A Guide To Leeds Teaching Hospital Negligence Claims

By Joanne Jeffries. Last Updated 17th September 2021. Welcome to our guide on Leeds Teaching Hospital negligence claims.

Leeds Teaching Hospital negligence claims

Leeds Teaching Hospital negligence claims

Did you experience neglect or negligence at a Leeds NHS Trust hospital? Are you aware that you could look into claiming compensation for malpractice if the negligence caused you to suffer some sort of unnecessary harm?

This guide provides information about situations that could lead to patients claiming compensation for negligence or neglect at hospitals. It also includes information about making claims of this type and some of the restrictions in place, such as the personal injury claims time limit. We have also included amounts that could be claimed in terms of monetary damages for certain types of avoidable suffering. Hopefully, you will find the information contained within this page useful. Of course, if you’d like to call us for advice with regards to your specific circumstances, then we would be only too happy to hear from you. You can reach us by phone on 0800 073 8801. Other contact details are contained at the bottom of this guide should you need them.

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A Guide To Medical Negligence Claims Against Leeds Teaching Hospital

Have you experienced harm due to the negligence of a medical professional? If so, you may already be aware of the fact that if you could prove that such negligence caused you to suffer unnecessary harm, you could be entitled to compensation. Whether you’ve suffered medical negligence through dental malpractice, misdiagnosis or late diagnosis of an illness by a practitioner with the relevant expertise, negligent cancer treatment, avoidable childbirth injuries, surgical negligence and more, this guide aims to offer the information you may need and answer any pressing questions you may have.

Within this guide, we focus on medical negligence (also known as clinical malpractice) and how it can be present in hospitals, we offer advice, support, and statistics relating to Leeds Teaching Hospitals NHS Trust. If you’ve suffered harm because of hospital negligence, and the hospital admits liability, you have the choice whether to go on to make a claim. But what happens if the hospital doesn’t admit to the negligence?

Having a specialists medical negligence solicitor on your side could help you to build a strong and valid case for medical negligence. The area of law in itself is complex but then to go on and combine it with medicine can make it almost impossible to comprehend. That is why we always advise using a solicitor when it comes to making a claim for monetary damages.

Throughout this guide, you will not only find lots of information on how to choose a solicitor to help you, but you will also find out more about medical negligence and neglect, and what kinds of situations could lead to a claim. All our panel of solicitors work to a no win no fee structure for any claim that they go on to represent.

What Is Medical Negligence By A Hospital?

Medical professionals have a duty to provide a minimum standard of care to their patients. Medical practitioners or health care workers must not cause unnecessary harm or suffering to patients when they are treating them. If you want to pursue a claim for medical negligence it will be necessary to prove that;

  1. You were owed some kind of duty of care by the hospital or medical professional,
  2. The hospital/practitioners failed in this duty or breached it,
  3. You suffered harm because of this breach that could have been avoided.

If you have suffered negligence or neglect by Leeds Teaching Hospital and you could prove the above three statements to be true, you could be eligible for a compensation settlement.

Examples of medical negligence could include:

  • A patient being misdiagnosed by a practitioner who was capable of providing a correct diagnosis, leading to deterioration in the patient’s condition due to them not receiving the most appropriate course of treatment.
  • A patient undergoing a surgical procedure where a surgeon or their team members operate on the wrong part of the body due to them misinterpreting or misunderstanding notes and records relating to the patient.

If you suspect you are a victim of medical negligence but your circumstances are not detailed here, please call our team to obtain free, no-obligation legal advice.

How Medical Negligence By A Hospital Could Affect You

Medical negligence by a hospital could affect you in several ways. For example, you could suffer the following:

  • Negligence at A&E –  a suitably qualified doctor in A&E did not order the right tests to diagnose you, missed signs of a fracture or sent you home having failed to investigate a health issue. If they were negligent and it caused you to suffer more than you needed to, you could be eligible to claim compensation.
  • Neglect on a hospital ward or facility – if you suffered neglect by Leeds Teaching Hospital as an in-patient, from not receiving the medication you needed, to not being monitored correctly which led to the worsening of your condition.
  • A hospital-acquired infection due to poor hygiene standards/infection control. Lapses in hospital hygiene and cleanliness could lead to you contracting an infection that could have been prevented.
  • Negligence by a hospital pharmacy – if you were given the wrong medication or prescribed an incorrect dose, which had adverse effects on your health creating a totally new illness.
  • Surgical error – if surgical instruments were left inside the surgical site area and you had to under go another operation to have them removed.

If claiming for medical negligence a claim would not be valid for the act alone, harm must have been caused that could have otherwise been avoided had the negligence not occurred;

  • You had to undergo surgery that you would not have otherwise needed in order to correct a surgeon’s error.
  • You underwent invasive treatment that you would not have otherwise needed due to not receiving the right medication because you were misdiagnosed.
  • You had to undergo corrective treatment that you would not have otherwise needed because you were left with unsightly scars.

£1.4m Awarded In Compensation For Hospital Negligence Causing Blindness

One gentleman was awarded compensation for negligence at Leeds Teaching Hospital. The father, who was from Malton, suffered from tuberculosis in October 2010 and obtained treatment at Leeds General Infirmary. However, the treatment that he received resulted in a complete loss of sight.

After a six-year-long legal fight, the father was awarded a compensation payout of £1.4million,  with £85,000 per year being paid to carers that will be required for the rest of his life. It was reported that the man’s loss of sight had severely affected his life and his family’s life. Adding to this, his wife had to work longer hours to support the family. The trust admitted liability after a strong case was put to them with medical evidence that purported to show the medication given caused his loss of sight.

This may be an extreme case of negligence by one of the hospitals under the Leeds Teaching Hospital NHS Trust, but even if your injuries or illness is much less severe, you could still make a medical negligence claim if liability is proven.

Source: https://www.yorkpress.co.uk/news/16345494.14m-payout-for-dad-left-blind-by-negligent-medical-treatment/

Leeds Teaching Hospitals Trust Negligence Payouts – Updated September 2021

According to published statistics, here are the amount of claims and the amount paid in damages by Leeds Teaching Hospital Trust.

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Accounting Year Total Payments Made Number Of Claims Settled
2019/20 £28,807,346.22 124

You can find these statistics for 2019/20 here.

Over £30m Paid In Compensation Claims At Leeds Teaching Hospital

In 2017/18, according to NHS Resolution, there was a staggering amount of money paid out for claims against Leeds Teaching Hospital Trust, which covers Leeds General Infirmary and St. James’ University Hospital.

£30.7million in costs were associated with claims in 2017/18, which consists of £6.2m in claimant costs, £1.6m in legal fees for the NHS, and £22.8m in damages. This is an increase from the previous year’s figure of £26.6m.

Source: https://www.leeds-live.co.uk/news/leeds-news/tens-millions-paid-out-nhs-15691680

Calculating Compensation Settlements For Medical Negligence

Your medical condition would be assessed by an independent doctor, who would then write a report that could help value your claim. The report is needed to show the severity of your suffering, the amount of pain and suffering it caused at the time, what your prognosis is likely to be and how it will affect you overall in the future. Compensation calculators should only be taken as a guide as they cannot take in to consideration anything but your actual injury.

Below, we have put together a table based on the Judicial College’s Guidelines for compensation. These guidelines do not take into account how the suffering was caused i.e. medical negligence they are offered as guidance for all personal injury claims. This table shows some injury guideline amounts for compensation. Of course, this could only serve as a rough guide, but it might give you some idea of what kind of compensation payment you could be entitled to for your suffering.

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Injury Notes Payout Guideline
Kidney Damage (a) Serious damage to both kidneys or loss of both kidneys. £158,970 to £197,480
Kidney Damage (c) Loss of one of the kidneys. There would not be any damage to the other kidney. £28,880 to £42,110
Injuries to the bowel (e) Penetrating wounds with some permanent damage – but that will eventually result in normal function/control. £11,820 to £22,970
Loss of the spleen (a) Internal infection risks continue, and there could be damage to the immunity of the patient. £19,510 to £24,680
Damage to the reproductive system (female) (b) Causing infertility because there was a failure to diagnose an ectopic pregnancy with complications. £31,950 to £95,850
Failed sterilisation leading to pregnancy (female) No psychological harm In the region of £9,570
Damage to teeth (f) (i) Loss or severe damage to several front teeth £8,200 to £10,710
Very severe scarring (a) Claimants in this bracket tend to be quite young, ranging from around the teenage years to the early 30s, where there is severe cosmetic damage and this could invoke a severe psychological reaction. £27,940 to £91,350
Less severe scarring (b) Claimants in this bracket could experience substantial disfigurement, and a psychological reaction that is deemed to be significant. £16,860 to £45,440
Scarring (Significant) (c) Claimants in this bracket would likely have the worst of the effects reduced with plastic surgery. Psychological impact in these cases could be said to be not significant, or significant at first and then reduced. £8,550 to £28,240
Neck injuries (Moderate) (iii) Injuries that exacerbate or accelerate pre-existing injuries. This may lead to an increased risk of further injuries or permanent nuisance injuries. Period lasting no longer than 5 years. £7,410 to £12,900
Injuries to pelvis or hip (Moderate) (ii) If hip replacement has been necessary and successful, the award would be higher in the bracket, or if surgery could be required in the future. £11,820 to £24,950
Impairment of taste and smell Total loss of taste and smell Around £36,770

In addition to settlement amounts for the impact on your health, you could also claim for costs that have incurred directly because of your injuries or illness which were sustained.

This could include any future and current losses of earnings, as well as medical costs, travel costs and costs of care that you might need now, and into the future.

How Do I Claim For Medical Negligence?

It may not always be clear straight away if you have suffered any form of negligence. It may not be apparent for some time. Knowing whether you have suffered due to the negligence of a health care practitioner may not be something that you are aware of until you are diagnosed with a condition late down the line. There is a personal injury claims time limit. By law this is generally 3 years from the date of negligence or from when you became aware that you have suffered due to negligent treatment. There are exceptions of course which we can fully explain if you decide to call for more information.

To help build a strong case we advise that you;

Write notes – Taking down a full detailed account of the negligence you suffered using times and dates could be useful for you to refer back to should you be asked about it. It could also help you communicate what has happened to a solicitor if you chose to get legal assistance with your compensation claim.

Taking down witness details – Names, positions and contact details of staff might be appropriate if they witnessed the neglect by Leeds Teaching Hospital that led to you being harmed. Other witnesses, that might have been on a hospital ward with you, for example, could be useful in corroborating your account of what has happened to you.

Taking photographs – If you have suffered physical injuries, photographs of your injuries/illness will be of use.

Keeping any documents about costs – As we previously mentioned, you may be able to claim back costs you’ve had to pay out as a result of the negligence you have suffered. Retaining the evidence of these costs could help make claiming for them easier.

Checking you are inside of the time limit for claiming – This is three years from the date of negligence or the date of discovery of the negligence in most cases. Some exceptions do exist though.

Getting legal advice – If you call Accident Claims UK, we can offer advice on making a compensation claim for medical negligence. We will ask you for details of what’s happened and assess whether we think your circumstances might make you eligible for compensation. If we think your case could lead to a compensation payout, we’d be delighted to connect you with one of our panel of medical negligence solicitors.

Choosing a solicitor could be tricky if you do not know what to look for. We would advise you to consider the following when making your choice:

  1. Experience – It might be a good idea to consider what experience the solicitor has in making claims similar to yours. A specialist solicitor with experience in medical negligence could be more beneficial than choosing a lawyer that specialises in another area of the law.
  2. Communication – If you have no experience with the law, you may wish to use a solicitor who could explain things to you in layman’s terms, without resorting to legal jargon. It could be important to understand all of the aspects of making a claim, from the no win no fee agreement to the legal specifics of your case. A solicitor who could explain things to you clearly could be of real benefit.
  3. Reviews – If your solicitor has worked on cases similar to yours before, you could use the internet to search for independent reviews.

No Win No Fee Claims For Medical Negligence At Leeds Teaching Hospital

Are you considering claiming compensation for neglect at Leeds Teaching Hospital, but you’re not sure that you have enough money to retain the services of a personal injury lawyer, then you may be happy to learn that you would not need any funds at all to begin such a claim with a no win no fee personal injury solicitor.

Working with a solicitor in this way means that you’d sign an agreement to pay them out of your compensation payout, and not any upfront fees. You’d also only be required to pay them a percentage of your compensation as a success fee if a payout was achieved. The percentage cannot be more than 25% of the total compensation payout you are awarded. If it was not successful, but your claim was a valid one, then you wouldn’t have to pay the success fee. Here at Accident Claims UK, all of our panel of solicitors work on a no win no fee basis.

Contact Us To Start Your Claim

Accident Claims UK advisors could be reached in several different ways. You could easily get in touch with us at any time by phone on 0800 073 8801, or via email at office@accidentclaims.co.uk, or even via Live Chat or through our contact form.

However you get in touch with us, we’ll be happy to help you get the expertise and support you need.

Our Panel Of Doctors Covering Leeds

When you make a claim of this type, you would be required to see an independent doctor for a medical assessment. You may not have to travel too far to see a medical expert though. Some doctors who we can work with based in the Leeds area could include:

Rakesh Duggal

Citibase

1 City Square

Leeds

LS1 2ES

Guy Stevenson

Citibase Leeds Park Square

47 Park Square East

Leeds

LS1 2NL

Majella Okeahialam

Lower Ground Floor,

29 Park Square West

Leeds

LS1 2PQ

Could Leeds teaching hospital negligence claims include compensation for loss of earnings?

When you make a compensation claim for hospital negligence, you could receive compensation for the suffering and pain that you have experienced due to the negligence. However, you could also receive compensation for financial expenses that were caused directly by the medical negligence that you’d suffered. These are what are known as special damages, and could compensate you for loss of income. When it comes to claiming for loss of earnings, you would need to demonstrate that your income had been affected by time off work due to your injuries. This could include time taken off for psychological injuries as well as physical injuries. You would have to be able to prove that you had been paid less than you would have been if you hadn’t suffered medical negligence. Compensation for loss of income could include compensation for loss of overtime, bonuses and suchlike. As well as this type of compensation, you could receive special damages for care costs, medical and travel expenses. If you’re not sure what special damages you could include with your claim, please do not hesitate to call us for legal advice. We would be happy to assess your claim for you free of charge.

Could Leeds teaching hospital negligence claims include compensation for birth trauma?

Our solicitors, who are all authorised and regulated by the Solicitors Regulation Authority, could harness years of experience to not only help you claim for childbirth injuries that have physical consequences. They could also help you to claim for birth trauma if it has been caused by hospital negligence. We understand how traumatic such claims could be for the victim, so we take care to handle them as sensitively as we possibly can. If you’ve been harmed by birth trauma please contact our team. We could fight for the maximum compensation possible for your case.

Essential Links

How To Make A Negligence Claim – Our general guide on making medical negligence claims can be found here. You may find the information here useful.

NHS Claims – If you’re considering making claims against the NHS, this page could be of use.

Misdiagnosis Claims – Have you been misdiagnosed? Did it cause you harm? If so, you might be considering making a claim. Our general guide could be of use.

General Medical Council – The General Medical Council provides guidelines to doctors on the duties of a doctor.

NHS Constitution And Patients Rights – Learn more about your rights as a patient under the NHS Constitution.

This concludes our guide on Leeds Teaching Hospital negligence claims.