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NHS To Face £24m Bill For Glue Injected Into Girl’s Brain
The NHS is set to be hit with a £24m compensation bill for a girl that has had glue injected into her brain, after it was mistaken for dye. 10 year old Maisha Najeeb, described as being happy and active, was left with catastrophic and permanent brain damage that she will never recover from. As well as being virtually unable to move, Maisha has been left blind in one eye. A financial package has been determined that means the NHS will have to pay an initial £2.8m plus annual payments until she dies.
Doctors and surgeons in the UKL typically provide a high level of service to patients, but mistakes do happen, and while some may pass with little consequence, there are those that can leave patients in serious physical and emotional distress.
Patients that do suffer at the hands of negligence by doctors are able to seek compensation. Negligence must be proven on the part of the doctor or healthcare institution, and lawyers must be able to prove that there has been a negative impact and loss suffered by the claimant. Compensation figures do vary, but those incidents that lead to brain damage and life-threatening illnesses and injuries are those that typically carry the largest settlement figures. Compensation packages of £1m or more are not uncommon in these instances.
Maisha was a healthy and active ten year old girl but she suffered from a rare condition called arterio-venous malformation. This means that her arteries and veins could become tangled leading to bleeding. When a bleed did occur, Maisha would visit Great Ormond Street hospital to seal off the veins using glue. Dye was applied in order to determine where to apply the glue. However, in this case, surgeons applied the glue instead of the dye leading to the problems.
The hospital admitted liability, and the NHS has been told to pay an initial fee of £2.8m followed by annual payments of £383,000 a year until she turns 19 and £423,000 a year thereafter. Experts called by the girl’s family say that she could live until she is 64 and this would mean a total bill of more than £24m.
Children’s Personal Injury Claims On The Rise
Figures obtained by the Employment Law Advisory Service show a worrying trend of increasing personal injury cases involving children at school. Over the period of five years, £3.3m has been paid out, although these figures only include three major cities, so the real cost is likely to be much higher. 1,980 personal injury claims were submitted against primary and secondary schools in Birmingham, Manchester, and London during that period, with approximately a quarter proving successful.
Personal injury is the legal term that is associated with any injury to the body that has been caused by the negligence of another. Such cases have become increasingly common in adults, with gangs of fraudulent criminals even acting together in order to try and make substantial claims. Injuries not only include physical injuries, but may also include injuries to the mind or emotions, and the size of compensation packages is typically determined by the severity and effects of the injuries themselves.
The Metropolitan areas of London, Manchester, and Birmingham have nearly 15 million residents, which is about a quarter of all the people living in the UK. London had the largest bill, with claims totalling £1.6m across its 33 boroughs, but Manchester had £1.5m of claims in just 10 boroughs and Birmingham had to pay out a total of £190,000.
In terms of the injuries that led to claims, a £56,000 payment was made to one child who had collided with another on an inflatable slide. £13,500 was paid to one child who had slipped on a wet floor. In total, across the three cities, nearly 2,000 claims were made in the five year period and almost a quarter of them were successful and led to children being awarded payment.
Critics say that it is fostering a culture where children are no longer able to take the risks associated with growing up. However, if a child does suffer injury and requires care and medical treatment then they have the right to seek compensation. Care costs, medical costs, and a parents’ loss of earnings can soon add up, and it is these costs that compensation aims to cover.
More Than 1,000 Personal Injury Firms Have Gone Bust
The effects of the Jackson Reforms and changes to the personal injury market have been felt in the legal sector with more than 1,000 small to medium legal companies less in the third quarter of 2013 than during the same period of 2012. There were 7,295 SME legal firms remaining at the end of September, not only signifying a 12% loss but meaning that nearly 200 firms went bust during the quarter.
The aim of the reforms and changes was to reduce £220m from the annual legal aid bill. Legal Aid reforms mean that funding has been withdrawn for many people that would have previously been given access. Family law and civil litigation cases were among the areas hardest hit by the changes. Funding will no longer be available for certain cases, while certain groups of people including immigrants will not be given access to any of the legal aid budget available in the UK.
Many groups have protested against the changes, with judges and the legal industry claiming that it will not only lead to poor representation but it will transfer costs rather than save them. They argue that an increase in the number of litigants in person, people that represent themselves rather than use professional legal representation, will mean that cases will take longer and cost more in that respect.
The latest figures show that these changes, among other factors, mean that even more smaller firms are in financial distress as well. The number that are considered to be in financial distress has risen 26% to 2,314 while the Solicitors Regulation Authority has said that 495 firms have been identified as being in financial risk and 55 firms are at high risk.
The number of firms in financial risk would indicate that the number of firms going bust is only likely to increase in the near future, rather than decrease. The Jackson Reforms and cuts to the Legal Aid system mean that solicitor and legal firms are finding it more difficult to turn a profit. The full effect of this has been felt over the past 12 months.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Enterprise And Regulatory Reform Act 2013 Now In Full Effect
The Enterprise and Regulatory Reform Act 2013 has been heavily scrutinised by many groups but, as of 1st October this year, it has come into full effect. Critics say that it essentially wipes away more than 100 years of legislation that has been introduced to protect workers and ensure that employers look after their workforce while they are conducting their job. The biggest change means that employees will only be able to successfully claim compensation or sue for accident at work damage if they can prove that the employer was negligent.
Accidents at work can lead to serious problems for employees. If they are seriously injured it can mean lost earnings and may even put their job at risk, as employers look to cut their annual salary bill. Such injuries can also lead to substantial care and medical costs, as well as other expenses. Compensation is meant to cover these costs and ensure that the victim can get back to work and full fitness without too much worry.
However, the Enterprise and Regulatory Reform Act 2013 means that employees must now prove that their employer was guilty of negligence and this means providing much more evidence and information than previously necessary. It may be necessary, in some instances, to provide expert accounts and even witness details.
Critics have said that the first consideration of somebody injured at work should be their own safety rather than gathering witness details, photographing the scene, and performing other tasks to ensure that they have an appropriate amount of data. Difficulties can arise where the employee needs time off work following the accident because they will be unable to collect the evidentiary details that they require in order to help prove their case.
The changes to accident at work cases mean that the onus is very much on the employee to prove negligence and this makes good quality legal representation more important than ever before. A personal injury specialist will be able to determine what information is required and they will also have access to expert witnesses and other professionals required for the case.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Government Forced To Consider Compensation Discount Increase
The government may have to rethink plans to increase compensation discount figures. 2.5% is currently discounted from large compensation settlements, under the belief that claimants can invest their money in government backed securities and receive at least this amount in interest and associated payments. The government wants to increase this figure, stating that claimants are willing to take greater risks with the money which means that they have greater potential for return.
Large compensation settlements will typically include provision for long term care, healthcare costs, and loss of earnings. This can mean considerable sums of money being paid to victims of personal injury, criminal injury, and medical negligence among other types of claim. In some instances, a claim may total several hundreds of thousands or even millions of pounds and this will include some allowance for consecutive years after the value is awarded.
A claim discount is applied in large settlements. The current rate of discount is 2.5% and is levied against the total figure under the pretext that the claimant will invest a large portion of the money in government backed securities. Doing so will ensure that the claimant receives the full amount of their compensation package despite having some of it withheld. The government had asked for consultation on the existing plans.
Following a first round of consultation, the government said that it believed claimants were high risk takers and that they would be willing to place their money in investments with higher risks and, therefore, greater potential for larger returns. With greater returns it would have meant that the government would be able to increase the size of the discount applied to the total figure so that less money would be paid to claimants.
However, a second round of consultation has suggested that the government’s suppositions were incorrect and that claimants are, in fact, risk averse. Research conducted by the Ministry of Justice suggested that claimants wanted to minimise the risk that they faced. However, it was noted that there were gaps in the knowledge that the MoJ has at this time and so it is unlikely that a final decision is imminent.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Criminal Injuries Compensation Scheme Guide Published
Following sweeping changes to various areas of personal injury law and, specifically, to the Criminal Injuries Compensation Scheme, an updated guide has been published on the government’s website. The guide gives details on eligibility, how to claim, and the types of payment that can be included in a claim. Changes to the scheme now mean that claimants are not able to make a claim for minor injuries and that criminals with an unspent conviction will have their claims automatically declined.
The scheme was set up so that victims of violent crime had a last resort to claim required compensation from. The guide reiterates the point that it should be viewed solely as a last resort and not a first port of call. Victims and their solicitors should attempt to claim compensation from the guilty party and, only if this fails, should the Criminal Injuries Compensation Scheme be used in order to prevent recompense to victims of crime. With that said, the Scheme can prove highly beneficial to those victims that are not able to locate, identify, or claim from the offending party.
In order to be eligible to claim via the Scheme it is necessary for the claimant to prove that they were the direct victim of a crime. They must also be able to show that they were not responsible for the crime and that the crime was reported to police. It is necessary to show that injury, either physical or mental, was sustained as a result of the crime and that all other avenues of recompense have been fully exhausted.
It is necessary for claimants to bring their case within a period of two years of the incident occurring. However, there are exceptions to this statute so if it was not possible to claim within this period then it may still be possible to seek compensation from the scheme. A lack of knowledge of the scheme may not be considered an exceptional circumstance which means that this will not usually be a defence for claiming beyond the two year statute.
There are a number of different types of claim which may be made and the compensation awarded may be made up of injury payments, loss of earnings, special expenses, bereavement payments, dependency payments, and funeral payments. The Court will determine the extent of an injury and award injury compensation between £1,000 and £250,000. For those injuries considered minor enough that compensation is less than £1,000, no compensation will be awarded.
One of the major changes introduced to the scheme at the end of last year saw those with unspent criminal convictions having their applications rejected automatically. It is also possible that people with a criminal record may have their compensation payments reduced. Furthermore, minor injuries are no longer covered by the Scheme; the latter has proven to be an unpopular move. Critics have pointed out that even minor injuries can lead to long term psychological effects. The minimum injury payment is now set at £1,000 as a result of this change.
You can download a copy of the new CICA guidance by clicking here or call us on 0800 988 9055 or you can send us an email by clicking here.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Average Briton Will Endure Thousands Of Work Related Accidents And Illnesses In Their Lifetime
A recent survey of 2,000 people shows that the average Briton will suffer more than 10,000 injuries, illnesses, and accidents during their lifetime and that the majority of them will be made up of bugs picked up from work and accidents in the workplace. The report, released by solicitors Slater & Gordon, shows that cuts and bruises make up the largest section of these and the figures mean that the average person in this country will suffer, in some way, once every three days.
The typical person spends up to 40 hours or more in the workplace so it is perhaps unsurprising that the workplace is responsible for most of our illnesses and injuries. Some of these incidents are unavoidable, for example even the use of antibacterial hand gel may not prove enough to prevent picking up a cold or other bug. However, there are a large number of such accidents and work related illnesses that can and indeed should be avoided.
It is the responsibility of an employer to ensure that all of their employees are safe and free from injury and illness. The term health and safety may be derided as a joke and filled with bureaucratic paperwork but, in reality, it is what keeps employees safe when they walk through the door until they leave at the end of the day. Followed properly, health and safety guidelines can prevent potentially life threatening injuries and illnesses. When ignored, however, it not only leads to more work related incidents but it can land the employer in court.
More than a third of those surveyed said that they had suffered an injury while at work and delving further into these figures, it is also shown that approximately one in five could identify a potential hazard or health and safety risk currently in their workplace. The first step to effective health and safety at work, and preventing work related accidents, should be identifying risk before taking action to remedy that risk. If employees are able to identify such hazards then action should be taken by the employer.
When people do suffer an injury at work, or contract a work related illness or industrial illness, they may have the right to claim compensation from employers. While this compensation will usually be covered by an employer’s liability insurance policy, it can lead to a drop in workplace morale and an increase in insurance premiums required in the future. It should be, therefore, in the interest of employers to prevent accidents and illnesses occurring in the workplace.
Suffering a long lasting injury at work means that an employee is often unable to complete their daily work. This can lead to a loss of earnings and may also mean additional healthcare costs and rehabilitation costs. Compensation is awarded to anybody that suffers at the hand of a workplace injury in order to ensure that they have the financial backing to be able to fully recover from the injury and be back to full health as quickly as possible.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
TUC Accuses Government Of Brainwashing Over “Compensation Culture” Claims
The Trades Union Congress, or TUC, has said that the government is guilty of brainwashing the country into believing that there is a compensation culture and attempting to vilify those that have a legitimate cause to claim compensation for their workplace injuries. The TUC has said that the government, backed by Prime Minister David Cameron, is making this move in order to be able to reduce or remove the health and safety laws that are currently in place to protect workers.
The whole personal injury process has come under extensive changes in recent months as the government has attempts to reduce the amount of funding it receives while similarly reducing the amount of bureaucracy and red tape that is met by employers. These reforms have already been criticised by many organisations, individuals, and even the government’s own lawyers. This isn’t the only area in which the government shakeup is proving unsuccessful either.
The Health and Safety Executive, the HSE, has also released plans to change health and safety laws. These changes would mean that fewer near misses would have to be reported while there would be considerably fewer illnesses and injuries listed for companies that do need to submit a report. The HSE believes that this will cut the cost to businesses by millions of pounds a year but some of the proposed changes have been hit by criticism. The proposals are set to come into force in October 2013 but do not yet have parliamentary approval, which would be required.
Hazards, with the backing of the TUC, conducted a study and published a report on the success rate of work related injury claimants. The figures show that the success rate of such claims has plummeted 60% in the past decade.
TUC General Secretary Frances O’Grady said that “the government is trying to brainwash people into thinking the UK has a rife compensation culture” and he went on to say that the likely outcome of the changes would mean a “much higher rate of accidents, injuries and illnesses in the future”.
Maintaining Healthy Work Life Balance Can Reduce Work Related Illnesses
Occupation health expert Dr Paul Fletcher has said that one of the keys to ensuring that an employee remains happy while at work is to maintain a positive work life balance. He also went on to say that ensuring a person remains happy and healthy while at work is not just down to the employer, although they obviously have a role to play in ensuring that employees are not at increased risk of illness or injuries.
Industrial illnesses and work related injuries cost British business billions of pounds every single year. In fact, figures from the HSE reveal that they are costing more than £13bn a year and this excludes figures for those that suffer from work induced cancer.
The most common form of work related illness is that of work related stress. 40% of work related illnesses are stress and the related problems that go hand in hand with elevated stress levels. Stress really can prove a killer and when somebody becomes stressed they are more prone to illnesses and other diseases which can further increase the healthcare cost as well as the total man hours lost to work related illnesses.
Dr Fletcher of IMASS says that while it is important that employers provide a healthy and safe environment for people to work in, it is important that employees take on some of the responsibility themselves. “You know your body and state of mind best” and he went on to say that the best approach is to “share your medical conditions with your employer – if you keep them in the dark, they can’t help you.”
The average person spends a lot of their waking hours in the workplace and this not only means that the workplace itself should be kept safe and healthy but it also means that people should be more inclined to look after their own health while in the workplace. However, it doesn’t always work out this way.
For those employees that do fall ill or suffer a workplace accident it is possible to claim compensation from an employer if negligence can be proven on their part.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Legal Aid Changes Make It More Difficult For Injured Works To Claim Compensation
Changes to the Legal Aid system mean that it is no longer possible to receive Legal Aid funding for personal injury cases and this means that if you suffer an industrial illness or work related injury then you will not be able to receive Legal Aid assistance to pay for court costs or legal fees. The changes have come under considerable scrutiny from many quarters and for various reasons – while the changes are supposed to cut down on the number of fraudulent and false claims, they may also prevent genuine claims from being filed.
Legal Aid has been cut for many types of court case, including personal injury cases. If a case is successful then the winning claimant should have most of the costs paid for by the losing party. However, they will not pay solicitor fees and this leaves considerable doubt in the minds of many injured parties.
Solicitors offering a no-win-no-fee service offer obvious appeal in these instances. The solicitor will take a success fee if they win the case but losing the case still means that there may be considerable financial penalties. It may be necessary to pay for the legal costs of the successful party and these can mount up quickly.
There are a variety of payment options and formats that are usually made available to the claimant. Solicitors may charge per hour or offer a no win no fee service. They should also provide some kind of indication regarding the likelihood of success so that the claimant can determine whether it is worth progressing. However, this doesn’t alter the fact that many people with a genuine case to claim compensation from employers will be forced to reconsider for fear of losing money on a lost case.
Workplace accidents and injuries can prove devastating. They can lead to considerable time off work as well as requiring considerable medical treatment. This is what compensation is meant to cover but the fear of not being able to afford legal costs means that many people will be forced to forego necessary treatment and they may return to work too early and exacerbate their illness or injury.
