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Injuries to the peripheral nerves and those affecting blood supply, which can include entrapment, blockage, dead tissue and sometimes amputation are just some of the problems resulting from medical negligence that can lead to claims.
In some cases, patients may suffer vascular injury when problems such as deep vein thrombosis (DVT) or pulmonary embolism (PE) should have been identified much earlier than they were. A delay in diagnosis of vascular conditions can cause long term damage, permanent disability and, in some instances, death.
A vascular injury may be evident from your medical records, however establishing that a medical professional was responsible for your injuries by their negligent action (or failure to act) can often be more difficult.
It is advisable to discuss making vascular disease or injury claims with an accredited specialist solicitor at Shoosmiths as soon as practically possible. We will gather the necessary medical evidence to support a claim and advise whether your claim is likely to succeed.
How do I make a vascular injury claim
In order to establish whether you have a case for making a claim, as the Claimant you would have to prove with the support of our expert lawyers that there was a breach of the duty of care owed to you by the doctor or surgeon and it was that a breach of that duty of care which on the balance of probabilities (i.e. a greater than 50% likelihood) caused you to suffer the vascular injury and loss.
The most important evidence will come from independent medical experts whose opinions will be crucial. The choice of expert, the questions the expert is asked and the way their evidence is used is vital in determining whether or not there is a case to answer in the first place and the amount of damages you recover.
Your legal team must be able to understand and interpret that medical evidence as well as the law. They must have knowledge of the area of medicine relevant to your treatment and injury as well as experience of the litigation process. The expertise of the legal team is key to the amount of compensation you receive and whether you are successful overall.
Membership of specialist panels of the Law Society or patient safety charity AvMA (Action against Medical Accidents) will be a good indicator that the solicitor or law firm you have approached has the necessary expertise and resources to handle your case.
How long will my vascular injury claim take
It is difficult to give a timescale in these vascular injury cases. It might take several years to settle a claim as this is dependent on many factors. Some people may need repeated operations, or other further treatment to correct problems arising from the initial negligence.
The long term implications of those additional procedures and any subsequent rehabilitation will have to be considered as part of any settlement and that may take some time to establish. Obtaining the necessary expert medical evidence detailing the extent of injury and damage you have suffered will also take time to gather.
The way the other side responds to your compensation claim also dictates the length of time it takes to conclude a claim. Sometimes liability is admitted quickly on the evidence we have provided in the early stages of a claim, but in other cases the other side may require you to be assessed by their own expert so they can value the case themselves. This will take considerable extra time before negotiations commence to reach a satisfactory settlement.
'Shoosmiths got me the rehab I needed and really helped with my family. They were fantastic throughout.'
Our clinical negligence team has considerable experience in dealing with these cases. We will handle your claim with sensitivity and compassion, but pursue it in a professional and determined manner.Why Shoosmiths