The British Heart Foundation reports that around 7.6 million people in the UK are living with a heart or circulatory disease. The good news is that advances in diagnosis and medical treatment are being made all the time, improving the outlook and survival rates for those affected by these conditions.
Unfortunately, some patients do not receive appropriate treatment. Our team of clinical negligence solicitors has supported many individuals and their families during cardiac compensation claims where substandard care has resulted in a poorer outcome or even the death of the patient.
Below are some frequently asked questions covering common cardiac conditions and the tests you might expect to undergo if you have been diagnosed with a heart problem; steps to take if you are dissatisfied with the cardiac care that you or a loved one have received; the process involved in bringing cardiac claims and the types of cases where compensation may be awarded.
A type I MI (a STEMI) happens when plaque that has built up in a coronary artery breaks away causing a complete blockage of the artery. A type II MI (an NSTEMI) occurs when insufficient oxygen reaches the heart – this can happen when there is a partial blockage of a coronary artery or it can be secondary to another illness, for example, sepsis.
It is important that symptoms that might indicate heart problems, for example chest pain, shortness of breath or heart palpitations, are investigated. Some of the more common initial tests that are used to investigate possible cardiac issues are:
Further information on these tests can be found on the British Heart Foundation website.
We look at each case on an individual basis but from our experience, there are common issues that recur, including:
The consequences of these issues can be life-changing, and in some cases, may even be fatal. We are experienced at working in these tragic situations, including providing assistance at inquests when appropriate.
Examples of some of the cases we have successfully pursued on behalf of our clients can be found here.
In order to succeed in any clinical negligence claim, it is necessary to prove two things:
You can still make a claim if your treatment was done on a private basis by pursuing a cardiac negligence claim against the doctor or surgeon directly. All private clinicians are obliged to have insurance so as soon as they are notified of a potential compensation claim against them, they should inform their insurers. We will then liaise with the insurers on your behalf throughout the claim.
Whether or not a patient has provided informed consent has always been an extremely important issue.
Historically, a doctor or surgeon only needed to advise a patient of the risks they felt were appropriate. In 2015, however, the Supreme Court ruled that a doctor must provide information to the patient about all of the material risks, including disclosing any risk to which a reasonable person in the patient’s position would attach significance and what reasonable alternative treatment options are available, including the option of having no treatment at all.
Just because you have signed a consent form does not mean that informed consent has been obtained. We deal with cardiac claims where patients were not advised of all of the material risks but still signed a consent form confirming that they were. We often hear that patients are asked to sign a consent form without understanding what it is, or that they feel rushed and pressurised into signing.
If the patient’s evidence is that they were not advised of all of the material risks and complications of cardiac treatment or surgery, and there is nothing documented in the notes to confirm that they were (even if a consent form was signed), we will carefully consider the case. If we feel that there is a claim to be pursued, then ultimately it will be up to the court to decide whether it accepts the patient’s evidence.
Provided it can be established that the care provided by a doctor or surgeon fell below an acceptable standard (ie was negligent), a patient is entitled to bring a cardiac compensation claim against them regardless of whether or not consent was given. This applies to treatment or surgery provided by the NHS or undertaken privately.
Under The Fatal Accident Act 1976, a statutory award for bereavement can be claimed by a spouse, civil partner or parents of a child under 18 years of age. This Act also allows a person who was a ‘dependant’ of the deceased to pursue a claim for financial dependency and loss of services. Please contact us for further advice as to whether you or someone you are acting for will be able to make a claim as a ‘dependant’ of the deceased. Under the Law Reform (Miscellaneous Provisions) Act 1934, a cardiac compensation claim can be brought on behalf of the estate for damages for the deceased’s pain and suffering and to cover funeral expenses and other associated losses.
The process starts with an informal ‘no obligation’ discussion with one of our medical negligence solicitors with experience in cardiology claims. If, following this discussion, the solicitor thinks there is a claim to investigate, funding will need to be put in place. You may have legal expenses cover as part of a household insurance or motor insurance policy which could fund your claim. If not, we can offer you a conditional fee agreement, more commonly referred to as a ‘no win, no fee agreement’.
Once funding is in place, your medical records will be requested. We will review your records and if we are of the view that your claim should be investigated, we will obtain expert evidence. Expert evidence is required because you must be able to show two things to pursue a cardiac negligence claim. Firstly, that the care you received fell below an acceptable standard (meaning it was negligent). Secondly, that this negligent care caused or materially contributed to an injury.
Both the type of expert and the number of experts used in each claim can vary depending on the treatment concerned. We may for example, obtain expert reports from cardiologists, cardio-thoracic surgeons, intensive care specialists, accident and emergency specialists, ambulance experts and / or GPs.
If the expert is supportive of a cardiac claim, a letter of claim will be sent to the defendant setting out all our allegations of negligence. The defendant will then have four months to provide a letter of response either admitting or denying our allegations. If a full admission is made and your cardiac negligence claim can be valued, settlement discussions will begin at that point. However, if no admission is made, we may need to issue court proceedings.
Additional experts such as care and rehabilitation experts, psychologists, occupational therapists or physiotherapists may also be used to assess the impact of your injuries and advise on your ongoing needs.
We always advise people to think carefully before bringing a cardiac compensation claim. Litigation is rarely straightforward; it is time-consuming and by its very nature involves focusing on poor care and a negative outcome and can therefore be very hard emotionally and psychologically.
However, by bringing a claim, damages recovered can make a real difference to the quality of life of someone who has been injured by sub-standard care.
There are two elements to a cardiac claim. First, ‘general’ damages can be claimed for pain, suffering and loss of amenity. This figure is based on previous court decisions and settlements and there are also judicial guidelines that provide estimated figures for specific injuries. The general damages awarded will largely depend on the extent of the injury and whether or not the symptoms are likely to improve over time or remain on a permanent basis.
The second element relates to ‘special’ damages for past and future financial losses which can be individually quantified. These include but are not limited to lost earnings, the cost of care and assistance from family and friends, additional travel costs, the cost of surgery / medical treatment on a private basis, the cost of aids and equipment, the cost of prescriptions and other miscellaneous items.
The value of a cardiac claim is very dependent on the extent of the injury and how that injury has financially affected the specific individual. Where the patient has died, depending on their circumstances, we can assist with a claim on behalf of their estate and dependants.
Medical negligence claims do take time, partly because both sides rely on evidence from medical experts who have their own busy clinical practices, and partly as a result of the complexity of the issues involved.
We progress everything as quickly as we can, but some cases can take several years to conclude. If negligence is admitted at an early stage in the claim, it is often possible to obtain an early payment of some damages (known as an ‘interim payment’) to fund treatment and support needs while the case is ongoing.
From the date of the negligence, patients have three years to bring a claim. It must either be settled, or court proceedings issued by that three-year deadline or the individual will be ‘time barred’. This is known as the ‘limitation period’.
Sometimes the limitation period may start to run at a later date, where the patient did not become aware of a significant injury that was attributable to the alleged negligence until later. For example, in a case where a doctor has negligently failed to make a diagnosis, the three-year period would start to run at the time the diagnosis is made. We will always assess limitation and advise you of the earliest limitation date.
In cases where the patient is under the age of 18 at the time of the negligence, the three-year time limit begins from the date of their 18th birthday.
If the patient dies before concluding any claim, the three-year period effectively ‘starts again’ at the date of their death.
If you or a family member are concerned about the treatment received for a cardiac condition, we are happy to talk to you on a ‘no obligation’ basis to go through what happened. We can then advise you on whether or not you may have grounds for a cardiac negligence claim.
Please either email us on clinnegspecialist@penningtonslaw.com, call us on 0800 328 9545, or contact a member of the specialist cardiac claims team directly.
© 2024 Penningtons Manches Cooper LLP.
All rights reserved.
Website design by Frontmedia / Dynamic Pear
Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.
Return to Cardiac claims
