When underdoing a procedure, tools and other materials may be used to assist the healthcare professional.

Sometimes, these items are left in your body when the procedure is completed, which should not happen. This is because protocols should be place to ensure that the tools and other materials used are accounted for once the procedure is completed.

Items left in your body following a procedure, which should not be in your body, once found will be referred to as a ‘foreign body’ or ‘foreign object’.

If you have a foreign body or object in you, you may:

• Suffer additional pain, which otherwise would have been avoided.
• Suffer damage to your organs caused by the foreign body or object.
• Require further surgery to remove the foreign body or object, which in itself carries numerous risks including the risks of infection and nerve damage.

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 some examples of successful cases and claim amounts awarded, read the case studies featured here.