Lawyer delivers warning over medical negligence

Kim Daniells

Kim Daniells

First published in News

A MEDICAL negligence lawyer in York has warned that hospital patients who feel their medical staff have not outlined the risks of invasive procedures are turning detective to take legal redress.

The Clinical Negligence and Catastrophic Injury division of Harrowells Solicitors, York, launched in 2011 and recovered more than £11 million in damages for victims of very serious injuries in 2013.

They said internet research by aggrieved patients is creating a rise in legal cases against doctors and surgeons failing to involve them under “informed consent” guidelines laid down by the General Medical Council.

Kim Daniells, partner in CNCI, said: “Patients are better informed than ever before and make their own inquiries about proposed investigations or treatment. Crucially, when problems occur, there is a wealth of information on the internet to help them find out how and why problems may have occurred.”

One case of alleged lack of informed consent being pursued by medical negligence lawyers at CNCI, York, is that of a woman in her 40s from North Yorkshire who needed throat surgery.

Although the condition for which she underwent surgery in an NHS hospital has a small, but well-established, risk of a tracheostomy – surgery to create a neck opening at the front of the windpipe to aid breathing – she says she was never told this might be necessary.

After complications caused breathing problems, she had to be hospitalised for weeks and required a tracheostomy for months. She was unable work for a year, but is making a slow recovery.

Comments (8)

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8:02am Tue 19 Aug 14

nowthen says...

Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.
Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money. nowthen
  • Score: 80

8:51am Tue 19 Aug 14

CaroleBaines says...

nowthen wrote:
Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.
Absolutely. One of the main things wrong with our society. There are valid claims, of course, but this sue-culture does great harm to the benefit of very few.
[quote][p][bold]nowthen[/bold] wrote: Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.[/p][/quote]Absolutely. One of the main things wrong with our society. There are valid claims, of course, but this sue-culture does great harm to the benefit of very few. CaroleBaines
  • Score: 16

10:09am Tue 19 Aug 14

ian923 says...

This sort of story should not be in the paper. These lawyer vultures are bad enough as it is. No wonder we have the compensation culture we have when people like this get free publicity. If I was the Editor this would not have appeared.
This sort of story should not be in the paper. These lawyer vultures are bad enough as it is. No wonder we have the compensation culture we have when people like this get free publicity. If I was the Editor this would not have appeared. ian923
  • Score: 12

10:14am Tue 19 Aug 14

smudge2 says...

nowthen wrote:
Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.
She is not a lawyer she is British and a solicitor....Parasit
es to society trying to get the poor to claim of the NHS hospitals to line there own pockets..Shame on you !!..and the press give them a free advert as well..
[quote][p][bold]nowthen[/bold] wrote: Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.[/p][/quote]She is not a lawyer she is British and a solicitor....Parasit es to society trying to get the poor to claim of the NHS hospitals to line there own pockets..Shame on you !!..and the press give them a free advert as well.. smudge2
  • Score: 10

11:02am Tue 19 Aug 14

Big Bad Wolf says...

Disgusting advert for parasite solicitors.

If one day they need treatment themselves they will see how stretched the NHS is and how this sort of abuse of the law is costing every member of society.
Disgusting advert for parasite solicitors. If one day they need treatment themselves they will see how stretched the NHS is and how this sort of abuse of the law is costing every member of society. Big Bad Wolf
  • Score: 12

1:07pm Tue 19 Aug 14

YOYOwhy? says...

smudge2 wrote:
nowthen wrote:
Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.
She is not a lawyer she is British and a solicitor....Parasit

es to society trying to get the poor to claim of the NHS hospitals to line there own pockets..Shame on you !!..and the press give them a free advert as well..
She *is* a lawyer. A lawyer is a person who practices law.
[quote][p][bold]smudge2[/bold] wrote: [quote][p][bold]nowthen[/bold] wrote: Good advert for the ambulance chasers ! That's £11 million less for the NHS to treet the sick and easy pickings for bloated lawyers to bank OUR money.[/p][/quote]She is not a lawyer she is British and a solicitor....Parasit es to society trying to get the poor to claim of the NHS hospitals to line there own pockets..Shame on you !!..and the press give them a free advert as well..[/p][/quote]She *is* a lawyer. A lawyer is a person who practices law. YOYOwhy?
  • Score: 2

1:35pm Tue 19 Aug 14

jaycee says...

It's a very sad day when a reputable local solicitors,who have been in existence for over 100 years (1908) resort to such measures to drum up business.Shame on you and ditch the ambulance chasing department.
It's a very sad day when a reputable local solicitors,who have been in existence for over 100 years (1908) resort to such measures to drum up business.Shame on you and ditch the ambulance chasing department. jaycee
  • Score: 9

6:37pm Tue 19 Aug 14

nottoooldtocare says...

As ever there are two sides to the argument and as jaycee rightly states it's sad day when a company as established as Harrowell's advertises in this way, and York Press this is an advert not an article.

Sadly there is now a place for firms who will pick up claims for negligence. Many years ago, hospitals, doctors, and many other businesses would have put their hands up an apologised and in all probability come to an "arrangement" of sorts. But not now, they wouldn't consider admitting they might have got things wrong, on the contrary they will deny anything.

I am aware of a number of instances where patients are believed to have been misdiagnosed, and denied investigations and treatment with fatal outcomes. The decisions made, or not as the case might be, have left several families devastated emotionally and financially. The trust involved has denied any blame or fault, but the relatives of these families have identified a number of common areas that would suggest negligence might be a significant factor. Without some of these firms the real causes would go undetected and other families face the same misery. The cost of a challenge against someone like the York PCT (as an example) is beyond the reach of most. As unpalatable as it might seem, try to imagine if you had lost someone in "questionable circumstances", who would you turn to? It's a bit like legal aid in the medical world.
As ever there are two sides to the argument and as jaycee rightly states it's sad day when a company as established as Harrowell's advertises in this way, and York Press this is an advert not an article. Sadly there is now a place for firms who will pick up claims for negligence. Many years ago, hospitals, doctors, and many other businesses would have put their hands up an apologised and in all probability come to an "arrangement" of sorts. But not now, they wouldn't consider admitting they might have got things wrong, on the contrary they will deny anything. I am aware of a number of instances where patients are believed to have been misdiagnosed, and denied investigations and treatment with fatal outcomes. The decisions made, or not as the case might be, have left several families devastated emotionally and financially. The trust involved has denied any blame or fault, but the relatives of these families have identified a number of common areas that would suggest negligence might be a significant factor. Without some of these firms the real causes would go undetected and other families face the same misery. The cost of a challenge against someone like the York PCT (as an example) is beyond the reach of most. As unpalatable as it might seem, try to imagine if you had lost someone in "questionable circumstances", who would you turn to? It's a bit like legal aid in the medical world. nottoooldtocare
  • Score: 1

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