Infected Endocarditis Compensation Claims

What does a solicitor do in an infective endocarditis compensation claim?

If you make an infective endocarditis claim with us we’ll guide you through the process one simple step at a time. We understand how daunting it can be to take legal action against the NHS or a private medical practice, particularly when you want to concentrate on recovering from the impact of something as serious as endocarditis.

As well as offering tailored, one to one legal advice we provide empathetic support through the process of making an endocarditis claim. We take on the stress of gathering evidence, proving negligence and negotiating a settlement, and we’ll do it all on a no win no fee basis.

When you first contact us we’ll provide a free initial consultation during which we’ll listen to your account of what happened and where you feel you’ve been let down by the medical professionals dealing with you.

What is the claim process for an endocarditis compensation claim?

If we think you have a case for compensation we’ll set about building that case, starting with your own account of how you’ve been treated and going on to gather the evidence needed to show negligence, as outlined in the section below.

We’ll contact the responsible party, telling them that you intend to claim for compensation.

Once liability has been admitted we’ll negotiate a compensation settlement on your behalf. We know exactly how much you are entitled to on the basis of the suffering caused by your endocarditis, the impact it has had on your life and the chances of making a recovery.

We also know what kind of direct expenses you can claim for. If the complex and serious nature of your post-endocarditis condition means it takes some time to negotiate the full final settlement we’ll apply for interim payments to help you with expenses such as medical bills in the meantime.

In rare cases the other party may deny liability or refuse to offer a reasonable compensation agreement. If this happens your case will be settled in court, and the Wolferstans team will be by your side throughout, fighting for a just and fair compensation settlement.

We do all of this on a no win no fee basis, and are always on hand to offer support and answer any questions you might have in a clear, jargon-free manner. Endocarditis claims can be complex and stressful, but our job at Wolferstans is to protect you from that.

The complex nature of endocarditis claims and of proving that medical professionals have acted negligently means that expertise and experience of this kind is absolutely vital when making a compensation claim.

How much compensation could I claim for infective endocarditis?

The compensation you can claim for infective endocarditis will depend upon how severe the impact of the endocarditis has been in terms of your physical and psychological health. It could run from £10,000 for a minor case up to hundreds of thousands for a case which leaves you with permanent, life-changing symptoms.

You can also claim compensation for any financial impact which can be directly related to your infective endocarditis, i.e. if you have to give up working.

When we handle your compensation claim we’ll estimate the amount of compensation we think you are entitled to, and keep you fully informed if this estimate changes at any time. In all cases the final compensation settlement will consist of general damages and special damages.

General Damages

General damages are calculated on the basis of the pain and suffering you’ve been through, and the degree to which the endocarditis has stopped you from living your life to the full. The amount will reflect the physical and psychological impact of your illness, and the way in which it might have stopped you pursuing hobbies, interests and everyday family life.

Special Damages

Special damages in endocarditis claims are based on the financial impact the medical negligence has had on your life. In the first instance this will mean an amount of compensation to make up for any loss of earnings or pension provision you’ve experienced.

You’ll be compensated if the endocarditis has left you unable to work, or forced you to switch to fewer hours or a less well paid position. Special damages are also paid to compensate for any expenses directly related to your endocarditis, including the following:

• Money which you have to spend on medical bills now and in the future
• Money which you have to spend on care provision because of your endocarditis, now and in the future
• Money which you have to spend on any specialised equipment needed due to the impact of your endocarditis, such as mobility aids
• Money which you have to spend on adaptations to your home or vehicle as a consequence of the impact of your endocarditis
• Money spent travelling to and from any medical appointments linked to your endocarditis
• An amount to reflect the time given up by family members and friends providing care free of charge
• Money which you have to spend on therapy or counselling needed to cope with the impact of your endocarditis

When we work on your endocarditis claim we’ll explain exactly which expenses can be claimed for and how to gather the evidence needed to show what the medical negligence has cost you in financial terms. Then we’ll take that evidence and use it to negotiate on your behalf for the maximum possible compensation payment.

What is the time limit for making an infective endocarditis claim?

There is a time limit of 3 years where claims of medical negligence are concerned, from the date on which the negligent treatment in question took place. A case which involves a failure to diagnose endocarditis may involve multiple appointments at which symptoms of endocarditis were missed or mistaken for something else, so the 3 year limit will run from the date upon which you become aware of having been treated negligently.

The exceptions to the general 3 year rule include the following:

• You were under 18 when the negligent treatment happened, in which case the 3 year limit will run from your 18th birthday to your 21st
• You lacked the ‘mental capacity’ to start a claim during the 3 year period, in which case it will run from the date on which you finally regain capacity to claim on your own behalf

Despite the 3 year limit we would always recommend contacting us to start an endocarditis claim as soon as you suspect that you may have been treated negligently. The sooner you start a claim the fresher the events around your infective endocarditis will be in your mind, and the easier it will be to access the medical records dealing with your case.

Can I make a no win no fee claim for infective endocarditis?

When we handle an endocarditis claim for medical negligence we do it on a no win no fee basis. This means the following:

• We don’t take any payment up-front, or when we are gathering evidence, making your claim and negotiating with the other party
• We only take a fee if your claim is successful, and it will never be more than 25% of the compensation paid
• If your claim is unsuccessful the costs of the other party will be covered by insurance we take out on your behalf

Our no win no fee approach to endocarditis claims means that you can make a compensation claim without having to worry about spiralling costs or hidden fees and charges. We believe that anyone experiencing medical negligence should be able to claim compensation for the fact that they’ve been badly let down and to ensure that they aren’t financially impacted.

Can I make a claim on behalf of someone else?

You can make an endocarditis claim on behalf of someone else in the following circumstances:

The person with infective endocarditis is under the age of 18. You can claim as a responsible parent or guardian for a child aged under 18, and claims of this kind can be made by parents, grandparents or older siblings.

• When you claim on behalf of a child you are known as the Litigation Friend. If the child becomes 18 while the claim is being made they will take over responsibility for that claim.
• The person with infective endocarditis lacks the mental capacity to make the claim on their own behalf. You can become the Litigation Friend of someone without the mental capacity to pursue a claim on their own behalf.

In both cases the details of making an endocarditis claim will be the same as if the person was claiming on their own behalf. As a Litigation Friend you will be expected to act in the best interests of the claimant at all times.

What evidence do I need to be successful in an infective endocarditis claim?

The evidence for a successful infective endocarditis compensation claim will have to show the following:

• You received medical care which fell below the standards you might reasonably expect
• As a result of this negligence you developed infective endocarditis, or the endocarditis you already had became more serious than it would otherwise have been

Evidence to support a claim of this kind will include the following:

• Your medical records, particularly those relating to the period after which the symptoms of endocarditis developed, and any GP or hospital visits in which those symptoms were missed or not correctly diagnosed
• Your own detailed account of the treatment you received, including a timeline of medical appointments, visits to your GP etc. and the symptoms you presented with at each
• A record of any tests you’ve had, whether the results of those tests came through on time and were acted on and treatment you’ve received. This will be particularly relevant if individual symptoms were treated without the link to infective endocarditis being identified
• Witness statements from anyone – such as friends and family – who was present at the medical appointments you’ve had or has been able to witness the impact that endocarditis has had on you and your life
• The results of a medical evaluation which we’ll arrange with an expert of our choice. This will create a full picture of the impact that endocarditis has had on your health and the prospects for any recovery in the future
• Copies of any correspondence you’ve had with medical professionals or bodies, with particular reference to things like cancelled appointments and lost or delayed test results
• Documentary evidence of the financial impact infective endocarditis has had, such as bank statements, wage slips, medical bills and receipts for other direct expenses

We’ll use our knowledge of what it takes to make a successful endocarditis claim and the expenses you can claim for to guide you through the process of gathering the right evidence.

We understand how devastating medical negligence can be, and we take on the stress and hard work of building your endocarditis claim so that you can concentrate on putting your life back on track.

Understanding infective endocarditis: diagnosis and treatment

The symptoms of infective endocarditis are often similar to those of flu and include, but are not limited to, the following:

• A headache
• A high temperature or shivering/chills
• Aches and pains in muscles and joints
• Night sweats
• Shortness of breath
• A cough
• Fatigue

Other less common symptoms of infective endocarditis include:

• A loss of appetite
• Unexpected weight loss
• Confusion

Anyone developing symptoms of this kind should seek medical advice, particularly if they have a history of heart disease.

If you present to a medical professional with symptoms of this kind then they should do the following:

• Take a full history of your medical status
• Take down details of the symptoms, including when and how they developed
• Investigate your medical history and in particular any medical, surgical or dental procedures which could explain the infection
• Undertake a full medical examination including checking your temperature, heart rate and blood pressure

If infective endocarditis is suspected or can’t be ruled out further tests may be carried out, including the following:

• Blood tests
• An ultrasound scan or ECG
• A CT scan or MRI scan if other diagnostic tools prove to be inconclusive

Treatment for infective endocarditis

In most cases the treatment for infective endocarditis will involve hospital admission and a course of antibiotics administered via a drip. The antibiotics used will usually be chosen on the basis of blood tests, and more severe cases of endocarditis may require a mixture of different antibiotics in order to make sure that your symptoms don’t get any worse.

While the antibiotics are being administered regular blood samples will be taken to make sure that the treatment is effective. If the high temperature and other more severe symptoms recede you could be allowed to go home, but will continue to take antibiotics via a drip.

After going home you should still have regular appointments with your GP and a nurse in order to monitor the effectiveness of the treatment and check for any side-effects. In some cases the blood samples taken will show that the endocarditis is caused by fungi, and the treatment given will be antifungal.

In most cases the course of treatment will last between 2 and 6 weeks.

Surgery

In some cases infective endocarditis can damage your heart. If this is suspected, you should be referred to a cardiologist for a specialist assessment.

If the damage to your heart is severe enough you may need surgery to repair that damage. Surgery is usually recommended in the following cases:

• Test results and symptoms have flagged up heart failure
• Treatment such as antibiotics and antifungals have failed to bring your temperature down
• The cause of your infective endocarditis is drug-resistant bacteria or highly aggressive fungi
• Despite being treated with antifungals and antibiotics you have had 1 or more blood clots
• You already have a prosthetic heart valve
• An ECG shows that an abscess or fistula have developed inside your heart.

The main surgical procedures used in cases of infective endocarditis are:

• Repairing a damaged heart valve
• Replacing damaged heart valves with a prosthetic version
• Draining any abscesses and repairing any fistulas

Any delay in diagnosing or treating infective endocarditis could have serious implications and may be due to negligence. If you think this has happened in your case please contact the team at Wolfertans, and we’ll listen to your experiences and explain the process of making an endocarditis claim.