Counsel’s fees to be excluded from clin neg fixed fees regime – Legal Futures

Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost (FRC) regime unless a child or protected party is involved, the Department of Health and Social Care (DHSC) has proposed.

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Legal Futures, 20th September 2023

Source: www.legalfutures.co.uk

Claimant representatives furious at clinical negligence reform – Legal Futures

‘Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.’

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Legal Futures, 18th September 2023

Source: www.legalfutures.co.uk

Payout for Ashington woman who got cancer after wrong smear result – BBC News

Posted September 12th, 2023 in cancer, compensation, hospitals, negligence, news by tracey

‘A woman who had to undergo cancer treatment after being cleared by an incorrect smear test has received compensation.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

Departing from Guidelines and Balancing of Risks in Different Medical Settings – QMLR

Posted September 1st, 2023 in chambers articles, doctors, medicines, negligence, news, personal injuries by sally

‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Barrister reprimanded for “unreasonable” conduct of immigration case – Legal Futures

‘A barrister made subject to a wasted costs order because of his conduct of an immigration judicial review has been reprimanded and fined by the Bar Standards Board (BSB).’

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Legal Futures, 30th August 2023

Source: www.legalfutures.co.uk

APIL issues JR over shortcomings in new fixed costs rules – Legal Futures

‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’

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Legal Futures, 24th August 2023

Source: www.legalfutures.co.uk

Medical neglect by London NHS trust contributed to suicide of girl, 12, rules coroner – The Guardian

‘Medical neglect and “gross failures” by a mental health trust contributed to the suicide of a 12-year-old girl in a case that has highlighted national concerns about underfunding, a coroner has ruled.’

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The Guardian, 17th August 2023

Source: www.theguardian.com

Consent and Factual Causation – Two Recent Cases – QMLR

‘Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points of practice that will be of interest to those working in the field of clinical negligence.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Law firms risk claims without safeguards for generative AI – Legal Futures

Posted August 7th, 2023 in artificial intelligence, law firms, negligence, news, solicitors by tracey

‘Law firms must either introduce “safeguards that include human oversight” to authenticate AI-generated content or “expect an increased exposure” to negligence claims, a leading law firm has warned.’

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Legal Futures, 7th August 2023

Source: www.legalfutures.co.uk

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient? – QMLR

Posted August 3rd, 2023 in cancer, chambers articles, contribution, doctors, negligence, news by sally

‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Montgomery and Material Contribution – QMLR

‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

Bilal and Malik v St George’s University Hospital NHS Trust [2023] EWCA Civ 605 – 3PB

Posted August 1st, 2023 in causation, hospitals, negligence, news, personal injuries by sally

‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’

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3PB, 12th July 2023

Source: www.3pb.co.uk

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted August 1st, 2023 in chambers articles, hospitals, negligence, news, reports by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

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St John's Chambers, 13th July 2023

Source: www.stjohnschambers.co.uk

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

Vicarious liability – what does the latest Supreme Court decision mean for employers? – Mills & Reeve

Posted July 25th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The recent case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB confirmed the boundaries set by the Supreme Court, providing further clarity on the circumstances where an employer may be held vicariously liable.’

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Mills & Reeve, 24th July 2023

Source: www.mills-reeve.com

Eight out of 10 NHS claims now settle pre-issue – Legal Futures

Posted July 20th, 2023 in budgets, costs, health, hospitals, negligence, news, statistics by tracey

‘The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.’

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Legal Futures, 20th July 2023

Source: www.legalfutures.co.uk

Unrepresented claimant wins appeal against lawyers over house sale – Law Society’s Gazette

Posted July 20th, 2023 in appeals, law centres, legal advice, negligence, news, sale of land, service charges by tracey

‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.

Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘

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Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

New Judgment: McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSC Blog

Posted July 13th, 2023 in causation, medical treatment, medicines, negligence, news, Scotland, Supreme Court by sally

‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’

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UKSC Blog, 12th July 2023

Source: ukscblog.com