Views

  • Patients owed a duty of care by non-medical Emergency Department staff December 3, 2019 Posted in: News, Views - The Supreme Court in Darnley v Croydon Health Services NHS Trust has unanimously decided that patients attending an Emergency Department are owed a duty of care not just by medical staff but also administrative staff such as receptionists. Briefly, in May 2010, Mr Darnley was assaulted and struck on the head.  He complained of a… Continue Reading
  • NHS Resolution latest annual report (2018/19) October 1, 2019 Posted in: News, Views - This is the document that gives detailed audited and accurate information about the cost of claims against the NHS.  It is interesting reading and is usually at odds with what is reported in the media.  We are all led to believe that the NHS is on its knees as a result of people suing it. … Continue Reading
  • Small change in the discount rate still favours the Claimant September 2, 2019 Posted in: News, Views - The discount rate is a percentage that is applied in claims where an injured person receives compensation now but this is to cover losses that they are expected to incur the future.  There is accelerated receipt of the money and the court therefore assumes that the injured person will invest their compensation and earn interest… Continue Reading
  • The First 100 Years Project – a History of Women in Law August 1, 2019 Posted in: News, Views - I recently had the pleasure of hearing about this project in a talk to a packed conference from an inspiring lady Dana Denis-Smith, creator of the project. She explained that the hope is this endeavour will record in both writing and a video library the experiences of women in the legal profession since they were… Continue Reading
  • Government now picking up the tab for GP errors July 9, 2019 Posted in: News, Views - Historically, GPs and any staff in general practice, including nurses, needed to arrange their own personal indemnity cover with a medical defence organisation in order to indemnify them in claims against them for medical negligence.  This would be in a similar way to you or I arranging insurance cover against loss or damage caused by… Continue Reading
  • Success Rates when you sue the NHS June 3, 2019 Posted in: News, Views - The latest NHS Annual Report provides some interesting facts that don’t always make it into the mainstream media.  For example: The number of claims made in 2018 was just over 10,000, down from 12,000 in 2013. Only 54% of claims made result in the payment of compensation. 40% of successful claims are worth under £25,000.… Continue Reading
  • LIMITED TIME TO CLAIM- DON’T DELAY IN SEEKING ADVICE April 1, 2019 Posted in: Views - A lot of people are aware, mainly from television and radio advertisements, that you have 3 years to bring a personal injury/clinical negligence claim.  This is what is known as the limitation period.  If you do not start court proceedings within 3 years of the allegedly negligent treatment, or within 3 years of when you… Continue Reading
  • Favourable changes in claims for surrogacy January 11, 2019 Posted in: News, Views - As a firm we have previously acted for clients who have lost the ability to conceive and carry a child naturally as a result of medical negligence.  Until very recently our hands have been tied as to what our clients could claim for.  We have been able to recover as compensation the costs of IVF… Continue Reading
  • Second Opinions – how to get them October 4, 2018 Posted in: Views - A lot of what Doctors and lawyers tell you is their opinion and not necessarily factual.  As professionals we need to exercise our judgment based on our experience.  Often what we say is not what you want to hear, but it is our job to tell it as we see it. So, for example your… Continue Reading
  • General Data Protection Regulations (GDPR) June 1, 2018 Posted in: News, Views - To run a case Lawyers collect and process a lot of information on clients including some personal data e.g. date of birth, email address, national insurance number, passport or driving licence number etc.  We also share this data with others e.g. experts we instruct, the Barrister on the case, the Defendants solicitors etc.  We have… Continue Reading