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Medical Negligence – Could you be entitled to a claim?

03 October 2018

Robert Clarke

medical negligence

Medical professionals such as surgeons owe a duty of care to their patients and when it comes to receiving medical treatment, you are putting your trust and wellbeing into the hands of a professional.

Unfortunately, in some cases, medical treatment falls below a patients’ expectations, due to the performance of care, leaving them with life changing consequences.

In a recent case involving Sam Elijamel – a surgeon from the head of the Neurosurgery department in Ninewells Hospital in Dundee, had been harming his patients for years and in one extreme case, he removed the wrong part of a patient’s body.

After asking to see her medical records, a patient of Sam Eljamel named Jules Rose, was subject to harm by her surgeon. When her first operation took place she had been told a tumour behind her eye had been “99% removed”, Mr Eljamel had in fact removed the wrong part of her body - instead of the tumour, he had taken out her tear gland. She then had to undergo a second operation. “I thought I could trust my brain surgeon” comments Jules.

It has now been revealed Ms Rose became one of many patients to have been harmed by Sam Eljamel, the BBC Scotland's Disclosure team states. They saw evidence that dozens of people claimed to have been harmed by the surgeon.

Jules Rose sued the hospital and received compensation.
When making a medical negligence claim, the claimant needs to prove that the care provided fell below the standard expected of a medical professional and this caused harm to their health which would not have otherwise occurred.

It is imperative that you keep records of absolutely everything related to the case. As evidence of your mistreatment. We recommend you keep a diary of events to includes any expenses/losses you have incurred.

Before it comes to making a claim, it is important to understand what medical negligence stands for:
Medical Negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from the expected medical standard of care you were entitled to receive.

Claims for Medical Negligence involves complex legal and medical issues and we understand that the prospect of pursuing a case may seem like an intimidating idea.

At Taylor Bracewell, our Robert Clarke – Injury Compensation Solicitor understands the need and entitlement to securing compensation for the pain, suffering and losses caused to you and your loved ones following any negligent medical treatment.

For advice on pursuing a claim, or if you would like to speak to a Solicitor, please do not hesitate to contact our Robert Clarke on 01302 965252. Or alternatively, you can email