Can I Make a Claim on Behalf of My Elderly Parent Who Cannot? Yes, you can assist your elderly parent in bringing a claim. You can provide instruction to the solicitor to correspond with you whilst still being involved if they’re unable to instruct a solicitor themselves. In situations where an individual cannot manage their own legal matters due to age-related cognitive issues, illness, or other impairments, family members can act on their behalf. Here’s a step-by-step guide to helping your parent bring a claim: 1. Assess Mental Capacity The first step is to determine whether your parent has the mental capacity to instruct a solicitor. Under UK law, mental capacity means that a person can understand, retain, and weigh information about their decisions. If they lack this capacity, you’ll need to act as a litigation friend or arrange a Lasting Power of Attorney (LPA). Litigation Friend: You can apply to act as a litigation friend if your parent lacks mental capacity specifically for legal matters. This involves filling out a Certificate of Suitability and applying through the court, allowing you to make decisions in their best interests. Lasting Power of Attorney (LPA): If your parent has appointed you as their attorney under a Health and Welfare or Property and Financial Affairs LPA, you can act on their behalf in various matters, including legal claims. If they haven’t done so, you could apply to the Court of Protection for deputyship, which gives similar authority but may take longer to process. 2. Choose a Solicitor and Gather Information Once authorised to act on your parent’s behalf, the next step is to find a solicitor experienced in the type of claim you’re pursuing (e.g., personal injury claim, medical negligence claim, etc.). With the solicitor, you’ll gather evidence and documentation, which may include: Medical Records: Any medical evidence supporting the injury or harm sustained. Accident Details: Reports, photos, witness statements, and any other documentation related to the incident. Financial Documents: Receipts or bills for any expenses incurred due to the injury, such as medical costs, travel expenses, or adaptations required for care. 3. File the Claim on Their Behalf You’ll work closely with the solicitor to prepare the claim. The solicitor will handle most of the legal aspects, including drafting legal documents and communicating with the other party or their insurers. Your role as a litigation friend or attorney will be to ensure that decisions align with your parent’s best interests, and you’ll need to attend meetings or court hearings if required. 4. Understand the Potential Outcomes Your solicitor will outline the possible outcomes and compensation that may be available to your parent. Compensation may cover: Medical Expenses Care Costs (current and future) Pain and Suffering Loss of Earnings (if relevant) 5. Ensure Your Parent’s Interests Are Represented Throughout the claim, it’s essential to keep your parent’s well-being at the forefront. Your solicitor will help ensure that all steps taken reflect your parent’s best interests, especially if a settlement is proposed. Our Legal Experts Can Help If you’d like a consultation to discuss next steps, our team can offer expert guidance on the process of acting as a litigation friend or attorney. Contact us today for a free consultation to explore your options and receive support every step of the way.
Birth injuries caused by improper use of forceps in delivery – Birth Injury Claims Forceps are used during delivery for several reasons, primarily to assist with the safe birth of the baby. In this blog, we explore the circumstances that lead to forceps-assisted deliveries, the potential risks associated when they aren’t used correctly and the steps parents can take if they suspect negligence. Understanding your rights after a traumatic birth experience is essential – our medical negligence solicitors are here to help. When forceps might be used: 1. Assisting with Delivery Forceps can help guide the baby out of the birth canal, particularly in situations where the mother may be unable to push effectively due to exhaustion or medical conditions. 2. Addressing Fetal Distress If the baby is showing signs of distress, such as an irregular heartbeat, forceps may be used to expedite delivery and reduce the risk of complications. 3. Managing Prolonged Labor In cases where labour is prolonged, using forceps can help speed up the delivery process, minimizing risks for both mother and baby. 4. Breech Births In some situations, forceps may be used during a breech delivery to help guide the baby into a safer position for birth. 5. Reducing Risk of Cesarean Section Forceps can be a less invasive alternative to a cesarean section when complications arise, allowing for a vaginal delivery in situations where it might otherwise be necessary to perform surgery. 6. Protecting the Mother By using forceps, healthcare providers can sometimes avoid the need for an episiotomy (surgical cut in the perineum) or minimise trauma to the pelvic floor during delivery. While forceps can be beneficial in certain situations, their use must be carefully considered and executed to prevent potential complications for both mother and baby. What is Improper Use of Forceps? Forceps are medical instruments used to assist in the delivery of a baby, particularly when there are complications. However, if used incorrectly, they can cause significant harm to both mother and child. What is Forceps Delivery Negligence? Negligence occurs when a healthcare professional fails to meet the expected standard of care. Here are some examples related to the use of forceps: Incorrect Application: If the forceps are not applied correctly, they can cause injuries to the baby’s head or skull, such as fractures or bruising. Excessive Force: Using too much force when pulling the baby can lead to trauma, including nerve damage or injury to the baby’s shoulder (shoulder dystocia). Inappropriate Timing: If forceps are used when they are not needed—such as in a situation where a natural delivery is possible—this could be deemed negligent. Lack of Consent: Failing to inform the mother about the use of forceps and the associated risks can also constitute negligence. Potential Injuries: The improper use of forceps can lead to serious injuries, including: For the Baby: Brachial Plexus Injury: Damage to the nerves in the arm, leading to weakness or paralysis. Cerebral Palsy: Resulting from oxygen deprivation during delivery. Facial Nerve Injury: Causing temporary or permanent facial paralysis. For the Mother: Perineal Tears: Severe tearing that may require surgery. Post-Traumatic Stress Disorder (PTSD): Psychological trauma from a traumatic delivery experience. Infections: Resulting from surgical interventions or tears that are not managed properly. Forceps Delivery Negligence Claims – What can I claim for? If you have experienced negligence during childbirth, you may be eligible for compensation for a range of injuries and expenses, including: Medical Expenses: Costs for any ongoing medical treatment, therapies, or surgeries needed due to the injury. Rehabilitation Costs: If physical therapy or other rehabilitation services are necessary, these can also be claimed. Lost Earnings: If you or your partner had to take time off work to recover, you might be able to claim for lost wages. Care Costs: If additional care or support is needed for the mother or child, these expenses can be included. Pain and Suffering: Compensation for the physical and emotional distress experienced due to the negligence. Steps to Take Document Everything: Keep a record of all medical treatments, conversations with healthcare providers, and any other relevant details about the delivery. Seek Medical Advice: Consult a healthcare professional about the injuries sustained to ensure proper treatment. Contact a Solicitor: Reach out to a specialist clinical negligence solicitor. Our team is experienced in handling cases involving improper use of forceps and can guide you through the process of claiming compensation. Gather Evidence: Your solicitor will help gather evidence, including medical records and expert testimonies, to support your claim. File Your Claim: With the help of your solicitor, you’ll file your claim, detailing the negligence and the resulting injuries. How we can help: If you have had a traumatic delivery due to the improper use of forceps, you’re not alone. Many parents face similar challenges, and it’s important to know that you have rights and options. Our team of specialist clinical negligence solicitors is here to help you navigate the process of claiming compensation for your injuries and associated costs. Don’t hesitate to reach out—we’re here to support you in seeking the justice you deserve.
Pulmonary Embolism, DVT & Blood Clot Negligence Compensation Claims Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE) are serious medical conditions that can result from various risk factors, including negligent medical treatment. In England and Wales, healthcare providers are expected to follow strict standards of care to prevent such conditions, especially in high-risk patients. However, when these standards are not adhered to, patients may be put at unnecessary risk of developing DVT or PE. Clinical Negligence can play a significant role in the onset of these conditions, leading to potentially life-threatening consequences. What is DVT and Pulmonary Embolism? DVT is a condition where a blood clot forms in the deep veins, usually in the legs. While a DVT may not be immediately dangerous, it can lead to severe complications if the clot dislodges and travels to the lungs, resulting in a Pulmonary Embolism (PE). PE can cause life-threatening symptoms, including difficulty breathing, chest pain, and rapid heart rate. Risk Factors for DVT and PE A variety of risk factors can predispose individuals to DVT or PE, and many of these factors can be exacerbated by negligent medical treatment: Prolonged inactivity: If a patient is left immobilised for a prolonged period, such as after surgery or during hospitalisation, they may be at risk of DVT. Negligence may occur if healthcare providers fail to implement preventative measures such as encouraging movement, administering blood-thinning medications, or fitting compression stockings. Obesity: Obesity is a known risk factor for DVT. Failure to properly manage an obese patient’s care or implement necessary preventive treatments, especially during surgery or hospitalisation, may be considered negligent. Damage to blood vessels: Medical procedures, including surgeries and invasive treatments, may sometimes cause damage to blood vessels. If this happens and appropriate care isn’t taken to mitigate the risk of clot formation, negligence may be a contributing factor. Ongoing medical conditions: Patients with chronic conditions such as heart disease, kidney disease, or cancer are at higher risk of developing DVT or PE. Failing to recognise and manage these risk factors can lead to preventable complications. Family history and genetics: Blood clotting disorders can run in families, and a family history of DVT or PE increases the risk. In cases where this genetic predisposition is overlooked, medical professionals may be held accountable for negligence if DVT or PE develops. Pregnancy and Hormonal Factors: Pregnancy and recent use of contraceptive pills or hormone replacement therapy (HRT) are associated with an increased risk of clotting. A failure to account for these factors and implement preventative measures may constitute negligence. Smoking: Smoking is another well-known risk factor for DVT and PE. If a patient is a smoker, extra precautions should be taken during treatment or surgery to prevent clot formation. Use of casts or immobilisation: Patients in plaster casts or those immobilised due to fractures, particularly in the lower limbs, are also at risk. Healthcare providers must assess the individual risk factors and, where appropriate, administer blood thinners or provide other preventive measures. Blood Clot Negligence Healthcare providers are expected to assess patients’ risk for developing DVT or PE and take appropriate preventative steps. This may include: Administering blood-thinning medications (anticoagulants). Encouraging early mobilisation and physical activity after surgery. Using compression stockings or devices to stimulate circulation. Monitoring for early signs and symptoms of DVT or PE. Failure to adhere to these standards can result in clinical negligence claims, as the development of DVT or PE may have been preventable with proper care. DVT and PE in the UK – The Stats DVT and PE are significant health concerns in the UK, with an estimated 25,000 preventable hospital deaths from venous thromboembolism (VTE), which includes DVT and PE, occurring annually. This makes VTE one of the leading causes of hospital-related mortality. Each year, around 60,000 people in the UK suffer from DVT, and around 40,000 develop PE. Many of these cases are preventable with proper medical care, and a significant number of deaths and complications could be avoided with adherence to clinical guidelines. In cases where DVT or PE arises due to negligent medical treatment, affected individuals or their families may be entitled to compensation. The NHS pays out significant sums in compensation for clinical negligence claims each year. In the 2022-2023 financial year, £2.6 billion was paid out in compensation for clinical negligence claims across England and Wales, including those related to DVT and PE. Patients who experience long-term complications, such as post-thrombotic syndrome (a condition that can cause chronic pain, swelling, and ulceration in the legs following a DVT), may also be entitled to additional compensation for the ongoing impact on their quality of life. How to make a blood clot & DVT claim DVT and PE are serious medical conditions that can be exacerbated or even caused by clinical negligence. While many factors contribute to the development of these conditions, medical professionals have a duty of care to mitigate the risks wherever possible. Failure to do so can have devastating consequences, and those affected may be entitled to compensation for their injuries. If you believe you have suffered due to negligent treatment, it is essential to seek legal advice to explore your options for making a claim. Our team of specialist medical negligence solicitors are here to help you understand your rights and seek the compensation you deserve. Contact us for expert advice and support in pursuing a claim.