Hernia Compensation Claims
If you have suffering from a hernia as a result of an accident that was not your fault within the last 3 years or it was associated with your past or present employment then contact LPS today.
LPS has dedicated solicitors that have helped thousands of people successfully claim hernia compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee claims process.
Hernias are a common condition, but they can be incredibly painful. While there are a variety of factors that can cause hernias, some are caused by the negligence of another person. This might be an employer who asked an employee to lift a heavy object without lifting aids, following criminal injuries such as a punch to the stomach, working environments that promote poor posture or accidental poisoning.
Hernias therefore feature in many personal injury compensation claims. These could be hernias that cause prolonged and extensive pain, problems with mobility, inguinal hernias, or uncomplicated indirect hernias.
Technically speaking, a hernia occurs when part of one of your organs or the wall of your organ pushes out from the space in the body that is designed to contain it. Hernias can be either external when the protruding organ part creates a lump on the exterior of your body or internal when the same protrusion is directed inwards into the interior of your body.
Abdomen, stomach or groin
This is perhaps one of the most common types of hernia injury compensation claim. The problem usually develops through a weakness in the lower torso stretching down to the groin which is exacerbated by the strain and pressure of heavy lifting.
Spinal or spinal disc hernia
This is a hernia which affects the spinal discs in your lower spine and can cause significant pressure on the sciatic nerve leading to severe pain the lower back buttocks and legs. There’s also a hernia which affects the lumbar spine, which does not directly affect your discs.
While hernias are commonplace, treating them can be quite difficult and frequently requires invasive surgery, and this can occur many months or years after the condition’s initial diagnosis. As a result, hernias can cause a great deal of harm to a victim’s quality of life. The pain and suffering can continue for a long time, and hernia patients also run the risk of being the victim of clinical negligence. Hernias can also lead to other complications, including strangulation of soft tissue and bowel obstructions.
What to do now?
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Frequently Asked Questions (FAQs)
Medical negligence – What is it?
Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.
Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.
Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:
- Failure to diagnose a condition
- Failure to warn you of the risks of a procedure or treatment
- Failure to prevent an infection being acquired while under their care
If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.
How do I fund a medical negligence claim?
But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.
A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.
Why should I make a medical negligence claim?
It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.
You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.
Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.
How long will a med neg claim take?
If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.
Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.
How much can I claim in compensation?
The amount that you’ll be awarded will be split into two categories: general damages and special damages.
General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.
Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.
Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.