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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
For many children and adults there is no connection between their cerebral palsy and the circumstances of their birth. For others there is a direct causal link, and for them, their injury may have been avoidable.
The American website myfreeimplants.com allows women to post photos of themselves to solicit donations for cosmetic surgery. Donors are invited to “invest in breasts” by contributing money to women seeking breast implants. Women post photos and messages about their plastic surgery goals and network with online benefactors, and in return, donors pay women to help them “achieve the body of their dreams”. Gobsmacked? So was I.
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.
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.
Rebecca Niblock
Jemma Brimblecombe
Charles Richardson
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