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Month: June 2023

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Cosmetic Negligence

Collecting Relevant Evidence Is The Foundation Of A Strong Cosmetic Negligence Claim

June 2023

Cosmetic surgical procedures, both invasive and non-invasive, are popular among people of all ages. They can boost confidence and improve overall well-being.

However, even in expert hands, cosmetic procedures can go wrong. Unfortunately, there are practitioners in the market who may lack the proper qualifications or experience. It’s essential to verify a practitioner’s credentials, insurance, and professional background before undergoing any procedure.

If a cosmetic procedure has gone wrong, gathering  strong evidence is key to building a successful cosmetic negligence claim. Here’s how to collect the evidence you need.

Step 1 - Document Everything

From the moment you suspect something has gone wrong with your cosmetic procedure, start recording every detail.

  • Keep a written record of all communication with the practitioner, including emails, text messages, and phone calls.
  • Note the dates, times, and details of conversations.

These records can serve as crucial evidence to support your claim.

Step 2 - Preserve Medical Records

Medical records are vital in any cosmetic negligence case.

  • They document the treatment you received, any complications, and whether standard procedures were followed.
  • Request copies of all medical reports, test results, and treatment plans from your clinic or hospital.

Step 3 - Take Photographs

Photographs are powerful evidence in cosmetic negligence claims.

  • Take clear, detailed photos of your appearance before the procedure
  • Take follow-up photos showing any complications, injuries, or unsatisfactory outcomes.
  • Include timestamps whenever possible to create a timeline of your recovery or complications.

Step 4 - Keep Financial Records

Tracking expenses helps demonstrate the impact of the negligence.

  • Keep receipts for medical bills, corrective procedures, prescription medications, and any related costs.
  • Document lost earnings or other financial losses resulting from your injuries.

These records help quantify the harm caused and strengthen your compensation claim.

Why Collecting Evidence Matters

Collecting detailed evidence forms the backbone of any strong cosmetic negligence claim.

It:

  • Shows the extent of harm caused
  • Links the practitioner’s negligence to your injuries
  • Supports a persuasive case for compensation

By following these steps and seeking professional advice, you increase your chances of obtaining justice and financial compensation.

How NJS Law Can Help

If a mistake was made during your cosmetic surgery treatment, our team can help.

  • We have decades of combined experience handling Cosmetic Negligence Claims.
  • Our specialists are sympathetic, understanding, and committed to achieving the best possible outcome for you.
  • We typically work on a No Win No Fee basis and will explain what this means when you speak to us.

Contact Us for a Free Consultation

Call us today on 01625 667263 or email to arrange a free, no obligation consultation with our experienced cosmetic negligence team.

We are here to guide you through every step of your claim and help you secure the justice and compensation you deserve.

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Categories
Birth Injury

The NHS Spends Double The Amount On Maternity Pay-Outs Compared To The Actual Cost Of Providing Care

June 2023

New analysis shows that compensation paid to families harmed by NHS maternity services now costs more than double what the NHS spends on maternity care each year. The figures highlight the growing financial and human cost of clinical negligence in maternity services across England.

According to the latest annual report from NHS Resolution – the body responsible for handling litigation on behalf of the Department of Health and Social Care – the total cost of clinical negligence-related harm in 2021-22 reached £13.6 billion.

Maternity Claims Account for the Majority of NHS Negligence Costs

Of this total:

  • Maternity negligence claims made up 60% of all costs
  • This equates to £8.2 billion in a single year

By comparison, a board paper published in March confirmed that NHS England spends approximately £3 billion annually on maternity and neonatal services – less than half the cost of compensation arising from harm.

maternity negligence costs

How the Cost of NHS Clinical Negligence Is Calculated

The cost of harm reflects the present value of claims expected or received during the financial year, including:

  • Lump-sum compensation payments
  • Future periodic payments
  • Legal and administrative costs

Many NHS maternity claims, particularly those involving birth injuries, cerebral palsy, or brain damage, can take years to resolve, significantly increasing long-term financial liabilities.

Thousands of Claims and Billions in Compensation

Independent research by the charity Baby Lifeline, analysed by the Times Health Commission, found that:

  • Over 10,000 clinical negligence claims were brought against the NHS in 2021-22
  • These claims were valued at more than £6 billion
  • Only 12% related to obstetrics, yet they accounted for 62% of the total value – £3.74 billion

In total, NHS obstetrics-related liabilities reached £41.5 billion, with £36.8 billion linked to negligence causing cerebral palsy or brain damage.

Families Want Learning and Accountability - Not Prolonged Litigation

James Titcombe, a bereaved father and campaigner with Baby Lifeline, said:

“We spend more on the cost of harm, when we could be spending more on prevention.”

He added that families affected by maternity negligence are not driven by financial gain:

“For the families affected, the last thing on their mind is litigation. They want the organisation to learn and they want to heal. They don’t want to be dragged through legal processes that re-traumatise them for years and years.”

NHS Response on Maternity Safety

An NHS spokesperson stated:

“Over the last decade, the NHS has made improvements to maternity services in England – with many fewer stillbirths and neonatal deaths – but we know further extensive action is needed to improve the experiences of women and their families across the country.”

Making a Maternity Negligence Claim

Why Families Chose to Make a Medical Negligence Claim

Clinical negligence in maternity care can be life-changing and devastating for both parents and children.

While no compensation can undo the harm, making a medical negligence claim can:

  • Provide a sense of justice
  • Secure vital financial support for ongoing care
  • Help drive systemic improvements to prevent future harm

Speak to Specialist Medical Negligence Solicitors

NJS Law Medical Negligence Expertise

Our NJS Law Medical Negligence Specialists are experienced in handling NHS maternity negligence claims, including cases involving:

  • Birth Injuries
  • Cerebral Palsy
  • Delayed diagnosis or poor obstetric care

We offer sympathetic, confidential support and will guide you through every step of the process.

Contact Our Medical Negligence Team

Call: 01625 667 262

Email: medical@njslaw.co.uk

Free, no-obligation consultation available

*Source: Maternity payouts cost NHS twice the price of care itself (thetimes.co.uk)

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Categories
Serious Injury

Traumatic Brain Injury Claim: Know Your Rights and Seek Justice

June 2023

Have you or a loved one recently experienced a traumatic brain injury (TBI) due to an accident or negligence? It’s crucial to understand your rights and take appropriate action to seek justice and compensation for the damages caused. Today, we clear up on the significance of traumatic brain injury claims and why it’s essential to pursue legal recourse.


Understanding Traumatic Brain Injury


Traumatic brain injuries occur when a severe blow or jolt to the head disrupts the normal functioning of the brain. They can result from various incidents such as motor vehicle accidents, falls, workplace accidents, sports-related injuries…. TBIs can have far-reaching consequences, affecting cognition, memory, behaviour, and overall quality of life.


After a TBI, it is crucial to receive immediate medical attention for evaluation, diagnosis, and stabilization. This may involve imaging tests, neurological assessments, and interventions to prevent further damage.


In the initial stages of recovery, individuals with severe TBIs may require specialized care in an acute care setting or inpatient rehabilitation facility: a multidisciplinary team of healthcare professionals, including physicians, neurologists, physical therapists, occupational therapists, speech therapists, and psychologists providing intensive care, therapy, and support.


For individuals with more severe or complex TBIs, long-term rehabilitation may be necessary. This can involve ongoing therapy, vocational rehabilitation, and support services to facilitate community reintegration and improve overall quality of life.


Every TBI is unique, and rehabilitation needs vary depending on the severity of the injury and the specific impairments experienced.


Available Support and Resources for Families


When a family member sustains a TBI, it can significantly affect the dynamics, roles, and emotional well-being of everyone involved. The impact can vary depending on the severity of the injury, the person’s pre-injury abilities, and the support network available. Some common challenges families face include:


1. Emotional and Psychological Impact: Families may experience a range of emotions such as shock, grief, anxiety, guilt, and frustration. Adjusting to the changes in their loved one’s personality, behavior, and cognitive abilities can be emotionally challenging.


2. Role Changes and Increased Responsibilities: The TBI may require family members to take on new roles and responsibilities, such as becoming a caregiver, managing medical appointments, coordinating therapies, and providing daily assistance with personal care, mobility, or communication.


3. Financial Strain: The costs associated with medical care, rehabilitation, and ongoing support services can place a significant financial burden on families. Additionally, the injured person may be unable to work, resulting in reduced income or the need for family members to leave their jobs to provide care.


It is essential for families to seek guidance from healthcare professionals, social workers, and support organizations specializing in TBI. They can provide personalized advice, connect families with appropriate resources, and offer ongoing support as the family navigates the challenges associated with TBI.


The Importance of Traumatic Brain Injury Claims


Filing a traumatic brain injury claim can help you or your loved one receive the support and compensation necessary to cope with the physical, emotional, and financial aftermath of such an injury. Compensation may cover medical expenses, ongoing rehabilitation and therapy costs, loss of income, pain and suffering, and diminished quality of life. By pursuing a claim, you not only seek financial indemnification but also hold the responsible parties accountable for their actions.


Time Limitations for Filing a Claim


It’s vital to understand that there are time limitations, known as statutes of limitations, for filing a traumatic brain injury claim. These limitations vary depending on the jurisdiction and the nature of the incident. Therefore, it’s crucial to consult with an experienced personal injury solicitor promptly to ensure you meet the necessary deadlines and don’t lose your right to seek compensation.


Seeking Legal Representation


When dealing with traumatic brain injury claims, it’s highly recommended to seek the guidance of a skilled personal injury lawyer who specializes in brain injury cases. A solicitor with expertise in this field will have in-depth knowledge of the legal complexities involved, access to medical experts, and the ability to gather crucial evidence to support your claim. They will advocate for your rights, negotiate with insurance companies, and fight for the maximum compensation you deserve.


Your Journey to Justice Begins Today


Remember, traumatic brain injuries can have a profound impact on your life and the lives of your loved ones. By initiating a traumatic brain injury claim, you are taking a powerful step towards obtaining justice, financial relief, and the necessary resources for your recovery and rehabilitation.


If you or a loved one you have suffered a traumatic brain injury, don’t wait any longer. Contact us today to discuss your case and explore your legal options. Your voice deserves to be heard, and you have the right to pursue compensation for the damages you’ve endured.


We do this by not only ensuring that you receive appropriate levels of compensation which will cover your future needs but also by arranging and coordinating treatment and rehabilitation which will help to improve your standard of living.


Our team has decades of combined experience in successfully advising and representing clients in brain injury cases. We are sympathetic and understanding and are here to help you every step of the way.


Call us on 01 625 667166 or email us today to discuss your claim.

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Categories
Pedestrian Accident

How To Claim Compensation For A Pedestrian Accident

June 2023

In 2021, an average of eight pedestrians died and 115 were seriously injured (adjusted) per week in reported road collisions. Statistics also show that “the most common contributory factor allocated to pedestrians in fatal or serious collisions with another vehicle was ‘Pedestrian failed to look properly.’ The most common factor allocated to the vehicles involved was ‘Driver or rider failed to look properly’”.

Pedestrian accidents can cause severe physical and emotional trauma, impacting a person’s life in several ways. Seeking compensation not only provides the victim with a sense of justice, but it can also be essential for obtaining the funds required to access quick, effective rehabilitation.

What are the common injuries associated with pedestrian accidents?

Pedestrian accidents can result in various injuries, ranging from minor to severe. Examples include:

  • Soft Tissue Injuries – these include bruises, sprains, strains, and contusions. Soft tissue injuries are common in pedestrian accidents due to the impact of the collision, which can cause damage to muscles, tendons, and ligaments.
  • Fractures – pedestrians can suffer bone fractures, such as broken arms, legs, wrists, hips, or ribs, when they are struck by a vehicle. Fractures can vary in severity, from hairline fractures to compound fractures that break through the skin.
  • Head Injuries – head injuries are common in pedestrian accidents. These injuries can range from concussions and contusions to more severe traumatic brain injuries (TBI). Head injuries can have long-term effects on cognitive function and overall well-being.
  • Back and Spinal Cord Injuries – when a pedestrian is hit by a vehicle, the impact can lead to back injuries, such as herniated discs, spinal fractures, or damage to the spinal cord. Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury.
  • Internal Organ Damage –the force of impact can cause internal injuries, such as damage to the liver, kidneys, spleen, or lungs. These injuries may require immediate medical attention and can be life-threatening if not promptly treated.
  • Cuts, Lacerations, and Abrasions – pedestrians may suffer from cuts, lacerations, and abrasions due to contact with the vehicle or the road surface. These injuries can range from minor cuts requiring stitches to more severe lacerations that may damage nerves, blood vessels, and tissue.
  • Psychological Trauma -being involved in a pedestrian accident can also result in psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression.

It is important to note that the severity of injuries can vary greatly depending on factors like the speed of the vehicle, the point of impact, and the overall health of the pedestrian. Older people and children may suffer greater damage than a fit, strong adult.

How much time do I have to bring a personal injury claim for a pedestrian accident?

In most cases, you must bring a claim for personal injury within three years of the accident. If you try and bring a claim after three years, time limit, have passed, the defendant will apply to the Court to have your claim struck out. The Court does have the discretion to waive the limitation period and allow the claim; however, this is extremely rare, and you will need to provide solid evidence that there is good reason for the Court to use its discretion.

There are exceptions to the limitation rule including:

  • Children – if the accident occurred when the victim was a child, the three-year limit begins to run after they turn 18 years old.
  • Date of knowledge – in some cases it can be difficult to establish when the negligence took place. Therefore, the limitation period begins to run from the date the victim became aware of the injury which resulted from the negligence (referred to as the ‘date of knowledge’). This is rare in pedestrian accident claims.
  • Lack of capacity – if the victim suffers an injury which results in them losing capacity to bring a claim, the limitation period begins to run from the date they regained capacity. If they never regain capacity, a claim can be brought at any time by a Litigation Friend.
  • Death – if the victim dies from their fatal injuries their estate can bring a claim within three years of the date of the victim’s death.

Even if you suspect the limitation limit has passed it is still crucial to talk to a Personal Injury Solicitor who can advise you of your options and claim process.

How do I prove negligence in a pedestrian accident case?

To succeed in a personal injury claim, you need to prove, on the balance of probabilities that:

  1. The Defendant owed you a duty of care,
  2. They breached that duty, and
  3. This resulted in you suffering damage.

There are various things you can do to support your claim, including:

  • Keeping all hospital and medical records.
  • Collecting the names and contact details of any witnesses to the accident.
  • If possible, take photographs of the accident scene.
  • Ensure the police are called and take a copy of the police report.

Pedestrian accidents can have life-altering consequences, leaving victims physically, emotionally, and financially devastated. Making a personal injury claim is a vital step towards rebuilding your life. By instructing an experienced Personal Injury Lawyer, you will give yourself the best chance of being awarded compensation. This will allow you to focus on your recovery and move forward to a positive future.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from pedestrian accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

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Categories
Medical Negligence

Secondary Victims and Psychiatric Injury in Clinical Negligence Claims

June 2023

The question of whether a person who witnesses a traumatic event caused by another’s negligence can claim compensation for psychiatric injury has long challenged the courts. On the surface, it may seem fair that a secondary victim who develops mental health difficulties should receive compensation. However, the courts must also prevent an unmanageable expansion of liability.

For that reason, judges have consistently sought to strike a careful balance. Without strict limits, a vast number of claims could arise from people who witness distressing events indirectly. To illustrate the concern, if everyone who watched the events of 11 September on television could bring a claim, the legal system would struggle to function effectively.

As a result, the law surrounding secondary victim claims has developed cautiously and remains tightly controlled.

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The Legal Test for Secondary Victim Claims

The law on secondary victims in personal injury cases is well established. The leading authority is Alcock v Chief Constable of the South Yorkshire Police [1992] 1 AC 310, which arose from claims following the Hillsborough disaster.

In Alcock, Lord Oliver identified five key elements that a secondary victim must prove to establish sufficient proximity to both the primary victim and the traumatic event:

  1. A close relationship of love and affection, typically a marital or parental relationship
  2. A sudden and unexpected shock to the claimant’s nervous system
  3. Physical presence at the scene of the accident or its immediate aftermath
  4. Psychiatric injury caused by witnessing the death, serious injury, or extreme danger to the primary victim
  5. Close physical and temporal proximity between the event and the claimant’s perception of it

In addition, it must have been reasonably foreseeable that a person in the claimant’s position would suffer psychiatric injury as a result of those combined circumstances.

In practice, this creates a very high threshold. Consequently, only a small number of secondary victim claims succeed.

The Paul Case and Medical Negligence

Against this background, the Supreme Court considered whether the same restrictive test should apply to secondary victims of medical negligence in Paul and Others v The Royal Wolverhampton NHS Trust and Others.

Importantly, the case involved three separate appeals. Each appeal concerned psychiatric injury suffered by individuals who witnessed the death of a close family member following alleged medical negligence.

The Three Appeals

The Paul Case
Mr Paul’s two children witnessed him suffer a fatal heart attack while shopping. The family alleged that the defendant NHS Trust was negligent in failing to carry out coronary angiography 14 months earlier, which would have revealed treatable coronary artery disease.

The Second Appeal
Two claimants developed post-traumatic stress disorder and major depression after witnessing the collapse, attempted resuscitation, and death of a young child. The defendant admitted failing to diagnose the respiratory condition that caused the child’s death.

The Third Appeal
A mother developed PTSD, severe anxiety, and depression after witnessing her daughter die from pneumonia. It was alleged that the condition had not been properly assessed or diagnosed.

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The Court of Appeal’s Decision

After reviewing the authorities, the Court of Appeal identified the central legal issue. Specifically, the court examined how existing case law applies where a delay exists between the negligent act and the traumatic event witnessed by the claimant.

For example, in Mr Paul’s case, the alleged negligence occurred more than a year before his death. As a result, the court had to decide whether that delay defeated the requirement for proximity.

To resolve this issue, the Court of Appeal relied heavily on an earlier decision.

Taylor v Novo: A Key Precedent

The most influential authority was Taylor v Novo (UK) Ltd [2014] QB 150. In that case, the claimant’s mother suffered injuries at work due to her employer’s negligence. Although she initially recovered, she later collapsed and died from complications caused by those injuries.

Crucially, the claimant witnessed her mother’s death and developed PTSD. Despite this, the Court of Appeal rejected the claim because the claimant was not present at the original accident.

Lord Dyson explained that the relevant “event” was the workplace accident itself, not the later death. Allowing recovery in those circumstances would, in his view, stretch the concept of proximity too far. Furthermore, he emphasised that any expansion of liability should come from Parliament rather than the courts.

Applying Novo in Paul

In Paul, the Court of Appeal considered itself bound by Novo. Sir Geoffrey Vos, Master of the Rolls, concluded:

“Novo does preclude liability in the circumstances of these cases, even where a horrific event is the first occasion on which any damage is caused to the primary victim.”

Sir Geoffrey Vos, Master of the Rolls

As a result, the secondary victim claims were not allowed to proceed.

Concluding Thoughts and the Supreme Court Appeal

Despite dismissing the claims, Sir Geoffrey Vos expressed clear reservations about whether Novo had been correctly decided. For that reason, the court granted permission to appeal to the Supreme Court.

In his view, the Supreme Court should reconsider how the Alcock principles apply in medical negligence cases, particularly where the shocking event represents the first manifestation of harm.

Secondary victim claims remain legally and emotionally complex. Nevertheless, the courts may be better placed than Parliament to address these issues on a case-by-case basis. By doing so, they can deliver justice where appropriate while still preventing the floodgates from opening too wide.

We will provide a further update once the Supreme Court delivers its decision.

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