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Clinical Negligence Claims Blog

How do you know if your stitches have ripped after birth?

Sahida Patel
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Welcoming a new life into the world is a beautiful experience, but it can come with physical changes and recovery. For some women, stitches may be necessary after childbirth to address birth injuries. In this article, we'll explore the world of...

Understanding Vaginal Bruising After Birth: Causes and Effective Treatments

Leanne Devine
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Introduction  Welcoming a new life into the world is a joyous occasion, but for many women, the postnatal period can bring unexpected challenges. One such concern that some women may experience is vaginal bruising after birth. In this article, we will...

Do birth injuries affect the relationship between mother and baby?

Leanne Devine
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Introduction  Experiencing a birth injury can have profound effects on both the physical and psychological well-being of a mother. In this article, we look at how birth injuries impact the mother-baby relationship, the consequences on bonding times,...

Understanding A Bruised Cervix

Leanne Devine
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Introduction  A bruised cervix, though not often discussed openly, is a critical aspect of women's reproductive health that deserves attention and understanding. This article aims to shed light on the intricacies of a bruised cervix, exploring its...

Understanding Shoulder Dystocia: Causes, Prevention, and Impact on Babies

Parbeen Alamgir
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Introduction Shoulder dystocia is a medical complication that occurs during childbirth when a baby's head passes through the birth canal, but the shoulders get stuck behind the mother's pelvic bone. This condition poses potential risks for both...

Understanding Maternal Injuries During Childbirth

Parbeen Alamgir
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Introduction  Childbirth is a miraculous experience, marking the beginning of a new chapter in a mother's life. While the focus is often on the joy and excitement surrounding the arrival of a new-born, it is important to acknowledge the potential...

Investigating how often birth injuries to mothers are missed by health professionals

Parbeen Alamgir
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Introduction  Childbirth is the mark the of a new life. However, the joy of welcoming a newborn can sometimes be shadowed by injuries to the mother that could have been avoided. What is less well-known is the frequency at which these injuries go...

Understanding Strep B in Pregnancy: How Common Is It and How Do You Get It?

Parbeen Alamgir
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Introduction  Every expectant parent wants nothing more than a healthy and happy journey to childbirth. However, certain factors, such as the prevalence of Group B Streptococcus (Strep B) infection , can raise concerns. Understanding this bacterial...

Understanding the signs and symptoms of Strep B

Leanne Devine
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Introduction  Pregnancy is a time of anticipation and joy, but it can also bring concerns and health-related issues. One such concern is Group B Streptococcus, often referred to as Strep B. This bacterial infection, while usually harmless in adults,...

The consequences of untreated jaundice in babies: what happens if jaundice goes untreated?

Trevor Ward
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Jaundice is a common condition in newborn babies, affecting nearly 60% of infants in their first week of life . While many cases of jaundice are mild and resolve on their own, it is crucial to understand what happens if jaundice goes untreated. In this...

Finding the support for you and your family after suffering a birth injury

Trevor Ward
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Welcoming a new life into the world should be a time of joy and celebration. However, for some families, the birthing process can take an unexpected and difficult turn, resulting in injuries to newborns or mothers. Coping with the aftermath of a birth injury...

How to pursue a GP negligence claim

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General Practitioners (GPs) play a vital role when it comes to assessing and monitoring our health. As such, GPs also have a range of responsibilities with regards to correctly identifying, treating or referring any conditions they are presented with. ...

Can birth trauma cause epilepsy?

Trevor Ward
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Epilepsy is a chronic brain disease which is noncommunicable and is thought to affect over 50 million people around the world. According to Epilepsy Research Institute UK around 65% of people who are affected by the disease do not know the cause –...

Can birth trauma cause autism?

Trevor Ward
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Autism is a complex neurodevelopmental disorder that affects individuals worldwide . While the exact causes of autism remain unknown, researchers have been focusing on perinatal and neonatal factors as potential risk factors for the development of autism....

NHS GP Appointment Statistics 2023 Show Shocking Reality

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Researchers at Minton Morrill have scrutinised the NHS GP appointments statistics in 2023 so far to see how the picture looks for NHS staff and patient care alike, in time for National Self Care Week in November. The latest NHS GP Appointment statistics in...

Treatment for Cerebral Palsy

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For people living with cerebral palsy, the right treatment and support can make a huge difference to their wellbeing and quality of life. Understanding what options are available can help to ensure you know what treatment you or your child may benefit from. ...

Types of Cerebral Palsy Explained

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Cerebral palsy is the name for a group of conditions caused by brain damage while a baby or young child’s brain is still developing. These conditions affect movement, balance, and posture, and can have a very significant impact on a person’s...

Baby boy starved of oxygen during breech birth

Guy Pomphrey
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A tragic stillbirth at Frimley Park Hospital was recently reported in the News. Midwives failed to realise that baby Theo was in the breech position until his mother was already in advanced labour at the Hospital. In the weeks and days leading up to his...

Update: Investigation into Shropshire Baby Deaths - New Training for Maternity Staff

Guy Pomphrey
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On 11 December 2020 we wrote about the publication of an interim report concerning the independent review into maternity services at the Shrewsbury and Telford Hospital NHS Trust . Patient Safety Minister, Nadine Dorries, has now announced a new...

Great Ormond Street Hospital errors led to a 5 year old boy's death

Guy Pomphrey
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Great Ormond Street Hospital (“GOSH”) have admitted mistakes causing the death of a 5 year old.  The boy had a liver transplant in 2012 shortly after his birth because of cancer. He was under the care of GOSH (as an outpatient) and the...

Royal Free Hospital issued with warning following mother's death

Guy Pomphrey
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The Care Quality Commission (“CQC”) has issued a ‘warning notice’ the Royal Free Hospital in London because their inspectors identified serious safety failings with the NHS Trust’s maternity unit. An unannounced CQC inspection...

Breaking News Update: Investigation Into Shropshire Baby Deaths And Injuries - Interim Report Published

Guy Pomphrey
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The first report of the independent review into maternity services at the Shrewsbury and Telford Hospital NHS Trust was published on 10 December 2020.  The report has rightly called for change across NHS Hospitals to prevent avoidable deaths and...

Maternity concerns following tragic stillbirth of baby boy

Guy Pomphrey
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The death of a baby boy at the Royal Lancaster Hospital, part of the University Hospitals of Morecambe Bay Foundation Trust, has triggered new concerns into maternity care at the Trust. The NHS Trust faced an independent investigation into its maternity and...

Family of cancer patient awarded over £100,000 in compensation

Guy Pomphrey
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BBC news recently reported on a six-figure medical negligence settlement following substandard maxillofacial surgery at Leicester Royal Infirmary . Similar operations at the Hospital were suspended for 2 years (between 2016 and 2018) after safety concerns...

Maternity unit at Basildon University Hospital rated inadequate by CQC

Guy Pomphrey
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The Care Quality Commission (‘CQC’) performed an unannounced inspection of maternity services at Basildon University Hospital in June 2020 after safety concerns were raised by a whistle-blower.  CQC Inspectors found a cluster of six...

£37 million birth injury compensation claim

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Why pursue a Birth Injury Compensation Claim? If your child has been seriously injured during their birth they may have a lifetime of expensive care and support needs ahead of them. Our leading team of clinical negligence lawyers regularly secure multi...

Update: Investigation into Shropshire baby deaths and injuries - investigation now totalling 1,862

Guy Pomphrey
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Since I first wrote about Donna Ockenden’s review into maternity care at Shrewsbury and Telford Hospitals NHS Trust on 24 July 2020 the total number of cases under investigation is now up to 1862. The independent review into maternity care at the...

Review finds worries dismissed as "women's problems"

Guy Pomphrey
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Have your concerns about medical treatment been dismissed by your doctor? In 2018 the then Health Secretary, Jeremy Hunt, announced a Safety Review into how the NHS responds to concerns from patients about harmful side effects from medicines and medical...

What are the risks and benefits to giving birth naturally?

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As an expectant mother, it is easy to feel overwhelmed by the avalanche of information you will receive about ‘the best’ way to give birth. From websites, to books, to the advice of your friends and family, everyone will have their own opinion...

Police investigation launched into Shropshire baby deaths and injuries

Guy Pomphrey
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West Mercia Police have launched an investigation into whether there is evidence to support a criminal case against Shrewsbury and Telford NHS Trust following allegations of poor maternity care. The Trust is already subject to an independent inquiry, led by...

What are the early signs and symptoms of Cerebral Palsy in a baby?

Guy Pomphrey
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Cerebral Palsy can be difficult to spot, particularly in a very young or new-born baby. In many cases, the condition is not diagnosed until the child is a few years old because symptoms only start to appear as the child develops or misses developmental...

Recommendations made by Paterson inquiry

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An inquiry into the actions of private plastic surgeon Ian Peterson has made a number of recommendations to alleviate the gaps in patients seeking redress from private healthcare providers. Ian Paterson was convicted in 2017 of 17 counts of wounding with...

Consultant Orthopaedic Surgeon, Mr M Walsh, suspended over concerns regarding patient treatment

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There has been recent media coverage, including on the BBC news, regarding Consultant Trauma and Orthopaedic surgeon, Mr Michael Walsh, who was suspended from practising at Spire Healthcare (Leeds) in 2018 over concerns about the standard and appropriateness...

Negligence claim costs increasing - again

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Following a Freedom of Information Act request made by the BBC, it has recently been confirmed that the current bill for outstanding clinical negligence claims is going to be in the region of £4.3 billion. This figure includes “all current...

Thousands of women put at risk by cervical cancer screening errors

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More than 40,000 women in England may have missed vital information about cervical cancer screenings after important letters were not sent out due to a series of errors. The letters should have been sent out to women inviting them to a cervical cancer...

Shropshire NHS baby deaths - 215 cases now under review

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The maternity care provided to more than 200 families is being investigated as part of a widening review into a series of infant deaths and birth injuries at a Shropshire NHS Trust. 215 families have questioned the maternity care they received from...

Cancer Waiting Times at 'Worst level ever'

Guy Pomphrey
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BBC Health reports that NHS cancer treatment times are at their worst ever level .  Cancer Referral Report NHS patients should be seen by cancer doctors no more than 62 days after their GP first refers them but the report says this two month waiting...

Gosport Hospital Investigation Panel Identifies Catalogue of Failings

Guy Pomphrey
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An independent panel found more than 450 deaths occurred after patient’s were given powerful painkillers at Gosport War Memorial Hospital. Why was the panel established? The panel investigating the hospital looked at deaths from 1987 to 2001. It was...

NHS Fails to send breast screening invitations to 450,000 women

Guy Pomphrey
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BBC News have today reported that the Health Secretary Mr Jeremy Hunt has told the Commons that since 2009, the NHS has failed to send breast screening invitations to 450,000 aged 68-71 . Up to 270 women in England may have died because they did not...

NHS 111 - is this service working?

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NHS 111 has faced a lot of criticism since it replaced NHS Direct, a nurse led advice service, in 2013. There is concern that medically qualified call handlers have been replaced by call handlers who receive only basic medical training and are expected to be...

NHS Managerial Recruitment

Guy Pomphrey
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On 19 April 2018 the BBC reported that the NHS is recruiting managers faster than doctors and nurses .  There was a 16% increase in managers compared to only an 8% increase in doctors.  More people are using the NHS than ever before and the...

NHS Baby Care in Distress, again

Guy Pomphrey
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The Royal College of Obstetricians and Gynaecologists, an organisation we should all take note of, recently reported the shocking statistic that three quarters of babies who die or are brain damaged during birth could have been saved.  A link to read...

Childbirth - The Right to Choose

Guy Pomphrey
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Childbirth - The Right to Choose. In January 2017 a Coroner in Tunbridge Wells heavily criticised a local Hospital for pressurising Mrs Frances Cappuccini to try for a natural delivery rather than a planned elective caesarean section. This decision...

Compensation for knowledge of delayed diagnosis

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A recent decision of the High Court highlights the different ways in which a delay in diagnosis can affect a cancer patient. Mr M had a biopsy taken from a wound on the sole of his foot in November 2011.  A histopathologist (a doctor specialising in...

Independence of Experts

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A recent Court of Appeal decision (February 2017) emphasised the importance of expert witnesses in medical negligence cases being truly independent. In the case of EXP v Barker [2017] EWCA Civ63 , the court heard an appeal by a consultant neuroradiologist...

A Patient's Right to Choose Their Treatment - The Latest Legal Principles

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Guy Pomphrey recently blogged about a Women’s Right to Choose in childbirth . This blog looks at the legal principles behind this choice.   In the recent case of Webster v Burton Hospitals NHS Foundation Trust , February 2017, the Court of...

Fixed Recoverable Legal Costs in Medical Negligence

Guy Pomphrey
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Over the past few years a hot debate has been raging between the Government, the Department of Health and Medical Negligence Lawyers about the cost of pursuing medical negligence claims.  The Department of Health, effectively the NHS, says that the...

No Fault Compensation for Birth Injury Claims Proposed

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In February 2016 a committee chaired by Baroness Cumberlege published a report entitled “Better Births”. The report suggests ways to improve outcomes in maternity services in England. An Annexe appearing at the very end of this report includes...

NHS Never Events a disgrace says Patients Association

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In the past four years more than 1000 NHS patients in England have suffered medical mistakes so serious they should never happen, according to the Patients Association. “Never-events” include different surgical procedures from those which were...

Stillbirth Scandal

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Most stillbirths could be avoided if all hospitals followed the lead of top hospitals. Mothers planning to give birth in London’s top teaching hospitals are usually the lucky ones.  For example, the routine use of special scans to check that...

A Patients Right to Know

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Until 2015 there was no legal duty for the medical profession to tell patients or their next of kin about errors or incidents that may have caused harm.  Before then patients were not routinely told when something had gone wrong and many mishaps went...

Bungled prescriptions: why you should check what you are taking

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Examples of why everyone should check the medication they are prescribed. I have a 3 year old client who had a medical condition that requires regular medication.  She developed sore eyes, swollen hands and feet, a fever and a relentless thirst. ...

Medical Negligence Why Pursue a Claim?

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We are told that a  “compensation culture”  exists in this country yet less than 1% of patients suffering medical accidents pursue a claim for compensation.  Out of nearly 1 million medical accidents in NHS hospitals only 1 in 400...

New Cancer Research Published

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Scientists have published research which could mean new ways of fighting cancer are developed over the next few years to help treat patients, even those whose cancer has spread to different areas of the body. Immunotherapy  One of the challenges in...

One in ten hospitals fail basic safety standards

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“The NHS needs to take safety more seriously.  It is frustrating that in 2016 we do not have a clearer idea of how many die or are harmed in hospital”. So said Sir Ian Kennedy, the Government Health Watchdog.  He is concerned that the...

Landmark NHS Gross Negligence Manslaughter Case comes before the Courts

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On 13 January Dr Errol Cornish, an anaesthetist, went on trial in London accused of gross negligence manslaughter stemming from the death of Mrs Frances Cappuccini in October 2012.  Another doctor reportedly implicated, Nadeem Azeez, also an...

Cervical Cancer

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During my career as a clinical negligence solicitor I have been lucky enough to work with some extraordinary former patients and to successfully pursue claims for them stemming from a delay in the diagnosis of cancer.  I am proud to have developed a...

Maternal Mortality Falls

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Earlier this month, the BBC covered a United Nations report that worldwide maternal mortality fell by almost 50% in the past 25 years.  Despite the World Health Organisation describing this as “huge progress” the results do sadly report that...

Time limit for Commencing Court Proceedings

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A recent decision by a High Court Judge in the case of  Rayner v Wolferstans & Medway Hospitals NHS Trust  reminds us of two important points concerning the law on limitation – the period within which court proceedings must be commenced...

THE NEGLECTED TRAGEDY

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One in 200 babies is born dead and the UK ranks second last in 35 rich countries in preventing such deaths.  The failure to track babies’ growth in the womb causes hundreds of lost lives each year.  Mistakes in monitoring babies’ heart...

Shoulder Dystocia

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Continuing with my review of different types of birth injuries, this blog looks at shoulder dystocia. What is Shoulder Dystocia? Shoulder dystocia occurs when a baby’s shoulders become stuck on their mother’s pubic bone during labour, after...

Family receive pay out following clinical negligence case

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The family of a father-of-five – who died following spinal surgery – has received a significant compensation package. Dean Bircham had died a week after medics at the Rivers Hospital, Hertfordshire had damaged a vein, leading to significant...

Patient groups raise concerns about recent report

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Patients’ lives are being put at risk because of significant differences in the quality of NHS services around the country. An official report, jointly prepared by NHS England and Public Health England, assessed the performance levels of more than 200...

NHS not learning from errors?

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Today and every day, patients admitted to hospitals suffer through botched surgery, medication errors and falls.  This is medical negligence. I read a client’s hospital notes last week and I quote from a letter written by the hospital consultant...

A Guide To Coroners Inquests

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An inquest is a legal procedure presided over by a coroner. It takes the form of a fact-finding investigation with the purpose of determining the circumstances in which someone has come to their death. Inquests are not the appropriate forum for apportioning...

Duty of care in Accident and Emergency

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What duties are owed to patients by reception staff in Accident and Emergency Departments? This question was recently considered by the court in the case of  Darnley v Croydon Health Services NHS Trust . Mr D had been attacked and struck on the...

Using the Human Rights Act to Challenge Legislation

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The recent decision of the Supreme Court in the case of  Coventry v Lawrence  has received a lot of attention from lawyers because of its significance for the recoverability of legal costs from unsuccessful defendants to litigation.  Perhaps...

Strokes in working-aged adults on the increase

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A recent BBC news article has reported that strokes in working age adults are on the increase ( http://www.bbc.co.uk/news/health-32690040 ).  Information from a Stroke Association study found that there has been a 32% increase in hospital admissions for...

Why is my daughter Brain Damaged?

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Mrs A came to see me after she was told by an occupational therapist that her 7 month old daughter had cerebral palsy. No doctors had told her what was wrong with her daughter despite Mrs A  raising concerns with her GP and many visits to accident and...

Delays in ambulance attendance

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On 15 June this year a 21 year old pregnant woman named Malorie Bantala was attacked by two men in the street near her home in Peckham.  News reports of the incident have detailed how a neighbour dialled 999 at 8.16pm seeking emergency assistance...

Time Limits on Claiming Compensation for Clinical Negligence

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As a general rule, in clinical negligence claims, a claimant has 3 years to start a civil claim for compensation arising from negligent medical treatment.  This blog explains the detail behind this rule and touches upon the very difficult position of...

Overcrowding in A&E leading to catastrophic consequences

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Accident and Emergency departments across the country now routinely have to turn patients away at the door due to overcrowding, often with tragic consequences. The Royal College of Emergency Medicine (RCEM) reported in January that up to 500 patients may...

Misdiagnosis of Cancer?

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Sadly, we see a number of cases in which opportunities to diagnose a cancer have been missed with the result that the diagnosis is not made or is delayed, often with serious consequences for the patient. What about the situation in which a diagnosis of...

Man charged with attempted murder over machete attack in Leeds

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A 24-year-old man recently appeared at Leeds Magistrates’ Court after seriously injuring another man during a machete attack in Leeds. Nathan Seaward was charged with attempted murder, possession of an offensive weapon and false imprisonment of a...

Recent news on unsafe prescriptions for treatment of Asthma

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It was widely reported within the past few days that there has been some major errors in the treatment of asthmatic conditions throughout the uk: http://www.bbc.co.uk/news/health-33132613 ...

CQC report highlights failures in mental health crisis care

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With improving mental health care high on the government’s agenda, new research recently published by the Care Quality Commission (CQC) puts mental health under public scrutiny again. The concerning review, which focuses on the experience of patients...

Wrongful Birth Claims New Blood Test for Downs syndrome screening

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The BBC recently reported a new blood test to screen for Down’s syndrome. The new test, which looks at fragments of foetal DNA in the mother’s blood, could be used to replace controversial amniocentesis testing, which is currently used by...

Does Britain need a seven day National Health Service?

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After an unpredictable election, the British people woke on 8 May 2015 to the news that the Conservative party were set to secure a majority government. One month on and with David Cameron firmly back inside no.10, how might the Tory win impact upon the...

Cerebral Palsy Claim in the news in the North

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BBC News reported yesterday that a young boy has received a £10 million compensation package as a result of medical errors at the Harrogate Hospital in 2008 resulting in dyskinetic cerebral palsy. (...

NHS Trust charged with Corporate Manslaughter

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The Crown Prosecution Service announced in April 2015 that for the first time they are charging an NHS Trust for corporate manslaughter, a criminal offence, following the  tragic death of a young mother at the Pembury Hospital in October 2012 . ...

Watchdog criticises the number of incidents wrongly dismissed by police

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Fresh doubts have been raised about the reliability of crime figures, after it emerged offences including rape and robbery were wrongly written off as “no crimes” by West Yorkshire Police. Her Majesty’s Inspectorate of Constabulary (HMIC)...

Giving a voice to elderly claimants

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The concerns of the elderly are increasingly underestimated and undervalued.  Sadly this applies in personal injury and clinical negligence claims as in other areas of life.  The main areas of concern are: (1)    Damages for pain...

Rise in number of clinical negligence claims

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Lester Morrill has warned of the dangers of the increasing number of inexperienced solicitors pursuing criminal negligence claims. More and more firms, who have previously dealt with straightforward personal injury cases, are moving into the specialist...