Sometimes individuals attend the Accident & Emergency Department as a result of ‘foreign bodies’ being stuck inside them. A foreign body is something that is stuck inside you which should not be there.

Examples of a foreign body include pieces of glass, stone, metal, plastic, splinters/wood, pens and other such objects that can get stuck in the body.

Getting a foreign body stuck inside you can happen to anyone, but the event is most common in small children who play with small objects.

Negligence can occur in this setting due to:

1) A failure to examine you correctly which may include but is not limited to:

• A failure to take an adequate history and perform an examination.
• A failure to refer you to be examined by a more experienced healthcare professional.
• A failure to complete radiological examinations including x-ray and ultrasound scans to detect the foreign body.

2) A failure to diagnose the foreign body.

3) A failure to remove all of the foreign body once noted. These wounds should be explored/washed and foreign bodies removed to prevent infection and ongoing difficulties.

4) A failure to arrange a follow-up appointment.

5) A delay in removing the foreign body once noted, causing the condition to worsen in the meantime which may include but is not limited to the object disintegrating inside you.

If any of the above occurs when you attend the Accident & Emergency Department seeking healthcare assistance, you may suffer:

• Pain, suffering and loss of amenity, which otherwise would not have occurred, which may include but is not limited to infection.
• Further avoidable treatment which may include but is not limited to more complex and invasive surgery and the risks associated with the same such as infection and nerve injury.
• Deformity and/or amputation.
• Further attendances at healthcare establishments.

If the Accident & Emergency Department has failed to remove a foreign body from you, you may be eligible to make a medical negligence claim.

If you feel that you have suffered as a result of a misdiagnosis or delay in referral from a GP or Hospital, you may be entitled to bring a claim.

If you have personally suffered the negligence, you may bring about a claim in your own right. However, it may also be the case that the person who has suffered has passed away or they may be unable to bring about a claim themselves as they no longer have capacity.

In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the individual is still with us, or by the executor of the estate of surviving dependant if they have passed.

Our team will be able to assess on the prospects of your case and whether you would be eligible to make a claim.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

Given the complexities involved in pursuing Dental Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion.

We will provide you with regular updates on the progress of your case to ensure that you are kept informed.

It is often difficult to value Negligence claims at their outset given the complexities involved. However, we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.

Special damages – An award for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

This list is not exhaustive and is very case-specific.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For example cases and settlements that we’ve successfully handled, read this article.