Law Society warns of lack of legal advice in redress scheme for birth injuries – Local Government Lawyer

Posted June 7th, 2017 in birth, government departments, health, Law Society, news, personal injuries by sally

‘The Law Society has told the Department of Health that its proposed rapid resolution and redress (RRR) scheme will fail to deliver its intended result of fewer severe avoidable birth injuries.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Claimant lawyers cast significant doubt over government’s plan to reform injured baby cases – Litigation Futures

Posted May 30th, 2017 in birth, children, compensation, news, personal injuries by sally

‘Claimant lawyers have strongly criticised government plans for a new administrative compensation scheme for birth injury claims, with the Association of Personal Injury Lawyers saying that families would “be held hostage” under it.’

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Litigation Futures, 30th May 2017

Source: www.litigationfutures.com

Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

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Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

Man awarded £8m Sheffield hospital negligence payout – BBC News

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

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Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

Coroner’s conundrums: born alive or still-birth, and mother’s anonymity – UK Human Rights Blog

Posted May 8th, 2017 in anonymity, birth, coroners, judicial review, jurisdiction, news by sally

‘A 19-year old mother went into hospital, with a shoebox. In the shoebox was the 6-days dead body of her daughter. She told the hospital and the police that she had been raped, hence the shame about reporting the death. She had given birth in her bedroom at home, and she said that the baby had been cold when born.’

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UK Human Rights Blog, 6th May 2017

Source: www.ukhumanrightsblog.com

Baby deaths cluster: Trust paid out millions in compensation – BBC News

Posted May 5th, 2017 in birth, compensation, hospitals, news by tracey

‘An NHS trust facing a review into maternity errors has paid out millions in compensation after similar mistakes led to babies born with brain injuries.’

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BBC News, 4th May 2017

Source: www.bbc.co.uk

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, brexit, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

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Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

‘Insufficient evidence’ to charge anyone over baby’s death at vicarage – Daily Telegraph

Posted March 21st, 2017 in birth, child neglect, children, clergy, conspiracy, evidence, inquests, murder, news, prosecutions by tracey

‘The Crown Prosecution Service has said there remains “insufficient evidence” to charge anyone over the death of a baby boy at a vicarage.’

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Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

COURT OF APPEAL TAKE UNUSUAL Decision to Reverse Trial Judge’s Finding on Liability in Cerebral Palsy Case – Zenith PI Blog

Posted February 23rd, 2017 in appeals, birth, disabled persons, expert witnesses, news by sally

‘The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. However the Court of Appeal didn’t stop there. They went on to find that, had the relevant medical practitioner in this case, followed Montgomery and given the In Claimant’s mother the relevant information; she would have elected to have her baby induced on 27th December which would have avoided the brain injury and consequent disabilities that he now suffers from.’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

Mum who dumped newborn baby in Wigan hospital toilets spared jail – BBC News

Posted February 14th, 2017 in attempts, birth, infanticide, news, sentencing by sally

‘A mother who was “in denial” about her pregnancy and abandoned her newborn baby boy in a bin in toilets at a hospital has been spared jail.’

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BBC News, 13th February 2017

Source: www.bbc.co.uk

Frances Cappuccini Caesarean death caused by hospital failures – BBC News

Posted January 17th, 2017 in birth, hospitals, inquests, medical treatment, negligence, news by tracey

‘A primary school teacher who was “terrified” of giving birth died following failures and inadequate treatment at hospital, a coroner has ruled as her family said the truth had finally been acknowledged.’

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BBC News, 16th January 2017

Source: www.bbc.co.uk

Woman with learning disability should have caesarean, judge rules – The Guardian

Posted November 16th, 2016 in birth, learning difficulties, medical treatment, news by sally

‘Doctors can perform a caesarean section on a pregnant woman with learning difficulties who wants to give birth naturally at home, a judge has ruled after a hearing in a specialist court.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

New birth injuries compensation scheme announced – BBC News

Posted October 18th, 2016 in birth, compensation, consultations, news, personal injuries by sally

‘Parents in England whose children are injured at birth may benefit from a new government compensation scheme.’

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BBC News, 17th October 2016

Source: www.bbc.co.uk

NHS legal bills for catastrophic childbirth blunders triples in a decade – Daily Telegraph

Posted October 17th, 2016 in birth, compensation, hospitals, news, personal injuries by tracey

‘Compensation claims against the NHS for catastrophic blunders in childbirth have tripled in a decade, official figures show, as ministers promise “dramatic” changes to improve the safety record of Britain’s maternity units.’

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Daily Telegraph, 17th October 2016

Source: www.telegraph.co.uk

Coroner asks CPS to probe Freckleton baby death – BBC News

Posted October 6th, 2016 in birth, coroners, crime, Crown Prosecution Service, homicide, inquests, news by tracey

‘The inquest into a baby boy’s death at a vicarage in Lancashire has been halted and the coroner has referred the case to prosecutors.’

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BBC News, 5th October 2016

Source: www.bbc.co.uk

Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk