Views

  • Second Opinions – how to get them June 1, 2020 Posted in: News, 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
  • Hospital tells unsuspecting parents we may have caused brain damage to your baby during birth! May 7, 2020 Posted in: News, Views - Since 1 April 2017 all NHS Trusts have been required to report to NHS Resolution, the body which has responsibility for managing clinical negligence claims against Trusts, of any incidents of babies born at term (from 37 weeks) with a potentially severe brain injury diagnosed in the first 7 days of life following labour.  These… Continue Reading
  • Delay in diagnosis of Lung Cancer – Judge in High Court Trial found in Claimant’s favour April 2, 2020 Posted in: Case studies, News, Views - Whilst many clinical negligence claims are defended, very few go all the way to trial for a Judge to determine the outcome.   This is because a claim has to go through many stages before trial, all of which are aimed at narrowing the issues between the parties and encouraging settlement. In February, one of our… Continue Reading
  • Claims data from South Tees Hospitals NHS Foundation Trust February 4, 2020 Posted in: News, Views - Our latest FOI request reveals some interesting information: The Trust received 173 requests for medical records from solicitors in the year ending 5 April 2019. This is up 60% on the previous year. They received 83 formal letters of claim, up 36% on the previous year. I suspect that the increase is probably down to… Continue Reading
  • 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