard care. It covers the pain and suffering you’ve been through, as well as any further treatment you will require.

This means it can help you pay for rehabilitation or physiotherapy, as well as any necessary adaptations to your home or vehicle to help you get around. It also extends to compensate for any loss of earnings you’ve suffered as a result of not being able to work.

Rather than it being a payout to keep someone quiet or to allow you to benefit financially, medical negligence compensation is meant to improve your quality of life. That malpractice shouldn’t have happened to you, but it did. And you are entitled to the opportunity to get back to who you were before it ever happened.

Deciding to claim

So when you’re thinking about whether you want to make a claim after experiencing medical negligence, don’t forget that you are entitled to justice. You are entitled to help in getting you back to the position you were in before it ever happened. And you are entitled to have any resulting losses compensated for.

It’s your legal right.

Image copyright: Dmitrii Shironosov