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Crackdown on Fake Injury Claims
The Ministry of Justice have announced measures to reduce the amount paid out by insurance companies for fraudulent cases. Courts will be given more powers to throw out cases where claimants have been dishonest.
Other changes include putting a stop to compensation culture by banning firms offering free incentives such as iPads and upfront cash payments. A Ministry of Justice spokeswoman says they intend to ban all inducements such as “welcome payments, free gifts, cash advances and discounted services.”
The reforms are intended to reduce car insurance premiums for honest drivers which are forced to pay higher premiums as a result of fraudulent payouts pushing up costs.
Association of British Insurers director general Otto Thoresen said: “These changes are a very positive development for the vast majority of honest insurance customers who end up paying for the fraud of the minority.”
Currently the courts can pay compensation to individuals even if it is found their injuries have been exaggerated. Under the new rules the courts would be required to block all compensation payouts unless it is determined a serious injustice has taken place.
Justice secretary Chris Grayling says the changes will lead to smaller premiums for drivers and that the changers will be put into legislation before the end of the current parliament in May 2015.
Improved medical examinations will also be introduced to reduce the number of bogus claims. People suffering from whiplash will be required to undergo an examination by an independent professional working for a fixed fee.
The changes are also intended to reduce the compensation culture in workplaces where workers file for compensation for “slips and trips”. Workers won’t be able to receive compensation without evidence of injuries sustained to them.
According to the Association of British Insurers, the number of dishonest insurance claims reach 59,000 in 2013, costing the industry £811 million. In spite of the rise in fraudulent claims, insurance premiums have fell by £100 in the last year which shows how far measures have already gone to tackle insurance fraud.
The Ministry of Justice has been assured that the savings to insurance companies will be passed onto consumers.
Woman Hospitalised After E-Cigarette Explodes
A woman from Pembrokeshire has suffered serious burns after her electronic cigarette exploded while she slept. The electronic device was being charged in a USB socket only intended for iPhones and iPads.
Lucy May, 22, was woken up by the sound of the blaze in her room and says she would have died if she hadn’t woken up sooner. Miss May suffered burns after the bed she was in caught fire.
Office manager Ms May said: “I had my e-cigarette on charge and went to sleep – next thing I knew I woke up to a fire.”
The device had ‘exploded like a bullet’ and caused hundred of pounds damage to her duvet, bag and clothing as well as causing extensive damage to the walls and carpet in her bedroom. She was taken to Morriston Hospital and treated for third degree burns to her legs, hands and the bottom of her abdomen.
Lucy had purchased the e-cigarette from a market for £35 to help her quit smoking. After a weekend away she put the eGo e-cigarette on charge but wasn’t aware the USB charger was too powerful for the device.
Her family are urging anyone who owns an e-cigarette to read the instruction before charging. them
Earlier this year a blaze occurred in East London which was believed to have started when an e-cigarette exploded while charging. Fire chiefs said it was likely the e-cigarette exploded due to overheating. The blaze was tackled by 20 firefighters and led to one lady being admitted to hospital for burns.
In April this year, a pensioner at Wythenshawe Hospital was engulfed in flames when she used an e-cigarette while on oxygen in her hospital bed, the fire caused serious burns to the 65 year old.
Many believe e-cigarettes are a safer option than normal cigarettes, which they often are however “The danger is that people sometimes use incorrect chargers which runs the risk of overcharging, which can potentially have explosive results.” said fire investigator Charlie Pugsley
When purchasing an e-cigarette it is important that it is purchased from a reputable source and that they aren’t charged longer than the recommended period.
Hospital Admits to Errors Causing Childs Death
Stoke Mandeville Hospital has admitted to a number of errors they made which resulted in the death of a 4 year old boy, Oliver Blockley. The young child was given a 95% chance of living when admitted to hospital and later died after the NHS trust made 28 mistakes in his care.
Oliver Blockley was admitted to hospital with symptoms of vomiting and diarrhoea. He was misdiagnosed with gastroenteritis, an illness that can’t be treated with antibiotics which means he wasn’t given the medicine that would have saved his life.
A blood test should have picked up that Oliver had Strep A, an invasive form of sore throat bacteria. The tests showed he was severely dehydrated and was headed for septic shock yet doctors continued to refuse him antibiotics and fluids. Throughout the night the doctors and nurses failed to identify Olivers unusually fast heartbeat and rapid breathing.
Hours after entering hospital, Oliver went into septic shock and suffered cardiac arrest which led to his death. His mother, Jennifer Blockley, was initially denied information about the chances her son had of surviving if medics had acted sooner. Even after the death nurses continued to tell Ms Blockley that Oliver died due to a stomach bug.
The trust admits that Oliver would have survived if it wasn’t for the negligent care he received while in the hospitals care. They admit he didn’t receive the proper medication, fluids or supervision required.
Anne Eden, chief executive of Buckinghamshire Healthcare NHS Trust has said the investigation will be as transparent as possible. A letter of apology has been written to the boys family in which it admits to 28 counts of clinical negligence.
Ms Eden has revealed a number of changes have been made including improving the early warning process for recognising when a child’s condition is deteriorating, improving how they treat gastroenteritis and the use and types of fluids given to patients.
The family’s solicitor Laura Cook, of Darby’s Solicitors, said: “It’s another sad example of the NHS only admitting to mistakes after legal action is taken, putting the family through additional stress at what is already such a traumatic time.”
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.
MP Warns That Doctors Are Afraid Of Innovating
Conservative MP Michael Ellis has said that doctors are too scared to innovate for fear of being sued. He made his comments while moving a motion calling for a Medical Innovation Bill. The proposed bill aims to ensure that all doctors can be innovators and that all willing patients can be research patients. Mr Ellis said that greater approval would be required before patients could be used for innovative testing but that it would open the way for doctors to be able to find cures for diseases like cancer.
Medical negligence claims have risen considerably in the past few years. Last year alone the NHS paid out £1.2bn in compensation to those that successfully brought negligence claims against doctors. Patients that have suffered illness or endured any form of loss as a result of negligence on the part of doctors have a right to claim compensation but, according to Mr Ellis, the increasing likelihood of litigation means that many doctors are afraid to innovate.
While the quality and treatment received by NHS patients in the UK is typically very high, accidents and mistakes do happen. In cases where doctors and other healthcare professionals are found to have been negligent and the patient suffers some form of loss, it is possible for the patient to claim compensation.
The amount of compensation that a claimant is due will depend on the type and severity of the injury that they suffered. While minor injuries can attract claims of a few thousand pounds, more serious and long-term injuries may lead to several hundreds of thousands or even millions of pounds. Medical negligence claims of these types are meant as recompense for lost earnings and to cover any expenses that the patient has to meet.
Despite Mr Ellis’ claims, patients that have endured additional illness or injury as a result of action or inaction by their doctors do have a right to claim compensation. Mr Ellis, however, points out that while doctors are afraid to offer innovative treatment options when all other options have been exhausted, they should be free to do so without fear of recrimination. What’s more, patients should be allowed to undergo innovative treatment offered by their doctors.
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.
Medical Negligence Mortality Rates In The UK Among Highest In The Western World
The debate over medical malpractice and medical negligence claims in the UK have taken another twist as Professor Brian Jarman of Imperial College, London, has published figures that show the NHS has some of the highest mortality rates of any Western country. NHS patients are considerably more likely to die than those in the USA and many other countries. Pneumonia and blood poisoning are among the worst problems.
Medical negligence claims have been in the headlines, following a call for fewer claims to be brought against doctors and healthcare professionals. Supporters of medical negligence litigation argue that the compensation paid to victims is just because it enables them to recover from injuries and illness that were caused by the action or inaction of a doctor or healthcare professional. The money is used in order to cover lost earnings and other expenses faced by the patient.
Professor Sir Brian Jarman is emeritus professor at Imperial College, London. For the past ten years he has been collecting data on mortality rates in seven countries, including the UK and US as well as five unnamed countries. Using this data, he has created an index of mortality figures. The Index has a base rate of 100, which represents an expected level of mortality. Figures above 100 mean a higher than expected mortality rate while figures below 100 represent fewer deaths than expected.
According Prof. Jarman’s results, collected and calculated for the past ten years, England had the highest death rates and highest Index of the seven countries. Although figures have improved over recent years, in 2012 NHS patients were still 45% more likely to die than patients in the USA. Patients aged over 65 fared worse and a number of factors were highlighted as being potential causes.
The NHS is unique in many ways, being tax funded and free to use at the point of service. This means that patients do not have to worry about the cost of treatment when they do fall ill, but high mortality rates and high medical negligence claim figures could point to potential problems that need addressing in order to provide NHS patients with a safe and reliable service.
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.
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.
Criminals Claim Over £1m In Community Service Compensation
It has been revealed that criminals completing their community service work have claimed more than £1m in compensation in the last year. One of the most recent cases saw a man claim £73,000 after hurting his ankle while climbing a fence to cut back brambles. It has emerged that an estimated £1.4m is spent every year meeting compensation claims from those conducting community service with awards reaching as much as £94,000 and for a variety of different types of accident.
The compensation culture in the UK has come under heavy criticism in the past few years with the government looking for ways to reduce the annual bill associated with personal injury claims such as accidents at work and criminal negligence cases. However, it has emerged that around £1.4m is paid in compensation every year to those conducting community service. Probation Service bosses have defended the payments, claiming that proper supervision should be provided and that everybody that is part of the Community Payback service should be guaranteed their safety.
One man claimed £73,000 after hurting his back when climbing over a fence to cut brambles. £95,000 was awarded to one worker after breaking his arm while falling from a ladder and another received £19,000 for hurting his back while using a wheelbarrow.
The £1.4m figure takes into account payments to offenders and staff of the Probation Services. There are 35 Probation trusts across the country and a spokesperson for the organisation said that it was their responsibility to ensure that offenders and staff were offered an appropriate degree of safety while conducting their work. He went on to say that compensation was only awarded following sound legal advice and that “vexatious claims are challenged”.
Such accidents are considered similar to accident at work claims, and in these claims it is the responsibility of employers to ensure the safety of everybody under their employ. Assuming similar responsibility falls upon the Probation Service then this means that similar compensation will be paid. However, councillors and a number of groups and organisations have spoken out about the figures with a spokesman for the Taxpayer’s Alliance saying that “prisoners and even some prison guards are exploiting Britain’s crazy compensation culture.”
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.
Compensation Claim Dropped By Policewoman
A policewoman that tripped and hurt her ankle while investigating a crime has dropped her claim for compensation. The Police Federation said that although she was not seeking vast sums of money she has now decided to drop the claim and that she hopes the government and police force can address any wider concerns over the issues faced by the public. The accident occurred at a Filling Station in Thetford.
PC Kelly Jones had been invstigating a break-in at the Nuns’ Bridges Filling Station in Thetford , Norfolk. During the course of the investigation, Ms Jones and the owner of the filling station, Steve Jones, were checking the outside of the building for signs of break-in when Ms Jones tripped on a kerb and injured her ankle and wrist. The WPC was claiming that Mr Jones had not adequately ensure her proper safety during the course of the investigation.
The case gained a lot of media spotlight and it was not overlooked by government either. Home Secretary, Theresa May told the Police Federation’s annual conference that she did not want a situation where people were afraid to report crimes to the police for fear of being sued and that she wanted to stop “frivolous claims” being made by police officers. She went on to say that suing a member of the public following an accident on private property is not the kind of attitude that the police should have.
The Police Federation represents police officers up to the rank of chief inspector and they covered the legal costs on behalf of Ms Jones. In April it emerged that Ms Jones may have been entitled to as much as £50,000 in compensation but the mother of two has always stated that she only wanted enough to cover her loss of earnings.
Not only did the public and the Home Secretary round on Ms Jones, but her own superior officers also stated that suing members of the public was not the way of the police and that it would undermine the confidence and trust that the public had in the modern police force.
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.
