77 year old woman wins repeat prescription negligence case

A 77 year old woman has been compensated by four GP Defendants following a repeat prescription course of Nurofen Meltlets 200mg, without considering her history of peptic ulcer disease which resulted in a gastrointestinal injury.

In March 2013, the claimant went to see her GP following a fall. She was prescribed Ibuprofen 200mg. A few days later she returned to her GP and was prescribed Naproxen 500mg.

Just under two weeks later she returned and was again prescribed Naproxen 500mg and referred for physiotherapy which later concluded in August 2013.

In May 2014, the Claimant attended to the GP and was prescribed Ibuprofen 200mg. In September 2014, the Claimant was prescribed a repeat prescription course of Nurofen Meltlets 200mg.

Between October 2014 and October 2016, she was issued with subsequent prescriptions on 25 occasions.

On October 22, 2016, the Claimant called 111 as she was experiencing pain in her upper back and abdomen. She had also been vomiting for a week.

An ambulance crew went to her home but it was decided that her symptoms were stress related and she was not taken to hospital.

The following day, the pain increased and had now moved to her lower abdomen so, once again, she called 111. This time, she was taken via ambulance to the Royal Preston Hospital. She underwent tests and a liver function test revealed abnormalities.

The impression was Nonsteroidal Anti-Inflammatory Drug (NSAID) induced peptic ulcer disease and an upper gastrointestinal bleed, melaena, and gastritis.

On 25th October 2016, she underwent a gastroscopy, which diagnosed a hiatus hernia, oesophagitis / reflux and gastritis. She was discharged two days later.

During this period, the Claimant was scheduled to undergo a total hip replacement, which was then delayed.

The woman contacted Fletchers Solicitors who handled her case against Dr Peter Flowers, Dr Pravin Gorajala, Dr Alison P Greening, Dr Tracy Hiles from St Fillan’s Medical Centre. She was awarded £7,500.

Stephanie Davies, Litigation Executive in the Medical Negligence department at Fletchers Solicitors, said:

“I hope the compensation that our client has received will go towards helping her move forward from this ordeal. She suffered with considerable symptoms that could easily have been avoided.”

The client said:

“Fletchers gave a wonderful service, all the staff are very friendly. In particular, Stephanie has been wonderful and the case was completed very quickly.”

A solicitor’s view about requesting patients’ medical records free of charge

A recent article in the Law Gazette highlights the increasing frustrations of GPs now faced with complying with the GDPR, which allows solicitors to request patient records free of charge. The article paints the usual picture of solicitors ‘with a sense of entitlement’ and the struggling NHS, left with the bill.

It strikes me that as the NHS comes under increasing scrutiny, scapegoating continues to point the finger of blame at the easiest ‘fat cat lawyer’ target. This is unfair to both sides who I have no doubt are seeking to do their best for the patient/client in increasingly cost adverse industries.

What the coverage does not reflect is that lawyers incur significant costs in requesting medical records and complying with GDPR even before the cost of printing and postage costs comes into it.

GPs are no doubt only too aware of this when PAD applications are made showing the hundreds of pounds spent by solicitors trying to obtain records within the requisite time frame for their clients. I suspect the frustrations run both ways.

The original article can be seen here: https://www.lawgazette.co.uk/newssolicitors-patient-data-demands-anger-gps/5067585.article

How long do I have to claim criminal injuries compensation?

 

If you want to make a criminal injuries claim, but you’re unsure what the deadline is, Fletchers Serious Injury can help. We have more than 30-years’ experience in securing criminal injuries compensation across the UK, and have a long-standing relationship with the Criminal Injuries Compensation Authority (CICA).

Want to know how long you have to make a claim? Read on to discover how our specialist criminal injury lawyers can help you.

 

Is there a time limit for claiming criminal injuries compensation?

To claim for criminal injuries compensation, an applicant should make a claim as soon as possible.

The general rule is that an applicant must apply to CICA within two years of the violent crime in order to pursue a claim.

There are some exceptions to this rule:

 

  • The applicant’s physical or mental health has prevented them from bringing a claim earlier
  • Where a claim is being made as a result of childhood sexual or physical abuse

Eligible CICA claims can often take 12-18 months before an award is offered. This is because a priority system is in place, whereby older cases with CICA are prioritised.

Cases involving complex injuries may not settle within this timeframe. Ultimately, CICA will not reach a decision on the award in an eligible case where an applicant’s level of recovery is unknown, or treatment is ongoing within that case.

 

To claim for criminal injuries compensation, an applicant should
make a claim within two years of the violent crime

– Fletchers Serious Injury

 

What counts as a criminal injury?

A crime of violence can be defined as:

 

  • A crime involving a physical attack
  • Any other act of a violent nature causing physical injury to a person
  • A threat against a person, causing fear of immediate violence
  • A sexual assault to which a person did not consent
  • Arson or fire-raising incidents

If you have been the victim of any of the incidents described above, you could be entitled to claim compensation. To make this easier to understand, you can claim criminal injuries compensation for:

 

  • Injuries sustained in a violent attack or crime
  • The death of a close relative
  • Witnessing a violent crime take place
  • Contributing financially towards a funeral
  • Injuries, both physical and psychological, if you stopped a crime
  • Dealing with trauma in the aftermath of the incident  

 

As well as being compensated for any physical injuries, our serious injury solicitors appreciate there are plenty of financial concerns that arise because of criminal injuries.  For example, you may have had to take an extended leave of absence from your place of work as a direct result of the injury.

It’s also important to know you may be able to claim compensation for taking a ‘justified and exceptional’ risk in preventing a crime or trying to stop it happening.

This could be where someone was in danger and you stepped in, despite not being trained to deal with such a situation.

To make a criminal injuries claim the crime must have happened in England, Wales or Scotland and it must be reported, or have already been reported to the police.

 

Eligible claims can often take 12-18 months before an award is offered

Serious Injury Team

 

How do I make a claim for criminal injuries compensation?

We have a long and trusted relationship with CICA, the governing body that overviews any criminal injury claims we put forward.

Once we can accept your case, we will then require the following information to ensure you can make a criminal injuries claim:

 

  • Location and exact date of the crime
  • Name of the police station where the crime was reported
  • Crime reference number
  • Name and address of your GP
  • Any previous applications made to CICA by you or on your behalf
  • Unspent criminal convictions details
  • Proof of identification such as a birth or marriage certificate, power of attorney or deed poll

 

As specialist criminal injury solicitors, we will maximise the value of your claim

Fletchers Serious Injury

 


You may be able to claim compensation for taking a justified risk in preventing a crime

 

Can I claim criminal victim compensation on behalf of someone else?

Generally speaking, adults who are physically and mentally able need to submit their claim to CICA on their own accord.

However, there are exceptions:

 

  • Parents, or persons with parental responsibility for a child, can complete applications to CICA on behalf of their child. Details and proof of relationship to the child will be required in the application stage.
  • You can apply on behalf of a person who lacks mental capacity to make their own application. CICA would require proof of a person’s authority to act, and may also require medical evidence that the person being represented lacks mental capacity, in line with the Mental Capacity Act 2005.
  • CICA will progress claims by a parent, relative, friend on behalf of someone else if they are acting under a registered Enduring Power of Attorney or a Lasting Power of Attorney for Property and Financial Affairs
  • In the absence of the above, an application for authority to conduct, negotiate and conclude the CICA claim must be made to the Court of Protection

 

How working with a specialist solicitor is beneficial to your case

As a victim of a criminal injury, you can claim yourself online, but the benefit of working with an experienced legal advisor is that all the stress and uncertainty is taken away.

Naturally there’s some red tape to cut through, but we know how to handle that.

As specialist criminal injury solicitors, we’ve been dealing with CICA claims for many years.  As a result, we have built a high level of expertise and we can help guide you through the many complexities of a criminal injuries claim.

Once the case is accepted,we will walk you through the potential scenarios and hurdles ahead, and make sure you’re informed each step of the journey so you can claim criminal victim compensation.

 

If you are a victim of, or witnessed an attack that resulted in criminal injuries, call our expert criminal injury lawyers today to ensure that you receive the right advice, as quickly as possible.

 

Rest assured, our dedicated and friendly team will answer any questions you may have.

 

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Am I entitled to claim criminal injuries compensation?

Want to know if you are entitled to criminal injuries compensation?This article will help you assess if you are entitled to make a claim – covering what you can claim for, how we manage the process on your behalf and the potential values associated with criminal injuries compensation here in the UK.

In addition, this article will cover where you stand if you are:

 

  • The victim of a violent crime
  • A witness to a criminal assault
  • Or, if you have covered medical expenses due to a criminal assault

Read on to find out more.

 

Who can make a claim

 

  • Someone who has suffered injury as a direct result of a violent crime
  • Someone who witnessed an incident, or immediate aftermath, involving a loved one
  • A close relative of someone who passed away as a result of the injuries sustained
  • A child who was under 18 and was dependent on the deceased for parental services
  • A qualifying relative who was financially or physically dependent on the deceased

 

What if I am the victim of a violent crime?

If you fall victim to a violent crime, we understand that the road ahead is a long and daunting one.

First of all, you may be seeking justice. Then, you may have to consider how your life will look going forwards, and how it might be shaped by the incident.

If you are a victim of a criminal assault, rest assured, our serious injury lawyers have the specialist skills to represent your case, and ensure you are fairly compensated for your experience.

 

  • If your case is accepted, one of our expert serious injury lawyers will book a convenient time to call and discuss your claim
  • We’ll be as transparent as possible around timeframes and compensatory values
  • You’ll be kept in the picture at all times and receive a direct line of communication for your legal representative

We completely understand you will have a mountain of questions, but our flexible approach ensures you are supported every step of the way.

With over 30-years’ experience in serious injury law, Fletchers Serious Injury has the expertise to successfully secure criminal assault injury compensation claims.

 

Your entitlement to criminal injuries compensation
If you are a victim of a criminal assault our serious injury lawyers have the skills to represent your case

 

What if I witnessed the violent crime?

Witnessing a violent crime, such as a criminal assault, can have a lasting impact on an individual psychologically. After witnessing such crimes, you may feel unsafe and anxious when going about your normal daily life.

It is possible to make a claim to CICA after witnessing a violent crime, if you can demonstrate that you have suffered psychological harm as a result of being caught up in the criminal act.

The victims involved don’t have to be somebody you know to have an impact on your wellbeing, and these are just some of the repercussions involved when witnessing a criminal assault, or violent crime:

 

  • Losing track of your finances or failing to keep up with outgoings 
  • Being unable to attend your place of work, college or university
  • Not functioning as you were prior to the incident
  • Generally dealing with trauma in the aftermath of the incident  
  • Unable to talk openly about the experience
  • A lack of confidence around being able to leave your home

Some examples of the psychological symptoms which can arise include, but are not limited to:

 

  • Flashbacks
  • Nightmares
  • Hyper-vigilance
  • Panic attacks
  • Depression and anxiety

It is important to remember that simply witnessing the crime does not make you eligible for a claim. For a successful application, you must prove the incident has significantly affected your life due to the mental trauma you have suffered.

The process may involve a CICA assessor considering whether your mental state resulted from, or was exacerbated, by the incident, and will also consider your relationship to the victim. And it is recommended you see your GP if you believe you are suffering from psychological damage as a result of witnessing a violent crime.

Remember, regardless of whether you were directly assaulted and left with physical injuries, you can claim violent crime compensation.   

 

What if I am covering the expenses of the victim of a violent crime?

You may not be the victim of a violent attack, but you may be in search of compensation for victims of violent crime because you’re covering the expenses of the claim.

Typically, criminal assaults leave a devastating impact on the victim and those they are close to. Once more, tackling a claim on your own can be an eye-wateringly expensive business.

Ultimately, violent crime victim compensation is available to cover the following costs:

 

  • Medical costs
  • Surgical costs, such as corrective surgery
  • Loss of earnings should the victim have to take time away from their work
  • Funeral costs

For funeral payments, where someone has died as a result of sustaining a criminal injury, a £2,500 payment can be made to cover the cost of the funeral.

A further £2,500 can be made in circumstances where the initial sum will not cover the funeral expenses, but the total amount of funeral payments cannot exceed £5,000.

It’s important to know we have been dealing with criminal injury compensation claims for many years and we have secured the trust of our claimants through a direct and honest approach.

Regardless of whether you’re the victim, we completely understand the difficulties that come with facing a claim head on. Furthermore, we have built a strong and longstanding relationship with CICA, the Criminal Injuries Compensation Authority.

 

How much compensation can I claim as a victim of violent crime?

As with most claims for compensation, it is difficult to advise on the exact figures of compensation for victims of violent crime until all the evidence is available for assessment. All injuries have different monetary values attached to them, depending on their severity.

For ease, the CICA Scheme has a banding tariff which sets figure per injury.

The injuries are banded from £1,000 to £500,000. Injuries on the upper side of this bracket would be injuries with serious and long-lasting life-changing consequences, requiring lifetime future care.

With violent crime victim compensation, CICA pay out for a maximum of three injuries.

After noting the value attached to the three individual injuries, CICA will rank them 1-3 from most serious to least serious. From here, CICA will pay 100% of the value of the first injury, 30% of the value of the second injury, and 15% of the value of the third value.

 

If you are a victim of, or witnessed an attack that resulted in criminal injuries, you could be entitled to criminal injuries compensation. Call our expert lawyers today to find out about your entitlement.

 

 

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Step-by-step guide to claiming CICA compensation

 

If you’re hoping to make a Criminal Injuries Compensation Authority (CICA) compensation claim, this article will clearly outline how to claim CICA compensation.

There are many benefits of working with Fletchers Serious Injury on your claim.

As serious injury specialists, we have more than 30-years’ experience handling criminal injury compensation claims – from the long and complex to extremely traumatic cases.

Ultimately, if you have fallen victim to a criminal attack, you’ll be looking for answers fast.

This article will not only introduce who CICA are, but run through the need-to-knows, such as when to make a CICA claim and what the outcome could be.

 

What is CICA criminal injuries compensation

CICA criminal injuries compensation is a compensation scheme that directly relates to criminal injuries, and ensures you are fairly compensated for the harrowing incident you experienced.

Firstly, it’s important to state that you don’t have to be the victim of a physical attack to claim. In our article entitled have you witnessed a violent crime we discuss why witnessing a crime can make you eligible, too.

So, how can you claim CICA criminal injuries compensation?

Victims can claim compensation from the Criminal Injuries Compensation Authority (CICA) – the government body set up to help innocent victims of violent crime.

At Fletchers Serious Injury, our legal experts have been successfully handling criminal injury claims for more than 30 years. As such, we have built an excellent reputation nationally in representing claimants in this specialist field.

 

What is CICA?

The Criminal Injuries Compensation Authority was set up in 1996 to provide compensation to blameless victims of crime. Funded by the Ministry of Justice using taxpayers’ money, the CICA can award settlements from £1,000 up to a maximum of £500,000.

 

What is classed as a criminal injury?

As well as compensation for injuries, our criminal injuries team can advise you on the financial impact following an attack. For example, if you have had time away from work as a direct result of the injury.

Victims of violent crimes could be entitled to claim compensation for:

 

  • Loss of earnings
  • Psychological suffering
  • Physical pain and suffering
  • Costs for rehabilitation and ongoing support
  • Trauma caused by the perpetrator never being identified, convicted or caught

 

 

What evidence will you need to make a CICA claim?

Once we accept your case, we will work with CICA to establish the very best result possible.

For us to do this, your criminal injuries compensation claim requires the following information:

 

  • Circumstances of the incident
  • Location and exact date of the crime
  • Name of the police station where the crime was reported
  • Crime reference number
  • Name and address of your GP
  • Dentist’s name and address(if you had dental treatment because of your injuries)
  • Any previous applications made to CICA by you or on your behalf
  • Unspent criminal convictions details
  • Proof of identification such as a birth or marriage certificate, power of attorney or deed poll

There is no cost to make an application and while you do not need to utilise a solicitor or legal advisor, we would always recommend doing so, in order to maintain a smooth process and maximise the value of your claim.

As a government body, CICA must adhere to certain rules and procedures during the investigation process. Our legal teams are extremely skilled at navigating these choppy legal waters, which is why working with a specialist legal team is beneficial.

Once you’ve submitted your violent crime evidence with us, our criminal injury solicitors will guide you through every step of the claims process to help you secure the compensation you deserve.

 

How to claim CICA compensation with Fletchers Serious Injury

If you fall victim to a violent crime, we’re here to represent your case and explain how to claim CICA compensation.

As serious injury specialists, we fully understand that the road ahead is far from straight forward. But ultimately, if you are a victim of a criminal assault, you do not have to face this fight alone.

 

How the criminal injury claims process works:

 

  • If your case is accepted, one of our expert serious injury lawyers will book a convenient time to call and discuss your individual claim
  • We’ll be as transparent as possible around timeframes and potential compensatory values
  • You’ll be always kept in the picture and receive a direct line of communication by your own dedicated legal professional

Don’t worry, we expect that you will have hundreds of questions.

When we make a CICA claim on your behalf,it means you can focus your energy on getting back to full health.

 

How long the process generally lasts

This really depends on the individual circumstances of the claim. It is not uncommon for cases to last around the 12-18 month marker, although complex or serious injury cases will quite often continue for a much longer period of time.

 

How we communicate the claims process

At Fletchers Serious Injury, we keep the customer at the forefront of everything we do. Our aim is to support you throughout the entirety of your case. This includes regular communication. We work hard to ensure you are aware of what is happening at each stage of the claims process.

As a victim of a violent crime, you can claim yourself for CICA criminal injuries compensation, but there are plenty of benefits to working with us:

 

  • There’s always red tape to cut through, but we know how to handle that
  • A designated case handler to each claim
  • You’ll be walked through the potential scenarios and hurdles ahead

At Fletchers Serious Injury, not only are we familiar with the CICA process, having dealt with countless cases involving criminal injury, but we are serious injury specialist and can help victims navigate around the complexities of the legal process.

 

If you are a victim or a witness of a criminal attack, you could entitled to CICA criminal injuries compensation. Call our expert lawyers today.

 

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Hotel lift malfunction results in serious injury abroad: Travel Litigation Case Study

A Fletchers Serious Injury Case Study

The Incident

Shelia Cohen was just a couple of days into her Spanish holiday when she suffered serious injury, whilst exiting a lift in her Costa Brava Hotel.

Sheila, 80, was staying with friends at The Hotel Blaumar in the popular Spanish resort during the Jewish Passover Festival.

Sheila was making her way back to her room after lunch, when the accident happened. As the lift doors opened on her floor, unbeknownst to Sheila, the lift cabin had stopped short of the lobby floor, creating a ‘lip’ that caused her to trip and suffer a heavy fall.

Shelia explains: “It was awful really. I fell straight on my face and my nose didn’t stop bleeding for days. It would just start again when I thought it was healing. I was lucky because my friends helped me to my room and looked after me, but it really ruined the holiday. I was in a lot of pain with my right shoulder and my face was very badly bruised.”

In fact, it transpired that Shelia had sustained a large rotator cuff tear to her right shoulder as well as soft tissue injuries to her face. As a result of her injuries she had to undergo surgery on her shoulder back in the UK and intensive physiotherapy.

The case

Shelia sought legal advice through the specialist travel litigation team at Fletchers Serious Injury. Our expertise in foreign accident cases meant that we could pursue Shelia’s case with confidence, and provide reassurance throughout the journey. The case was dealt with by Mike Hagan, Head of Travel Litigation.

Mike said of the case: “We were really pleased to be able to assist Sheila. Originally her claim was being dealt with by another firm, against the English tour operator who arranged her trip. However, the tour operator didn’t have any insurance.

“Sheila came to us because we had the experience and personnel at Fletchers to be able to pursue a claim directly against the insurer of the Spanish Hotel.”

Shelia explains that working with Mike was a very reassuring experience: “Mike was really helpful throughout my case. I always knew I could speak to him and ask any questions.”

The lift cabin stopped short of the lobby floor, causing Shelia to suffer a heavy fall

The aftermath

Shelia suffered significant pain and restricted mobility as a result of her injury. Carrying out simple tasks, such as brushing her hair and dressing herself unaided, have proven extremely difficult for her. Her treatment was also postponed recently during the Covid-19 restrictions, meaning that her recovery has been further delayed. Despite this, she remains upbeat and positive about her steady progress, and has always been determined to maintain her independence as much as possible.

The outcome

The case was settled in Shelia’s favour. This will ensure she has the additional resources she needs to continue her recovery.

Mike commented: “Personal injury claims can be daunting at the best of times, but this is especially so when the accident happened abroad and the Defendant is a foreign company. It is really pleasing to be able to use our knowledge and experience in international accident claims to help Sheila get justice.’’

Weymouth motorcyclist receives £80K settlement for RTA

A Serious Injury Case Study

The Incident

On the 29th June 2017, around 11.35pm, a 32-year-old man was riding his motorcycle along Portland Beach Road, Weymouth.

The motorcyclist, Ian, was travelling in a queue of vehicles and decided to manoeuvre out of the line of traffic to overtake them. Another vehicle, that was also travelling in the queue, decided to overtake the slower moving vehicles ahead.

The vehicle suddenly pulled out to the right and into Ian’s path colliding with the motorcycle.

Ian was flung from his vehicle, in a serious road traffic accident.

Within two hours, the 32-year-old motorcycle accident victim was attended to by the ambulance service and received extensive treatment at the scene of the collision. He was then taken to the Dorset County Hospital for investigation and treatment of his injuries.

The Case

Fletchers Serious Injury’s Neil Downey took representation of Ian’s case.

While the case began, Ian then received treatment for the following injuries:

  • A closed fracture of the right clavicle
  • Soft tissue injury to the right knee
  • Gravel rash abrasions of the back and elbow
  • Psychological symptoms including adjustment disorder with mixed anxiety and depressed mood

The insurer of the vehicle first contested liability, alleging that Ian overtook his vehicle at an excessive speed.

Because of this, Neil obtained the police report and witnesses were contacted to support Ian’s side of events.

As a result of Neil’s actions, the insurer accepted sole responsibility for the collision.

The Aftermath

By August 2017, two months on from the incident, the right clavicle fracture had failed to heal, and Ian underwent ORIF of the clavicle.

Unfortunately, this failed to achieve union and in Feb 2018, Ian underwent further surgery by way revision plating.

The extensive surgery resulted in Ian being unable to return to employment until March 2019 following the collision.

Prior to the accident, Ian was employed in the building industry and had only started his role just a few months before.

Since then, there is no expectation that the acromioclavicular joint will settle without surgery. However, Ian is noted to have a greater chance of failure of the surgery due to his poor response to initial procedures.

Furthermore, the joint remains symptomatic and will not accommodate Iain’s role operating in the building industry.

Ian has since began a new role in the marine maintenance industry.

Although he is unable to return to his previous role, due to the level of physical demand, both Ian and Neil are delighted to see this positive step forward.

Even though the road ahead is brighter, Ian still requires further surgery and rehabilitation, due to the continuing symptoms he suffers, due to ongoing pain and weakness, with reduced functional capability of the right arm, which are expected to remain as continuing symptoms.

The Outcome

In April 2020, Ian received an £80,000 settlement. In addition, the cost of his treatments was recovered by way of the settlement. Ian is now able to move forward with his life.

Neil Downey is a Solicitor within Fletchers Serious Injury’s Personal Injury department, specialists in serious personal injuries for over 30 years.

Med Neg Chief Assessor Discusses NHSR accounts

Written by Trevor Ward, Senior Solicitor and Chief Assessor for the Law Society’s Medical Negligence panel.

It is that time of the year when the NHSR publish its annual accounts for 2019/2020. Headlines indicate this is the first year since the NHSR took over responsibility for GP claims from 1 April 2019.

 

New schemes to come

There were 404 such claims made. Under the terms of the Coronavirus Act 2020, the NHSR launched a new scheme CNSC (The Clinical Negligence Scheme for Coronavirus) in April 2020.

This CNSC is the latest addition to join several other schemes the NHSR manages, including the NHS Clinical Negligence Scheme for Trusts (CNST), which we are all familiar.

An increase in CNST claims

This year saw an increase in CNST claims alone, of about 1.53%. This was a contradiction against a reported NHS hospital ‘episode activity’ increase of 23%; so that looks good i.e. less mistakes being pursued (not necessarily made) per hospital interaction.

As always, cost of claims and success features in the report. It appears that the cost of claims increased slightly for Claimants and Defendants in legal costs per se, and there was a slight increase in damages awarded.

However, future prospective liabilities have gone down for the first time in many years. This is largely due to the change in the discount rate and reduction in the future measured risk of inflation.

Room for optimism?

The number of claims made and settled on behalf of claimants pre and post litigation stands at 60%. These are made up of 71.5% without proceedings and 27.9% with proceedings.

After trial, 0 .6%, with the NHSR losing more at trial and settling considerably more after proceedings than winning.

The report was optimistic about the benefits and future of ADR and mediation, which is of course welcome, but was perhaps too optimistic about the Early Notification Scheme success for birth injury cases.

These figures do not appear to represent the view of Claimant practitioners on the ground.

With an increase in the schemes being managed and the overall five-year strategy set out by the NHSR, they are going to have their work cut out and it is pleasing to note there is a plan to increase their capacity.

Recall of 5,500 of Ian Paterson’s former patients

The disgraced breast surgeon, Ian Paterson, was convicted on in April 2017 of multiple counts of wounding with intent after carrying our repeated unnecessary surgeries on patients between 1997 and 2011.

Whilst Mr Paterson is currently serving a 20 year sentence at Her Majesty’s Pleasure, his victims and their families have persisted in pursuit of an explanation as to how Mr Paterson was able to carry on for so long.  An independent  inquiry investigated his actions and found that whilst he subject more than a 1000 patients to unnecessary procedures, the institutions that he worked for should have done more to keep his patient’s safe. In particular, they were critical of the lack of a recall of some 11,000 former patients by either the NHS or his private hospital employers.

In response to those criticisms, the Spire Hospital has now written to 5,500 former patients inviting them back for a review of his who will be offered a virtual meeting initially when they can also arrange any follow up treatment.

A dedicated freephone line has also been set up primarily for those patients who are receiving a letter and they can call 0800 085 8130 to speak to specialist staff at any of the times below:

  • 8.30am to 7pm Monday to Thursday,
  • 8.30am to 6pm on Friday
  • 9am to 4pm on Saturday.

The helpline is open to other patients of Mr Paterson who have not received a letter and patients can also email spirehealthcarehelplineianpaterson@spirehealthcare.com.

Christian Beadell, Head of Medical Negligence in the Southport office, said “It is a welcome move that Spire has now taken steps to contact all of Mr Paterson’s, former private patients.  It is a shame that this wasn’t done earlier, particularly given that it has been over 3 years since his conviction and longer when he was providing treatment. This will undoubtedly cause concern for patients who are only now being recalled and it is vital that they receive consistent high quality support.

“It is significant that these patients have never previously been recalled. Some may be completely unaware of Mr Paterson’s fate and  this process needs to be handled extremely carefully. We have already been contacted by patients who are only now considering whether they may have a legal claim in relation to their treatment and we are advising on those matters.”

Dad defies odds after brutal Christmas Eve attack

A dad who forgot his wife and kids after a Christmas Eve attack by a stranger in front of his horrified family has defied the odds to enjoy Christmas with his loved ones.

Ian Grimes was left with severe brain injuries after he was punched to the ground by a random attacker while walking back to his home near Ellesmere Port, Cheshire, last December 24.

Former process developer Ian, whose wife Bethan and three young children were with him as the family had been enjoying a day out in Chester, hit his head on the pavement so hard in the attack that Bethan thought he was dead.

He suffered a subdural haematoma – a blood clot on his brain’s temporal lobe – a fractured skull, paralysed right vocal cord and brain swelling, and was rushed to a specialist brain hospital in Liverpool, The Walton Centre, where he needed two life-saving operations and was put in a coma.

After briefly waking up on Christmas Day, when Ian, 40, awoke after another three days in a coma, he had forgotten who he was, that he was married to Bethan and that he was a dad to daughter Penny, five, and sons Casper, three, and Rufus, two.

 

“It’s a reminder I am a survivor! It’s a reminder there are so many wonderful people that rallied around to support me, my wife and children; not just those close to me, but complete strangers too.”

– Ian Grimes

But incredibly, after three operations to remove pieces of his skull to alleviate pressure on his brain, and despite being left with severe tinnitus, hearing loss in his right ear, headaches, dizziness, depression, anxiety and amnesia, Ian is determined to enjoy this festive period to the full.

Over the course of this year he has relearned how to read and speak and got back into his hobby of music production.

And this Christmas, the family are looking forward to getting back to some of the annual traditions they missed last year, such as ham, baked camembert and homemade bread on Christmas Eve, with a special gift from Santa’s Elves for the children.

 

Moving forward one year on

Dad-of-three Ian said: “It’s coming up to a year since I was the victim of violence and its truly terrible consequences.

“I’m lucky to even be able to reflect on what happened at all.

“Christmas may never be the same, as it will always have haunting memories attached to it.

“It’s a strange time now – on one hand it is a reminder of the terrible trauma I, and my family and friends, endured.

“But on the other, it’s a reminder I am a survivor! It’s a reminder there are so many wonderful people that rallied around to support me, my wife and children; not just those close to me, but complete strangers too.

“Christmas is about remembering the positives of the year that has passed, being with the people you love and appreciating all that you have – which for me is such a lot.”

 

“Ian has lots of medical appointments due in the new year, but we are taking a breather from everything else to enjoy the Christmas break as a family.”

– Bethan Grimes

Dental nurse Bethan added: “Ian is really strong, each week his head gets less foggy.

“He’s positive and determined about that future and especially determined to play with our kids as much as he used to.
“We didn’t think he would be this far along with his recovery.

“Christmas feels like a strange time now but we are mostly positive.

“Ian has lots of medical appointments due in the new year, but we are taking a breather from everything else to enjoy the Christmas break as a family.”

In November, Ian’s attacker Sean Jenkinson, 28, from Ellesmere Port, was sentenced to two years in prison after pleading guilty to grievous bodily harm without intent.

After Ian came out of hospital, Bethan became his full-time carer.

The family were supported by The Brain Charity, a national charity based in Liverpool which helps people with brain injuries and all forms of neurological conditions, to receive legal advice, financial support and information on dealing with a new diagnosis.

Mum-of-three Bethan was so blown away by The Brain Charity’s support she is now going back to university to study Public Health and Wellbeing in the hope she can help people the way the charity helped her.

The family are calling for the public to donate to The Brain Charity’s #Sixmas appeal to support the one in six people in the UK living with a neurological condition.

 

Help through the darkest of times

Bethan said: “It was such a relief to know there was a charity out there dedicated to people with neurological conditions.

“I hope one day I’ll be able to help other people the way The Brain Charity helped me.

“The Brain Charity is a wonderful charity made up of a compassionate and dedicated team who have helped my family and me through this terrible trauma.

“They help so many people in their darkest times, so I hope that we can all help them as they struggle through the pandemic.”

Ian added: “My recovery and rehabilitation, helped massively by family, friends, and professionals, has taken me to a place of relative wellbeing and I hope that continues.

“The show must go on, because survival is the name of the game.

“For my wife and I, our thoughts are with the people that are experiencing something like this now. It is truly devastating.

“We hope that they each have access to the support The Brain Charity have to offer despite the restrictions in place with the pandemic.”

 

A surge in referrals due to Covid-19

This year, The Brain Charity has faced a 70% surge in referrals due to Covid-19, despite many fundraising events being cancelled.

The charity is asking people from all over the UK to organise and participate in a sponsored virtual or covid-safe activity event themed around the number six, to highlight the fact one in six people has a neurological condition.

Alternatively, you can pledge to donate £6 a month to support the charity’s vital work, which also includes counselling and therapy, support groups and social activities for people with neurological conditions and their families and carers.

Tui Benjamin, Head of Communications and Fundraising at The Brain Charity, said: “There are more than 600 different neurological conditions in existence, including stroke, brain injury, dementia and many much rarer ones too.

“We are the only charity in the UK to be here for every single one of them, as we have been for the last 26 years.

“2020 has been an unprecedented year for everyone; and, as has been the case for many charities, we’ve been unable to engage in public fundraising events and activities in the same way we usually would.

“But at the same time, demand for our services has rocketed like never before.

“One in six people have a neurological condition, and more than ever need the life-changing support we provide.

“That’s why, this December, we are calling on anyone affected by a neurological condition in some way – most people will know someone living with one – to support our #Sixmas appeal.”

 

Supporters and fundraisers can shout about their donation or fundraising on social media using the hashtags #Sixmas, #ShareWithSix and #SupportingThe1in6 before nominating six friends to do the same.

Make a #Sixmas donation: https://cafdonate.cafonline.org/14666

Sign up as a #Sixmas fundraiser: https://www.justgiving.com/campaign/sixmas

Read more about #Sixmas: https://www.thebraincharity.org.uk/whats-on/sixmas-appeal

 

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Fletchers Solicitors Gives Hundreds of Law Books to University

Fletchers Solicitors, one of the UK’s leading clinical negligence and serious injury law firms, has donated the contents of its library to Edge Hill University.

The law firm, based in Southport, has handed over 600 books to the university, many of them textbooks that students can use to learn about significant legal cases and refer back to in their academic projects.

The books will be housed in the law library facility in Edge Hill University’s new purpose installed court room, which will be used by students to hold mock trials.

Currently there are over 270 LLB law students and over 250 criminology and criminal justice students in the Department of Law and Criminology at the university in Ormskirk, Lancashire that will benefit from the donated books. Although future cohorts will also be able to use them, meaning that the donation will ultimately help to educate thousands of potential lawyers.

The books were donated by Fletchers Solicitors as part of its drive to establish a paperless office, which will help to reduce the law firm’s impact on the environment.

Gary Carrington, director at Fletchers Solicitors, said: ?We’re gradually moving all of our resources online as we try to become a fully paperless office. As we don’t really use books to the same extent anymore we thought it would be better to donate them to a good cause rather than just throwing them away.

“We hope that our books will be useful to the students at Edge Hill University and assist them in their law studies.”

Professor Franco Rizzuto, head of the Law & Criminology department at Edge Hill University, said: “We’re extremely grateful that Fletchers Solicitors thought of us when the time came to donate this impressive collection of books to academia.”

“Our students spend a large proportion of their time researching their specialist areas in detail and this involves extensive background reading. The books donated will enhance the collection that we have to offer in our library and I’m certain this will be of great help to our students.”

‘Could this be sepsis?’ A discussion with Tom and Nic Ray

Ahead of World Sepsis Day, Fletchers Solicitors spoke to Tom and Nic Ray, the incredible individuals behind the public speaking company, Resilience and co. Tom and Nic are two voices with a shared message; be sepsis aware. The following article will detail the couple’s incredible story of living with sepsis. A narrative that showcases unimaginable challenges, fighting back in the face of adversity, and together, defying incredible odds.

If you suspect sepsis, act fast!

The key theme that we need to get across is that if you suspect sepsis, or you’re in a situation where you’re medically declining, you need to get access to emergency care very quickly. Initially, my issue was that I’m a real tough guy from Essex and I’d never had any kind of illness in my life. So, I really did think I was going to be OK – I thought it was just a case of ‘man-flu’ or something similar.

But, as it turned out, it was much more serious.

In addition, The medical response was very slow. One thing we know now is that if you have got the early offset symptoms of sepsis, you need to get treatment within one hour. Otherwise, you’re going to end up with amputations, or seriously, you’re going to die.

Tom isn’t wrong.

More than 50,000 people die from sepsis every single year in the UK. Furthermore, a large proportion of those diagnosed are based in the North West of England, in Blackpool.

Tom continued:

Hundreds and thousands are suffering amputations because medical intervention is coming too late. A good analogy is that if you’ve got sepsis, you’re actually on fire. If you don’t put the fire out quickly, you haven’t got a hope in hell of surviving.

Sepsis is unique in the fact it doesn’t discriminate. Regardless of your sex, age, race or level of health, you can fall victim to the disease.

However, it can be stopped in its tracks if it’s spotted early.

When someone becomes very ill with sepsis, Tom and Nic know that within that hour, you or someone nearby must ask the question, ‘could this be sepsis?’

Our message is about getting people to ask that question. It doesn’t matter if it’s through NHS 111, a friend, their GP or through at a hospital. We want to empower everybody to be able say, ‘I am so sick, I just wonder if I have sepsis?’

 

Being unprepared for living with sepsis

Tom’s passion comes from an incredibly unique experience.

In 1999, Tom and Nic were newly married with a three-year-old daughter, Grace and baby number two, Freddy on the way. Then, almost overnight, their lives changed forever.  After a routine dental appointment, Tom suddenly developed symptoms of sepsis.

What followed changed their lives forever.

Tom spent the best part of the new millennium in hospital. This included months in intensive care, endless reconstructive surgery, and rehabilitation. Consequently, the loving husband and father lost his legs below the knee and arms below the elbow, as well as much of his face.

Tom recalls:

The worst thing was having my face amputated and having to have it reconstructed. The impact on myself has been profound, especially in terms of post-traumatic stress. Also, it’s affected my marriage, my relationships with my children and it’s destroyed my career.

I work on minimum wage in a call centre and even though I’ve got a post graduate degree we’ve worked out our sepsis experience has cost us over a million pounds. It’s been a devastating experience. I just wish I said the words out loud, could this be sepsis?

It’s destroyed my life and I’ve had to change so much and cope with so much every day. It’s a real challenge. I’ve chosen to respond to that positively, but I still feel quite angry looking back. I could easily have been one of the ones they called into A&E straight away and received the right antibiotics and walked away.

My wife’s life has completely changed. She’s lost a husband and gained another child to look after. It’s also affected my relationship with my children. When I sit there late at night, working until 10pm in a call centre, I just wonder how on earth have I ended up like this?

 

 

How sepsis can impact your family as well as your world

It isn’t just Tom who suffered as a result of his sepsis diagnosis.

Nic also experienced each challenge that came their way.

At the time of Tom’s diagnosis, Nic was 9 months pregnant with Freddy and had a two-and-a-half–year-old daughter to look after. Consequently, the life they once led changed forever.

It’s like a runaway train through your family. My career stopped dead, we had to sell the house and we had to sell the car. Not only this, we moved in with my mum. We really did have to go back to ground zero and reconstruct our lives from ruins.

You’re firefighting I’m so many levels. For example, you’re trying to look after the kids as well as Tom along with trips to and from the hospital. He was so vulnerable, and you almost had to prioritise him above your new-born because he had so many needs that you had to attend to. After that, the aftermath is enormous.

Where the couple live in Rutland, East Midlands, there are very little medical facilities within reach.

As well as that, it’s sandwiched between five counties and they would often travel to specialists in Nottingham, Leicester, Cambridge, Northamptonshire and South Yorkshire.

Nic continued:

I basically became a full-time driver to get us to all these places at the same time as having to keep a family. Moreover, everyone gets sucked into this sort of vortex. As Tom’s wife, you’re the linchpin.

You’re communicating to everybody. You’re communicating and editing stuff, you’re thinking about how to say stuff so that people can understand the importance. I found myself curating a lot, holding a lot information I couldn’t say at the time because I knew it would damage Tom’s positivity. It would be so overwhelming.

This intense micromanagement happened for a good two or three years. You just must give your life entirely to sepsis, meanwhile, your life ceases to exist. The partner of the person with sepsis must become incredibly patient. You just have to put yourself on hold. Additionally, don’t think for a second sepsis just happens to the one person, it can affect anyone without warning or obvious cause. 250,000 suffer from sepsis every year in the UK.

I ended up having to get counselling after a couple of years because I had PTSD, depression and bereavement. I just got stuck.

Everybody who meets Tom and Nic admires their openness.

In 2016, Tom and Nic joined up with Pippa Bagnall following the premier of the film Starfish in Mayfair, London. The film is an incredibly powerful portrayal of Tom and Nic’s experience of sepsis and their long journey of resilience.

Pippa is a clinician with significant experience of working in the NHS, voluntary sector and on the national and international stage.

 

Pippa said:

We’re in Blackpool this week at the invitation of the Blackpool Teaching Hospitals NHS Trust to raise awareness of sepsis and to discuss how to develop personal resilience.

One of the key messages we’ve been working hard to get across during sepsis awareness week is that everybody needs to know about sepsis. It doesn’t discriminate.

What is incredible when it comes to Tom and Nic is the fact that they are the most wonderful example of turning sorrow into positivity, especially positive thinking for others.

That has become the cornerstone of our work as Resilience + Co. We work as a trio representing the patient, carer and clinician.

There are some excellent professional educational materials on  the UK Sepsis Trust. Our aim is to spread awareness to people so they are forewarned of the signs and symptoms of sepsis.  They are:

Sudden onset of:

  • Shaking and shivering
  • Severe breathlessness
  • Low rather than high temperature
  • Rapid pulse
  • Low urine output
  • Nausea and vomiting
  • Mottled and discoloured skin
  • “I feel I am going to die”

People with sepsis can deteriorate rapidly and speedy diagnosis and treatment can mean the difference between life and death. We have thoroughly enjoyed our time working with Trevor Morris and his integrated care team on their highly effective work on sepsis awareness.

As a result of their experience, Resilience + Co are keen to spread awareness of sepsis and resilience far and wide.

And. although it’s taken a great deal of courage to get to where they are now, the love shared by Tom and Nic has planted seeds of hope where there was once scorched earth.

Tom explains:

Freddy is now nineteen and about to embark on a journalism course. One of the great things that Freddy and I have been doing together is going to see Leicester City.

From about the age of six I have been taking Freddy to see Leicester City, back when they were in League One and we’ve been to every home match ever since. We used to go to a lot of the away games as well. It was a real education for him.

One of the really touching things is that they gave him a little card saying he was my disabled carer when he was six. It’s one of his proudest possessions and he’s been looking after me at the football ever since. Even as a youngster he’d go off with the other Dads to get me a cup of tea and make sure I got down the steps and everything.

Nic was also quick to heap pride on their first-born, Grace.

Grace is now 22 and studying Astrophysics at Manchester University. Tom and I were flaky arty types, only good at English. I don’t know where these maths and science genes come from!

Tom continued:

One thing I really wanted, even in the wreckage of sepsis, was to show that I could still be a disabled dad. For example, it took a lot of courage to take the kids on the school run but I learnt how to drive even without hands and feet. I got an adapted car and I went on the school run. Standing at the school gate with children passing with an amputated face is quite a fast learning experience. Overall, It taught me a new way of being resilient.

This new concept of resilience we found is very profound and important to us. Firstly, I’ve learnt somehow not to be angry and to accept the situation that I’m in and see the advantages. It’s made me a lot better at relating to other people and understanding their problems. Everybody goes through something, whether it’s death, divorce, separation, addiction, homelessness. All kind of things that effects individuals.

I’m very conscious that everyone is going through stuff to deal with. So, if I can show that I can live a semi-normal life where I go to work, pay the bills and spend time with the kids, it’s a good example for other people to know they can deal with their situation.

Right now, it costs the NHS £15.2 billion pounds a year to deal with sepsis. To clarify, this equates to around 8% of the total NHS budget.

Although there’s still an incredibly long way to go, Tom and Nic’s mission through Resilience and co. will only improve general sepsis awareness.

 

If you have been directly affected by sepsis, please call The UK Sepsis Trust’s general enquiries number on 0800 389 6255.

If you would like to invite Tom, Nic and Pippa to one of your events please contact:

Pippa@resilienceand.co

+44(0)8750428719

Executive Director[/vc_column][/vc_row]