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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
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We are delighted to announce that Richard Lodge, Partner in our Medical Negligence and Personal Injury team, has jointly authored Clinical Negligence: A Practitioner’s Handbook - Second Edition with Elizabeth‑Anne Gumbel KC of 1 Crown Office Row Chambers.
The Medical Defence Union is lobbying Parliament for changes to laws relating to clinical negligence claims. It has written an open letter to the Chancellor of the Exchequer for ‘decisive action to tackle soaring legal costs’. Among its requests, the MDU is repeating its position that section 2(4) of the Law Reform (Personal Injuries) Act 1948 should be repealed. This legislation requires awards of compensation for future care needs, to be based on the cost of future private care and to disregard the availability of treatment within the NHS.
Cambridge University Hospitals NHS Foundation Trust have published a report dealing with concerns around the practices of a trauma and orthopaedic consultant, Ms Kuldeep Stohr, who specialised in treating children at Addenbrooke's Hospital. A clinical review of 800 patients is now underway. Ms Stohr has been suspended.
This year, World Cerebral Palsy Day falls on 6 October with a theme of ‘#Unique and United’. The Kingsley Napley Medical Negligence and Personal Injury team strongly support the vision of this global movement - which is about recognition of the 50 million people who are living with cerebral palsy and striving for a more accessible and inclusive world.
Legal claims for hypoxic brain injuries during birth – caused by a disruption in oxygen supply - remain prevalent. These injuries can have a devastating impact and lead to lifelong conditions including Cerebral Palsy. Indeed, claims relating to brain injuries sustained during birth account for a significant percentage of the total value of clinical negligence damages paid out each year. This is because the average amount of damages for such cases is very high, not infrequently running to tens of millions of pounds, with some impacted children having lifelong needs for care, treatment, equipment and housing. Nonetheless, claims for clinical negligence in this area can be particularly thorny to prove. In this article I consider when the doctrine of ‘material contribution’ – said by the Court of Appeal to have been ‘bedevilled by apparent inconsistency’ – may apply to hypoxic birth injury cases where the window for avoiding injury can be short. Does every minute really count?
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