Archived Legal Articles from 2021

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Clinical Negligence

December

Parents of Still Born Baby to Receive £2.8m due to NHS Clinical Negligence

14/12/21

Losing a baby from a still birth is of course a tragic situation to experience in any event. The negligence of medical staff may contribute and, in some cases, be the cause of the unfortunate and heartbreaking situation of losing a baby. A recent case has been settled for £2.8m compensation being…

Showjumper Star sued GP for 'wrongful conception' in a Landmark Legal Case

07/12/21

In the case of Toombes v Mitchell , the High Court explained the correct interpretation of the Congenital Disabilities (Civil Liability) Act 1976 s.1 when determining whether a clinical negligence claim brought by a woman who was born disabled amounted to a "wrongful life" claim. In this…

Pressures and Constraints in General Practices

01/12/21

In recent times there has been a rise in problems in GP surgeries, and these problems have been exacerbated because of the COVID-19 pandemic. These problems arise as a consequence of all-around pressures. These current pressures lead to GPs missing red flags when examining patients due to various…

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November

Morecambe Bay NHS Trust: Urology Review Findings

29/11/21

NHS England recently published on November 24, the independent review into the urology department at the University Hospitals of Morecambe Bay NHS Foundation Trust which runs the Royal Barrow-in-Furness Infirmary, Westmorland General Hospital in Kendal and Furness General Hospital in Barrow-in-Furness…

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October

Missing Lung Cancer

29/10/21

The Healthcare Safety Investigation Branch HSIB have recently published an article about missed detection of lung cancer on chest x-rays. It reports that about 20% of lung cancers are missed resulting in a delay in diagnosis. Tragically lung cancer is often incurable. As with many cancers the…

Issuing Court Proceedings on behalf of a Deceased Claimant

22/10/21

When a person dies as a result of clinical negligence there can be uncertainty as to how that claim for compensation/damages is continued. There remains an entitlement to a claim for the pain and suffering caused as a result of the negligence, and also any financial loss. In this article we explore…

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September

National Eye Health Week

21/09/21

This week is National Eye Health Week which looks at how important it is to protect our eyesight. Looking after our eyes is vital, especially during the childhood years, while the organs are still developing. Myopia, also known as short-sightedness, is thought to affect one in three people in the UK and…

Sepsis Awareness Day

13/09/21

World Sepsis Day is held on September 13th every year and is an opportunity for people to raise awareness about sepsis. Sepsis accounts for at least 11 million deaths worldwide annually. What is sepsis? Sepsis is sometimes called septicaemia or blood poisoning. It happens when your immune…

Alarm raised over remote GPs

10/09/21

On the 10th of September the Times reported on concerns raised about the deaths of six patients seen remotely by GPs during the pandemic. The reported issues included suicide, a broken leg, COVID-19 and a drug overdose. Alison Mutch, Senior Coroner for Greater Manchester highlighted five prevention…

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June

Pressure Sore Negligence Claims

29/06/21

Pressure sores are also known as 'bed sores'. The clue is in the name, as they are often associated with being less mobile, often in a care setting. The fact that a person has been hospitalised makes them vulnerable to immobility, and it goes without saying that the patient is poorly. This…

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May

A Sting in the Tail - What to look for in a Cauda Equina Syndrome Case

26/05/21

Cauda Equina syndrome is a rare and severe type of spinal stenosis. It occurs when the nerves in the lower back become severely compressed. It's sometimes a result of a prolapsed disc bulge and requires urgent hospital admission and timely surgery. The longer it goes untreated, the greater the…

Retinal Detachment

25/05/21

Retinal detachment is a serious condition which can lead to blindness if not dealt with quickly. Common complaints are floaters, flashes or shadows. Most people will contact there optician in the first place. We have dealt with a number of cases in recent times where opticians have failed to appreciate…

Baby death raises questions over maternity care

21/05/21

The BBC have reported on a shocking baby death during delivery at the Doncaster Bassetlaw Teaching Hospitals NHS Foundation Trust. A request for information by BBC's Panorama Program raised significant safety concerns. The mother of Clay Wankiewicz was admitted to Doncaster Infirmary last…

AI radiographer will lend a hand with wrist injuries

19/05/21

The Times newspaper recently reported advances in artificial intelligence (AI) to help detect fractured bones that might otherwise be missed by radiologists. This sounds like an exciting development, particularly in relation to wrist fractures, where a fracture of the scaphoid bone is often…

Mental Health Awareness Week

14/05/21

You arrive at depression, anxiety and suicidal ideation when you can't escape an issue in your head, be the pain of fibromyalgia, or a trauma, or any other pressing issue. Mental Health Awareness Week presents an opportunity to look at how society and health services manage these issues. The…

Melanoma Skin Cancer Awareness Month

12/05/21

Melanoma UK have launched a public awareness campaign urging people to go on the hunt for the estimated missed 4,358 melanomas missed during the pandemic.* Melanoma is a type of cancer that starts in skin cells called melanocytes which make a pigment called melanin which gives the skin it's…

Looking After Your Mental Health Post Lockdown #MentalHealthAwarenessWeek

10/05/21

It is important now more than ever to look out for signs of mental health problems, identify symptoms and to be there for anyone struggling. As a result of the pandemic, Dr Adrian James, President of the Royal College of Psychiatrists warned of an escalating mental health crisis " As a result…

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April

#BowelCancerAwarenessMonth A Guide to Bowel Cancer

07/04/21

What is Bowel Cancer? Bowel Cancer, also known as Colorectal cancer includes large-bowel cancer (colon cancer) and rectal cancer. The large bowel has five sections (ascending colon, transverse colon, descending colon, sigmoid colon and the rectum). Cancer develops as a result of cells changing and…

#BowelCancerAwarenessMonth - Not just an older person's disease

07/04/21

Bowel Cancer is the fourth most common cancer in the UK and the second biggest cancer killer*. On the 28th of August 2020, Chadwick Boseman Star of 'Blank Panther', died aged 43 after a four-year battle with colon cancer, a stark reminder that colon cancer is not just an older persons disease…

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February

Victoria Coe -v- Dr Manjooran -

23/02/21

This was a Clinical Negligence claim against the Claimant's GP for failing to identify an abdominal condition, despite carrying out blood tests and failing to advise the Claimant of the results which resulted in her being admitted to Hospital for emergency treatment and surgery, where she was an…

Hospitals Failing to Test for Deadly Pregnancy Bacteria Group B Strep

10/02/21

Last week The Times reported on the issue of UK hospitals failing to carry out a test to check whether pregnant women have the potentially deadly bacteria Group B Strep, despite guidelines from Public Health England and the Royal College of Obstetricians and Gynaecologists (RCOG). The test costs just…

National Apprenticeship Week

10/02/21

National Apprenticeship Week began on 8 February. This year's theme is 'Build The Future.' With 20 years of experience in progressing employees through apprenticeships, Forbes Solicitors has helped build futures and this year has been no different and has been as successful, despite the…

The Fundamental Test for Clinical Negligence and How It Has Evolved.

03/02/21

There is a distinction between a complaint and a clinical negligence claim . The NHS Complaints Procedure can address the former, but if a claim for compensation is required it is done through legal action. There is a threshold test from a case of Bolam v Friern H.C.C (1957), which has formed…

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January

Cervical Cancer Awareness Week

18/01/21

During cervical cancer awareness week, it seems appropriate to highlight the benefits of this screening. The NHS estimate that if everyone attended screenings regularly 83% of cervial cancer cases could be prevented. Cervical screening currently prevents 70% of cervical cancer deaths. It is offered…

What will the Ockenden Report mean for maternity services and NHS England?

11/01/21

The Chair Donna Ockenden has been tasked with leading the inquiry into more than 800 allegations of poor care at the Shrewsbury and Telford Trust dating back 40 years to the 1970s. The team of experts led by Donna Ockenden will review "multiple maternal deaths, many avoidable baby deaths and many…

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