Tag Archives: Dan Richardson

Not all claims are against GPs or Hospitals

When people think about “Medical Negligence” their minds typically jump to claims against the NHS or GP surgeries. While these types of claim are the most common they are not the only claims that we handle and we often bring claims against less obvious defendants. I’ve set out a few lesser known potential defendants below:

Care Homes/Nursing Homes – Other than hospitals and GPs practices claims against care homes or nursing homes are among the most common that we handle. When you or a loved one becomes a resident of a home like this the company and its staff have a duty to provide an adequate standard of care. If they fail to provide this standard of care, for example by failing to do enough to prevent the person from falling or developing pressure sores, a claim for negligence may arise.

The Ambulance Service – The ambulance service is often the first point of contact with the medical profession someone experiences after an accident or an emergency and the care they provide (or fail to provide) can have very serious consequences. Whilst the paramedics who were on the scene may have acted correctly, it can sometimes be the initial assessment by the ambulance dispatcher that was incorrect, resulting in a delay in attending which might have caused the injury to be worse or in some cases death.

Pharmacies – It is very important that the medication prescribed by doctors is provided correctly. A pharmacy providing incorrect medication, or an incorrect dose of the medication, can result in a claim for negligence if this failure causes you an injury.

Community Nursing – The care provided by community nurses in peoples own homes is another common source of medical negligence claims. Most typically these claims arise from a failure of the nurses to take action when wounds or pressure injuries develop.

Private Surgeons – People are often under the assumption that just because they paid privately for their treatment they are unable to bring a legal claim if this isn’t of an acceptable standard. This is completely incorrect and a private surgeon owes you the same duty to take reasonable care when treating you that an NHS doctor does.

While the above examples describe some of the more common claims we handle every medical negligence claim is different. If you believe that you may have been the victim of medical negligence, whoever provided this care, we can assist by providing free advice as to whether or not you might have a claim, don’t hesitate to call us on 01642 231110.

Dan Richardson – February 2018

Our 25th anniversary!

On 1 October 1992, Hilton Armstrong and Peter Foulkes set up Armstrong Foulkes, with their intention being to set up a firm of solicitors specialising in clinical negligence and personal injury.  At the time, there were no other firms in the area that specialised in clinical negligence and we were the first firm in Teesside to have a legal aid contract for clinical negligence and the only one to have such a contract for many years.

Peter retired on 1 October 2013 when Joanne Davies and Ashleigh Holt became partners and Armstrong Foulkes became Armstrong Foulkes LLP, a limited liability partnership.

Throughout the past 25 years, the firm has gone from strength to strength and is nationally recognised as being a leading clinical negligence firm.  We are described in Chambers and Partners, which ranks lawyers worldwide, as a “specialist boutique with a superb reputation for handling complex clinical negligence claims. Advises and represents clients on a wide range of matters, including child brain injury and surgical negligence cases, and also handles claims concerning delayed diagnoses.”  The top firms are ranked from Band 1 to 6 (with 1 being the highest ranking achievable) and we are pleased that we continue to hold a Band 1 ranking and have done for many years now.

The firm now comprises 5 fee earners – Hilton, Joanne and Ashleigh (the partners) and Kathryn and Dan (solicitors).  We also have 4 support staff – Liz (who has been with the firm since the outset), Caroline, Jan and Honor.

Hilton says specialising in clinical negligence suits his personality as it requires great attention to detail.  This is a trait of his that is recognised in Chambers and Partners as he is noted to be “technically very competent, very thorough and will go the extra distance to investigate a case to see if there is something in it.”  As well as ranking firms of solicitors, Chambers and Partners also ranks the top solicitors in the country and Hilton continues to hold a Band 1 ranking.  Ashleigh and Joanne are also recommended.

The partners have yet to decide how we are going to celebrate the 25 year milestone but we have been assured it will be something to look forward to!  In the meantime, in true Armstrong Foulkes style, we have celebrated with cake!

cake

If you would like to speak to one of our solicitors for advice about a potential clinical negligence claim, please telephone us on 01642 231110.

Kathryn Watson, October 2017

Surgery abandoned due to a lack of beds

Due to abdominal pain Mr M was scheduled to have his gall bladder removed at the James Cook University Hospital in early 2015. It was intended that this procedure would be “keyhole” surgery with the option to convert to open surgery should this become necessary. If the “keyhole” surgery was successful then Mr M would be treated as a day case and allowed home the same day, if an open procedure (traditional “non-keyhole” surgery) was required then he would need to be kept in hospital overnight and so would need an inpatient bed.

Mr M attended James Cook University hospital as arranged and was taken down for surgery shortly after. Before he was put under general anaesthetic there was some concern as there were no inpatient beds available, but Mr M was nevertheless put to sleep and his surgery was started. It quickly became apparent that Mr M would in fact require the open version of the surgery and so needed an inpatient bed. As no beds were available Mr M’s surgery had to be abandoned.

When Mr M came round after his surgery he was told what happened and sent home. Mr M suffered cuts and bruising where his surgery had been started and was in pain for almost 2 weeks, during which time he was unable to work.

A few weeks after the abandoned surgery Mr M returned to the James Cook University Hospital and his gall bladder was removed successfully by open surgery.

Although Mr M was always going to need the open version of the surgery we were able to argue that his initial surgery should not have been started when no inpatient beds were available. Although it was intended that the procedure would be tried as “keyhole” surgery the need to convert to open surgery was always a possibility. Due to the hospital’s failure to make sure a bed would be available if he needed it prior to the surgery Mr M received an unnecessary general anaesthetic and suffered two painful cuts.

After coming to see us we were quickly able to put the case to the hospital, who admitted they were at fault straight away. After a short negotiation Mr M agreed to settle the claim for £3,500, less than a year after we took the case on. Thanks to an early admission of liability (legal blame) by the hospital we were able to settle this claim quickly and ensured that Mr M received the compensation he was due as early as possible.

While not all cases will proceed as quickly as this Armstrong Foulkes’ years of specialist experience working exclusively in medical negligence ensures that we are always in a position to give you the best possible advice in relation to your claim.

Dan Richardson, October 2017

Dan Richardson in the Red Bull Soapbox Race 2017

For the second time in two years a team of my friends and I were lucky enough to take part in the Red Bull Soapbox race held at Alexandra Palace in London.

Out of the over 4,000 teams that applied 70 were chosen to take part in the day. On the race weekend we lined up next to some fantastic soapboxes, including a Harry Potter inspired motorcycle and sidecar, a giant Donald Trump in a bathtub and my personal favourite, a pair of raptors from Jurassic Park! The quality of design and construction of some of these soapboxes was outstanding.

Our soapbox was built from scratch and inspired by the Mad Max films. While we were all very happy with how the soapbox tuned out, in hindsight our heavy and thick costumes may have been a little warm for a hot summer day spent out in the sun!

Although we took part in the race back in 2015 we are sure that the track must have somehow gotten steeper, and the jumps bigger, in the last 2 years. Particularly daunting this year was a water jump, the first jump on the course and for many teams the only one they got to.

Despite the obstacles both my co-driver and I got to the end of the track in one piece, although unfortunately the same can’t be said for our soapbox, which chose to disintegrate spectacularly on the way down, I am sure adding to the thrill for the spectators!

Now it’s back to the drawing board for 2019’s idea……..

Dan Richardson, August 2017

[“All Dan’s colleagues here at Armstrong Foulkes were very proud, thrilled and a little scared as we watched video of him fly down the course, dodging obstacles in a disintegrating soapbox! However, like the trooper he is, despite being a little bruised and banged up he was straight back in the office and is already planning for next race! Well done Dan” – Editor]

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Red Bull Soapbox Race

Huge congratulations to our Trainee Solicitor, Dan Richardson, who along with his teammates “The Winterfellas” competed in the Red Bull Soapbox Race on 15th July at Alexandra Palace, London. Out of many applicants they were chosen alongside 64 others to try their luck at the infamous course, thought to be one of the fastest used by Red Bull in their Soapbox Races worldwide. Their “Game of Thrones” inspired soapbox was a labour of love, made from scratch by the team. The footage of their amazing run can be seen on the link below and unlike many of the competitors they managed to complete the course strewn with obstacles intended to cause a lesser team to crash! Although they did not make it to the podium this time, their hard work paid off and they came an impressive 13th out of 65 competitors! We’re all very proud of his achievement!

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Red Bull footage is at the bottom of the main page at http://www.redbullsoapboxrace.com/uk/en/

Footage from the head camera is on the team page at http://www.redbullsoapboxrace.com/uk/en/team/the-winterfellas-wagon/