Categories
Preventable Suicide

Private Mental Health Provider Fined Over Inpatient’s Tragic Death

September 2023

The Private Mental Health Provider Cygnet Health Care Fined £1.53 Million Over Inpatient’s Tragic Death in London*.


In a landmark legal case, Cygnet Health Care, a private-sector mental health provider, has been hit with a £1.53 million fine after pleading guilty to charges brought by the Care Quality Commission (CQC). The charges revolve around the provider’s failure to ensure the safety and well-being of an inpatient at its Ealing hospital, ultimately resulting in the tragic death of a young woman who took her own life in July 2019.


This big fine marks a significant milestone, constituting the largest penalty ever imposed on a mental health service as a result of legal action initiated by the CQC. It follows a prior £1.5 million fine imposed on the Essex Partnership University NHS Foundation Trust in 2021 for breaches in care that led to 11 fatalities.

Cygnet Health Care, which is under the ownership of the US-based Universal Health Services, acknowledged its shortcomings in providing a secure ward environment that would minimize the risk of ligature use by patients. Additionally, they failed to ensure adequate patient monitoring in accordance with company protocols and neglected to adequately train staff in emergency resuscitation procedures.


A revelation by The Guardian in 2022 exposed serious deficiencies in the care provided to 11 inpatients at Cygnet facilities since 2012, as well as at other private mental health providers. In total, the NHS allocates approximately £2 billion annually to private hospitals for mental health services.


The CQC initiated legal proceedings following the case of a young woman admitted to Cygnet Hospital Ealing in November 2018, who tragically took her own life on the ward eight months later. The CQC highlighted that Cygnet Ealing was fully aware of the patient’s previous suicide attempt, which was nearly identical, yet they failed to adequately address the known environmental risks she faced. The CQC asserted that had Cygnet Health Care fulfilled its statutory obligations, the young woman would not have been exposed to such a significant risk.


Jane Ray, Deputy Director of Operations for CQC in London, expressed her disappointment, stating that individuals, especially those going through vulnerable periods in their lives, should expect safe and compassionate care. She emphasized that it was unacceptable for Cygnet Hospital Ealing to mismanage the young woman’s safety when she needed them the most. She welcomed Cygnet Health Care’s guilty plea but also criticized the provider for failing to learn from prior incidents that could potentially have prevented this tragic outcome.


During the court proceedings, the judge clarified that the case was not about prioritizing profit over safety.


If you’ve experienced the loss of a loved one due to inadequate mental health care, we might be able to assist you in pursuing a claim and guiding you through the inquest procedure.


Our skilled medical negligence solicitors will conduct a thorough investigation into the circumstances surrounding your loved one’s suicide, seeking to determine how and why it occurred.


We will strive to secure an acknowledgment of the mistreatment your loved one endured and obtain the compensation you rightfully deserve to address any financial charge you have encountered.

*Source: https://www.theguardian.com/society/2023/sep/22/private-mental-health-provider-fined-153m-over-in-patients-death

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Categories
Medical Negligence

Claiming Compensation for a Delayed Sepsis Diagnosis

September 2023

Sepsis is a killer that few people have heard of; however, it causes more deaths globally per year than bowel, breast, and pancreatic cancer combined and almost 25 per cent of fatalities are preventable.

What makes these statistics even more concerning is that new research from Germany suggests that the four screening tools* used worldwide to identify cases of life-threatening sepsis are flawed.

Sepsis can be successfully treated with antibiotics if it is caught early. But unfortunately, healthcare professionals can delay diagnosing sepsis. This can lead to post-sepsis syndrome and other physical and psychological complications. If this has happened to you, you may have a medical negligence claim, and if you win, you are likely to be awarded compensation.

What is sepsis?

Sepsis (also known as blood poisoning) is a potentially life-threatening medical condition that occurs when the body’s response to infection goes haywire, leading to widespread inflammation and organ dysfunction. Sepsis can develop in response to several types of infections, including bacterial, viral, fungal, or parasitic infections.

Sepsis typically progresses as follows:

  • Infection – Sepsis usually starts with an infection somewhere in the body, such as the lungs (pneumonia), urinary tract, abdomen (e.g., from a ruptured appendix), or an open wound.
  • Immune response – In response to the infection, the body’s immune system releases chemicals into the bloodstream to fight the invading pathogens. While this is a normal and essential response, in sepsis, the immune response becomes uncontrolled and can lead to excessive inflammation.
  • Systemic inflammation – The excessive release of chemicals can trigger a widespread inflammatory response throughout the body. This can result in various symptoms, including fever, rapid heart rate and breathing, low blood pressure, and confusion.
  • Organ dysfunction – In severe cases of sepsis, the inflammation can disrupt the normal functioning of vital organs, such as the heart, kidneys, lungs, liver, and others. This can lead to organ impairment or failure, which can cause death.

Severe sepsis and septic shock are advanced stages of sepsis. Severe sepsis is where the illness progresses to the point where one or more organs begin to fail. This condition requires immediate medical attention. Septic shock is the most critical stage of sepsis, characterised by extremely low blood pressure and an elevated risk of multiple organ failure.

Early recognition and prompt treatment of sepsis are crucial. Treatment typically involves antibiotics to target the underlying infection, fluids to maintain blood pressure and organ function, and sometimes other supportive therapies like vasopressors (to raise low blood pressure) or mechanical ventilation in severe cases.

Why is there sometimes a delay in diagnosing sepsis?

Delays in diagnosing sepsis can occur for assorted reasons and can have grave consequences due to the rapid progression of the condition. Some common reasons for a delayed sepsis diagnosis include:

  • In the preliminary stages, sepsis can present with symptoms that are non-specific and can resemble other less severe conditions. Symptoms include fever, increased heart rate, rapid breathing, confusion, and weakness.
  • Sepsis is a complicated condition, and not all healthcare providers may be fully aware of the latest guidelines and criteria for diagnosing sepsis. This lack of awareness can result in missed opportunities for early intervention.
  • Sepsis can affect multiple organ systems, leading to a complex and varied clinical presentation. The symptoms and signs of sepsis may overlap with those of other medical conditions, making it challenging to diagnose accurately.
  • Healthcare providers may initially underestimate the severity of the patient’s condition, especially if the patient’s vital signs are not significantly abnormal.
  • Shift changeovers, the widespread use of agency staff, and cross-departmental care can lead to communication breakdowns, which can in turn result in a patient’s sepsis not being diagnosed until it is too late.
  • If an infection lies deep within the body and/or the patient has several medical issues, sepsis can be hard to spot.
  • Sepsis can present differently in children and the elderly.
  • Staff shortages and lack of equipment can mean conditions with difficult diagnosis such as sepsis can be missed.

The issue of late diagnosis of sepsis and other conditions is so serious that the Government has backed bringing in Martha’s rule in England. It will ensure that patients and their families can get a second medical opinion if they believe their concerns are not being taken seriously by medical staff.

This follows a campaign by Martha Mill’s parents. Martha died in 2021 after developing sepsis following a fall from her bike which caused a pancreatic injury. A Coroner ruled that Martha would likely have survived if doctors had identified sepsis warning signs and transferred her to intensive care.

How can NJS Law help with a delayed diagnosis for sepsis medical negligence claim?

We have an exceptionally talented and experienced medical negligence team who can advise and represent you in making a compensation claim. 

If you believe healthcare professionals delayed diagnosing your sepsis and this has led you to suffer physical and/or psychological damage, please contact us immediately. Under the Limitations Act 1980, you only have three years to make a claim for medical negligence, so time is of the essence.

Our solicitors are compassionate and caring, as well as extremely tenacious when it comes to fighting to ensure you receive rehabilitation and compensation.

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

*NEWS2 (National Early Warning Score), qSOFA (quick Sequential Organ Failure Assessment), MEWS (Modified Early Warning Score) and SIRS (Systemic Inflammatory Response Syndrome)

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Categories
Preventable Suicide

Urgent Improvements In NHS Mental Health Are Needed To Prevent More Tragic Children’s Deaths By Suicide

September 2023

Nadia Persaud, the east London area coroner and the coroner who led the inquest about the suicide of Allison Aules, 12 in July 2022 has warned the health secretary that preventable child suicides are likely to increase unless the government provides more funding for mental health services.


Nadia Persaud told Steve Barclay that the suicide of Allison Aules highlighted the risk of similar deaths “unless action is taken”.

At the conclusion of the suicide Allison’s inquest, coroner Nadia Persaud highlighted a series of failures by North East London NHS foundation trust (NELFT) that contributed to her death. In her verdict, Persaud said: “Allison didn’t receive the mental health care which she should have received and I find that the absence of care contributed to her death.”

In a scathing report, Persaud has identified the under-resourcing of child and adolescent mental health services (CAMHS) as a significant contributing factor to the death of Allison. The report, which was addressed to Barclay, NHS England, and two royal colleges, expressed concerns about delays in Allison’s assessment by the mental health team due to the under-resourcing of CAMHS.

An inquest into Allison’s death found that the North East London NHS foundation trust (NELFT) was responsible for a series of failures that contributed to the tragedy. The delays and errors uncovered during the inquest, according to Persaud, shed light on wider concerns about funding and recruitment problems in mental health services.


Persaud’s report highlighted that the under-resourcing of CAMHS was not limited to the local trust responsible for Allison’s care but was a national issue of significant concern.

The inquest revealed that Allison’s situation deteriorated dramatically during the Covid lockdown. Her school referred her to NELFT in May 2021 due to concerns about self-harm, low mood, anxiety, and bed-wetting. However, she was not assessed for a period of nine months and never received face-to-face treatment.


Persaud’s report further stated that the delays experienced by Allison were unfortunately not uncommon within CAMHS teams across the country. She noted that there was a lack of evidence of any consultant psychiatrist taking charge of the team and highlighted difficulties in recruiting qualified psychiatrists.


The inquest also revealed that Allison was inappropriately discharged just weeks before her death, with input from a management team tasked with clearing a backlog of cases that had accumulated during the pandemic. The coroner criticized the poor funding of CAMHS, given that the region was facing 140 referrals of children and adolescents each week compared to only 10-12 in the 2010s.


Dr. Persaud expressed concern that if the ongoing under-resourcing of CAMHS services persists while demand continues to rise, similar future deaths may occur. The report called for immediate action to prevent such tragedies from happening again.


Barclay, along with the NHS, has been given until 25 October to respond to the report. Under the Coroners and Justice Act 2009, both entities must outline the actions taken and proposed to prevent similar deaths in the future, along with a timeline for implementation. If no action is proposed, an explanation must be provided.


The Department for Health and Social Care expressed condolences to Allison’s family and highlighted their commitment to investing in mental health services for children and young people. They mentioned an additional £2.3bn per year to be allocated to mental health services by 2024, which will allow an additional 345,000 children and young people to access NHS-funded mental health support. The government stated that they are carefully considering the coroner’s recommendations and will respond within the required timeframe.


If you’ve experienced the loss of a loved one due to inadequate mental health care, we might be able to assist you in pursuing a claim and guiding you through the inquest procedure.


Our skilled medical negligence solicitors will conduct a thorough investigation into the circumstances surrounding your loved one’s suicide, seeking to determine how and why it occurred.


We will strive to secure an acknowledgment of the mistreatment your loved one endured and obtain the compensation you rightfully deserve to address any financial charge you have encountered.

 

 

 

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Categories
Birth Injury

How Do I Claim Compensation For A Birth Injury?

September 2023

Most women giving birth today expect to leave hospital safe and sound with a healthy baby. Modern medicine has led us into a false sense of security when it comes to childbirth. We all know that pregnancy and labour were highly dangerous in the past, but surely nothing catastrophic happens nowadays? If only this were true. 

Unfortunately, scores of women and infants suffer birth injuries every year. Midwives and obstetricians usually provide exemplary care; however, due to NHS staff shortages, underfunding, and human error, mistakes happen and the consequences can be devastating.

If you or your baby have suffered a birth injury due to medical negligence, you may be able to claim compensation. 

What is a birth injury?

Birth injuries are injuries caused to a mother and/or infant before, during, or soon after labour. Examples of injuries that can affect the mother include:

  • Perineal trauma
  • Haemorrhage
  • Infection
  • Ruptured uterus
  • Prolapsed uterus
  • Broken pelvis
  • Pre-eclampsia

Babies can also suffer a range of birth injuries, including:

  • Cerebral palsy
  • Oxygen starvation (Anoxia or Hypoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Erbs palsy, also known as shoulder dystocia
  • Stillbirth

Some are minor and leave no lasting ill-effects. Others are lifechanging for mother and/or child, resulting in the need for a lifetime of care and medical treatments. In between are the moderate injuries that affect the patient’s quality of life and cause pain and suffering for a period of time. In the latter two scenarios, making a claim for birth injury compensation provides not only a way to access money and rehabilitation, but also the ability to get an explanation for what went wrong.

How do I prove that negligence caused a birth injury?

If you believe you may have suffered negligent care or treatment during pregnancy and/or labour, or shortly after your baby was born, you will need to prove, on the balance of probabilities, that:

  • You were owed you a duty of care by the healthcare professional (the NHS Trust is normally the Defendant in such cases),
  • The duty owed to you was breached, and
  • The breach resulted in you and/or your baby’s personal injury.

Your Birth Injury Solicitor will examine you and/or your child’s medical records, talk to witnesses, and, most importantly, listen to your story in order to establish whether a birth injury claim exists.

If your Solicitor agrees that your care/treatment fell below the standard normally expected of a competent healthcare professional operating in similar circumstances, they will often instruct an expert in midwifery and/or obstetrics to write a detailed report to present to the Court on the likely cause of your injuries and your prognosis. The latter is particularly important when it comes to calculating the amount of damages to award should you win your case.

How long do birth injury claims take?

Claims involving moderate birth injuries can take anything from 12-24 months to conclude. Catastrophic birth injury claims, such as severe cerebral palsy, can take 36 months or more. This is because award settlements in such cases can run to millions of pounds and the evidence can be extremely complex.

Because these types of cases can take a long time, it is crucial that you choose a Birth Injuries Solicitor who you feel comfortable with. You need to feel confident that you can speak openly about your worries and frustrations and that they are by your side, fighting for a positive result. It is important to note that results do not mean only the final settlement. If you or your baby require urgent medical care and rehabilitation, your Solicitor will initially focus on getting a care plan in place and interim payments to fund the treatment required to increase the chances of recovery.

How do I pay for a Solicitor in a birth injury claim?

If you or your baby have suffered a birth injury, money is likely to be a key concern for you and your family, especially if you have had to take extended time off work and/or pay for medical treatment. If, having had an initial discussion, your Birth Injury Solicitor believes your claim has a good chance of success, they are likely to take your case on a No Win, No Fee basis. This means that if you lose your case, you will not be charged legal fees, although you may have to pay for any disbursements (expenses relating to your case).

Wrapping up

Over the past decade the sometimes shocking state of neo-natal and maternity care in England and Wales has been laid bare. One newspaper recently provided a concise summary of the situation to date:

“When it comes to neo-natal and maternity care, in the past decade alone the Ockenden review of the Shropshire maternity scandal (March 2022) revealed a “them and us” culture at the Shrewsbury and Telford Hospital NHS Trust between midwives and other staff, to the detriment of mothers and babies. A review by Dr Bill Kirkup (October 2022) of serious failings in maternity care at East Kent Hospitals University NHS Foundation Trust found women in labour were treated with “callousness” and “cruelty”, while trust chiefs appeared to play down problems. The Morecambe Bay report (March 2015) exposed a “lethal mix” of failings at almost every level in the maternity unit at Furness General Hospital in Cumbria. And an independent review of failings in maternity services at Nottingham University Hospitals, commissioned this year, is expected to uncover the biggest maternity scandal in NHS history.”

The above statement confirms that if you or your baby have suffered a birth injury through negligent care, you are far from alone. What matters now is you get the support you need to make a compensation claim so you can fund the rehabilitation and care you and/or your child needs. In addition, bringing a compensation claim can get you answers as to what caused you or your baby’s injuries, and/or an apology from the NHS Trust concerned.

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

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

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Categories
Housing Disrepair Claims

3 Tips For A Housing Disrepair Claim

September 2023

When pursuing a housing disrepair claim, it’s important to approach the process strategically to maximise your chances of success. Here are three tips to help you with your housing disrepair claim by Gary Saunders:

1. Document the issues: Thoroughly document all the problems and disrepair in your property. Take detailed photographs or videos that clearly show the extent of the issues, such as mould, leaks, dampness… Keep a record of any communication with your landlord regarding the problems, including dates, times, and content of conversations, as well as any written correspondence. These records will serve as crucial evidence in your claim.

2. Notify your Council/Housing Association: It is essential to inform your landlord about the disrepair issues promptly. Provide written notice that clearly outlines the problems, including their impact on your health, safety, and living conditions. Be sure to send the notice via a method that provides proof of delivery, such as registered mail or email. Keep copies of all correspondence, as they will demonstrate your efforts to resolve the issues amicably.

3. Seek legal advice and assistance: Housing disrepair claims can be complex, and it is often helpful to consult with a legal professional who specialises in housing law. They can guide you through the process, assess the strength of your claim, and help you understand your rights and options. They may also be able to negotiate with your landlord or represent you in court if necessary.

If you’ve reported repairs to your landlord and they haven’t done anything, you can make a claim..

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!

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim

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Categories
Medical Negligence

Royal Sussex Hospital Under Medical Negligence Investigation

September 2023

Ongoing Investigation into Allegations of Cover-Up and Medical Negligence at Royal Sussex County Hospital in Brighton.

The police investigation at the Royal Sussex County Hospital in Brighton, which initially focused on allegations of cover-up and medical negligence between 2015 and 2020 under Operation Bramber, has now expanded to include more recent cases from 2021. Internal sources have alleged that dangerous surgical practices persist within the hospital, fuelling concerns over patient safety.

The initial revelations came to light when The Guardian reported Sussex police’s investigation into the deaths of approximately 40 patients across the hospital’s general surgery and neurosurgery departments. The investigation started with medical negligence concerns which has now uncovered cases of severe harm to patients and deaths.

Insiders, with knowledge of ongoing issues at RSCH, claim that the hospital’s surgical departments remain a cause for concern. They argue that certain surgeons continue to pose a risk to patients. Allegations of avoidable deaths and detrimental surgical outcomes persist, highlighting the severity of the situation.

Some specific cases under scrutiny include that of Lewis Chilcott, a 23-year-old who tragically passed away at RSCH in July 2021. An alleged error during a tracheostomy procedure led to infection and a fatal arterial haemorrhage. A coroner’s inquiry concluded that Chilcott’s death resulted from a rare complication of the procedure, likely caused by the improperly positioned tube.

Another case involves Jugal Sharma, 63, who suffered severe disability in April 2020 due to a misdiagnosis that led to an unnecessary operation. Mr Sharma’s family claims that a stroke during the operation went unnoticed initially. The tumour, initially believed to be a grade 4, turned out to be a less serious grade 2 cancer. The consultant involved in the surgery had previously been cited in a 70-page document outlining alleged surgical errors resulting in patient harm and death.

The families affected by these medical incidents and the broader public are anxiously awaiting the results of the police investigations, in the hope that they will shed light on the circumstances surrounding these tragic cases and provide reassurance regarding the safety of medical care at RSCH,

If you suspect that you or a family member may have been affected by incidents of medical negligence occurring at the Royal Sussex County Hospital during the period covering from 2015 to 2020, the Medical Negligence team at Nicholson Jones Sutton Solicitors is prepared to offer its assistance.

With our extensive expertise in handling medical negligence cases, we stand ready to provide you with legal counsel and evaluate your circumstances to determine the viability of a potential medical negligence claim.

Although nothing can bring back a loved one, making a claim for wrongful death due to medical negligence can:

  • Provide compensation for dependent family members, freeing them from financial worries.

  • Trigger an investigation into the cause of death. Although most claims are settled out of court, bringing a compensation claim provides families with an opportunity to hold the healthcare

  • Provider to account and (hopefully) prevent such negligence happening again.

Death due to medical negligence is a catastrophic outcome. We understand how devastated you are and we will work tenaciously and compassionately to get you the compensation you need to cover your future financial needs and achieve some form of justice for what has happened.

Our team has decades of combined experience in successfully advising and representing clients in clinical negligence cases. We are sympathetic, 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
Health Deterioration for Disrepair

How Can Disrepair Affect Your Health

September 2023

When a property deteriorates and falls into disrepair, it can have adverse effects on your health.

If you’re renting, this is completely unacceptable, and your housing association or local council should take action to rectify the issue.

Housing disrepair can manifest in various ways, including mould, pest infestations, faulty plumbing, and sanitation problems. Such disrepair can lead to a range of health issues, with the most common ones being:

Allergic Reactions

Exposure to certain substances, such as mould spores, dust mites, and chemicals found in building materials, can cause allergic reactions in the body. Symptoms can include difficulty breathing, watery eyes and nose, itchy eyes, a sore throat, congestion, coughing, sneezing, eczema, and other skin conditions. If you’re living in poor housing conditions, these symptoms may be related.

Respiratory Conditions, Including Asthma

For some individuals, exposure to specific allergens can irritate the respiratory system and lead to conditions like asthma. Cockroaches, for instance, have been identified as asthma triggers in inner-city neighbourhoods. Respiratory conditions can also result from exposure to dampness, mould, and hazardous materials like asbestos. According to the NHS people who live in a damp and mouldy home have a higher risk of respiratory infections/problems, allergies, and asthma.

Respiratory Infections

Living in cold, damp, and mouldy conditions can increase the risk of respiratory infections, including sinusitis, bronchitis, and pneumonia. Vulnerable populations, such as the young and elderly, are particularly susceptible.

Gastrointestinal Infections

Broken drains, pipes, water systems, and toilets can expose tenants to gastrointestinal infections due to contact with faecal matter or contaminated water. Pest infestations, unhygienic conditions, and inadequate waste management systems can also contribute to these infections, leading to symptoms like fever, vomiting, diarrhoea, and dehydration, which can be especially severe for immunocompromised individuals.

Poisoning

Inadequate ventilation, hazardous building materials, and structural disrepair can expose residents to toxic substances like smoke, lead, radon gas, and carbon monoxide. These substances can cause breathing difficulties, nervous system disorders, cancer, and even fatalities. Carbon monoxide leaks, for instance, can lead to fatal poisoning within a short time.

Physical Injuries

Unsafe housing conditions increase the likelihood of physical injuries from incidents like trips, falls, burns, scalds, cuts, and electric shocks. These injuries can result from uneven flooring, faulty wiring, malfunctioning appliances, broken doors and windows, and structural damage, among other hazards.

Cardiovascular Diseases

Cardiovascular diseases, including heart attacks, strokes, and heart failure, can be exacerbated by housing disrepair, especially in properties that are cold, damp, or mouldy.

Anxiety and Depression

Living in a poorly maintained property can also take a toll on mental health, leading to anxiety and depression. Research indicates that housing issues have negatively affected the mental health of 21% of adults in England within the past five years.

 

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!
Has Your Health Been Impacted by Housing Disrepair?

Tenants in England and Wales should not have to endure substandard housing conditions. Housing associations and councils are legally obligated to ensure that rental properties are suitable for human habitation. If your health is affected, it’s their responsibility. Contact your housing association or council to request repairs, which should be completed within a reasonable timeframe, typically within three months.

If your requests are ignored or denied, persist in contacting them. If no resolution is reached, consider reaching out to Nicholson Jones Sutton Solicitors.

Tenants have the right to live in housing that meets basic standards, and you can take legal action if your housing association or council fails to meet their repair obligations, which is known as pursuing a housing disrepair claim.

Claiming Compensation for Your Health Issues

A housing disrepair claim allow you to seek compensation for your health problems and/or injuries, whether they are physical or emotional.

If your repairs have been done but you and/or your family are still suffering health problems as a consequence of living in disrepair you have the right to claim.

How NJS Law can help you with your claim.

NJS Law is one of the few housing disrepair solicitors across England and Wales who have a professional and dedicated legal team to ensure that your repairs are completed and more importantly get your home into the excellent condition that you deserve.

We can help you with the following aspects:

  • Instruct a surveyor to assess the disrepair and provide a report to use as evidence
  • If necessary, legally ensure your housing association or council completes all your repairs.
  • Obtaining a medical expert’s report to establish a clear link between your health issues and the housing disrepair.
  • Claim compensation for you for the period of time your property has been in disrepair

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

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Categories
Contentious Probate

Disputing a Will in the UK due to Lack of Mental Capacity

September 2023

Have you found yourself in a situation where you believe that a will should be disputed because the deceased lacked mental capacity?

This is a complex and sensitive matter, but understanding the process can help you navigate through it. Here’s a brief guide to get you started.

  • Assessing Mental Capacity: To successfully challenge a will on the grounds of mental capacity, it is crucial to establish that the person making the will (known as the testator) did not have the requisite mental capacity at the time of its creation. Mental capacity refers to the ability to understand and make decisions about the will’s contents and the implications of those decisions.
  • Seeking Legal Advice: If you suspect that a will is invalid due to lack of mental capacity, it is recommended to consult with a qualified solicitor specialising in contentious probate and will disputes. They can evaluate your case, provide legal advice, and guide you through the process of contesting the will.
  • Gathering Evidence: To support your claim, it is important to gather evidence that demonstrates the testator’s lack of mental capacity. This may include medical records, statements from healthcare professionals, and witness testimonies who were present at the time the will was created. Expert opinion from medical or psychiatric professionals may also be necessary to ascertain the individual’s mental state.
  • Contesting the Will: To dispute a will, you’ll need to initiate legal proceedings by filing a claim in court. It’s important to note that there are time limitations for contesting a will, so seeking legal advice promptly is advisable.

     

  • The Court’s Decision: If the court determines that the testator lacked mental capacity at the time of making the will, it may declare the will invalid. In such cases, the court will rely on the deceased’s previous valid will or, if none exists, the rules of intestacy to distribute the estate.
  • Mediation and Settlement: In some instances, it may be possible to reach a settlement through mediation, avoiding the need for a full trial. Mediation involves discussions facilitated by a neutral mediator to find a mutually agreeable resolution. This option can save time, costs, and emotional stress for all parties involved.

Disputing a will can be emotionally challenging, especially when mental capacity is in question. It’s important to remember that the legal process aims to achieve justice and protect the interests of all parties involved. By seeking legal advice and gathering the necessary evidence, you can ensure that your concerns are appropriately addressed.

If you find yourself in a situation where you believe a will should be disputed due to lack of mental capacity, do not hesitate to contact us. We are her to help.

Our team has extensive experience dealing with Contentious Probate matters.

We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

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Categories
Estate Administration Disputes

Understanding Estate Administration Disputes

September 2023

Estate administration disputes refer to conflicts that arise during the process of settling an individual’s estate after their death. These disputes can occur due to various reasons, including disagreements over the validity of the person who died person’s will, conflicts between beneficiaries, or concerns about the actions of the executor or administrator.

Some common types of estate administration disputes include:

  • Disputes regarding the validity of the will: One of the most common types of estate administration disputes revolves around the validity of the deceased person’s will. This can include challenges to the authenticity of the will, claims that the testator (the person who created the will) was not of sound mind when creating it, or allegations of undue influence by a third party in the creation of the will.

  • Challenges to the appointment of executors or administrators: The appointment of an executor or administrator is a critical aspect of estate administration. Disputes can emerge when beneficiaries or interested parties contest the choice of executor or administrator, often asserting that the selected individual is not fit for the role due to conflicts of interest or incompetence.

  • Claims of undue influence or lack of capacity: These disputes revolve around allegations that the deceased person was unduly influenced by someone when making decisions about their estate, or that they lacked the mental capacity to make informed decisions about their assets and beneficiaries.

  • Disagreements between beneficiaries regarding the distribution of assets: Beneficiaries may have differing opinions about how the estate’s assets should be distributed. These disagreements can be particularly contentious when there are substantial assets or sentimental items involved.

  • Disputes over the interpretation of the will’s provisions: The language used in a will can sometimes be ambiguous or open to interpretation. Disputes may arise when beneficiaries or interested parties have differing views on how specific provisions of the will should be understood and implemented.

  • Inheritance Act claims by individuals who believe they have not been adequately provided for: Individuals who believe that they have not been adequately provided for in the deceased person’s will can make claims under the Inheritance Act. These claims seek to ensure that certain individuals, often close family members, receive a fair share of the estate’s assets.

If amicable methods fail or are inappropriate for the situation, seeking legal advice is crucial when dealing with estate administration disputes.

Our team has extensive experience dealing with Contentious Probate matters.

We are sympathetic, understanding, and are here to help you every step of the way.

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