Archived Legal Articles from 2020

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Clinical Negligence


How is the cost of non-professional care claimed in a case?


The idea of compensation is to put the injured person back in the position they would have been in, before their injury. The purpose of an award for non-commercial care is 'to enable the voluntary carer to receive proper recompense for his or her services. (Hunt v Fevers 2004 AC). When…

COVID and The Duty of Care


The NHS have been through a difficult time over the last few months. Back in March we were standing on our doorsteps supporting them, clapping our hands and banging our pans. Our day-to-day lives have continued to be restricted and we are facing a difficult winter where the NHS will be stretched even…

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Negligence & COVID


As we enter into a countrywide lockdown for the 2nd time, the NHS is likely to face significant strain once again. In March and April, as the number of COVID19 cases and deaths were increasing, the number of patients seen face to face in primary care fell sharply. GP's were facing a difficult…

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What can the placenta tell us about a birth injury claim?


The placenta develops alongside the fetus in pregnancy supplying the fetus with oxygen and nutrients and removing waste. It is responsible for hormone production to support the pregnancy and provides protection against internal infection and transfer of protective antibodies to the baby. It joins the…

Statutory Bereavement Award Finally Extended to Cohabitees


After a long and arduous journey that started in 2017, The Fatal Accidents Act 1976 (Remedial) Order 2020 is finally set to come into force on the 6th October 2020, providing an amendment to extend the scope of people entitled to statutory bereavement awards, to cohabitees. The amendment to the law…

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Avoidable Deaths in the NHS


The Daily Mail recently reported that Mr Hunt, previous Health Secretary and now Chairman of the Commons Health Select Committee has reported that ¾ of hospitals are refusing to publish reliable data on the number of avoidable deaths of patients in their care. Only 15 out of 59 hospitals have…

Half of patients struggle to get appointments with their local GP


It has recently been reported that patients are struggling to book an appointment with their GP because of the current crisis. More than half of patients who have tried to book an appointment, have struggled. In July, all GP practices received a letter from the chief executive of NHS England, advising…

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How is COVID-19 going to affect the value of your claim?


General damages (injury award) This is unlikely to be affected. General damages are assessed in line with the Judicial Studies Board guidelines and on past case law. Loss of Earnings If there is going to be an economic downturn it could affect the sector in which the Claimant was working…

Update: Doctors Challenging the Government Over PPE


Further to our previous article " Doctors Challenge the Government Over PPE ", the doctors have now issued a High Court Challenge against the Government. The Telegraph reports that the claim for judicial review has been lodged with the Court by the Doctors' Association UK, Hourglass (a…

Covid-19 and the NHS: Is it Business as Usual or Unusual?


As lockdown begins to ease, more businesses are starting to open up in a bid to get back to 'normal' (or the new normal) but what does this mean for the NHS getting back to 'normal'? During the pandemic, the NHS understandably closed many services to protect both patients and staff…

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Doctors Challenge the Government Over PPE


Married doctors, Dr Meenal Viz (a clinical fellow) and Dr Nishant Joshi (a GP trainee), who are both employed by the NHS, have launched a legal challenge over the guidance by the government on personal protective equipment (PPE), as they say it has exposed them to Covid-19. The Guardian reports…

Maternity Scandal - Update


Further to our previous article, The Maternity Scandal published on 4th December 2019, The Independent has now reported that the number of cases under investigation has increased from around 600 to 1,170. Despite the Covid-19 pandemic, the review is continuing into the maternity care at the…

Covid-19: Should emergency measures excuse medical negligence?


The extra demand and pressure placed on the NHS because of the COVID-19 outbreak has led to emergency measures within the health service. Retired doctors have been called back into service, while final year medical students have started work early and in primary and secondary care, doctors are working…

Covid-19: What Does This Mean for Your Clinical Negligence Complaint


Due to the COVID-19 outbreak, the NHS has 'paused' the investigation of some new and existing complaints. This is to let staff focus on patient care, as well as allowing complaints teams to provide vital support to the NHS and allow all healthcare providers in all sectors to concentrate their…

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Mediation and the NHS


Mediation is a way to resolve clinical negligence and personal injury claims without the delays of a trial, cost, uncertainty and stress of going to court. It is increasingly used in clinical negligence cases to narrow the issues or resolve the case. With a trend towards this type of resolution…

Ovarian Cancer Awareness Month


March is ovarian cancer awareness month and here at Forbes we understand the importance of early diagnosis. In the UK the five-year survival rate for ovarian cancer is below the European average. The common symptoms of ovarian cancer included on the NHS website are: · feeling…

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The Paterson Inquiry: What You Need to Know


You may remember the headlines about Ian Paterson, the cancer surgeon, who treated thousands of patients and performed botched and unnecessary operations in NHS and private hospitals, as well as exaggerating or inventing cancer risks and claiming payments for more expensive procedures over a 14-year…

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NHS facing huge clinical negligence fees


There has been a number of recent news articles in relation to the NHS facing huge clinical negligence fees. The article on the BBC states that, through a Freedom of Information request, it has come to light that the NHS in England faces paying out £4.3billion in legal fees to settle outstanding…

Are You Blood Cancer Wise?


Bloodwise, the UK's leading blood cancers research charity, has analysed NHS data in England and found that 28% of patients diagnosed with blood cancers are done so via emergency admissions to hospital rather than via their GP, which is significantly higher than cancers on average, which is 19…

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