What Types of Bone Fracture Are There?

Did you know that there are 206 bones in a fully-grown human’s body? That’s a lot of bones that could be potentially fractured. And whether you’re a young, strong, very active person, or an older member of the population, painful bone breaks and fractures can happen to anyone – it’s simply a case sometimes of being in the wrong place at the wrong time.

What’s more, any of these 206 bones can be broken, and they can be fractured in a wide variety of ways, some of which are more painful than others, and some which take longer to recover from than others. Frequently, a fracture at work or in public life can occur as a result of someone else’s mistake, meaning that you could seek fracture compensation.

But did you know how many different types of fracture there are? Here is a list of the many ways your bones could be harmed, in a very convenient alphabetical manner:

Avulsion fracture – a bone is broken and a small piece comes completely apart from the rest of the bone.

Bowing fracture – usually occurring in children, who have softer bones than adults, this will see the bone bend permanently but not break.

Comminuted fracture – after heavy impact, the bone is crushed or shattered into a number of pieces

Complete fracture – a clean break, where the bone splits into just two pieces

Complicated fracture – the fracture damages blood vessels, nerves or other body parts during the trauma

Compound fracture – the bone punctures through the skin to become visible

Compression fracture – usually affecting the spine, this sees the bone collapsing

Fracture dislocation – the bone is broken, as well as fracturing a connected joint

Greenstick fracture – again usually occurring in children, the bone isn’t fractured completely, but on one side

Impacted fracture – a bone fragment is thrown into another

Longitudinal fracture – the break runs entirely along the bone’s shaft

Oblique fracture – the break slants across the bone

Simple fracture – the break has not punctured the skin

Spiral fracture – the break winds around the impacted bone

Transverse fracture – the break reaches straight across the bone

By knowing the specific type of fracture that you’ve suffered, you’ll be able to better understand your problem and how it can be improved in the future.

The Role of Medical Negligence Solicitors

Most of us have visited a medical facility at some point in life. The NHS (or your private provider) are there to support you when you experience an accident or illness. However, just as with any service, medicine (and its practitioners) can sometimes get things wrong. If you have been let down by a health service in the UK – consulting medical negligence solicitors is essential.

Why Seek Compensation?

It is perhaps important to understand the reasons why some aggrieved patients and their loved ones opt for legal redress after things get out of hand. For the patient, there is always the expectation that visiting a hospital will bring them the best results, fix the ‘problem’ and make life better. This, however, may not always be the case. It is important to also note that different people deal differently with a poor result or poor treatment.

Of course there are situations when doctors can be appallingly negligent. Just like your mechanic (or indeed any member of any profession), it is occasionally possible to have concentration lapses or lapses of judgement. When this happens with your car, the mechanic may forget to tighten some nuts or even fail to sort out the problem, when this happens with a human being, the difference could be devastating – a matter of life or death.

The Role of Medical Negligence Solicitors

When such cases occur, the services of an experienced medical negligence solicitors become very important. Many patients and their families may immediately decide to sue the doctor or institution, yet many do not know just exactly how such processes should be handled. All they know is that they are dissatisfied and would like to sue. It therefore takes a knowledgeable team of solicitors to evaluate and compile the facts in an effort to prove your case beyond any reasonable doubt.

Of course, that can be a daunting task for many. Not everyone is medically trained to detect when the doctor has failed to act as professionally expected. This can become even more complicated when dealing with complicated procedures such as surgical operations. In such situations, it is the responsibility of your solicitors to analyse the facts and present your case both professionally and convincingly.

Potential Outcomes of Medical Negligence Cases

There are always several perspectives on any matter where more than one party is aggrieved. Whilst there are some glaring cases of medical negligence that establishments have to own up to, there are also many others that simply go unnoticed and others where the aggrieved simply ignore the situation and let the grievance lie.

However, simply letting go of your grievance can be a very negative act. Without input from patients, complacency can breed – lowering the overall standard of medicine. It is for this reason that you require the assistance of medical negligence solicitors who can help you compile and present the case before a court of law and follow it to its logical conclusion.

An experienced clinical negligence solicitor will have extensive, expert knowledge in medical matters and be able to notice negligence and unprofessional ethics at a glance. This is the reason why you need very good medical negligence solicitors who have registered a level of success and have the necessary infrastructure and personnel to handle your case properly.

Consent to treatment: The facts

According to the principle of consent to treatment, all patients much give their permission to receive any kind of medical treatment, regardless of how minor or how important the help is. In order for a patient to adhere to the principle, their consent must be both informed and voluntary and they must have the capacity to make the decision for themselves.

 

To classify a decision about whether consent to treatment or not is voluntary, the patient must have come to their conclusion completely alone. This means that it cannot have been strongly influenced by family, friends or medical staff.

The decision must also be informed, meaning that the patient must be fully aware of what the treatment involves. Medical staff must not withhold any information from the patient and are obliged to inform them about alternatives, benefits and risks. Sometimes patients may request not to hear all of the details of their treatment or procedure but all healthcare professionals are required by law to at least provide them with a basic overview, the likely outcome and their treatment options.

 

The principle also calls for patients to be capable of giving consent. Although this is a more difficult category to define, it is typically considered to mean that the patient understands the information that they have been given and that they can use it to make an informed and voluntary decision.

There are exceptions in extreme cases when consent is not needed for treatment and this is usually because of a patient’s capacity. If a patient does not have the mental capacity to make the decision about their medical treatment, healthcare professionals have the ability to give consent on behalf of them, in their best interest. There are some circumstances, including donation of regenerative tissue, that will always require action from the Court of Procedure if the patient is unable to give consent. The courts may also get involved if there is serious concern about the patient’s capacity or best interests.

 

The definition of these terms is crucial for the principle of ‘consent to treatment’, one that is an important part of the international human rights law and plays a major role in medical ethics. If medical staff are happy that the patient’s consent or consent not to receive treatment has fulfilled these terms, they must respect the decision even if it will result in death.

 

Regardless of the medical treatment that is being advised, from a simple blood test to an organ donation, consent must be given in an official manner. For more minor treatments, consent can be delivered verbally or non-verbally, for example raising a hand or nodding a head. Major medical treatment, such as an operation, will require consent in writing and will usually be asked for in advance so that the patient has time to study the procedure and ask questions.

 

By following the definitions of the consent to treatment principle, healthcare professionals are able to ensure that their patients have come to a voluntary and informed decision. If you feel your content to treatment has been abused, seeking legal redress with the help of a clinical negligence solicitor is a big, but important step to consider.

What are the Warning Signs of Elder Abuse?

Elder abuse can be defined as any type of abuse inflicted onto an elderly person by a person they trust which causes harm or distress to the victim.

There are several types of abuse that are commonly experienced by elderly people, each of which has its own warning signs.

Physical abuse

Physical abuse is often thought of as hitting, punching, slapping etc. but there is much more to it than this. The administration of unnecessary drugs, such as sleeping medication or pain killers can also be classed as physical abuse, as can starvation or the withholding of fluids, even though they leave very few obviously abusive outward signs.

With this in mind, the signs of physical abuse to look out for include:

• Wounds such as cuts, bruises, puncture marks, black eyes and painful areas where there may be a broken or fractured bone.
• Injuries that are in the process of healing or seem recently healed.
• Poor skin condition including loose or pallid skin as these can be signs of dehydration.
• Unexplained weight loss i.e. not due to a diagnosed medical condition.
• A change in the frequency of repeat prescriptions that may be due to under or overdosing.
• Hints from the person that they are a victim of elder abuse.

Psychological abuse

Psychological abuse can be anything that affects the mental state of an elder person, either by making them depressed, anxious, scared or confused. So for example, telling an elder person that they won’t be allowed to see their family unless they do what they are told would be classed as psychological abuse.

The warning signs are mostly related to a change in personality or behaviour and can include:

• Nervousness or upset when their abuser is around.
• Unusual behaviour that is out of character.
• Withdrawal from social situations.
• Confusion that could be seen as story-telling.
• Unexplained fear.
• Unexplained anger.
• Tales of verbal or mental abuse by people they trust.

Financial abuse

Financial abuse can also be termed ‘stealing’ and in a lot of cases it comes hand in hand with psychological abuse. The children of the victim can often be involved, although they justify their taking money by saying it is their inheritance come a bit early.

The warning signs of financial abuse include:

• Forged cheque signatures.
• Large, unexplained withdrawals from bank accounts.
• Untimely changes to an existing will or the sudden drawing up of a first will.
• The addition of new names to a bank account.
• Unpaid bills when a carer is in charge of paying them.
• Large care bills that can’t be explained.
• The unexplained disappearance of high value objects belonging to the victim.
• Isolation of the victim from family and friends by the care staff.

Neglect

Neglect is a common form of elder abuse and has the following obvious warning signs:

• An unclean and unhealthy living environment.
• Poor personal hygiene.
• Untreated sores, wounds and rashes.
• Evidence of lice or fleas.
• Inadequate clothing for the season.
• Untreated medical conditions.
• Signs of being malnourished or dehydrated.
• Over or under-medication.

All of these types of elder abuse can be inflicted by care staff or by a family member. They can also be noticed by care staff or a family member, which makes them easy to spot if you know the warning signs.

What Legal Issues are raised by a Persistent Vegetative State?

The medical definition of a Persistent Vegetative State (PVS) says it is:

• A condition of wakeful unconsciousness the lasts for more than four weeks.
• A condition in which the possibility of improvement with regards to cognitive functioning is ‘highly unlikely’.

In the UK a PVS is more commonly referred to as a continuous vegetative state until 12 months has elapsed when the diagnosis changes to a permanent vegetative state. The possibility of improvement in a permanent vegetative state changes to ‘impossible’ and has different legal issues associated with it.

What are the legal issues of a PVS?

PVS has always been a legal grey area and a highly debated topic. The condition is not recognised as ‘brain death’ because the brain of the patient is still functioning, albeit at a lower level than normal.

The legal debate centres on the future wellbeing of the patient and the quality of life they can expect. On the one hand, some say that patients in a persistent vegetative state should be allowed to die because prolonging their life will benefit them in no way. Others however say that if there is even the smallest possibility of improvement then their care should continue indefinitely.

Unfortunately a PVS patient is classed as mentally and legally incompetent and as such is unable to say what they want for the future – even if they know within their own mind.

Adding fuel to the legal debate

In November 2012, Canadian Scott Routley managed to communicate with his doctors for the first time in 12 years. Scott was diagnosed as being in a persistent vegetative state after being involved in a car accident in 2000 but his family fought to keep him alive.

At the Brain and Mind Institute of Western Ontario, Scott underwent several MRI scans and was found to activate different areas of his brain in response to asked questions. It is thought he did this by thinking about different scenarios; playing tennis to answer yes and walking calmly around his home for no.

Professor Adrian Owen, director of the study in which Scott took part, commented “Scott has been able to show he has a conscious, thinking mind. We have scanned him several times and his pattern of brain activity shows he is clearly choosing to answer our questions. We believe he knows who and where he is.”

The results of these tests alone show that a PVS is not as black and white as it may sound. Theoretically, Scott could choose for himself whether he wants to remain alive and this complicates the legal issues tremendously. At the present time life support for a patient in a persistent vegetative state can only be withdrawn after a court order is issued, and this in turn can only be issued if it can be shown that recovery of cognitive functioning is ‘impossible’ in the eyes of an authoritative medical professional.

Whether the legal debate surrounding PVS will ever be settled remains to be seen but in light of these new findings it seems more complex than ever.

Why Work With Specialist Clinical Negligence Solicitors?

In the UK, our hospitals and medical facilities are essential to our national wellbeing. It is however important to note that, sometimes, things go wrong – just like in any other sector or profession. People react differently when a mistake is committed; some people may simply accept the situation and move on, while others prefer to seek legal redress and financial compensation for the error, misjudgement or poor treatment which has been made or provided.

 

In cases where the aggrieved party decides to sue the medical facility or doctor in question following a dispute, they may need to hire reliable clinical negligence solicitors who have the experience in handling such matters. It is important to also understand that the process could at times be costly and time consuming – the medical institution will try to defend its reputation at any cost if the area is a grey one.

 

The urge to protect the interests of their institution and of the doctor in extension often draws lines for legal battles that can take many years to resolve. There are cases of this nature that have dragged on for well over a decade. Providing evidence or testifying in such cases can also be a very tricky affair. This is because there is always a need to get an opinion of fellow doctors who understand the extent to which misjudgements, maltreatment and mistakes can be pardonable.

 

It is in many cases very difficult to convince a practicing doctor to take part in such an exercise considering that “one of their own” is involved and could suffer serious repercussions if found guilty. They are likely to have a much higher degree of sympathy for the medical professional involved. Of course there are some obvious situations where the culpability is glaring. These are much simpler cases to resolve.

 

Such cases might be easier to handle, yet expert legal representation is essential nevertheless – to minimise the length and expense of the procedures – and to ensure everything is performed to the letter of the law. The important thing is to make sure you can find qualified medical negligence solicitors with the experience and expertise to guide you through the process as smoothly and as stresslessly as possible.

 

Without the support of suitable solicitors, many people with such matters in courts lost – accruing substantial fees and reparations. This often comes down to a low level of accuracy and detail. The jury need accurate, careful and professionally presented cases – put together with thoroughness which leaves them with no option but to award you compensation. Considering that the damage has already been done, it is always difficult to convince the judges that someone needs to pay for the problem and that it should be the same doctor who tried to save the situation on the spot.

 

The success of such cases will in many situations depend largely on the way the clinical negligence solicitors gather their evidence and present it before the jury. In some cases you may need medical procedural records while others may require the testimonies of other doctors who were in the same team as the accused. This often becomes a major challenge and that is why many such cases remain unresolved for many years.

Making Fatal Accident Compensation Claims

In the event of losing a loved one as a result of a fatal accident the last thing you’ll probably want to think about is making a compensation claim. It is your right as a family member to do so though, and if your loved one was the main breadwinner for your family a claim will be necessary to continue living life as you know it.

Making fatal accident compensation claims isn’t as difficult as it sounds. There are solicitors in most towns and cities that specialise in the field, and as most work on a ‘no win no fee’ basis you won’t lose anything by making a compensation claim.

 

 What can you claim for?

There are three types of claim you can make in the case of a fatal accident.

– A Victim Claim can be made on behalf of your loved one if they suffered pain or discomfort prior to their passing. You can claim for things like medical expenses, loss of income and even funeral expenses if there was a period of time between the accident and death.

– A Dependent’s Claim can be made on behalf of yourself if your loved one died as a direct result of someone else’s negligence. This type of claim is made to provide you and your family with continued financial support and can include things like loss of income, childcare costs incurred as a result of the death, home help costs and loss of benefits associated with pensions and other investments. Several members of the deceased immediate family can make a dependent’s claim including their spouse, children, parents, grandchildren and grandparents.

– A Statutory Award for Bereavement is a one-off payment made by the negligent party to you as a loved one. You have to be a spouse, partner or child of the deceased to claim this type of award, but if successful, the amount you receive is currently £11,800.

 

Making a claim

It is vital that you start fatal accident compensation claims as soon as possible after your loved one’s death while the details are still fresh in your mind. You personally won’t need to do much providing you use the services of a specialist lawyer. Your first priority should therefore be to find a personal injury lawyer who specialises in fatal accident claims.

It should be pointed out that even in the case of a successful claim there is very little chance the negligent party will be held responsible for the accident. They will also be unlikely to face prosecution. Your fatal accident claim will result in financial security for you and your family in the event of a win but it won’t bring the party at fault to justice.

Even so, fatal accident compensation claims are definitely worth pursuing and all it takes is a single consultation with a specialised lawyer to get the process started. It can be upsetting to think of death in terms of financial gain but in the case of a fatal accident due to negligence you are only claiming what is rightfully yours for the future of your family.

How to Make a Brain Damage Compensation Claim

Brain damage compensation claims are sadly a very common occurrence. If you have suffered brain injury at the hands of a third party, it is all too right that they should offer compensation in order to amend their behaviour. After all, the money is often needed for pricey medical bills and after care.

Despite popular opinion, brain damage compensation claims don’t just apply to someone who has been left permanently (and severely) brain damaged as a result of an accident. Brain damage compensation claims also applies to those who have been subjected to temporary brain damage such as headaches or memory loss due to an accident. With this in mind, the amount of compensation depends on the severity of the injury.

Making a Brain Damage Compensation Claim

If you feel as though you need to make a claim, follow these simple steps:

1) Find a respectable injury lawyer
There are continuously adverts on TV for injury lawyers but you need to find one that is both credible and reputable. Search online for real reviews and recommendations and find out what the company specialises in. It is also advisable to select a company with a no-win, no-fee policy as this motivates the company to win the case.

2) Speak to a Doctor
It is important to understand the extent of your injury and be able to provide viable evidence to support that claim. By visiting a doctor you can discuss how the accident has affected your brain and day-to-day life. A doctor can give a full report on the severity of the injury coupled with the extent that it has impacted your life. Medical evidence such as this helps to prove your point while making a brain damage compensation claim, making the claim irrefutable.

3) Discuss with Your Lawyer
Your lawyer will be able to understand how to work the case on the grounds of the medical evidence you have provided. With support from the doctor and your own account of the injury and impact, your lawyer can provide you with an overview of the likely success of your compensation claim along with the expected financial outcome and process you need to go through.

4) Don’t Forget Psychological Trauma
The psychological trauma of experiencing a brain injury can have a huge impact on your life. Many people suffer from depression and stress after such a horrendous experience and this is an important part of making a claim. A brain damage compensation claim doesn’t just look at the injury itself but also how it has affected the person and if it further results in psychological trauma, this is another symptom to add to the claim.

5) Ask for a neuropsychologist
Not only will a neuropsychologist be able to assist you in recovery, but they will also be able to provide a viable case for a claim with scientific details. It is important that you have experts such as this on your team as they will act as your supporting evidence.

Brain damage compensation claims can be a difficult and time consuming process. You need to have physical, medical and expert evidence to support your claim along with a well-equipped lawyer to put your point across. Completing all these steps will ensure you receive the correct amount of compensation for your injuries.

Birth Injury Compensation Claims

With the innumerable advances that the world has made in medical technologies over the last 100 years, the increased improvement in childbirth safety has been one of the most striking. The death rate for women giving birth plummeted in the 20^th century and nowadays there are just 8.2 maternal deaths in the UK per 100,000 live births – compared to the historical level of around 1 in 100 births. It’s very fair to say that, thanks to an increased medical understanding, the fate of both mother and child is much, much safer than it used to be.

However, that’s not to say that childbirth is a completely risk-free situation and one that always ends properly, especially in the UK, who are ranked just 23^rd in the global league table of maternal mortality, and whose rate has not dropped in 20 years.

Furthermore, there are many injuries to both the mother and the child during childbirth which, although serious and debilitating, thankfully do not result in death. And unfortunately, despite the huge medical advances that have been achieved in the last 100 years, things like basic human error – although greatly reduced – are still relatively common.

For many families who have suffered as a result of medical or clinical negligence during childbirth, then it is understandably incredibly distressing during what should have been one of the most special times of their life. It may be possible to claim compensation against the medical authority that was at fault for the injuries that anyone is party to as a result of a negligent childbirth.

For many families, a potential payout from a birth in jury compensation claim may be able to pay for the treatment required to help a child recover from its trauma, or to assist a mother in dealing with her affliction. It is about simply more than money-chasing – a won claim can be the difference between a lifetime struggling to look after an injured person and being able to with a little more comfort for everyone involved.

Birth injury compensation claims, like any other claims, depend on a number of different details and come in a number of different guises. But a claim could be possible if mother or child suffered one of the following:

• Problems related to epidurals
• Brain damage
• Cerebral palsy
• Problems from mismanaged labour
• Undiagnosed fetus abnormalities
• Nerve damage
• Hip dysplasia
• Erbs palsy
• Undiagnosed high risk pregnancy

The list is far from conclusive; there are many more birth injuries that occur as a result of medical negligence – making birth injury compensation claims possible.

At Hugh James, we understand that the circumstances around injuries from births are always distressing and need to be handled in a sensitive and friendly manner. Our team of medical negligence specialists can work with you to determine whether it would be possible to make a claim and get a small part of your life back. Talk to a member of our friendly team today.

An Expert Guide To Clinical Negligence Solicitors

An expert guide to clinical negligence solicitors

If an individual or a member of their family has suffered an injury, illness or even death as a result of negligent medical treatment, specialist clinical negligence solicitors can provide the advice and assistance required to make a claim for compensation.

What is medical negligence?

Despite being highly trained, medical professionals are only human and as such mistakes are sometimes made. In the majority of cases these mistakes will only be minimal and will not result in any undue harm to the patient. However, on occasion more serious mistakes occur which result in additional illness or injury to the patient. Medical professionals have a duty of care to provide an acceptable level of treatment to their patients, and failure to do so can give rise to a claim for compensation.

The service provided by clinical negligence solicitors

There are a vast number of clinical negligence solicitors throughout England and Wales. The majority of firms will offer free initial advice with no obligation and will advise as to whether or not they believe grounds exist to make a claim. They will also provide expert medical reports, financial advice, a schedule of loss for lost earnings and expenses and access to ongoing medical treatment. Most legal firms will allow clients to make claims on a no-win-no-fee basis.

What kind of claims can be made?

There are a huge range of illnesses and injuries which can be sustained by individuals or family members which give rise to medical negligence claims. Just a few examples include:

• Brain damage
• Birth injury
• Cancer misdiagnosis
• Dental negligence
• Hospital negligence
• Incorrect prescriptions
• Physiotherapy claims
• Hospital acquired infections

Choosing the best firm of clinical negligence solicitors for you

With so many teams of clinical negligence solicitors willing to represent you, how do you know which firm you should choose to protect your best interests?

You should look for an established firm with experience of making clinical negligence claims. Those firms with a track record of success will usually have an array of case studies for clients to look at, which will give you an idea exactly what you can expect from your chosen firm. Also, have a look at legal guides. These will provide you with recommendations and descriptions of the service provided by each firm. Look for a legal firm that provides a complete service. Clinical negligence claims may require social services involvement, financial advice or rehabilitation. An experienced firm will be able to help.

Hugh James’ team of clinical negligence solicitors provide the highest standard of service and work to conclude your case as quickly as possible. Benefit from the specific skills of their specialist team by calling 029 2022 4871 today.