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Month: April 2023

Categories
Housing Disrepair

Why Reporting Disrepair Matters Before Making a Housing Disrepair Claim

April 2023

James Pearce explains why failing to report disrepair can seriously affect a housing disrepair claim—and what tenants should do to protect their rights.

If you rent from a council or housing association, you have a legal right to live in a property that is safe, secure, and free from serious disrepair. By law, your landlord must maintain your home to a reasonable standard and carry out necessary repairs. However, problems often arise when tenants start a housing disrepair claim without first reporting the issues.

Your Legal Rights as a Council or Housing Association Tenant

As a social housing tenant, your landlord has clear legal duties to repair and maintain your property. These obligations usually cover issues such as damp and mould, leaks, faulty heating, unsafe electrics, and structural defects.

However, landlords can only fix problems they know about. If you have not reported the disrepair, your landlord may argue that they had no opportunity to carry out repairs. This can weaken or delay your claim.

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Why You Must Report Disrepair as Soon as Possible

If you are living with disrepair and have not yet notified your council or housing association, you should act immediately. Once you report the problems, your landlord is entitled to a reasonable period of time to investigate and arrange repairs.

In most cases, if your landlord ignores the issue or fails to complete repairs within around two to three months, you may then have grounds to seek legal advice and consider a housing disrepair claim.

How to Report Housing Disrepair Properly

1. Document the Disrepair

Take clear photographs or videos of all issues in your home. Make notes of when the problems started and how they have affected you. If you speak to your landlord or housing officer, record the date, time, and what was discussed.

2. Check Your Tenancy Agreement

Review your tenancy agreement to confirm how repairs should be reported. Some agreements set out specific procedures or contact methods. Following these instructions helps avoid disputes later.

3. Report the Disrepair in Writing

Report the problems to your landlord as soon as possible. While you can report issues verbally, written communication—such as emails, online forms, or letters—provides clear evidence. Describe the disrepair in detail and explain if it poses health or safety risks.

4. Follow Up if Repairs Are Delayed

If your landlord does not respond or fails to act, follow up in writing. Keep copies of all correspondence. If the situation continues, you may also contact your local council or environmental health team for support.

What Happens If You Do Not Report Disrepair?

Failing to report disrepair can delay repairs, worsen living conditions, and undermine a future compensation claim. Courts expect tenants to give landlords a fair opportunity to fix problems before legal action begins.

By reporting issues promptly and keeping records, you protect your health, your home, and your legal position.

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Get Help With a Housing Disrepair Claim

If your council or housing association has ignored your reports or failed to carry out repairs within a reasonable time, legal advice can help. A housing disrepair solicitor can assess your situation, gather evidence, and advise whether you can claim compensation or force repairs.

Our team has decades of combined experience handling housing disrepair claims. We understand how stressful living in poor conditions can be and will support you at every stage.

In many cases, NJS Law can handle housing disrepair claims on a No Win, No Fee basis.

Speak to Us Today

If you are living in disrepair and your landlord is not taking action, contact NJS Law by phone or email to discuss your situation and next steps.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

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For fast, friendly affordable legal advice. Contact a member of our team today.

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FAQ

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Categories
Dental Negligence

Failed Root Canal Treatment and Dental Negligence

April 2023

Root canal treatment is a common dental procedure used to save a severely decayed or infected tooth and avoid extraction. In most cases, it is safe and effective. However, when a dentist fails to carry out the procedure to an acceptable standard, root canal treatment can fail due to dental negligence.

In this article, we explain the most common causes of failed root canal treatment and when a dentist may be considered negligent.

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Common Causes of Root Canal Treatment Failure

Root canal negligence can occur for several reasons. Most commonly, failure arises from errors made during or after the procedure.

Incomplete Removal of Infected Tissue

During root canal treatment, the dentist must remove all infected or damaged tissue from the pulp chamber and root canals. If infected material is left behind, bacteria can continue to spread. As a result, the tooth may become reinfected, causing ongoing pain and inflammation.

Improper Filling of the Root Canals

Once the canals are cleaned, they must be sealed correctly to prevent bacteria from re-entering. However, if the dentist fills the canals poorly or leaves gaps, bacteria can return. Consequently, this may lead to further infection and treatment failure.

Poorly Fitted Crown

After root canal treatment, dentists usually place a crown over the tooth to protect it. If the crown does not fit properly, gaps can form between the crown and the tooth. Over time, these gaps allow bacteria to enter, increasing the risk of infection and pain.

Symptoms of a Failed Root Canal

When root canal treatment fails due to negligence, patients may experience:

  • Persistent or worsening pain
  • Swelling or infection around the tooth or gums
  • Sensitivity when biting or chewing
  • The need for further treatment or tooth extraction

In severe cases, the tooth may need to be removed entirely, resulting in additional discomfort and unexpected dental costs.

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When Is a Dentist Liable for Root Canal Negligence?

A dentist may be held legally responsible if they fail to meet the expected standard of care. Dentists have a duty to act with reasonable care and skill. If they fall below this standard and cause harm, they may be liable for dental negligence.

To succeed in a dental negligence claim, you must show that:

  • The dentist owed you a duty of care
  • They breached that duty
  • Their actions caused you harm
  • You suffered pain, financial loss, or other damage as a result

Compensation may cover corrective dental treatment, medical expenses, lost income, and pain and suffering.

How Dental Negligence Can Affect You

In addition to physical pain, failed root canal treatment can cause emotional distress and anxiety. Furthermore, the financial impact can be significant, especially if you need private dental treatment to correct the damage.

If your dentist’s negligent acts or omissions have caused you harm, you may be entitled to compensation to help you move forward.

How NJS Law Can Help With Your Dental Negligence Claim

NJS Law has a dedicated team with decades of combined experience in handling dental negligence claims. We provide high-quality legal representation exclusively for patients who have received negligent dental treatment.

Because every case is different, we offer tailored advice based on your individual circumstances. Our Dental Negligence Specialists are sympathetic, understanding, and committed to supporting you throughout the claims process.

In many cases, NJS Law can act on your behalf on a No Win No Fee basis.

CONTACT US

Get in touch using the form below or via the following methods:

0800 6525 656
medical@njslaw.co.uk

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FAQ

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Categories
Cosmetic Negligence

What Can Go Wrong With Liposuction And Tummy Tuck Procedures?

April 2023

According to the latest annual audit by the British Association of Aesthetic Plastic Surgeons (BAAPS), more than 31,000 cosmetic procedures were carried out in the UK in 2022. These figures included 3,413 tummy tucks (abdominoplasty) and 3,002 liposuction procedures.

Demand for cosmetic surgery continues to rise sharply. In 2022 alone, abdominoplasty procedures increased by 129% compared to 2021, while liposuction procedures rose by 135%.

If you are considering liposuction or a tummy tuck in the coming months, it is vital that you are fully informed. You should understand the risks involved, know how to choose a qualified and experienced cosmetic surgeon, and ensure that high-quality aftercare is available.

In this article, we explain what can go wrong with liposuction and tummy tuck procedures, the key questions you should ask your surgeon, and when you may be entitled to bring a cosmetic surgery negligence claim.

What Can Go Wrong With Liposuction and Tummy Tuck Procedures?

It is normal to experience some side effects following liposuction or a tummy tuck. These may include:

  • Bruising
  • Swelling
  • Discomfort
  • Inflammation
  • Minor scarring

These are expected side effects, not complications.

However, complications caused by medical negligence are vey different and may entitle you to bring a claim.

Signs of Possible Cosmetic Surgery Negligence

You may have grounds for a cosmetic surgery negligence claim if you experience:

  • Constant or worsening pain
  • Fluid build-up around the wound (seroma)
  • Nerve damage
  • A belly button positioned too high or too low

Normal side effects should gradually improve during recovery. If your symptoms worsen or persist beyond the expected recovery period (usually 3-6 weeks), this may indicate negligent treatment.

What Questions Should I Ask a Liposuction or Tummy Tuck Surgeon?

Although liposuction and tummy tucks are common procedures, they are still major surgical operations. You should never feel rushed into making a decision.

We recommend arranging a face-to-face consultations with at least three cosmetic surgeons before proceeding. This allows you to compare experience, approach, and aftercare standards.

1. Will I Meet the Surgeon at My Initial Consultation?

You should always meet the surgeon who will perform your operation. Speaking to them directly allows you to:

  • Ask about their experience
  • Understand how the procedure will be carried out
  • Assess whether you feel comfortable and confident in their care

2. What Are Your Qualifications and Professional Memberships?

Do not assume a surgeon is properly qualified. Always check that they:

  • Are listed on the General Medical Council (GMC) register as a specialist in plastic surgery
  • are a Fellow of the Royal College of Surgeons (FRCS Plast)
  • Belong to professional bodies such as:
    – British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS)
    – British Association of Aesthetic Plastic Surgeons (BAAPS)

You should also confirm that the anaesthetist involved in your care is GMC-registered.

3. Is Liposuction or a Tummy Tuck Suitable for Me?

Your surgeon should confirm whether the procedure is safe and appropriate based on:

  • Your medical history
  • Your current health
  • Your expectations

They should review your medical records and carry out appropriate checks before recommending surgery.

4. What Are the Risks and How Will Complications Be Managed?

A reputable cosmetic surgeon should be open about:

  • What can go wrong during or after surgery
  • How complications are prevented
  • How problems would be treated if they occur

You should also ask:

  • Who pays for corrective treatment or further surgery?
  • Is insurance in place for serious complications?

5. What Will My Recovery and Aftercare involve?

Make sure you understand:

  • How your pain will be managed
  • Whether physiotherapy is required
  • When you can return home
  • What activities you must avoid and for how long

High-quality aftercare is just as important as the surgery itself.

Can I Bring a Liposuction or Tummy Tuck Negligence Claim?

To bring a cosmetic surgery negligence claim, all three of the following must apply:

1. Were You Owed a Duty of Care?

All healthcare professionals owe patients a legal duty of care. This includes surgeons, nurses, and any medical professional responsible for your treatment.

2. Was That Duty of Care Breached?

You must show that the care provided fell below the standard expected of a reasonably competent cosmetic surgeon.

3. Did The Breach Cause You Harm?

It must be proven that the negligence directly caused your injury or worsened your outcome.

Time Limits for cosmetic Surgery Negligence Claims

Under the Limitation Act 1980, you usually have three years from:

  • The date of the injury, or
  • The date you became aware the injury was caused by negligence

In some cases, the Court may allow claims outside this time limit, so it is important to seek legal advice as soon as possible.

How NJS law Can Help With cosmetic Surgery Negligence Claims

At NJS Law, we have decades of combined experience representing clients in liposuction and tummy tuck negligence claims. We are compassionate, thorough, and committed to achieving the best possible outcome for you.

To assess your claim, we may need:

  • Your GP and hospital medical records
  • Details of how your symptoms affect your daily life
  • Information about medical expenses or future treatment costs
  • Details of any complaints already raised
  • Information about the surgeon or clinic involved
  • How you paid for your treatment
  • Details of any cosmetic procedures in the last 10 years

Speak to a Cosmetic Surgery Negligence Solicitor Today

If you believe you have suffered harm following liposuction or a tummy tuck, our team is here to help.

Call NJS Law on 01625 667166 to discuss your cosmetic surgery negligence claim in confidence.

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

Contact Us

FAQ

For any questions we may be able to answer, discover our FAQ section.

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