Every medical procedure has risks, whether it is an invasive or non-invasive treatment. This does not mean that people should be warned off undergoing surgery altogether – on the contrary, many operations are life-saving or have the potential to greatly improve lives. However, patients should be made fully aware of the risks prior to giving their consent to treatment.
Some operations can have miraculous results. For example, laser eye surgery has the potential to restore a person’s sight so that they no longer need corrective lenses. However, this form of treatment requires a high level of specialist skill and if you are injured due to the negligent actions of the professional, you may have grounds for a clinical negligence claim.
If you have been suitably warned about the risks of having the procedure performed, and something has gone wrong, your surgeon has a stronger chance of avoiding liability than if he or she had failed to make you aware of the dangers.
However, if your clinician underplayed the risks of the operation – a Which? study conducted in 2009 found three well-known laser eye clinics had done this – then you could stand a higher chance of securing compensation.
“Patients need to understand what the risks are,” says the Medical Defence Union.
The organisation added, “they need to think about whether or not the benefits they think they will get from the procedure actually outweigh the risks, in order to decide whether they want to go ahead with it.”
Furthermore, if clinical negligence results in you suffering long-term problems, such as corneal ectasia, you may be entitled to claim compensation for these injuries.
Potential problems caused by incorrectly performed laser eye surgery include dry eyes, sometimes resulting in chronic eye inflammation, reduced night vision, the appearance of ‘floaters’ and blindness.
4th April 2019
An Inquest is held when someone has died in certain specific circumstances. Inquests are only held when an investigation is necessary to establish the facts about what the cause of death was, usually when the person died suddenly or in circumstances that remain unexplained. For example, deaths that have occurred as a result of violence, due to unnatural means or as a result of sudden and unknown causes would all necessitate an Inquest taking place. Continue reading »
27th March 2019
Injuries sustained at work can have devastating consequences and victims should not delay in seeking specialist legal advice. In one case, a special needs teacher whose career was cut short after he was kicked in the knee by a pupil won substantial compensation. Continue reading »
26th March 2019
The effects of damage to hearing caused by industrial noise often take decades to become evident, but that does not deter specialist solicitors from seeking just compensation for victims. In a recent case, a retired factory worker won the right to damages more than 40 years after he was exposed to excessive workplace noise. Continue reading »
25th March 2019
Potholes are a plague on road users, and local authorities are under a duty to identify and fill in those that pose a danger. However, a High Court case concerning an injured cyclist showed that such obligations are not without limit. Continue reading »
20th March 2019
At the time of writing, the UK is basking in unseasonably warm sunshine. Spring appears to have arrived early and with it, many of the outdoor activities that one associates with more temperate weather are making an early appearance. Whilst cycling is an all year-round activity and indeed a necessity for those who use it as their main method of getting around our towns and cities to commute to and from work, the number of people who choose to jump on their bikes increases considerably in the spring and summer months. Continue reading »
23rd November 2018
A radical proposal for cycling awareness has been unveiled by the government. The plans include a series of measures to improve safety for vulnerable road users, and to encourage and support cycling. The aim is to reduce the significant number of serious and fatal accidents suffered by cyclists. Continue reading »
24th July 2017
The Ministry of Justice (MoJ) has announced measures to tackle fraudulent sickness claims. Fraudulent claims of food poisoning by holidaymakers which are false or exaggerated claims, could result in British tourists paying higher package holiday prices. Continue reading »
27th February 2017
The last revision of the discount rate was undertaken on 25th June 2001, when it was set at 2.5%. From 20th March 2017, the rate drops from 2.5% to minus 0.75%. It is a change of 3.25 percentage points. Continue reading »
21st January 2016
Jonathan Austen-Jones acted on behalf of the applicant in this case who was the subject of sexual abuse at the hands of his step-father between the ages of about 5 and 7.
An initial application for compensation pursuant to the 1990 Scheme was made in 1992 and in June 1996 he was awarded £10,000.00 in respect of the abuse he had suffered. This award was clearly too low and it appears that no psychiatric evidence was before the Criminal Injuries Compensation Authority (CICA). Continue reading »
Jonathan Austen-Jones acted on behalf of the claimant in her claim for damages for clinical negligence. The claim arose from the tragic loss of her baby’s life as a consequence of the failure of the Defendant Trust, appreciating that baby B had a Group B streptococcus infection at his birth on the night of the 1st January 2009, resulting in baby B’s death at 00.55 hours on the 3rd January 2009. Continue reading »