Author: mcpicadofelipe

Ovarian Cancer Misdiagnosis and Delayed Diagnosis Claims

Post author By mcpicadofelipe
Post date 2 October 2024

mcpicadofelipe

October 2, 2024

A recent case has highlighted how a failure to identify an ovarian tumour during a routine scan allowed the disease to progress to a terminal stage. Sadly, this type of medical negligence can leave patients facing life-limiting illness, reduced treatment options, and devastating long-term consequences.

Early recognition of ovarian cancer is critical. When healthcare professionals miss or misinterpret warning signs, patients may lose the opportunity for effective treatment.

What Is Ovarian Cancer?

Ovarian cancer develops when cells in or around the ovaries undergo genetic mutations. These mutations cause the cells to grow and divide uncontrollably, forming a malignant tumour. Over time, untreated cancer can spread to other parts of the body, significantly reducing survival rates.

Types of Ovarian Cancer

Several different forms of ovarian cancer exist, each with distinct characteristics and treatment approaches.

Epithelial Ovarian Cancer

This is the most common type and begins in the cells covering the ovaries.

Germ Cell Tumours

These rare tumours usually affect girls and younger women, often under the age of 30.

Sex Cord Stromal Tumours

These tumours develop in the tissues that support the ovaries and produce hormones. They can be either benign or malignant.

Borderline Ovarian Tumours

Borderline tumours involve abnormal cells on the surface of the ovary. While often non-cancerous, they usually require surgical treatment.

Ovarian Cancer in the UK

Ovarian cancer is the sixth most common cancer affecting women in the UK. Each year, approximately 7,500 women receive a diagnosis, equating to around 21 new cases every day.

The condition primarily affects women over the age of 50. However, it can occur at any age and, in some cases, runs in families due to inherited genetic factors.

Symptoms of Ovarian Cancer

Symptoms of ovarian cancer can be subtle and non-specific, which often leads to delayed diagnosis. Nevertheless, persistent symptoms should never be ignored.

Common symptoms include:

Frequent bloating or a swollen abdomen (around 12 or more times per month)
Persistent pain or tenderness in the abdomen or pelvis
Loss of appetite or feeling full quickly
Urinary urgency or needing to urinate more often

Other symptoms may include:

Indigestion, constipation, or diarrhoea
Lower back pain
Extreme fatigue
Unexplained weight loss
Vaginal bleeding after the menopause

Because many of these symptoms overlap with less serious conditions, clinicians must investigate them thoroughly when they persist or worsen.

The Importance of Early Diagnosis

Early diagnosis of ovarian cancer significantly improves treatment outcomes and survival rates. It also reduces the likelihood of the cancer spreading to other organs.

However, only around 20% of ovarian cancers are detected at stage 1. This low figure reflects the absence of a reliable screening programme and the vague nature of early symptoms.

Blood tests measuring CA125 levels can help identify potential ovarian cancer. However, raised CA125 levels are not always cancer-related and can occur in conditions such as endometriosis or fibroids. Crucially, abnormal results must be properly followed up to avoid missed diagnoses.

Treatment for Ovarian Cancer

Treatment depends on several factors, including the cancer type, size, spread, and the patient’s overall health.

Common treatments include:

Surgery to remove the ovaries, fallopian tubes, and sometimes the womb
Chemotherapy
Targeted drug therapies
Hormone treatments

Patients usually receive ongoing monitoring during and after treatment, including follow-up appointments, scans, and blood tests to manage side effects and detect recurrence.

Conclusion: Awareness and Accountability

All women should remain aware of the symptoms of ovarian cancer, regardless of age. Prompt investigation of symptoms plays a vital role in achieving early diagnosis, enabling more effective treatment and improving survival chances.

When healthcare professionals fail to recognise symptoms or misinterpret test results, the consequences can be life-changing.

Ovarian Cancer Misdiagnosis and Medical Negligence Claims

If you believe medical negligence contributed to a delayed or missed diagnosis of ovarian cancer, it is important to seek legal advice as soon as possible. Advanced ovarian cancer can significantly affect your quality of life, ability to work, and long-term wellbeing.

Specialist medical negligence solicitors can:

Assess whether your care fell below acceptable standards
Gather medical records and expert evidence
Establish whether earlier diagnosis would have improved outcomes
Pursue compensation for physical, emotional, and financial losses

Get Expert Legal Support

If you believe you have been affected by medical negligence, contact NJS Law for a free, no-obligation consultation. Our experienced medical negligence team is committed to supporting you through this challenging time and helping you pursue the compensation you deserve.

We are available by email or phone and are here to help every step of the way.

CONTACT US

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

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

FAQ

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Tags clinical negligence, Medical Negligence

Motorbike Accident Road Traffic Accident

A ‘Hole’ Lot of Problems: Britain’s Pothole Crisis and the Risks to Road Users

Post author By mcpicadofelipe
Post date 2 October 2024

mcpicadofelipe

October 2, 2024

Potholes on public roads are an everyday frustration for motorists, cyclists, and motorcyclists across the UK. For many people, encountering them is a daily occurrence. However, Britain’s pothole problem extends far beyond inconvenience and now represents a serious road safety issue.

Cycling UK has warned that “Britain’s pothole crisis costs lives.” Since 2017, nearly one person per week, 255 people in total, has been killed or seriously injured while cycling due to potholes and road defects. Alongside Britain’s inclement weather and sustained cuts to local authority budgets, this has contributed to the UK’s road quality ranking 37th globally, between Slovenia and Lithuania.

Further evidence of the scale of the issue comes from the Federation of Small Businesses, which reported that councils received over 700,000 pothole complaints in 2019 alone. These figures demonstrate the widespread nature of the problem and the growing risks facing all road users.

This article explores the dangers posed by potholes, the reasons the UK faces such a severe problem, whether local authorities are doing enough to address it, and what steps to take if you have been injured in a pothole-related accident.

The Real Dangers of Potholes for Cyclists and Road Users

Cyclists and motorcyclists are particularly vulnerable to potholes and road defects, but motorists and pedestrians are also at risk.

Cyclists Face a Disproportionate Risk

Unlike motorists, cyclists have little physical protection when encountering road defects. A deep or poorly repaired pothole can cause a rider to lose control instantly, often resulting in severe injury or death.

In January 2023, 84-year-old Harry Colledge was fatally injured after his bicycle struck a large crack in the road in Winmarleigh, Lancashire. His front wheel became trapped in an 87-metre-long crack, which had been visible on Google Street View for 14 years and was known to the local county council.

As a result of the impact, Mr Colledge suffered fatal head injuries and died later the same day. The coroner concluded that he would not have died had the defect been repaired in a timely manner. His widow later said:

Recent Serious Cycling Accidents Caused by Potholes

More recently, former triathlete Paul Hughes sustained multiple serious injuries, including a broken collarbone, fractured ribs, and a broken pelvis, after hitting a deep pothole on Sugar Loaf Lane in Stourbridge. The force of the impact launched him from his bike.

Following the incident, Mr Hughes began pursuing a claim against Staffordshire County Council, the authority responsible for maintaining the road. Reflecting on what happened, he stated:

What Damage and Injuries Do Potholes Cause?

Potholes can cause significant damage to vehicles and serious injuries to road users.

Vehicle Damage Caused by Potholes

Most motorists are familiar with the sudden jolt and loud “thunk” as a tyre drops into a pothole. Common forms of vehicle damage include:

Suspension and steering alignment damage
Cracked alloy wheels and tyre blowouts
Exhaust and undercarriage damage
Engine and drivetrain faults

You can learn more about recovering repair costs on our Road Traffic Accident Claims page

Vehicle Damage Caused by Potholes

For cyclists and motorcyclists, striking a pothole at speed can result in catastrophic consequences. Head injuries, spinal trauma, and fatalities are sadly not uncommon, and such incidents often lead to personal injury claims against local authorities.

Why Does the UK Have a Pothole Problem?

Britain’s pothole crisis is the result of environmental, structural, and financial pressures.

Freeze-Thaw Weather Cycles

Water seeps beneath the road surface and freezes during colder weather, expanding and forcing the asphalt to crack. When the ice melts, gaps remain, allowing further water ingress and accelerating deterioration.

Heavy Traffic, Road Salt, and Budget Cuts

The problem is worsened by:

Heavy traffic, particularly HGVs
Corrosive road salt used during winter
Ageing road infrastructure
Long-term reductions in council maintenance budgets

Are Local Authorities Doing Enough to Fix Potholes?

Council Responses to Pothole Injury Claims

Kent County Council, responding to a serious cycling accident involving Darren Crooks, who suffered life-changing injuries, stated:

Despite these assurances, Kent recorded 15 deaths or serious injuries caused by potholes between 2018 and 2022, the highest in the UK.

Reporting Potholes to Your Local Council

Although many councils encourage the public to report potholes using online tools, reports do not always lead to prompt or permanent repairs.

Innovation in Pothole Repairs and Road Maintenance

Some councils are trialling innovative materials and repair techniques.

New Repair Technologies and Materials

Innovations include:

Rubberised asphalt
Circular pothole cutting methods that reduce water ingress
Remotely controlled repair machinery

Oxfordshire and Kent councils have trialled graphene-enhanced asphalt (Gipave). Although it costs 15–20% more than standard asphalt, it has up to twice the lifespan.

What to Do If You Are Injured in a Pothole-Related Accident

If you have been injured due to a pothole or road defect, you may be entitled to make a personal injury claim.

Time Limits for Pothole Injury Claims

In most cases, a three-year time limit applies. Evidence such as photographs, medical records, witness statements, and council repair logs can be crucial.

See our Personal Injury Claims page for more information

No Win, No Fee Pothole Claims

Most pothole injury claims are handled on a No Win, No Fee basis, meaning there is no upfront cost and no financial risk if your claim is unsuccessful.

Final Words on Britain’s Pothole Crisis

Without sustained investment in long-term solutions, Britain’s pothole problem is likely to persist, continuing to place motorists, cyclists, motorcyclists, and pedestrians at risk.

If you have been injured due to a pothole, speaking to an experienced solicitor as soon as possible can help you secure the compensation you deserve.

Our NJS Law Personal Injury Specialists offer a free, no-obligation consultation and have extensive experience handling pothole and road defect claims.

Contact us today to discuss your case and find out how we can help.

CONTACT US

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

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FAQ

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Tags Personal Injury. Road traffic Accident

Occupier Liability

Can a Restaurant Be Liable for a Customer’s Injury?

Post author By mcpicadofelipe
Post date 25 July 2024

mcpicadofelipe

July 25, 2024

Like any other business, restaurants have a legal duty to ensure the safety and well-being of their customers. This duty of care means that a restaurant can indeed be held liable if a customer is injured on its premises due to negligence. Here’s a closer look at the circumstances under which a restaurant might be liable for a customer’s injury.

Legal Duty of Care

Restaurants must adhere to health and safety regulations, ensuring that their premises are safe for customers. This includes:

Maintaining Clean and Safe Premises: Floors should be free from hazards such as spills or uneven surfaces that could cause slips, trips, or falls.
Safe Equipment: All equipment and fixtures, including chairs, tables, and kitchen appliances, must be in good working order and not pose any risk to customers.

Common Causes of Injuries

Slips, Trips, and Falls: These are the most common types of accidents in restaurants. Wet floors, poorly maintained walkways, or obstacles in dining areas can lead to serious injuries.
Burns and Scalds: Hot food and beverages must be served with caution to prevent burns or scalds. Employees must be trained to handle hot items safely.

Establishing Liability

For a restaurant to be considered responsible, the injured customer must prove:

Duty of Care: The restaurant owed a duty of care to the customer.
Breach of Duty: The restaurant breached this duty by acting negligently.
Causation: The breach directly caused the customer’s injury.
Damages: The customer suffered actual harm or loss as a result.

Steps to Take if Injured

If you’re injured in a restaurant, follow these steps to protect your rights:

Seek Medical Attention: Prioritise your health and get medical help immediately.
Report the Incident: Notify the restaurant management and ensure the incident is documented.
Gather Evidence: Take photographs of the scene, obtain contact details of witnesses, and keep copies of medical reports.
Consult a Solicitor: A legal expert can advise you on the viability of your claim and help you navigate the legal process.

At NJS Law, our Personal Injury experts will guide you through every step of the process and will help get you the outcome you deserve whilst operating on a NO WIN NO FEE basis.

We have a reputation for providing the highest levels of customer service to our clients, whilst being as tough as is required to pursue those responsible for what has happened to you.

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.

Contact us today to discuss your claim.

CONTACT US

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

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

FAQ

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

Tags occupier liability, Personal Injury

Birth Injury

Heartbreaking Reality: The Ongoing Crisis of Birth Injuries

Post author By mcpicadofelipe
Post date 18 July 2024

mcpicadofelipe

July 18, 2024

Stark Statistics

Every day, 13 babies die before, during, or shortly after birth in this country, according to the 2009 “Saving Babies’ Lives” report. This tragic figure has not improved much today, with half of all stillbirths occurring without any apparent reason, often in low-risk pregnancies.

Parents’ Concerns

Many grieving parents believe not enough was done to save their babies’ lives. They often lack confidence in the care received leading up to their child’s death, feeling that opportunities to prevent the tragedy were missed.

Midwife Shortage

A critical shortage of midwives means many women in labour do not get the individualised care they need. This leads to hurried observations and potential misinterpretations, causing failures to notice labour complications requiring urgent delivery and obstetrician intervention.

Delay in Emergency Response

Obstetricians sometimes fail to attend promptly in emergencies, causing delays that can result in severe injuries or even death for both baby and mother. This delay is often a decisive factor in tragic outcomes.

Types of Birth Injuries

Cerebral Palsy: Oxygen deprivation during delivery can cause varying degrees of brain damage, leading to lifelong disability and high care costs.
Erb’s Palsy: Incorrect delivery techniques can damage the brachial plexus nerves, causing paralysis or weakness in the baby’s arm.
Hypoglycaemia: Failure to treat this condition shortly after birth can result in severe cognitive deficits and epilepsy.

Proving Negligence

To succeed in a compensation claim for birth injuries, it must be shown that negligence occurred during or before the birth. This can include delays in delivery, improper use of forceps, failure to monitor foetal distress, and delayed or incorrect responses to complications.

Postnatal Care Failures

Negligence can extend to postnatal care, such as failing to recognise red flag symptoms, improperly suturing perineal tears, or not diagnosing and treating postpartum haemorrhages correctly. Psychological injuries, such as postnatal depression or puerperal psychosis, also require diligent attention and care.

Legal Recourse

If a baby or mother suffers injury or death due to negligence, it’s crucial to act within the legal timeframes to pursue a claim.

For mothers, this is typically within three years from the date of negligence or the date they became aware of it.

For children, the limitation period starts when they reach adulthood unless they lack mental capacity due to severe brain injury.

Get Expert Help

If you or your baby has suffered due to potential negligence during childbirth, contact NJS Law for a free consultation. We are committed to helping you navigate this challenging time and seek the compensation 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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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

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FAQ

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Tags clinical negligence, Medical Negligence

Housing Disrepair

Housing Disrepair and Older Tenants: A Hidden Crisis in Social Housing

Post author By mcpicadofelipe
Post date 1 July 2024

Tags council house disrepair, damp and mould disrepair claims, heath deterioration for disrepair, housing association disrepair, Housing Disrepair, housing disrepair claims, social housing disrepair

Road Traffic Accident

What Evidence Do You Need for a Successful Car Accident Injury Claim?

Post author By mcpicadofelipe
Post date 26 June 2024

mcpicadofelipe

June 26, 2024

Being involved in a car accident can be a traumatic experience. In many cases, it results in physical injuries, emotional distress, and unexpected financial pressures. In the immediate aftermath, understanding what steps to take, and what evidence to collect, can play a crucial role in the success of a car accident injury claim.

If the accident was caused by someone else’s negligence, you may be entitled to compensation for your injuries and losses. However, building a strong claim requires clear, well-organised evidence that supports your version of events and demonstrates how the accident has affected your life.

In this guide, we explain the key types of evidence required for a successful road traffic accident claim and how each can strengthen your case.

Why Evidence Is Crucial in Car Accident Injury Claims

At the core of every personal injury claim is evidence. Without it, insurers and defendants may dispute liability or attempt to reduce the compensation offered.

Specifically, evidence helps to establish:

How the accident occurred
Who was responsible
The nature and extent of your injuries
The financial consequences of the accident

As a result, gathering the right documentation from the outset can significantly improve your chances of a successful outcome.

Key Types of Evidence for a Car Accident Injury Claim

Documentation of the Accident Scene

Immediately after the accident, and provided you are physically able, it is advisable to gather as much evidence as possible from the scene. For example, this may include:

Photographs of all vehicles involved
Images showing the extent of the damage
Photos of any visible injuries
Pictures of road markings, signage, or skid marks

In addition, you should note the date, time, and exact location of the collision, along with any adverse weather conditions or road hazards. Taken together, this information can be critical when establishing liability.

Further guidance is available on our Road Traffic Accident Claims page.

Witness Statements

In many cases, independent witness evidence can significantly strengthen a car accident compensation claim. If anyone witnessed the collision, try to obtain their contact details as soon as possible.

Importantly, witness statements can:

Support your account of events
Clarify how the accident happened
Help demonstrate negligence

At a later stage, your solicitor can arrange for formal statements to be taken where necessary.

Medical Records and Injury Documentation

Equally important, you should seek medical attention promptly following a car accident, even if your injuries initially appear minor. Over time, symptoms can worsen, and early medical records often play a key role in injury claims.

You should retain documentation relating to:

GP and hospital appointments
Diagnostic tests and scans
Prescribed medication
Physiotherapy or rehabilitation treatment

Crucially, medical records provide objective evidence linking your injuries directly to the accident.

Further information can be found on our Personal Injury Claims page

Expert Reports and Professional Opinions

In certain circumstances, expert evidence may be required to support your claim. For instance, accident reconstruction experts can explain how the collision occurred, while independent medical experts can assess the severity and long-term impact of your injuries.

Where liability is disputed or injuries are complex, expert reports can be particularly persuasive. Your solicitor will coordinate any necessary expert involvement on your behalf.

Financial Records and Evidence of Losses

Beyond physical injuries, you may also be entitled to claim compensation for financial losses resulting from the accident. To do so, these losses must be clearly evidenced.

You should therefore keep records of:

Medical and prescription costs
Travel expenses related to treatment
Loss of earnings or reduced income
Other accident-related expenses

By retaining receipts, invoices, and wage slips, you can demonstrate the true financial impact of the accident.

Correspondence and Communication Records

Throughout the claims process, it is important to maintain a clear record of all communications. Accordingly, you should keep copies of:

Emails and letters from insurers
Notes of telephone conversations
Correspondence with medical providers

Collectively, these records can help demonstrate your efforts to resolve the claim fairly and efficiently.

Police Reports and Accident Reports

Finally, if the police attended the scene, a formal accident report may have been prepared. This document often contains valuable details, such as:

Information about the parties involved
Witness contact details
Observations regarding fault or road conditions
Any citations or charges issued

In addition, you should report the accident to your insurer and request a copy of any report they produce.

Building a Strong Car Accident Compensation Claim

Ultimately, the strength of a car accident injury claim depends on the quality of the evidence gathered. By taking the right steps early, you can significantly improve your prospects of securing fair compensation.

How NJS Law Can Help With Your Car Accident Injury Claim

If you have been injured in a car accident that was not your fault, NJS Law can help you pursue the compensation you deserve.

Not only do we offer the highest levels of client care, but we are also firm and determined when holding negligent parties to account.

Our NJS Law Personal Injury Specialists are experienced, understanding, and committed to achieving the best possible outcome. Moreover, we offer a free, no-obligation consultation to assess your claim.

Contact us today to discuss your car accident injury claim and find out how we can help.

CONTACT US

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

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FAQ

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Tags Personal Injury, road traffic accident

Women’s Health Negligence

Bowel Cancer Misdiagnosis and Delayed Diagnosis in the UK

Post author By mcpicadofelipe
Post date 19 June 2024
No Comments on Bowel Cancer Misdiagnosis and Delayed Diagnosis in the UK

mcpicadofelipe

June 19, 2024

Bowel cancer is one of the most common cancers in the UK. Despite this, healthcare professionals still frequently misdiagnose the condition or diagnose it too late. As a result, many patients miss the opportunity for early, less invasive treatment.

Importantly, early diagnosis of bowel cancer significantly improves survival rates. However, research shows that the UK continues to lag behind other comparable countries when it comes to early detection.

Recent studies found that only 14.4% of bowel cancer cases in the UK are diagnosed at stage 1, compared with 20.8% in Australia and 22.3% in Canada. This stark difference highlights the serious consequences of delayed diagnosis in the UK healthcare system.

Common Symptoms of Bowel Cancer

Bowel cancer symptoms often resemble those of less serious conditions. As a result, doctors may dismiss or misattribute them, causing delays in referral and testing.

Common symptoms include:

Rectal bleeding
Blood in the stool
An unexplained change in bowel habits
Persistent abdominal pain
Unexplained weight loss
Ongoing fatigue or extreme tiredness
A noticeable lump in the abdomen
A feeling that the bowel has not fully emptied after using the toilet

Crucially, these symptoms also occur in conditions such as irritable bowel syndrome (IBS), haemorrhoids, anal fissures, ulcerative colitis, diverticulitis, and bowel polyps. For this reason, clinicians must investigate persistent or worsening symptoms thoroughly rather than relying on assumptions.

Why Delayed Diagnosis Causes Harm

When doctors diagnose bowel cancer late, patients often require more aggressive treatment than would have been necessary at an earlier stage. This may include extensive surgery, chemotherapy, or radiotherapy.

Moreover, delayed diagnosis can significantly affect a patient’s physical health, mental wellbeing, and quality of life. In some cases, it may also reduce life expectancy.

How Bowel Cancer Is Diagnosed

The diagnostic process usually begins with a visit to a GP. Patients should clearly explain their symptoms, especially if they persist or worsen.

Where appropriate, a GP should refer the patient to a specialist for further investigation. Diagnostic tests may include:

Stool tests to detect hidden blood
Colonoscopy to examine the bowel
CT or MRI scans to assess disease spread

Prompt referral and timely testing play a critical role in improving outcomes.

Conclusion: The Importance of Early Detection

Earlier diagnosis and treatment of bowel cancer can significantly reduce its physical and psychological impact. In addition, timely intervention may prevent the need for more extensive surgery or aggressive therapies.

Unfortunately, when healthcare professionals fail to act on symptoms or delay referrals, patients may suffer avoidable harm.

Medical Negligence and Bowel Cancer Claims

If you have experienced a delayed or missed diagnosis of bowel cancer, it is essential to seek legal advice as soon as possible. Medical negligence claims can be complex, but an experienced solicitor can guide you through the process.

A specialist medical negligence solicitor can:

Assess whether your care fell below acceptable standards
Gather medical records and expert evidence
Establish whether the delay caused avoidable harm
Pursue compensation for pain, suffering, and financial loss

Legal professionals also work closely with medical experts to strengthen claims and navigate the complexities of the healthcare system.

Our team has decades of combined experience advising and representing clients in medical negligence cases, including delayed cancer diagnosis claims.

If you would like to discuss your situation, please get in touch to arrange a free, no-obligation consultation. We are available by email or phone.

CONTACT US

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

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

FAQ

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Tags clinical negligence, women's health negligence

Accident at Work

What You Need to Know About Accident at Work Claims

Post author By mcpicadofelipe
Post date 13 June 2024

mcpicadofelipe

June 13, 2024

Accidents at work can cause serious physical injuries, emotional distress, and significant financial difficulties. If you have been injured due to your employer’s negligence, you may be eligible to make an Accident at Work Claim. This guide explains everything you need to know about your rights, the legal process, and how to pursue the compensation you deserve.

Understanding Accident at Work Claims

What Is Considered an Accident at Work?

An accident at work is any unexpected incident that causes injury or harm while you are carrying out your job duties. Common examples include:

Slips, trips and falls
Machinery accidents
Manual handling and lifting injuries
Falling objects
Exposure to hazardous substances
Injuries caused by insufficient training or equipment

Your Employer's Duty of Care

Under the Health and Safety at Work etc. Act 1974, employers in the UK must:

Provide a safe working environment
Conduct regular risk assessments
Supply appropriate training and safety equipment
Implement proper health and safety procedures

If your employer fails to meet these standards, they may be held legally responsible for your injuries.

Time Limits for Making an Accident at Work Claim

In most cases, you must start your claim within three years from the date of the accident. Acting promptly ensures you meet the legal deadline and helps preserve vital evidence.

Proving Employer Negligence

To make a successful claim, you must show that your accident resulted from your employer’s negligence or breach of duty. This may include:

Failing to follow health and safety regulations
Not repairing hazardous equipment
Poor training or supervision
Inadequate protective equipment

The Accident at Work Claims Process

1. Seek Medical Attention

Your health is the top priority. Get medical treatment immediately and ensure your injuries are documented in your medical records. These records will serve as key evidence for your claim.

2. Report the Accident

Notify your employer as soon as possible. Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), employers must properly record and report workplace accidents

3. Gather Supporting Evidence

Collect relevant evidence, such as:

Photographs of the accident scene
Witness statements
Accident reports
Medical documentation
Any correspondence with your employer

4. Consult an Experienced Solicitor

A specialist personal injury solicitor can:

Assess the strength of your claim
Explain your legal rights
Gather evidence
Handle communication with your employer or insurer
Guide you through the entire claims process

5. Negotiation and Settlement

Your solicitor will negotiate on your behalf to secure a fair settlement. Most claims settle out of court, but if the insurer disputes liability or the offer is too low, your solicitor may recommend further action.

Court Proceedings (If Necessary)

If court proceedings are required, a judge will review the evidence and decide the appropriate outcome. Your solicitor will represent you throughout the process.

What Compensation Can You Claim?

Compensation in Accident at Work Claims can cover a range of losses, including:

Pain and suffering
Loss of earnings (including future earnings)
Medical and rehabilitation costs
Travel expenses
Future care needs
Damage to personal property

Your solicitor will calculate the full value of your claim to ensure you receive the maximum compensation available.

Why Choose Us for Your Accident at Work Claim?

We specialise in handling workplace accident compensation claims and have decades of combined experience representing clients in complex employer liability, public liability, and occupiers’ liability cases.

What We Offer

Expert legal advice from a friendly, understanding team
Proven success in securing maximum compensation
Support throughout the entire claims process
Assistance in recovering financial losses such as lost earnings

We are committed to helping you achieve the best possible outcome and guiding you every step of the way.

Contact Us Today

If you have been injured at work due to your employer’s negligence, you may be entitled to compensation.

Contact us today to discuss your Accident at Work claim and let our experienced team help you get the justice and financial support you deserve.

CONTACT US

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

Ask NJS

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

FAQ

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

Tags Accident At Work, Personal Injury

Birth Injury

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

Post author By mcpicadofelipe
Post date 23 May 2024

mcpicadofelipe

May 23, 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 before, during, and 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 missed, misdiagnosed, or 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 answers, accountability, and 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

Ask NJS Law

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

FAQ

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

Tags Birth Injury, clinical negligence, Medical Negligence

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