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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.

17 July 2015

Birth injury series - caesarean section

Families affected by a birth injury are often reluctant to pursue a claim against the NHS or private hospital involved with their child’s birth.  They may be distraught and finding it difficult to come to terms with the devastating news that their child has a catastrophic brain injury.

The focus of this blog is caesaren section and is the sixth and final blog in our birth injury series.

This blog first appeared in At Home Magazine.

10 July 2015

Birth injury series - Cerebral palsy and brain damage

Families affected by a birth injury are often reluctant to pursue a claim against the NHS or private hospital involved with their child’s birth.  They may be distraught and finding it difficult to come to terms with the devastating news that their child has a catastrophic brain injury.

The focus of this blog is cerebral palsy and brain damage and is the fifth in our series of six birth injury blogs.

This blog first appeared in At Home Magazine.

6 July 2015

The end of the duty of candour double standard?

When things go wrong in healthcare, should the duty of candour owed by providers to patients differ depending on whether the care was provided within a primary or secondary setting? Or whether the patient received care from the public or private sector? A single duty of candour should apply consistently across the healthcare service. Unfortunately, the duty of candour is currently triggered by two different thresholds depending upon who provides care to the patient.

Emily Carter

24 June 2015

Birth injury series - jaundice and kernicterus

Some birth injuries can be anticipated and with prompt and appropriate action serious injuries can sometimes be avoided. If a birth injury is sustained through lack of appropriate care it may be possible to make a clinical negligence claim for compensation.

The focus of this blog is Jaundice and Kernicterus and it is the third in our series of six birth injury blogs. 

This article first appeared in At Home Magazine. 

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