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As fun as sport may be, a lot of the activities are dangerous and you are at risk of injury in participating.
Suffering an injury whilst participating in sport is distressing. As a sporting individual you will be concerned as to any lasting effects of the injury. Medical treatment is therefore a key priority. Sub-standard treatment can affect your recovery or sometimes worsen your symptoms.
Negligence can be an issue for both professional and amateur sportspersons, and can arise from treatment received following injury either arranged through your club or establishment, rehabilitation providers, on a private basis or through the NHS.
In order for a claim for clinical negligence to be successful we have to show that you were treated negligently, and that this has caused you some damage.
At Ramsdens Solicitors we are able to assist you in receiving the compensation you deserve in respect of any negligent treatment. Damages will be assessed in two ways – firstly to compensate your physical symptoms, and secondly in the refund of financial losses incurred (including care and assistance or other services provided).
Often sportspersons are affected significantly as a result of injury, and for professionals, their entire career path can alter. Lost earnings can be recovered in a claim for damages together with additional benefits received and often relating to performance. For amateurs and professionals, loss of enjoyment will also be factored in to any claim for damages together with the psychological impact caused due to an inability to participate.
Ramsdens Solicitors will ensure that all aspects of your claim are investigated in a sympathetic and professional manner. We aim to maximise damages and will ensure that you are rehabilitated so that you return to the position you were in before injury, so far as possible.
There are various types of clinical negligence claims. Injuries which are most likely to occur in connection with medical malpractice following sporting injury are:
There are of course situations which arise where your treatment may have been negligent but you are not in any worse position as a result. In this instance, it would be difficult to pursue a claim. An example of where this can arise is as follows:
X is playing football and suffers a fall, he is seen by the medical team at his Club who say that he should go and be checked at hospital but as he is walking he will not have suffered any fracture. X attends at his local A&E and is given an x-ray, he has in fact suffered a fractured knee but this is not diagnosed. He is sent away and advised to continue as normal. Around a week later he is still in significant pain and returns to A&E where he is advised that he has suffered a fracture to his knee. He is informed however that the fracture does not require a cast and should heal itself. In this position, although the medic and staff at A&E were clearly negligent in not diagnosing the fracture, he is not in any different position to that he would have been in had the fracture been diagnosed as no treatment was provided.
Not all treatment will fall into these categories and all individual circumstances are considered when a claim is investigated.
It is also important to remember that it is not just athletes who can be affected by negligence following a sporting injury, spectators and non-athletic people involved in the sport (for example commentators, referees, etc.) can also be similarly affected.
The clinical negligence specialists at Ramsdens Solicitors pride themselves on providing the best possible service at what we know is a sensitive time. We can talk through your case, explaining each step clearly, and be with you every step of the way.