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Each Baby Counts, an initiative led by the Royal College of Obstetricians and Gynaecologists, have recently published their second annual report  looking at the number of babies who die or are left severely disabled as a result of incidents occurring during term labour.

The report findings are based on the analysis of data from 2016 and key points include:

  • Of nearly 700,000 term babies born in the UK in 2016 the total number of babies that fulfilled the “Each Babies Counts” criteria was 1123. Of these there were 11% stillbirths, 13% early neonatal deaths and 765 severe brain injuries.
  • Of the 955 babies where the review had sufficient information to draw conclusions about the quality of care, the Each Baby Counts reviewers concluded that 674 babies, equating to 71%, might have had a different outcome with different care.
  • The main themes identified where improvements could have been made were failure by health professionals to identify or act upon relevant risk factors, issues related to monitoring of fetal wellbeing with CTG and blood sampling, and education or training issues.

 

More details on the findings and recommendations can be found by clicking here.

 

 

NHS Resolution, which was formerly NHS Litigation Authority, has published research on the motivation of patients making a compensation claim when something has gone wrong with their healthcare.

The research, which was conducted in partnership with The Behavioural Insights Team (BIT), surveyed 728 patients who had made a claim and looked at the incident that had occurred, how the patient felt it had been handled, how any subsequent complaint had been handled and the factors that led to the patient making a claim for compensation.  BIT also did an in-depth telephone interview with 20 past claimants.

The findings show that, in general, the research participants were not satisfied with the reactions of NHS staff following an incident or how their complaint was handled within the NHS.

It found that:

  • 63% of patients who responded felt that they did not receive an explanation for why the incident occurred.
  • Only 31% said they felt they had received an apology.
  • 71% of the people responding did not think that their healthcare provided undertook any actions to investigate the incident in the first instance.
  • Only 6% of respondents felt that actions were taken that would prevent the same incident happening again.
  • The majority rated the response to their complaint as ‘poor or very poor’ in terms of accuracy, empathy, speed of the response and level of detail.

 

It also found that both internal and external factors motivated patients to make a claim.  Personal motivations included:

  • Wanting to prevent similar things happening to others.
  • Wanting to receive an apology or an explanation for the incident, or to trigger a detailed investigation of the incident.
  • Wanting the clinicians involved to be held to account.
  • Emotional responses (e.g. frustration and anger) brought about by poor incident or complaint handling.
  • Financial compensation.

External motivations included:

  • Suggestions from NHS staff that making a claim would be appropriate
  • Advertising
  • Conversations with friends, family and wider social network

 

Helen Vernon, who is Chief Executive at NHS Resolution, said “This research confirms that claims for compensation can sometimes be made in the search of answers, which could have been provided when the incident occurred. Being open with patients when they suffer avoidable harm and taking tangible steps to learn from what happened are essential. We would like to thank the patients who spared the time to contribute to this valuable research, which will help us to build on our work with the NHS to improve the response when things go wrong.”

 

Full details of the research conducted can be found on the NHS Resolution website.

The Legal 500 has recognised Brindley Twist Tafft & James and recommended our Clinical Negligence department.

Seen as the leading guide to law firms and solicitors across the UK, the Legal 500 is an independent directory.

 

The 2018 results, which were recently published, recommends BTTJ’s clinical negligence department with the results reflecting the work the department covers relating to cerebral palsy, brain damage, gynaecology and orthopaedics.  Tom Barnes, Partner, and Richard Stanford, Solicitor from the Clinical Negligence department both received a special mention.  The publication recognises that Tom Barnes is ‘highly experienced‘, ‘has  a great case load‘ and ‘is popular with clients‘ and that Richard Stanford is ‘excellent‘, ‘clever‘, ‘hard working‘ and ‘canny‘.

Also recognised from Brindley Twist Tafft & James was our Corporate and Commercial department.  Samantha Wright, who is the Senior Partner at BTTJ, was recommended for her work in this field along with John Chadaway, Partner and Public Notary.

More information on the Legal 500 rankings can be found on the following links:

bttj.info/2JHjWnG

bttj.info/2JIYdvG 

 

As a qualified nurse working in the Clinical Negligence team it is likely that I will be the first person in the team that you speak with when you get in touch with Brindley Twist Tafft and James to discuss a potential claim.  It is my role to listen to people, to find out about their situation, to ask appropriate questions and to obtain the specific details surrounding their medical negligence complaint.

I know that patients who contact us about medical negligence are going through a traumatic time and that it can be difficult to speak to someone about what has happened.  It is very important that our clients and potential clients know that they are really being listened to and taken seriously;  I will always do everything that I can to support the people that I speak with, and to reassure them that their concerns are genuine.  People are often unsure if they have a case that can be pursued so we will work together to determine whether they do.

During our initial conversation with new clients I will ask questions about times, places and the events that took place.  Because of my extensive medical training and experience (12 years’ experience as a nurse working across a variety of medical settings including Emergency Care, Critical care and Community) I am able to quickly understand the medical details involved when people are describing the events that led them to get in touch with us.

Once I am content that I have obtained all of the relevant information, it is my role to present the facts of each potential case to the rest of the team.  Together we will go through what has happened and discuss how we can help you.

If we are able to help you pursue a claim, one of our specialist lawyers will be in touch to arrange an interview with you, which will normally take place in person.  This will include going through the background facts in detail as well as explaining the legal process.  One of the first steps after the interview is for us to obtain your medical records.  Once the records have been received, I use my medical training to help collate the records into a sensible order and to prepare a chronology of the key events.

Because many medical negligence cases are highly complex, we will often also instruct independent medical experts in the relevant field to assess your case and provide a formal report.

The team prides itself on obtaining the best possible settlements for all of our clients, as well as providing support throughout the whole process.

 

If you have any questions about medical negligence then  please get in touch to see how we can help.

 

John Snowdon

BTTJ Medico Legal Assistant

As a Specialist Clinical Negligence Practitioner, I work solely for clients who have suffered as a result of medical negligence.

It is my role to work with clients from their initial contact with us, all the way through to getting the best possible settlement for them.

I find that clients can sometimes feel unsure about getting in touch with a law firm; they do not know what to expect and are concerned about how daunting it may be on top of the challenges they already face due to the negligence.  When I first talk to my clients, I’ll take them through what steps are involved so that they understand what will happen during the claim process.

I am part of a vastly experienced Clinical Negligence team at Brindley Twist Tafft and James (BTTJ) who have members with specialist accreditation from the Law Society and from AvMA (Action Against Medical Accidents) and who fully understand how emotionally difficult bringing a claim may be.  We pride ourselves on making the process as straightforward as possible and do our best to put clients at ease.

Although each case is unique, the actions that I take to pursue compensation for clients that have suffered as a result of negligence can be broadly broken down into 4 main areas (which I also talk about in this video):

  • First I will obtain any relevant medical records – this helps me to establish a timeline of events.
  • Once I’ve assessed the records, I will ask an independent medical expert to assess the case and provide evidence as appropriate. At BTTJ we have a range of excellent independent medical professionals that we work with and will select an expert specific to each case.
  • Once we have received confirmation from an independent expert that negligence has occurred, I will formally make the allegations to the negligent party (the Defendant).
  • Finally I will obtain compensation for the harm that has been caused.

I support my clients throughout this whole process and am always on hand to explain what is happening and answer any questions.

If you have any queries about pursuing a medical negligence claim, please get in touch with me and I will be happy to help.

Angus Buchanan

Specialist Clinical Negligence Practitioner

 

 

About the author

Angus Buchanan joined BTTJ in 2015.  He has a law degree and has completed the Legal Practice Course and first worked as a paralegal before becoming a Specialist Clinical Negligence Practitioner.

Solicitor Cheryl Bereza & Paralegal Angus Buchanan answer some commonly asked questions about medical negligence claims in a new series of videos.

In the first 2 videos, they take a look at how you go about making a claim.

 

 

 

 

 

If you would like to discuss a medical negligence case, please get in touch with us.

 

 

drip in hospital

 

Sepsis (also known as septicaemia or blood poisoning) is a life threatening condition where the body responds to an infection. The infection can start in any part of the body and can be localised or widespread.  If it is not recognised at an early stage it can lead to shock, multiple tissue damage and potentially death.

 

There are around 123,000 cases of sepsis a year in England of which sepsis results in approximately 37,000 deaths.

Patients with sepsis usually experience one of the following symptoms:-

–          Slurred speech

–          Extreme shivering or muscle pain

–          Passing no urine

–          Severe breathlessness

–          Mottled or discoloured skin

 

Antibiotics are the main form of treatment for sepsis, which depending on the severity of the condition, will usually be given directly into a vein (intravenously). To reduce the risk of serious complication or death, antibiotic treatment should ideally start within an hour of diagnosis.

 

Therefore, if there is a failure to start antibiotic treatment promptly or failure to give the correct antibiotics this may result in the treatment not being as effective, resulting in serious consequences. This in turn can have a devastating impact on the patient and their family.

See the recent case below regarding a patient not being given the correct antibiotics:

https://www.careappointments.co.uk/care-news/england/item/44479-payout-for-cancer-patient-s-family-after-hospital-admits-failures-in-care

 

If you think you or a member of your family has suffered due to an error in the treatment of sepsis, please contact our specialist medical negligence team.

 

I have been reading a number of articles over the last month about the stresses on our NHS in their 70th year.

The government have recently confirmed that the NHS will receive considerably higher funding over the next 5 or so years than they have done previously, in an effort to prop up this ailing service.  But is it enough?   The article below suggests not.

http://www.nationalhealthexecutive.com/Comment/nhs-funding-below-the-surface

I have to assume that as this article is written by the National Health Executive the facts are correct.  If so, clearly we need to invest much more into our NHS to secure its future for ourselves and our children rather than just enough to keep it going.

Another article by the National Health Executive (see below) is also a cause for concern, particularly when combined with the facts in the article above.  It would seem that high vacancy or high turnover is currently a problem with many senior roles.

http://www.nationalhealthexecutive.com/Health-Care-News/third-of-nhs-trusts-have-at-least-one-vacant-director-role-due-to-near-toxic-pressures?dorewrite=false

Settlements for the most serious of clinical negligence claims have increased recently due to a change made by government in interest rates.   This also affects the finances of the NHS.  Here is an example of the larger settlements made in serious cases.

http://www.itv.com/news/anglia/2018-07-18/child-model-with-cerebral-palsy-awarded-15m-damages-from-nhs/

We here at BTTJ deal with cases like this on a daily basis.   We always try to ensure that the NHS is aware of the potential cost to them of the cases we are dealing with so that they can budget for that potential cost going forward as these cases may take many years to settle.

I strongly believe that if a patient is injured as the result of the negligence of any member of NHS staff, that patient is entitled to full compensation to put them back, so far as is possible, into the position they would have been in had the incident not occurred – or to provide for any care they will need as a result of that negligence.  However I am also concerned that the funding available to the NHS is creating a vicious circle in that it has insufficient funds to properly equip and staff itself which leads to mistakes being made.  This in turn leads to payments for legal settlements which leaves less in the pot for equipment and staffing costs.

What can we do to prevent this?

There is little that we as solicitors can do other than support any lobbies to government to increase its spending in the NHS.

What we can also do is try to work with the NHS to settle any claims we are dealing with efficiently and in the most cost effective way we can whilst ensuring our clients receive the compensation they are entitled to and indeed often need to support their ongoing needs.  We at BTTJ have been doing this for many years now and will continue to do so to the best of our ability.   The team here at BTTJ are highly experienced and have a long history of working closely with the NHS legal team to bring about settlements that provide full restitution for our clients without running up costs for the NHS unnecessarily.

If you need any help, please call me on 024 7653 1532 or email me at Dawn.Slow@bttj.com

 

About the author

Dawn Slow has over 30 years experience dealing with clinical negligence cases of all types.  She is also Secretary to LLR CBIT Family Support Group and Trustee of LLR Headway and Vice Chair of Fundraising, Media and Politics Committee.

A No Win, No Fee Agreement is also known as a Conditional Fee Agreement and enables you to make a claim for compensation, with no financial risk to you and without paying any legal fees upfront.

In the event of your claim being unsuccessful for any reason, you will not have to pay any legal fees either to us or your opponent.

This means that those who might otherwise have been unable to pursue a claim with the worry of escalating legal costs are now able to do so without concern.

At BTTJ we offer No Win, No Fee Agreements on all types of Medical / Clinical Negligence cases.

 

If you have a query about a medical negligence claim and how No Win, No Fee works, please get in touch with me on 024 7653 1532 or email me at lynette.walsh@bttj.com

 

About the author

Lynette Walsh advises and represents clinical negligence claimants and has more than 14 years experience.  She is also an Accredited Member of the Association of Personal Injury Lawyers and Law Society Panel.

Action against Medical Accidents (AvMA) is a charity for patient safety and justice.  They provide support and  free independent advice to people who have been affected by medical accidents.

They have made the video below which highlights how they were able to help in a case of medical negligence.

 

BTTJ Solicitors Tom Barnes and Richard Stanford are both AvMA panel members.  If you feel you have suffered from medical negligence, please get in touch.

 

 

Results of breast cancer screening

 

Cancer is one of the most common illnesses in the UK and causes thousands of deaths every year.  It is caused by a change in the body’s cells.

There are more than 200 different types of cancer including:-

  • Brain tumours
  • Bowel / Colorectal cancer
  • Breast Cancer
  • Liver cancer
  • Bone cancer
  • Lung cancer
  • Oral / mouth cancer
  • Testicular cancer
  • Spinal tumours

Oncology is the branch of medicine concerned with the study, diagnosis, treatment and prevention of cancer.

A medical practitioner should reasonably suspect and refer a patient for investigation that should lead to diagnosis and treatment.

However, if there is a failure or delay in diagnosis this may impact upon life expectancy, the treatment options and how long treatment will last.  This can have devastating effects for the patient and their family.

 

See the recent case reported of a delay in diagnosis: http://www.dailymail.co.uk/health/article-5754873/Grandmother-73-died-NHS-doctors-failed-FIVE-TIMES-detect-bladder-cancer.html

If you think you or a member of your family have suffered a failed or delay in diagnosis of cancer please contact our specialist medical negligence team.

 

We were very pleased to wear our hats at BTTJ and raise money in support of Hats for Headway during Action for Brain Injury Week.

 

BTTJ Medical Negligence staff

Headway are a great charity who support and provide rehabilitation to people affected by brain injury.  Headway LLR raised over £300.

 

 

 

hip surgery

 

For anyone who has been affected by the DePuy Hip Replacement claims, there is a very good article which explains, in some detail, how these claims arose and the history behind them along with an explanation of how and why the Court came to their recent decision that DePuy were not negligent in the manufacture of the various metal on metal hip prosthesis.

Click here to read more: https://www.linkedin.com/pulse/case-analysis-colin-gee-others-v-depuy-limited-2018-james-bell

 

If you have any questions, please give me a call on 024 7653 1532

 

Dawn Slow

Results of breast cancer screening

The Health Secretary, Jeremy Hunt, has apologised for an IT error which resulted in 450,000 women failing to receive letters inviting them to routine breast cancer screenings.

All women registered with a GP and aged between 50 and 70 should be automatically invited for breast cancer screening every 3 years.  They should receive their final invitation for screening between the ages of 68 and 71.

A ‘technical glitch’ dating back to 2009 was responsible for over 450,000 women aged between 68 and 71 failing to receive invitation for screening letters.

Jeremy Hunt has admitted that, based on statistical estimates of the rates of cancer caught in women screened, around 270 lives have been shortened as a result. He has confirmed that there are many women who may have potentially had their cancer caught at an earlier stage had they had the screening. Jeremy Hunt said that “Tragically there are likely to be some people in this group who would be alive today had this failure not happened”.

The government has today ordered an independent inquiry and confirmed that women affected will be contacted, with some likely to be owed compensation.  An apology will be provided.

All those under 75 will automatically be sent an invitation to a catch-up screening. For women aged 72 and over, a helpline to decide if a screening is appropriate will be available.

Sadly, families now face the possibility that their loved one may have missed the opportunity for earlier diagnosis and a better outcome.

 

Concerns over operations performed by a Consultant Neurosurgeon at University Hospital in Coventry, Mr Hussien El-Maghraby.

Following a request to review four individual cases, Surgeons from the Royal College of Surgeons carried out an inspection in September 2017  where it has been suggested that they criticised two brain surgery operations where the patients went on to die.

Mr El-Maghraby was stopped from performing two surgical procedures consisting of complex spinal operations and brain surgery whilst the patients remain awake without further training and mentorship.

You can read the full BBC story here