Cancer Misdiagnosis

Cancer is a disease that cannot be pinned down to one single cause. There are various factors which may help increase the likelihood of an individual developing the disease. Your genes, general lifestyle, or even the environment may all contribute to increasing the chances of developing the disease.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient's life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

How can you make a claim?

In order to establish the doctor's liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:

* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?

* Would the patient's condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?

In order to establish whether to give compensation, the courts use what we call the 'balance of probabilities' test. Therefore, if it is agreed by the experts in the same speciality that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

Forms of misdiagnoses made by doctors in cases of breast cancer:

* Not following up on test results

* Failing to order new tests

* Failing to spot early symptoms

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to observe an obvious lump during an examination

These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.

If you have been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

How To Get Ex Back

Look around and you will see lots of couple going through break-ups and patch-ups. What is more surprising is that a lot of these patch-ups are actually temporary and if you visit them after some while, they would have broken up again. Now the existence of that relationship is just signified through a shrug and a phrase, “It just did not work out”.

Search online and there are an umpteen number of love gurus and love doctors belting out advice on how to get ex back - from sending a bunch of flowers each day to writing poems and ballads to arranging surprises for your ex. But these are just short term solutions and actually quite corny and suitable for teenager crushes and infatuations.

If you are an adult couple and now have broken-up and wondering on how to get ex back, the above sites are not for you. These are just tactical strategies that provide joy at the spur of the moment. If you have broken up due to some serious issues, this is not the way to approach to get your ex back. Instead, spend a few hours thinking what went wrong in the relationship. Obviously, both of you wanted to stay committed to each for at least a while or you would not have gotten into the relationship. Then what were the issues which caused you to drift apart? If you find the answers to these, half your problems are over.

The next thing that you have to think about is what you can do to alleviate these issues. Not all issues can be because of you - it could also be due to some other problems that your ex is facing such as work pressure, unemployment and financial stress. In such scenarios, think what could be your role. If you feel you can go ahead and do something more, ensure you are ok with it. You should not feel that you are giving too much in the relationship and getting nothing in return. Such relationships are bound to end.

Try to arrange a meeting with your ex. Now, there are a few sites that suggest you wait for a certain time period before you go ahead and call but this is all silly childishness and clash of egos. If you are interested in getting your ex back, go ahead and give a call. Do not get into any arguments over the break-up. Control your emotions and talk to your ex in a friendly manner. Your ex might hesitate to meet. Be assertive but not aggressive. At the same time give sufficient space. Meet up in a place that is neutral - not your house or your ex’s house. Talk over things. Get a commitment to meet more times regularly and take it from there.


Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Medical Negligence Occurring In Dentistry

Making a trip down to the dentist is one that can prove to be quite an uncomfortable experience for many of us. After all, it is not a pleasant idea to have the inside of your mouth probed and examined. Nonetheless, it is an essential part of our health regime and it is important that we should be able to trust the health professionals in charge of taking care of us.

In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.

What are the types of dental negligence?

There are many different ways a dentist can be negligent. Below are some of the more common mistakes made by dentists:

Misdiagnosis by dentists

This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation

Carelessness in procedure

It is the responsibility of the dentist to perform the dental procedure to a high standard, up-keeping the patient's personal safety at all times. This is essential as great trust is placed in the dentist carrying out the procedure. However, the dentist may be careless during the procedure and end up causing personal injury to the patient. This can give rise to a clinical negligence claim.

Inadequate treatment by dentists

The patient is entitled to receive a high standard of treatment for their dental problems. In some cases, the dentist fails in this duty, and as a consequence the patient suffers personal injury. In order to make a clinical negligence claim, the patient will have to prove that another dentist in the same professional capacity would not have made the same error in judgement.

Drug usage by dentists

Providing the patient with the wrong dosage of drug can have catastrophic consequences for the patient. Similarly, failing to make note of the patient's allergy by not examining the forms properly is another serious error sometimes made by dentists. These are serious errors that can give rise to a compensation claim.

If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.

Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Undergoing Laser Eye Surgery

Laser eye surgery is becoming increasingly popular in the UK. If the procedure is performed in the correct manner it can lead to great results for the patient concerned. The patient will be able to enjoy a better quality of life and the procedure itself is not that long. However, as with any surgical procedure, laser eye surgery comes with risks and on occasion, complications can occur.

This procedure involves correcting long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.

Complications and risks

There are many benefits of having laser eye surgery, but what about the risks? For instance some patients come out of the surgery with new visual problems, such as developing a glare. Other patients experience dry eyes. In addition, some candidates are not suitable for laser eye surgery at all. It is the doctor's duty to screen the candidate thoroughly in order to establish the candidate's suitability.

Some of the complications that crop up can vary from patient to patient. Some problems can be solved with some extra treatment. However, in some rare cases, the complications can be far more serious, some cases leading to blindness.

Undergoing Cataract surgery

Cataracts usually cause impaired vision for elder patients. It is a degenerative disorder, however it can also have other causes. Cataract surgery is usually performed to improve the patient's eyesight and this is done by the lens of the eye being broken down into tiny pieces which are removed through a small cut in the eye. The lens is then replaced with an artificial one.

Problems can occur during the surgery through faulty technique or when the wrong lens is inserted. This can happen when the pre-operative assessment is not run properly and leads to misleading and inaccurate results.

It is important to consider whether the doctor outlined all the risks or downplayed them to the patient. In addition did the doctor follow the correct post-operative procedure? These types of issues are important and will be raised when a patient brings forward a clinical negligence claim.

The process of making a claim

This will depend on a few things such as:

* The full nature and extent of your injury

* Your recovery rate from the injury and whether it has any long term consequences

* The amount of losses you will be facing as a consequence of the injury

Our specialist solicitors have a great deal of experience dealing with these types of claims. If you have suffered an injury as a result of your surgery, our solicitors should be able to help you with your claim.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

What To Do If You Get In A Car Accident

It’s an unfortunate fact – everyone in Houston is likely to get into a car wreck sooner or later. Do you know what to do after the crash? (And I’m not talking the stock market here!) A car crash, no matter how big or small, is a scary and serious event. You have important legal rights pursuant to the law, but its YOUR responsibility to protect those rights.

FIRST: Stay calm! After any accident you are going to have loads of adrenaline dumped into your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. Just remember, we are not cave men. We cannot flee the scene and we’re certainly not going to fight!

SECOND: Check for injuries. Check yourself and then check on the other occupants of your vehicle. If there is ANY chance that anyone may be injured, you should immediately call 911 and request an ambulance. There may be a life or death situation, so please don’t take any chances. If it is safe to do so, you may check to see if the occupants in the other car are injured, but NEVER SPEAK WITH THEM ABOUT THE FACTS OF THE COLLISION. NEVER! EVER!

THIRD: Protect yourself, other drivers, and the accident scene. I always recommend people carry a safety triangle in the trunk of their car. Following a collision, if you have a safety device or signal, you should place it an appropriate distance from the collision in order to warn other drivers. You should do this ONLY if it is safe for you to do so. (Running out in the middle of the Northwest Freeway to put up a plastic safety triangle would fall under the heading of “REALLY bad idea!”)

FOURTH: Call the police. Depending on how busy they are, it may take them a while to respond, especially if no one is seriously injured. Be patient. Many officers who respond to traffic accidents are trained accident investigators. In protecting your rights it is extremely important to have an impartial police officer prepare a report. Always remember to be extremely polite and cooperative with the police. Their jobs are extremely difficult and often thankless. Remember: NEVER admit fault to the police. Simply tell them what happened, answer their questions, and cooperate with their requests. They will assist you in exchanging information with the other driver.

FIFTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to drive to an emergency room or to your doctor’s office. Don’t take chances with your health.

SIXTH: (You knew this was coming, right?) If you have any questions or concerns about your legal rights, consult with an attorney. Most people don’t know what their legal rights are after an accident, nor do they know how to enforce those rights. An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate (and almost unavoidable) event of a car wreck. Remember, this article doesn’t act as specific legal advice. I’m just giving some general tips here.

You can protect yourself before an accident by driving safely, driving defensively and always wearing a seat belt. You can protect yourself after an accident by following these tips above.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Truck Accidents: Lowboy Trucks

Tractor-trailer accidents can be some of the most serious accidents on U.S. highways, simply due to the massive size and weight of these types of vehicles. Lowboy trucks, in particular, pose several specific safety concerns.

What is a Lowboy Truck?

A lowboy truck is defined as large trucking vehicle connected to an open, flat trailer. The trailer’s deck height is extremely low to the ground, so that cargo can be loaded and unloaded easily. The trailer is typically used to carry large, heavy construction or industrial equipment. Special permits are often required for lowboy trucks because of the oversized loads.

There are two types of lowboy truck-trailers, front loading and rear loading. With a front loader, the gooseneck (large metal apparatus that connects the trailer to the truck) either detaches or folds down for loading from the front of the trailer. Rear-loading lowboy trailers have a stationary gooseneck and a rear, folding ramp for loading.

Lowboy Accidents and Safety Concerns

Unsecured loads
The heavy loads carried on lowboy truck-trailer combinations need to be securely attached to the center of the trailer. This prevents the load from shifting during transit. If shifting occurs, the truck and trailer can become off-balance, leading to driver control issues, or a jackknifed rig.

In addition, if the load is not secured well, a piece of heavy equipment could roll off during transport or at the point of unloading. This is a real concern for workers loading and unloading equipment, and vehicles traveling near, and especially behind, a lowboy truck.

Brakes
Brake and parking brake system maintenance is important for these lowboy truck-trailer combinations, as a lowboy driver unable to brake effectively can cause a serious highway accident.

Pinch points and crushing hazards
Lowboy operators and workers must be extra cautious, as there are many highly dangerous “pinch points” from movable parts in the goosenecks, ramps, winches and other areas. These pinch points can crush a worker easily during loading and unloading cargo, strapping cargo and hooking the lowboy trailer to the truck.
In addition, to avoid potential crushing hazards, unloading and loading on hard, level ground is paramount to safety.

Diminished driver views
When a lowboy truck is hauling a large load of equipment, the driver will be unable to see, in most cases, people around the vehicle or other traffic in the truck’s blind spots.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Truck Accidents: Garbage Trucks

Accidents involving garbage trucks or “trash trucks” are not always at the top of our minds, because they do not happen as frequently as other types of truck accidents in the U.S. But that does not make these types of accidents any less dangerous for the general public.

In fact, garbage truck accidents can, like so many large, heavy truck accidents, cause personal injury and even fatalities for the car drivers, pedestrians, motorcyclists, bicyclists and others involved. People who are injured by a trash truck accident can often suffer extreme injures, such as traumatic brain injury. After all, one garbage truck can weigh the same amount as five elephants.

Legal concepts like negligence and wrongful death can be involved in some garbage truck accident cases.

Typical Causes of Garbage Truck Accidents

Garbage truck-traffic accidents can be caused by any number of factors. Here are just a few that are often reported:

• Limited driver visibility
• Poor truck design
• Driver backing before looking
• Tired, overworked drivers
• Careless drivers
• Faulty backing alarms
• Oversized loads
• Driver failure to obey traffic signals
• Failure to stop at pedestrian crosswalks
• Driver failure to signal that the truck is turning
• Quick starts and stops
• Inadequate truck maintenance
• Poor-quality parts used on garbage truck repairs
• Loss of control of the garbage truck
• Garbage truck driving in the wrong lane (easing a trash pickup)
• Truck tire or wheel detaching from the truck

Garbage trucks can be dangerous for the workers who operate them, as well. Workers have been injured and killed on the job for reasons such as:

• Entering the “body” of the garbage truck during a crushing operation
• Overturning the truck in a roll-over accident
• Standing behind a backing truck
• Careless drivers of other vehicles while a worker is collecting garbage

In today’s waste management environment, most garage collection trucks are owned and managed by private companies. The private companies are under a contract with metropolitan areas to provide trash pickup for residents.

When an accident occurs, both the contracted private company and the cities who hire them can be held accountable.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Procedures Involving Failed Vasectomy and Failed Sterilisation

There are a number of people in the UK that decide for personal reasons to undergo a vasectomy or sterilisation procedure. It could be that they feel their family is complete, or in some cases it may be done for financial reasons. Whatever their reason, they have a right for the procedure to be done properly.

However, in some instances the procedure does not go successfully, as some patients find themselves with unwanted pregnancies and end up giving birth to a child they did not want. If it can be proven that this was as a result to medical negligence on the part of the doctors, than it may be possible to claim for compensation.

Cases involving failed sterilisation

There are numerous reasons why a surgery may fail. A sterilisation procedure is for a woman who decides that she does not want any more children. The procedure involves the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. If the surgeon performing the procedure is careless, the clips can come free if they are not secured properly during surgery.

Cases involving failed vasectomy

There is generally one or two reasons why a vasectomy fails. The first reason is in the surgical procedure itself, when the vas deferens tubes are not cut properly. Secondly, your surgeon may have failed in giving you correct post operative advice. Following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. Therefore your surgeon should warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.

Will you be able to make a claim?

This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.

A way to test this is if the conception occurs soon after a sterilisation or vasectomy procedure. If this happens, you are more likely to have a successful clinical negligence claim. Whatever the reasons for the surgery failing, an unwanted pregnancy can lead to great stress in a relationship, often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.

If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic

Compensation In Plastic Surgery

Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to 'ensure the safety and well-being of individuals having treatment'. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be noted that this only applies to doctors registering after this date, not before.

On most occasions the surgery is carried out by a qualified surgeon, however in a few rare instances this is not the case. If you feel you have been in this situation and would like help, we should be able to assist you.

Your case for compensation

If you have suffered significant scars or injuries as a result of the surgery, you will be entitled to make a compensation claim. It is natural to be feeling shaken, however you should be aware that it is your right to claim as every plastic surgeon owes a duty of care to their patient. The duty of care is owed both during and after the operation. You should be able to feel relaxed under the assurance that your surgeon will look after you and that your operation will be performed under the correct protocol.

If you have suffered significant injuries or scars as a direct result from the surgery, then it is very possible that your plastic surgeon breached their duty of care towards you and has been negligent.

Remember, a good plastic surgeon will always:

Be a qualified plastic surgeon

Give you proper information about the procedure and what you will personally gain from it

Inform you of all the risks involved in the procedure

Go though alternative options with you

Give you the opportunity to think about your options

Your plastic surgeon may have been negligent in using the wrong instruments to perform the surgery or made another error that resulted in you being emotionally and physically scarred. If you have personally suffered as a result of your surgeon, you have a right to make a compensation claim.

The most common types of plastic surgery complaints made include some of the following;

Inadequate information being given to the patient regarding the risks involved in the procedure

Nerve damage during a facelift

Extensive scarring during a procedure such as liposuction

Unanticipated scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic