Categories
Birth Injury

Is Good Maternity Care A Postcode Lottery? Details Of The Birth Trauma Inquiry

Is Good Maternity Care A Postcode Lottery_Details Of The Birth Trauma Inquiry

May 2024

The Parliamentary Inquiry into Birth Trauma, published on 13 May 2024, makes deeply troubling reading. Led by the All-Party Parliamentary Group (APPG) on Birth Trauma, the inquiry received more than 1,300 written submissions from women and families across the UK.

Many of the accounts describe serious birth injuries caused by medical errors beforeduringand after labour, alongside failures by hospitals to provide explanations or accountability. Most distressing were reports of women being treated without dignity or compassion- left unattended, ignored when asking for help, or dismissed when raising concerns about their own health or that of their baby.

Who Led the Birth Trauma Inquiry?

The inquiry was instigated and chaired by Theo Clarke MP, who also led the first Parliamentary debate on birth trauma. Importantly, Ms Clarke’s involvement highlights that poor maternity care and birth injuries affect women from all backgrounds, regardless of socio-economic status.

Key Findings of the Birth Trauma Inquiry on Birth Injuries

A major focus of the inquiry was perineal tearing, clinically known as Obstetric Anal Sphincter Injuries (OASI).

What Is Perineal Tearing?

Perineal tearing occurs during vaginal childbirth when the tissue between the vagina and anus stretches or tears as the baby is delivered. Tears are classified by severity:

  • First degree: Injury to skin only
  • Second degree: Skin and muscle damage
  • Third degree: Tear extends into the anal sphincter muscle
  • Fourth degree: Tear extends into the rectum

The inquiry found that third and fourth degree tears can cause lifelong complications, including bowel incontinence and pelvic organ prolapse.

Professor Mike Keighley, a colorectal surgeon, told the inquiry that many women present decades later with symptoms linked directly to undiagnosed childbirth injuries, stating:

“Incontinence or prolapse had either emerged for the first time or worsened, all due to an injury during childbirth that becomes unmanageable in later life.”

Leading Causes of Severe Perineal Tears

The inquiry identified instrumental (assisted) births as a significant risk factor.

Among the findings:

  • 7.5% of first time mothers having instrumental births experience severe tearing
  • 1.6% of women having non-instrumental vaginal births after a previous delivery experience severe tearing
  • The risk of OASI is 6 times higher with forceps and 3 times higher with Ventouse, when compared to spontaneous vaginal delivery

Other Risk Factors Include:

  • Prolonged second stage of labour
  • Baby positioned back-to-back
  • Baby weighing over 4kg
  • Mother aged over 35
  • South Asian ethnicity
  • Very fast labour
  • Shoulder dystocia
  • Short maternal stature

Can Perineal Tearing Be Caused by Medical Negligence

Yes. The inquiry confirmed that medical negligence can significantly increase the risk of severe perineal tears.

Examples include:

  • Failure to perform an episiotomy when clinically indicated
  • Poor monitoring of baby size or position
  • Failure to identify or manage shoulder dystocia
  • Incorrect or forceful use of forceps or vacuum extraction
  • Poor communication or delayed intervention by medical staff

Missed and Misdiagnosed Perineal Tears

The inquiry revealed that perineal tears are frequently missed or misdiagnosed.

  • Official figures suggest 3.1% of vaginal births result in tearing
  • Evidence cited by the inquiry suggests that the real figure may be closer to 10%

Professor Keighley reported that in 60% of cases involving third or fourth degree tears, the injury was missed at birth.

Misdiagnosis can have devastating consequences. One woman described how:

  • Her fourth degree tear was misdiagnosed as second degree
  • She later developed bowel incontinence
  • Her symptoms were dismissed as psychological
  • Over 21 years, she underwent 18 surgeries, ending in a colostomy.

Where a tear is missed or incorrectly repaired, this may amount to medical negligence, giving rise to a birth injury compensation claim.

Making a Birth Injury or OASI Compensation Claim

If a severe perineal tear is missedmisdiagnosedor caused by negligent maternity care, a woman may be entitled to claim compensation.

Compensation can help cover:

  • Ongoing medical treatment and surgery
  • Physiotherapy and rehabilitation
  • Psychological support
  • Loss of earnings
  • Long-term care needs
  • Pain, suffering, and loss of quality of life

A claim can also provide answersaccountabilityand an apology from the NHS Trust involved.

Get Expert Legal Help for Birth Injury Claims

If you or your baby have suffered a birth injury due to negligent care, you are not alone. What matters now is securing the support and compensation needed to fund recovery and future care.

Our birth injury solicitors have decades of combined experience handling complex medical negligence claims. We are:

  • Compassionate and understanding
  • Clear and honest in our advice
  • Committed to achieving the best possible outcome.

Call us on 01625 667166 today to discuss your claim

Free confidential consultation available

We are here to support you every step of the way

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Categories
Serious Injury

Spinal Cord Injury

Spinal Cord Injury

May 2024

It is estimated that 35 individuals per week, that is one person every 4 hours, suffers from a spinal cord injury (SCI). The leading cause for SCI is trauma, including road traffic accidents, accidents at work and falls. Many of these injuries are preventable and caused wholly or partially by the actions of others. The consequences of a spinal injury will depend on the severity but the results of it can be life changing.

In the following article, we will delve into spinal injury and how to make a claim and what can you claim for:

What is a spinal Injury?

If your spinal cord this is damaged in any way it can result in paralysis and loss of feeling. The severity will depend on your injury. For some people this will result in complete paralysis and for others, a partial inability to move.

Serious spinal injury can also result from damage to the bones within your spine. Even if the spinal cord is not damaged, such injury can have a life-changing impact.

How much will I receive for my injury?

The amount of compensation recovered can vary considerably in each case as no two people are the same. Compensation can include the following:

  • Pain and suffering resulting from your injury
  • Rehabilitation
  • Current and future loss of earnings
  • Care and support both initially and in the future
  • Home adaptations
  • Specialist equipment

Here at Nicholson Jones Sutton Solicitors, our specialist team will be able to advise you and calculate accurately the compensation that you will require.

How we can help

If you or your loved one has suffered from a spinal injury that is someone else’s fault, you may be entitled to claim.

In doing so, you could receive early stage rehabilitation, financial support and ultimately the compensation that you will need to adjust to the impact that your injury has had on your life.

Timely management, rehabilitation and acute care is essential to restoring optimal levels of functioning and minimising long-term disability.

Here at Nicholson Jones Sutton Solicitors, we recognise the importance of this, and we strive to provide such assistance in the earliest stages of your claim.

If the organisation that you are claiming from has admitted responsibility in early course, we will also look to obtain interim compensation payments for you whilst your claim is ongoing. This can ease the financial burden that many people face during such circumstances.

How long do I have to make a claim?

Generally, the time limit for making a claim for spinal injury is three years from the date when you sustained your injury. There are some exceptions to this rule for example in cases involving children or protected parties.

However, the sooner a claim is commenced, rehabilitation and potential financial assistance can be sought. It is also generally easier to obtain evidence in support of your claim (for example if evidence is required from witnesses).

Why choose NJS Law?

Here at NJS Law, our specialist team focus on the individual, we understand that no two people are the same and we provide a personable service that is tailored to each individual client’s needs and objectives.

Ultimately, our aim is to achieve the level of compensation that you need and deserve to ensure the best quality of life both in the short term and in the future.

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.

Hayley Yates

Solicitor

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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Categories
Women’s Health Negligence

Delayed Diagnosis of Breast Cancer and Medical Negligence

Breast Cancer Misdiagnosis

May 2024

A recent article highlighted how a failure to diagnose breast cancer at an early stage allowed the disease to progress significantly before detection. Sadly, diagnostic delays of this nature can leave patients facing life-changing consequences. In many cases, earlier identification could have improved treatment options and outcomes.

This article explores breast cancer in the UK, explains why early diagnosis is vital, and outlines when a delayed diagnosis may amount to medical negligence.

Breast Cancer in the UK

Breast cancer remains the most common cancer diagnosed in the UK. On average, clinicians diagnose around 150 new cases every day. While the condition affects women of all ages, statistics show that approximately 18% of diagnoses occur in women under 50, with the remaining 82% affecting women aged 50 and over.

Because breast cancer is so prevalent, early detection plays a crucial role in improving survival rates and reducing the need for aggressive treatment.

What Is Breast Cancer?

Breast cancer develops when abnormal cells in the breast divide uncontrollably. If left untreated, these cells can spread to other parts of the body through the lymphatic system or bloodstream. This spread is known as secondary or metastatic breast cancer and is more difficult to treat.

Common Symptoms of Breast Cancer

Symptoms can vary between individuals. However, the NHS identifies several key warning signs, including:

  • A lump or swelling in the breast, chest, or armpit
  • Changes to the skin of the breast, such as redness or dimpling
  • A change in the size or shape of one or both breasts
  • Nipple discharge or changes to the nipple’s appearance
  • Persistent pain in the breast or armpit

Although these symptoms do not always indicate cancer, they should always be investigated promptly.

Why Early Diagnosis Matters

Early diagnosis significantly improves outcomes for breast cancer patients. When detected early, cancer is less likely to have spread, and treatment is often more effective and less invasive.

Given that a large proportion of breast cancer diagnoses occur in women over 50, the NHS Breast Screening Programme plays a vital role. The programme routinely invites women aged 50 and over for mammogram screening. In addition, NHS England encourages all women to remain breast aware by following the TLC method:

  • Touch – feel for anything new or unusual
  • Look – notice any visible changes
  • Check – contact your GP if you identify concerns

By acting quickly, women can reduce the risk of delayed diagnosis and advanced disease.

Breast Cancer Treatment Options

Treatment varies depending on the type of breast cancer and the stage at diagnosis. Clinicians tailor treatment plans to each patient’s needs. Options may include:

  • Mastectomy (removal of the breast)
  • Breast-conserving surgery, such as lump removal
  • Chemotherapy
  • Radiotherapy
  • Medication, including hormone therapy

Importantly, earlier diagnosis often allows for less aggressive treatment and better long-term outcomes.

When a Delayed Diagnosis May Be Medical Negligence

In some circumstances, a delayed diagnosis of breast cancer may amount to medical negligence. This can occur where healthcare professionals fail to investigate symptoms, delay referrals, misinterpret test results, or do not follow appropriate screening or diagnostic guidelines.

If you believe negligence caused or contributed to a delayed diagnosis, it is important to seek legal advice as soon as possible. A specialist medical negligence solicitor can assess your care, gather evidence, and advise whether you may be entitled to compensation.

Legal Support for Breast Cancer Negligence Claims

Living with breast cancer, particularly at an advanced stage, can affect every aspect of life. It may impact your health, employment, finances, and family relationships. Pursuing a negligence claim can help secure compensation to support treatment, rehabilitation, and financial stability.

Our team has decades of combined experience advising and representing clients in gynaecological and breast cancer negligence claims. We approach every case with sensitivity, professionalism, and determination.

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 help.

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Categories
Housing Disrepair

Injury For Housing Disrepair

injury for housing disrepair

May 2024

Personal injuries caused by housing disrepair have become a silent epidemic across the UK. Every year, individuals and families suffer avoidable injuries because landlords fail to maintain safe living conditions. As a result, vulnerable tenants experience declining health, physical harm, and a reduced quality of life.

Although housing disrepair often goes unnoticed, its consequences can be severe. From accidents in the home to long-term medical conditions, the impact extends far beyond inconvenience.

The Scale of the Housing Disrepair Problem

Housing disrepair covers a wide range of issues, including damp and mould, faulty electrics, structural defects, broken fixtures, and inadequate heating systems. While these problems affect the condition of the property, they also create serious health and safety risks for tenants.

For example, loose flooring, leaking ceilings, or damaged staircases can cause slips, trips, and falls. Similarly, faulty wiring may result in electric shocks or fires. Over time, these hazards significantly increase the risk of personal injury, particularly for children, older people, and those with existing health conditions.

As housing standards decline, personal injury claims linked to disrepair continue to rise.

How Housing Disrepair Impacts Health and Wellbeing

Living in substandard housing can have both immediate and long-term effects on physical and mental health. Damp and mould are especially harmful, as they can trigger or worsen respiratory conditions such as asthma, bronchitis, and allergies. These risks are heightened for children and elderly tenants.

In addition, faulty gas appliances or broken heating systems increase the likelihood of carbon monoxide poisoning and hypothermia during colder months. At the same time, persistent disrepair often causes stress, anxiety, and sleep disruption, further undermining a tenant’s wellbeing.

Therefore, housing disrepair is not merely a property issue, it is a serious public health concern.

Landlords’ Legal Responsibilities

Tenants are not expected to live in unsafe or unhealthy conditions. Under housing law, landlords have a legal duty to keep their properties in a safe state of repair. This includes addressing hazards that could cause injury or illness.

Importantly, the Homes (Fitness for Human Habitation) Act 2018 strengthened tenants’ rights. Under this legislation, tenants can take direct legal action against landlords who fail to remedy serious disrepair that makes a property unfit to live in.

As a result, landlords who ignore repair requests may be held legally and financially accountable for injuries caused by their failure to act.

What to Do If Housing Disrepair Has Caused an Injury

If you are living in a property with disrepair that has caused injury or affected your health, taking prompt action is essential.

1. Document the Disrepair

First, gather evidence. Take clear photographs or videos of the disrepair, note when the issues started, and keep records of any injuries or medical treatment. In addition, retain copies of all correspondence with your landlord.

2. Notify Your Landlord

Next, report the problems to your landlord in writing. Clearly explain the nature of the disrepair, the risks involved, and the impact it is having on your health or safety. This step is crucial, as landlords must be given a reasonable opportunity to carry out repairs.

3. Seek Legal Advice

If your landlord fails to act within a reasonable timeframe, you should seek advice from a solicitor specialising in housing disrepair and personal injury claims. A solicitor can assess the strength of your case and advise you on claiming compensation and forcing repairs.

Taking the Next Step

Personal injuries caused by housing disrepair are often preventable. However, without proper action, tenants are left to suffer the consequences of unsafe living conditions. Legal advice can help protect your rights, improve your living environment, and secure compensation where appropriate.

If you believe your landlord’s failure to carry out repairs has caused you injury or ill health, speaking to a housing disrepair solicitor could be the first step towards resolving the problem.

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Hayley Yates

Solicitor

Hayley qualified as a Solicitor in 2004. For many years, she has dealt with serious injury litigation cases and has a wealth of experience in representing both Nationwide clients and clients in Western Australia who have suffered from injuries of the upmost severity.

Outside of work, Hayley enjoys spending time with her family, walking her dogs and cold water swimming!