13 October 2015

The ‘Weekend Effect’ – How to avoid dying in hospital

A recent study has produced findings which suggest that patients are more likely to die if admitted to hospital on a weekend.

The study, authored by researchers from University Hospital Birmingham NHS Foundation Trust and University College London and published in the Journal of the Royal Society of Medicine, examined the effect of hospital admission day on death rates across NHS England hospitals for 2013-2014. The results confirm findings from an analysis they undertook for 2009-2010.

Katie Allard

15 September 2015

Clinical Negligence - fix the costs and you load the die

You may have seen the recent press coverage relating to the government’s plan to consider introducing fixed recoverable costs for personal injury claims involving clinical negligence worth up to £250,000. There is an underlying premise that this will save the NHS money at the expense of ‘greedy’ lawyers. I find it frustrating that the approach and behaviour of NHS Defendants (which drive up Claimant costs) has so far been overlooked. Additionally, I question the impact that fixed costs would have on injured Claimants’ access to justice.

15 July 2015

Injured abroad whilst on holiday? A modern take on the story of David & Goliath

In an earlier blog, Children unlawfully killed in Corfu hotel - should Thomas Cook be compensated?, I talked about how helpful the Package Travel Regulations are, but unfortunately they don’t always apply.

A client of mine was involved in a very serious road accident in Egypt.  She was travelling in a desert safari tour (which had been organised by her hotel) when the vehicle inexplicably left the road.  Her husband was one of two people to die in the accident, and she herself received serious injuries. 

Terrence Donovan

2 June 2015

Spinal injury – why the 2007 Rehabilitation Code must change

As a claimant clinical negligence solicitor I see first-hand the impact a spinal injury can have on an individual’s life.  Coming to terms with such a life changing event is difficult and not made any easier by the state’s inability to provide immediate and on-going rehabilitation.

Richard Lodge

6 May 2015

The duty to explain risks to patients: a new exposition on consent from the Supreme Court

The recent unanimous decision of the Supreme Court in Montgomery v Lanarkshire Health Board [2015] UKSC 11 makes it clear that the older case law based on medical paternalism and the assumption that patients are uninformed and incapable of understanding medical matters is now untenable. Access to information, the context in which medical practitioners operate and the way in which recipients of healthcare services view their relationship with practitioners has changed and this decision presents a change in the law on consent which is welcomed by Kingsley Napley’s Healthcare Standards initiative.

Kirsty Allen

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