Limb reconstructive surgery and clinical negligence: Protecting clients and preventing harm
Recently, the issue of clinical negligence in limb reconstructive surgery has been making headlines, drawing attention to serious incidents that have led to significant harm. Such cases highlight the devastating impact that medical negligence can have on individuals, particularly children, who often face life-altering consequences.
Given the nature of catastrophic injury cases, they often attract a high level of media interest which for many clients, adds another layer of stress to an already difficult situation. As specialists in clinical negligence claims, we are deeply saddened by these reports, and our focus remains on ensuring that cases like these are never repeated.
What should your family do if you suspect clinical negligence?
If you or a loved one has experienced medical care that didn’t go as planned, it can be an incredibly distressing and overwhelming time. In some cases, unexpected outcomes are a normal part of medical treatment. However, if you feel that the care provided was below an acceptable standard and caused harm, it may be a case of clinical negligence.
The aim of any legal adviser should always be to secure the best possible outcome for the patient, whether that’s through compensation for the physical and emotional harm they’ve suffered or by ensuring that their voices are heard in the aftermath of such incidents.
We have put together some steps to help guide you through the process, to give some clarity during what can be a very difficult time.
Recognising whether you have experienced clinical negligence
The first step is understanding whether what has happened might be considered clinical negligence. Negligence occurs when a healthcare professional’s actions (or inactions) fall below the standard expected, directly leading to harm.
Some common examples include:
- Surgical errors
- Misdiagnosis or failure to diagnose a condition
- Delays in treatment that lead to worsening health
- Medication errors
- Failure to obtain informed consent before procedures
- Inadequate post-operative care
If your situation involves one of these scenarios, or if you simply feel something went wrong that shouldn’t have, you may want to investigate further.
Make sure you document everything
Keeping detailed records of your experience is crucial. Write down everything you remember about the treatment or surgery, including:
- the dates of appointments, treatments or surgeries
- names of the doctors, nurses or other healthcare providers involved
- what was said or explained to you at different stages
- any consent forms or documentation that you signed; and
- changes in the patient’s condition, including any symptoms or signs of worsening health
Collecting this information early on will help ensure that key details aren’t forgotten. It also serves as useful evidence if you decide to pursue a clinical negligence claim going forward.
Request medical records
As a patient, you have the legal right to access your medical records – these records represent an essential step in understanding exactly what happened during the period of your care. Records will provide insight into the treatments administered, notes made by healthcare professionals and any tests or diagnostic results.
You can request medical records directly from the hospital or healthcare provider. Keep in mind that obtaining these records can take time, so it’s best to start this process as soon as possible. Once you have your records, you may wish to review them with a medical negligence expert who can help you make sense of any technical terms or clinical decisions.
Consider making a complaint
Filing a formal complaint with the healthcare provider is a good way to address concerns early on. Most hospitals and medical practices have a complaints procedure, which can help patients to identify issues with their care. Be sure to file your complaint in writing and keep copies of all correspondence for your records. This route can sometimes lead to a resolution, such as an apology or explanation, without any need to take legal action.
Seek legal advice
If you believe that the experience that you faced amounts to clinical negligence, it may be time to seek legal advice. Your legal team will help you gather the necessary evidence, consult independent medical experts and navigate the legal system. The independent medical experts will review the care you received (and look at your medical records) before providing an objective opinion on whether the treatment fell below accepted medical standards. This can help you understand whether the harm that you or your loved one experienced was preventable or simply an unfortunate but non-negligent outcome. It’s important to have clarity on this point before moving forward.
Engaging legal support at an early stage is crucial and it also ensures that a claim is brought before the Court before the expiry of any relevant limitation period.
Take care of your wellbeing
It’s important to take care of your own well-being during this time. As clinical negligence claims can be lengthy and emotionally draining, it’s important to make sure that you and your loved ones have the right support system in place. This might involve:
- seeking out counselling
- joining a family support group
- turning to friends and family for emotional support
At Thompson Smith and Puxon, we have a long-standing commitment to helping those affected by medical negligence and specialise in catastrophic injury claims – especially those involving orthopaedic and reconstructive surgery.
With offices in Colchester and Clacton, whether you are local to our offices or are based further afield, our experienced team brings dedication and expertise to each case, with a proven track record of success in handling claims.
Contact our Clinical Negligence team today to discuss your case and learn more about how we can assist you in seeking justice.