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Month: October 2023

Categories
Public Liability

Which UK Councils Are Paying The Biggest Injury Compensations?

October 2023

Recent data* has revealed the 10 local councils in England and Wales most affected by personal injury compensation claims – highlighting the real cost of accidents in public places.*

The majority of these claims stem from slips, trips, and falls, pothole accidents, falling objects, and injuries caused by poorly maintained public spaces, pavements, and equipment.

These figures demonstrate the importance of councils meeting their legal duty of care to keep the public safe.

Councils Paying the Most in Personal Injury Claims (2022-2023)

According to the data, Liverpool City Council recorded the highest personal injury payouts, paying over £1.7 million between April 2022 and April 2023.

Close behind were Essex County Council and Hampshire County Council, both of which paid out more than £1.2 million in compensation during the same period.

Top 10 Councils for Personal Injury Compensation Payouts

  1. Liverpool City Council – 311 claims – £1,743,423.43
  2. Essex County Council – 440 claims – £1,286,745.92
  3. Hampshire County Council – 217 claims – £1,256,506.82
  4. Camden Council – 92 claims – £1,108,472.57
  5. Manchester City Council – 341 claims – £1,081,522.00
  6. Birmingham City Council – 283 – £806,004.00
  7. Bury Council – 82 claims – £735,000.00
  8. Rochdale Metropolitan Borough Council – 104 claims – £719,454.46
  9. Southampton City Council – 49 claims – £494,970.00
  10. Sheffield City Council – 79 claims – £481,351.32

Why Are Councils Liable for Personal Injury Claims?

Local councils and authorities are government bodies responsible for maintaining public services and spaces, including:

  • Roads and pavements
  • Parks and public walkways
  • Schools and leisure facilities
  • Public transport infrastructure

They are legally required to ensure these environments are safe for public use.

Council Duty of Care Explained

Under the Highways Act 1980, councils are responsible for maintaining pavements and public highways in a reasonably safe condition for pedestrians.

To meet this duty of care, councils must:

  • Carry out regular safety inspections
  • Repair hazards such as potholes and uneven paving
  • Address risks from falling objects or unsafe structures
  • Provide clear warnings where immediate repairs are not possible

Failure to do so can result in council negligence claims when someone is injured.

Can You Claim Compensation Against a Council?

If you were injured due to local authority negligence, you may be entitled to claim compensation for:

  • Pain and suffering
  • Medical treatment and rehabilitation
  • Loss of earnings
  • Travel and care expenses
  • Future financial losses

Claims can arise from accidents such as slips, trips, falls, or pothole injuries on council maintained land or roads.

Council Injury Claims - How NJS Law Can Help

If you’ve suffered injuries in an accident that wasn’t your fault, NJS Law can help you pursue the compensation you deserve.

Our experienced personal injury solicitors provide:

  • Clear, honest legal advice
  • Supportive, sympathetic guidance
  • No win, no fee representation
  • Proven experience in council and local authority claims

We make the claims process as straightforward and stress-free as possible, so you can focus on your recovery.

Speak to a Personal Injury Specialist Today

If you would like to discuss a potential claim, contact NJS Law today for a free, no obligation consultation.

  • Available by phone or email
  • No win, no fee
  • On your side from start to finish

*Source: LegalExpert

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Categories
Dental Negligence

Dental Negligence in England: What It Is and How to Claim Compensation

What Are The Different Types Of Dental Negligence
What Are The Different Types Of Dental Negligence

October 2023

Dental care plays a vital role in maintaining overall health and wellbeing. Unfortunately, access to safe and timely dental treatment in England is currently falling well below acceptable standards.

In 2022, the BBC reported that nine out of ten NHS dental practices were not accepting new adult patients, while eight out of ten were unable to take on new child patients. As a result, dentists are under extraordinary pressure, increasing the risk of negligent dental treatment.

Although Labour has pledged an additional 700,000 NHS dental appointments and supervised toothbrushing in schools if elected in 2024/25, the reality is that many patients are already suffering harm.

In this article, we explain the most common types of dental negligence and outline how you may be able to claim compensation if you have been affected.

What Is Dental Negligence?

Dental negligence occurs when a dental professional fails to provide care that meets an acceptable standard, resulting in injury, pain, or avoidable harm to a patient.

Below are some of the most common examples of negligent dental care.

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Common Types of Dental Negligence

Misdiagnosis and Delayed Diagnosis

Dentists have a duty to diagnose and treat oral health conditions accurately and promptly. When they fail to do so, the consequences can be severe.

Misdiagnosis may lead to:

  • Incorrect or unnecessary treatment
  • Failure to treat the underlying condition
  • Worsening symptoms

Delayed diagnosis can allow conditions to progress unchecked. In serious cases, such as undiagnosed oral cancer or advanced gum disease, this can result in permanent damage or even death.

For example, in September 2023, a woman was awarded £9,250 after her dentist failed to diagnose periodontal disease. The condition became so severe that it caused her significant discomfort and mental distress.

Inadequate Treatment Planning

Proper treatment planning is essential for safe and effective dental care. Negligence can occur when a dentist fails to consider:

  • A patient’s medical history
  • Allergies or medications
  • Pre-existing dental conditions

Poor planning can lead to avoidable complications, adverse reactions, and unnecessary procedures.

Surgical Errors

Dental procedures such as tooth extractions, dental implants, and root canal treatments carry inherent risks. However, negligence may arise when mistakes are made, including:

  • Nerve damage during extractions or implant placement
  • Inadequate anaesthesia causing pain during treatment
  • Accidental perforation of the sinus or surrounding structures
  • Infection due to poor sterilisation

Surgical errors can result in prolonged recovery, severe pain, and irreversible injury.

Inadequate Hygiene and Infection Control

Strict hygiene standards are critical in dental practices. Failure to follow proper infection control procedures may result in the transmission of infections between patients.

Examples of negligence include:

  • Poor sterilisation of dental instruments
  • Inadequate hand hygiene
  • Improper disposal of contaminated materials

Lack of Informed Consent

Patients have a legal right to make informed decisions about their treatment. A dentist may be negligent if they fail to:

  • Explain all available treatment options
  • Clearly outline potential risks
  • Discuss realistic outcomes

Without informed consent, patients may undergo procedures without fully understanding the consequences.

Substandard Cosmetic Dentistry and Restorations

Teeth play a crucial role in both appearance and oral function. Negligent cosmetic dental work involving fillings, crowns, veneers, or bridges can result in:

  • Poor bite alignment
  • Loose or ill-fitting restorations
  • Infection
  • Teeth dying or decaying
  • Severe pain and discomfort

Failure to Refer to a Specialist

Some dental conditions require specialist care. Negligence may occur if a dentist fails to refer a patient to an appropriate specialist, such as:

  • Oral surgeons
  • Orthodontist
  • Periodontists (gum disease specialists)

For example, untreated gingivitis can develop into periodontitis, a serious form of gum disease that damages the bone and ligaments supporting the teeth. If left untreated, this can result in tooth loss and wider health complications.

Poor Record Keeping and Communication

Accurate records and clear communication are essential for safe dental care. Negligence can arise when:

  • Patient records are incomplete or inaccurate
  • Important information is not shared with other professionals
  • Treatment plans are poorly documented

These failures can lead to mismanagement and inappropriate treatment.

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How Can I Sue a Dentist in the UK?

If you believe you have received negligent dental treatment, it is important to contact an experienced Dental Negligence Solicitor as soon as possible.

Under the Limitation Act 1980, most dental negligence claims must be brought within three years of the injury or the date you became aware of it.

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

  • The dentist owed you a duty of care
  • They breached that duty
  • The breach caused you harm

Your solicitor will usually instruct an independent dental expert to assess your treatment. Their report will help determine whether negligence occurred and how much compensation may be awarded.

Why Claim Dental Negligence Compensation?

Negligent dental care can cause long-term pain, disfigurement, and emotional suffering. It can also seriously impact confidence and mental health.

Compensation may help cover:

  • Private corrective dental treatment
  • Medical expenses
  • Loss of earnings
  • Rehabilitation and future care

With the ongoing shortage of NHS dentists, compensation may provide vital access to private restorative treatment.

Speak to a Dental Negligence Solicitor Today

You do not have to suffer in silence. Our Dental Negligence Solicitors have decades of combined experience successfully advising and representing clients across the UK.

We are sympathetic, understanding, and committed to supporting you throughout the claims process.

Contact us today to arrange a free, no-obligation consultation by phone or email.

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

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FAQ

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Categories
Occupier Liability

What Should I Do After a Slip and Fall Accident?

October 2023

A slip and fall accident can happen unexpectedly, leaving you with injuries and a sense of confusion about what to do next. Whenever it occurs, it’s essential to take specific steps to protect your health, well-being, and legal rights.

Prioritize Your Health:

The first and most critical step is to ensure your immediate well-being:

  • Seek Medical Attention: Even if your injuries seem minor, it’s vital to consult a healthcare professional. Some injuries, like internal trauma or head injuries, may not exhibit immediate symptoms but can worsen over time.
  • Follow Medical Advice: Adhere to your doctor’s recommendations for treatment, medication, and follow-up appointments. Document all medical records and bills for future reference.
Report the Incident:

If the slip and fall occurred on someone else’s property or in a public place, report the incident:

  • Notify the Property Owner or Manager: Inform the property owner, manager, or supervisor about the accident as soon as possible. Request that they document the incident and provide you with a copy of the incident report.

     

Gather Details:

Take note of the names and contact information of the property owner or manager, as well as any employees who witnessed the incident.

Document the Scene:

To build a strong case, collect evidence related to the accident:

  • Take Photographs: Use your phone or camera to capture images of the accident scene, including any hazards or defects that caused the fall, such as wet floors, broken stairs, or uneven surfaces.
  • Preserve Clothing and Shoes: Keep the clothing and shoes you were wearing at the time of the accident. They may serve as evidence in your case.
Collect Witness Information:

If there were witnesses to the fall or the hazardous conditions, obtain their contact information. Witnesses can provide crucial testimony to support your claim if the matter goes to court.

Consult a Personal Injury Solicitor:

If you believe negligence on the part of the property owner or another party contributed to your slip and fall, consider seeking legal advice.

A personal injury solicitor can help you understand your legal rights and whether you have a valid claim for compensation. They can guide you through the legal process and negotiate on your behalf.

If you’ve suffered injures because of an accident that was not your fault, then Nicholson Jones Sutton Solicitors can help you get the compensation you deserve.

Our team of personal injury specialists will provide effective, clear and honest advice, making what may seem like a complicated process easier to cope with, safe in the knowledge that we’re on your side.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

Ask NJS Law

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

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FAQ

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

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Categories
Medical Negligence

What Are The Steps To Claim For Medical Negligence

October 2023

When you or a loved one has suffered harm as a result of medical negligence, understanding your legal rights is essential. Knowing how the claims process works can also help you feel more confident about taking the next steps. This guide explains how to make a medical negligence claim and what to expect at each stage.

Seek Legal Advice Early

First and foremost, you should seek advice from a solicitor who specialises in medical or clinical negligence. An experienced solicitor will assess the merits of your case, explain your legal rights, and guide you through the claims process from the outset.

Establish the Standard of Care

To succeed with a medical negligence claim, you must show that the healthcare provider breached their duty of care. In other words, the treatment you received must have fallen below an acceptable medical standard. Your solicitor will help identify whether this threshold has been met.

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Gather Supporting Evidence

Next, your legal team will collect evidence to support your claim. This may include medical records, witness statements, expert medical opinions, and other relevant documentation. Strong evidence is crucial to demonstrating negligence and supporting your case.

Prove Causation

In addition to proving a breach of duty, you must also establish causation. This means showing a direct link between the negligent care and the injury or harm you suffered. Your solicitor will work closely with medical experts to demonstrate that the negligence caused or worsened your condition.

Notify the Healthcare Provider

Before formal court proceedings begin, your solicitor will usually send a Letter of Notification to the healthcare provider or organisation involved. This letter sets out the allegations and gives the provider an opportunity to investigate and respond.

Consider Medical Negligence Mediation

In some cases, mediation may offer a quicker and less stressful way to resolve the dispute. Mediation involves an independent third party who helps both sides reach a mutually acceptable settlement without going to court.

Issue Court Proceedings if Necessary

If mediation is unsuccessful or inappropriate, your solicitor will issue court proceedings on your behalf. At this stage, the healthcare provider will formally respond to the claim.

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Obtain Expert Witness Evidence

Medical negligence claims often rely on expert witness testimony. Independent medical professionals provide opinions on whether the standard of care was breached and whether that breach caused the injury. Your solicitor will instruct suitable experts to strengthen your case.

Negotiate a Settlement

Throughout the process, there may be opportunities to negotiate a settlement. Many medical negligence claims are resolved without a trial. If a fair settlement is reached, the case can conclude sooner and with less stress.

Proceed to Trial if Required

If settlement negotiations fail, the claim will proceed to trial. Both sides will present their evidence, and a judge will decide the outcome based on the facts and expert testimony.

Compensation Outcomes

If your claim is successful, you may receive compensation for medical expenses, loss of earnings, rehabilitation costs, future care needs, and other financial losses resulting from the negligence.

How NJS Law Can Help

Our NJS Law Medical Negligence Specialists are compassionate, understanding, and highly experienced in pursuing medical negligence claims. We are committed to helping you achieve the best possible outcome.

If you would like to discuss your situation, please contact us to arrange a free, no-obligation consultation. We are available by phone or email and are here to support you every step of the way.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

Ask NJS Law

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

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FAQ

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

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Categories
Medical Negligence

What Is Medical Negligence?

October 2023

Medical negligence, also known as clinical negligence, occurs when a healthcare professional provides care that falls below an acceptable standard. As a result, the patient suffers harm, injury, or unnecessary complications.

Although most medical treatment is delivered to a high standard, mistakes can and do happen. For this reason, it is important for patients and their families to understand the most common types of medical negligence and how they arise.

This guide explains the main forms of medical negligence and when a compensation claim may be possible.

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Common Types of Medical Negligence

Medical negligence can occur at almost any stage of diagnosis or treatment. Below are some of the most frequent examples.

Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical negligence involves errors in diagnosis.

  • Misdiagnosis occurs when a healthcare professional incorrectly identifies a patient’s condition. As a result, the patient may receive inappropriate treatment or no treatment at all.
  • Delayed diagnosis happens when a condition is not identified promptly. Consequently, the illness may progress, reducing treatment options and worsening the outcome.

Both scenarios can lead to avoidable pain, complications, or death.

Surgical Errors

Surgical negligence can have serious and sometimes life-changing consequences. Common examples include:

  • Wrong-site surgery, where an operation is carried out on the wrong part of the body
  • Retained surgical instruments, meaning tools or foreign objects are left inside the patient
  • Anaesthetic errors, such as incorrect dosage or failure to monitor the patient properly

These errors can result in severe injury, prolonged recovery, or further corrective surgery.

Medication Errors

Medication mistakes are another frequent cause of medical negligence claims.

  • Prescription errors occur when the wrong drug or dosage is prescribed
  • Dispensing errors happen when a pharmacy provides incorrect medication or instructions

In either case, patients may suffer adverse reactions, worsening symptoms, or long-term harm.

Birth Injuries

Medical negligence during pregnancy, labour, or delivery can cause serious injuries to both mother and baby. Examples include:

  • Cerebral palsy
  • Shoulder dystocia
  • Erb’s palsy

These injuries often require lifelong care and support, making early legal advice essential.

Failure to Monitor or Act on Deterioration

Healthcare professionals have a duty to monitor patients and respond to changes in their condition. When warning signs are missed or ignored, patients may suffer avoidable harm.

For example, failing to act on abnormal observations or test results can lead to serious complications.

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Hospital-Acquired Infections

Patients may develop infections while receiving treatment due to poor hygiene or inadequate infection control measures. In some cases, these infections can be life-threatening, particularly for vulnerable patients.

Psychiatric Negligence

Psychiatric negligence involves substandard care within mental health services. This may include misdiagnosis, inappropriate treatment, or failure to properly assess risk, resulting in harm to the patient.

Nursing Home Negligence

Residents in care homes are entitled to safe and dignified care. However, negligence can occur when residents experience:

  • Poor nutrition or hydration
  • Inadequate supervision
  • Pressure sores or untreated injuries

Such failures can lead to serious deterioration in health and wellbeing.

Radiology and Imaging Errors

Errors in interpreting X-rays, MRIs, CT scans, or other imaging can lead to incorrect or delayed diagnoses. As a result, treatment may be postponed or entirely inappropriate.

Failure to Refer to a Specialist

In some cases, a patient’s condition requires specialist input. When a healthcare provider fails to make a timely referral, diagnosis and treatment may be delayed, causing avoidable harm.

What Should You Do If You Suspect Medical Negligence?

If you believe that you or a loved one has been affected by medical negligence, it is important to seek advice from a solicitor experienced in clinical negligence claims.

A specialist solicitor can:

  • Assess whether negligence occurre
  • Gather medical evidenc
  • Advise on your eligibility for compensation
  • Guide you through the legal process

Understanding the different types of medical negligence is often the first step toward protecting your rights and holding healthcare providers accountable.

How NJS Law Can Help

Our Medical Negligence Specialists at NJS Law are sympathetic, understanding, and highly experienced in handling a wide range of clinical negligence claims.

We offer a free, no-obligation consultation and will provide clear, practical advice tailored to your circumstances.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

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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