Medical Negligence & Personal Injury

10^th September is World Suicide Prevention Day. Each year, on the same date, communities and organisations campaign on a global scale to raise awareness of the tragedy of suicide and explore ways in which we can all help to prevent it.

When a loved one dies, grief is difficult and there can be a lot to deal with.  If someone dies as a result of medical negligence or personal injury, then it’s important to consider who can bring a claim. 

Whether the claimant or defendant, successful parties to civil litigation can be disappointed to hear that they are highly unlikely to recover all of their legal spend.  The losing party is only required to pay what is considered reasonable and proportionate.  A key feature in what is recovered is the reasonableness of the hourly rates charged by the successful litigant’s solicitors.

An aortic dissection is a life-threatening condition, requiring early diagnosis and treatment. Sadly, classic symptoms are often misdiagnosed or dismissed, which quickly lead to the patient’s death. We have experience of successfully investigating claims of this nature.

Much has been said about the 2020 Court of Appeal judgment in Swift dealing with the disputed method by which claims for the cost of special accommodation following severe injuries are calculated, and rightly so; it was a privilege for one of the authors of this article to work on a case of such wide application and with such benefit for so many Claimants. 

The recent decision in the case of Malik -v- St George’s University Hospital NHS Foundation Trust provides a further example of this approach.  Mr Malik required emergency spinal surgery in the form of a laminectomy and discectomy at T10/11.  No criticism was made of the performance of the surgery.  Post-operatively Mr Malik experienced ongoing numbness and weakness in his left leg.  His surgeon recommended further revision decompression surgery which unfortunately left Mr Malik with an incomplete paraparesis.  He was classified as a T7 ASIA D paraplegic.

On the 28 July 2021, the Government unveiled the highly anticipated National Disability Strategy (‘the strategy’). Pledged in the Government’s 2019 manifesto, the aim is to “improve the everyday lives of disabled people”. The Prime Minister described the strategy as the most comprehensive, concerted, cross-government plan relating to disability ever. A bold claim, but is it justified?

Chimamanada Ngozi Adichie, celebrated author and feminist talks in Elizabeth Day’s How to Fail Podcast about the death of her father, and then her mother, 9 months later. Adichie speaks very eloquently about the many emotions that grief provokes.

July is International Group B Streptococcus (GBS) Awareness Month. As medical negligence specialists at Kingsley Napley, we have acted for many families who have been affected due to delays in the diagnosis and treatment of a GBS infection.

The Nursing Times recently published an article on blame culture within midwifery, which is apparently affecting staff retention. The article discussed a hearing of the Health and Social Care Select Committee which has been leading an Inquiry into the safety of maternity services in England

The FCA has launched a consultation on a technical note setting out guidance for companies applying for listing which have cannabis-related businesses. As with all companies applying for listing, those with cannabis related businesses must be assessed for eligibility for listing under the Listing Rules.  Because of the legal complexities around cannabis businesses the FCA applies additional due diligence requirements to them.    

June is Sands (Stillbirth and Neonatal death) Awareness Month. We are blogging to raise awareness of the work carried out by Sands and their contribution to improving bereavement care and funding research into saving babies’ lives. 

This week is Cervical Screening Awareness Week which is run by Jo’s Cervical Cancer Trust. This week aims to reduce confusion about human papillomavirus (HPV), de-mystify cervical screening results and highlight the importance of attending cervical screening appointments. 

We’ve been running trials of E-Scooters in various parts of the UK for nearly a year and London finally followed suit this week in four boroughs with Canary Wharf to follow a little later. 

It often takes many years for victims of sexual abuse to come forward.  Claimants often feel embarrassed, and sometimes even partially responsible, for the abuse suffered. The Truth Project was set up in 2015 as part of the Independent Inquiry into Child Sexual Abuse to help victims come forwards.  Over 5,000 individuals have since disclosed instances of sexual abuse as part of the Project.  

Kirsty Allen discusses the report produced by The Healthcare Safety Investigation Branch (HSIB) which finds that improvements need to be made in outpatient clinics to avoid healthcare teams confusing patients

Spinal Cord Injuries Awareness Day is held annually in May.  It is an annual event run by the Spinal Injuries Association (SIA) and their charity partners.  The aim of the day is to raise awareness and understanding the impact and effect of spinal cord injury told through personal stories of those affected.  This year the awareness day has a poignancy about it – with the country coming out of lockdown having spent 14 months coping with the challenges that come with a pandemic, it is a reminder that the challenges the wider community have encountered over the past year are common on-going challenges for those with a spinal cord injury.  For example, difficulties in accessing specialist healthcare services at a time of need and restrictions on accessing the wider community.

According to the most recent NHS statistics 2,500 people are injured or diagnosed with a spinal cord injury every year. Indeed it is estimated  that there are a total of 50,000 people living in the UK with a spinal cord injury of some sort. Unfortunately sustaining a spinal cord injury impacts on every aspect of a person’s life. Often, where everyday tasks are a challenge, returning to work may seem unrealistic. The fact is that employment rates among people with spinal cord injuries remain much lower than the general population.

Spinal injuries are unpredictable and life changing. The location of the injury is key, and generally speaking the higher up the injury in the spinal column, the more severe the consequences. 

This week is Brain Injury Awareness Week. Our team is experienced in representing those who have brain injuries and understanding the impact on our client’s lives.