Confabulations

As workplaces go, construction sites are probably the most dangerous. Because only fit construction workers can work and because injuries are frequent, accident claims are very common in this sector.

The risks on construction sites are many, but they include: dangerous equipment, dangerous materials, the physical strain of the work, working at great heights, heavy machinery and asbestos exposure. Employers and site managers have the responsibility to give employees appropriate, correct and current safety advice and equipment. Employers must also ensure that employees take regular breaks to ensure they can concentrate.

The Health and Safety Commission is responsible for safety regulations in Britain. In conjunction with the Construction (Design & Management) 2007 regulations, the commission works to ensure risk of accident is as small as possible.

If it can be proven that an employer has failed to follow health and safety regulations or didn’t do all that was practicable to safeguard employees then workers who are injured may be entitled to make an accident claim. In the event of injury, the victim should gather together as much evidence as possible including the names and addresses of witnesses. This is especially important because the construction site is an ever changing environment and it is possible that the cause of the injury (which is important evidence) will be removed as the building process progresses.

Employing an experienced solicitor is vital in this complex area of law. Raleys Solicitors are a Yorkshire-based law firm with years of experience in handling accident claims.

A grandmother has received a five-figure payout in the final claim against Barnsley Hospital NHS Foundation Trust following botched treatment by a disgraced breast cancer surgeon.

Raleys Solicitors has successfully won damages for 11 women who lodged complaints following surgery carried out by consultant surgeon Puvaneswary Markandoo.

Speaking for the first time since winning her claim against the hospital for the incorrect excision of the tumour and axillary node sampling procedure, the 52-year-old Barnsley woman, who does not wish to be named, said: “It has been an absolute nightmare which is still having an effect on me today. From the moment I was diagnosed with breast cancer it has been a terrifying experience.

“Anyone who has had cancer knows that it turns your world upside down. To find out years after undergoing surgery that much of that treatment was unnecessary is indescribable. I have felt shocked, upset and angry, all the emotions you can imagine. You put your trust in a hospital and the doctor, believing you are in the best hands and that they will take care of you and do what is right for you, and then to discover that is not what happened at all, it leaves me at a loss.

“I am still on anti-depressants and I have been left terrified of what the future may hold in terms of my health. The thought of ever having to go back into hospital makes me feel anxious and frightened.”

The married grandmother of three was diagnosed with cancer in 2005 after finding a lump in her breast. She was referred to Barnsley Hospital by her GP for tests and first came into contact with Ms Markandoo when she was given the devastating diagnosis. She should have undergone a lumpectomy to remove the cancerous lump and axillary node sampling but instead Ms Markandoo performed a radical axillary dissection – a much more extensive form of surgery.

The error was only discovered after the woman responded to an appeal by Raleys Solicitors in 2007 for former patients of Ms Markandoo to come forward after several other complaints were made. Raleys referred clients to a top breast cancer specialist in Luton who examined the surgery carried out by Ms Markandoo.

Jenny Garbutt from Raleys Solicitors said: “No amount of money can make up for what our clients have had to go through. The experience of this lady is just one of many. At least now this closes, once and for all, what has been a very distressing chapter in the lives of a number of women. Many were breast cancer victims who had to undergo mastectomies, and were having reconstructive surgery as part of their rehabilitation. We dealt with cases where repeated surgery was needed to correct stitching which did not heal properly, and where permanent damage had been done to the circulation in the breast tissue.

“To suffer the kind of injuries these women suffered in those circumstances is horrific. Hopefully, now all the cases have been settled, they will feel some sense of justice has been served.”

Ms Markandoo was suspended after 35 women came forward to complain about problems after operations. In total, 29 proceeded with compensation claims against Barnsley Hospital NHS Foundation Trust and Health chiefs admitted negligent failings in a vast majority of payout cases.

In 2008, the General Medical Council found Ms Markandoo to be deficient in 11 areas of her job, including basic surgery and working within laws and regulations.

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Hospital negligence claims can go on over a long time period with no guarantees of a successful outcome because medical negligence is notoriously difficult to prove. This is why seeking the advice of a hospital claims solicitor is vital as soon as you decide you want to make a claim.

Hospital negligence claims can be so complex because you effectively have to argue against a medical professional that the care you received fell below the expected standard. Don’t write off the idea though: if you have truly been injured as a result of negligence then you are fully entitled to make hospital negligence claims for compensation. Even though the process is long, complex and often difficult, remember that it is the path to justice for you and it could prevent other patients being injured in the same way in future by forcing change to medical practice.

Included in the definition of negligence claims for the purpose of hospital negligence claims are erroneous diagnosis of failure to diagnose. Negligence could also arise when errors are made whilst performing a procedure or treatment, failing to obtain full informed consent from a patient or neglecting to inform a patient of the full risks of a procedure.

Patients who feel they may have been victims of negligence should ideally begin by voicing their concerns with the medical professional responsible for their care.If necessary file a formal complaint. Making a formal complaint should get you an apology and explanation as well as hopefully preventing the same problem happening to any other patients in the future.

In the event that a formal complaint hasn’t given you the information or closure you hoped for, you should consult a hospital negligence claims solicitor. Your solicitor will ask a medical expert who is independent to review your medical records. Your solicitor will give advice on what to do next if they and the independent medical expert believe you have grounds for a claim.

Don’t forget that hospital negligence claims are subject to a time limit. Victims must being their claim within three years of the injury, or within three years of it being noticed.If the victim is a child then the three years begins on their eighteenth birthday.

In order for hospital negligence claims to be successful, you must be able to prove both the negligence and causation. For negligence, this means demonstrating that the care you received fell below the expected standards of a competent medical professional. To prove causation you must demonstrate that it was the negligence which directly caused your injury and that the injury wouldn’t have otherwise occurred.