Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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Grieving parents told to ‘not pick fight with the NHS’ – Daily Telegraph

Posted July 20th, 2016 in bereavement, children, doctors, families, hospitals, news, standards by tracey

‘The parents of a toddler who died after doctors missed signs of sepsis were told not to “pick a fight with the NHS, you will lose” when they questioned the quality of his care. The revelation emerged following publication of a damning report that accused the organisations responsible of being incapable of accepting their shortcomings in the case.’

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Daily Telegraph, 19th July 2016

Source: www.telegraph.co.uk

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Pregnant mental health patient ‘pinned to floor’ – BBC News

Posted July 18th, 2016 in hospitals, mental health, news, pregnancy, restraint by sally

‘A mental health trust has launched an investigation after a heavily pregnant patient was allegedly dragged from a seat and pinned to the floor by staff.’

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BBC News, 16th July 2016

Source: www.bbc.co.uk

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Surrey and others v Barnet and Chase Farm Hospitals NHS Trust – WLR Daily

Surrey and others v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB)

‘Three separate cases involving clinical negligence litigation against the defendant hospital had been proceeding for several years prior to 1 April 2013. Under new legislation coming into force on 1 April 2013, a claimant entering into a conditional fee agreement (“CFA”) from that date would be unable to recover success fees and after the event (“ATE”) insurance premiums from the defendant if successful in the litigation. In each case the claim had initially been advanced with the benefit of legal aid, but in the month prior to 1 April 2013 the claimant’s solicitors, with the agreement of the claimant’s litigation friend, arranged for the legal aid certificate to be discharged and for the claim henceforth to be funded by a CFA to preserve the ability to recover the success fee and ATE premiums. In none of the cases was the litigation friend informed that the consequence would be the loss of the recognised 10% uplift on general damages. In each case the defendant challenged the successful claimant’s bill of costs, in so far as it sought to recover the success fee and the ATE premium, contending that the litigation friend’s decision was based on materially unreasonable advice (by reason of the omission to mention the 10% uplift) and that, since the burden was on the receiving party to establish that a cost was reasonably incurred and it was unknown what decision would have been made had proper advice been given, the doubt as to whether the additional costs were reasonably and proportionately incurred should be resolved in favour of the paying party. The costs judge in each case upheld the defendant’s challenge to those items, holding that the changed funding arrangements were not reasonable. Each claimant appealed, contending that the reasonableness of the decision to change funding had to be objectively assessed, so that the quality of any antecedent advice given to the claimants’ litigation friends was irrelevant.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Boy left with brain injuries at birth receives £11m compensation – The Guardian

‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’

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The Guardian, 6th July 2016

source: www.guardian.co.uk

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Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

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Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

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Patient ‘lay dead’ in London A&E for ‘hours’ before being found – BBC News

Posted July 6th, 2016 in doctors, hospitals, news, nurses, quality assurance, standards, statistics by Mark L

‘A patient lay dead for up to four-and-a-half hours before being spotted at one of the busiest A&E departments in the country, inspectors have revealed. A review of North Middlesex University Hospital by the Care Quality Commission also found there were too few competent doctors who were able to assess and treat patients at night.’

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BBC News, 6th July 2016

Source: www.bbc.co.uk

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Every children’s intensive care unit to be probed amid crowding fears – Daily Telegraph

Posted June 30th, 2016 in children, complaints, hospitals, inquiries, news, reports by tracey

‘The NHS is to review every children’s intensive care unit in the country amid concern that services are struggling to cope. An investigation into a string of deaths in Bristol Royal Hospital for Children has warned of risks that “heavy strains” are being placed on families because England’s 27 units are overstretched.’

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Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

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Families hope for answers in Bristol review of hospital child deaths – The Guardian

‘The parents of young children who died on a controversial cardiac ward have spoken of their fears that they might not get the answers they crave ahead of the publication of an independent inquiry into their sons’ care.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

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Southern Health trust accepts responsibility for teenager’s death – The Guardian

Posted June 10th, 2016 in compensation, disabled persons, hospitals, negligence, news by sally

‘The family of an 18-year-old man who drowned following an epileptic seizure while under the care of Southern Health NHS foundation trust has been awarded £80,000 compensation.’

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The Guardian, 9th June 2016

Source: www.guardian.co.uk

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‘Comedy of errors’ left baby legally fatherless, judge reveals as he criticises NHS clinic – Daily Telegraph

Posted June 9th, 2016 in birth, children, consent, hospitals, news by sally

‘Britain’s top family judge has criticised a “comedy of errors” at a top NHS fertility clinic that left a baby in danger of being left legally fatherless.’

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Daily Telegraph, 8th June 2016

Source: www.telegraph.co.uk

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More than 1,200 FGM cases recorded across England in three months – The Guardian

‘Midwives have called for renewed efforts to tackle female genital mutilation (FGM) after more than 1,200 cases were recorded across England in just three months. This includes 11 Britons who were identified as being subject to FGM.’

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The Guardian, 9th June 2016

Source: www.guardian.co.uk

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NHS watchdog to weigh cost of HIV prevention drug Prep – BBC News

‘The NHS watchdog NICE has been asked by government to look at the cost of providing an HIV prevention treatment known as Prep.’

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BBC News, 7th June 2016

Source: www.bbc.co.uk

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Bailey v Devon NHS Trust – Tanfield Chambers

‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’

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Tanfield Chambers, 26th May 2016

Source: www.tanfieldchambers.co.uk

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Ex-Army Major, 90, died after falling from trolley when hospital staff failed to secure sides – Daily Telegraph

Posted May 31st, 2016 in fines, health & safety, hospitals, news by tracey

‘A retired Army Major died after falling from a hospital trolley as NHS staff wheeled him for a routine hip X-Ray, a judge had been told.’

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Daily Telegraph, 29th May 2016

Source: www.telegraph.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Don Lock death: Ten killings to be reviewed by NHS trust – BBC News

‘Ten killings involving patients of a mental health trust will be reviewed after the conviction of a man who stabbed a motorist to death.’

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BBC News, 17th May 2016

Source: www.bbc.co.uk

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NHS fined for 56 Dean Street HIV status leak – BBC News

Posted May 9th, 2016 in data protection, electronic mail, fines, HIV, hospitals, news, privacy by sally

‘The NHS has been fined £180,000 after a sexual health centre leaked the details of almost 800 patients who had attended HIV clinics.’

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BBC News, 9th May 2016

Source: www.bbc.co.uk

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Dying pensioners admitted to hospital against their will, CQC report finds – Daily Telegraph

Posted May 9th, 2016 in consent, equality, health, hospitals, news, quality assurance, standards, statistics by sally

‘Dying elderly people are being admitted to hospital against their will and end of life care is not good enough, a Care Quality Commission study has found.’

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Daily Telegraph, 8th May 2016

Source: www.telegraph.co.uk

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NHS trust fined £185k over inadvertent release of confidential data on staff – Local Government Lawyer

Posted May 5th, 2016 in data protection, fines, hospitals, internet, news by tracey

‘The Information Commissioner’s Office has fined Blackpool Teaching Hospitals NHS Foundation Trust after it posted the private details of 6,574 members of staff on its website.’

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Local Government Lawyer, 4th May 2016

Source: www.localgovernmentlawyer.co.uk

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