Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Woman sentenced to 20 years in prison over death of asthmatic son – The Guardian

‘A heroin addict convicted of fatally neglecting her seven-year-old son, who died alone in a garden from an asthma attack, has been jailed for 20 years.’

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The Guardian, 28th April 2022

Source: www.theguardian.com

MPs call for no-fault compensation in clinical negligence – Legal Futures

Posted April 28th, 2022 in compensation, doctors, hospitals, negligence, news, personal injuries by sally

‘A no-fault compensation scheme for medical negligence should be introduced in England, replacing the “grossly expensive” existing system based on individual blame, MPs have said.’

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Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

Bar Standards Board clears barrister over Hillsborough remarks – The Guardian

‘A senior barrister who repeated discredited police allegations about the behaviour of Liverpool supporters at the Hillsborough disaster has been cleared of misconduct by his profession’s Bar Standards Board (BSB).’

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The Guardian, 25th April 2022

Source: www.theguardian.com

Hospital failings and neglect contributed to baby’s death, coroner finds – BBC News

‘Hospital failings and “neglect” contributed to the death of a two-day-old baby, a coroner has found.’

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BBC News, 23rd April 2022

Source: www.bbc.co.uk

High Court throws out negligence claim over MMR vaccine advice – Legal Futures

‘The potential negligence of a QC and high-profile law firm to advise a client on limitation was irrelevant as the underlying claim would not have succeeded anyway, the High Court has ruled.’

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Legal Futures, 25th April 2022

Source: www.legalfutures.co.uk

Priory hospital neglect contributed to death of patient, jury finds – The Guardian

‘The death of a 23-year-old man who ran away from a Priory mental health hospital and was killed by a train was “contributed to by neglect” on the part of the institution, an inquest has concluded.’

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The Guardian, 21st April 2022

Source: www.theguardian.com

Rochdale grooming: Abused women receive police damages – BBC News

‘Three women who were groomed, raped and abused by gangs of men in Rochdale have received “substantial” damages and an apology from Greater Manchester Police.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk

Mediating Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’

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Ropewalk Clinical Negligence Blog, 7th April 2022

Source: www.ropewalk.co.uk

NHS pays out £20m in clinical negligence claims over children’s mental health care – The Independent

Posted April 11th, 2022 in assault, children, compensation, hospitals, mental health, negligence, news, self-harm by tracey

‘The NHS has paid out at least £20m over poor care in children’s mental health services, a leaked report has revealed.’

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The Independent, 10th April 2022

Source: www.independent.co.uk

Oxford college pays damages to woman after alleged rape by fellow student – The Guardian

‘A University of Oxford college has pledged to overhaul its handling of sexual assault cases after paying damages to settle a legal action taken by a woman who said she was raped by a fellow student.’

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The Guardian, 1st April 2022

Source: www.theguardian.com

Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by tracey

‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’

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Ropewalk Clinical Negligence Blog, 16th March 2022

Source: www.ropewalk.co.uk

Scottish law firm can be sued for negligence in England – Legal Futures

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022

Source: www.legalfutures.co.uk

Blackpool mother jailed for starving daughter to death – BBC News

Posted March 1st, 2022 in guilty pleas, homicide, negligence, news, sentencing by sally

‘A mother who starved her daughter to death has been jailed for nine years and seven months.’

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BBC News, 25th February 2022

Source: www.bbc.co.uk

Causation and Intervening Medical Treatment – Ropewalk Clinical Negligence Blog

Posted February 22nd, 2022 in causation, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or further injury is suffered. In such circumstances, there may be multiple potential Defendants to any legal claim.’

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Ropewalk Clinical Negligence Blog, 17th February 2022

Source: www.ropewalk.co.uk

Clin neg costs reforms “could lead to exodus” of small law firms – Legal Futures

Posted February 22nd, 2022 in costs, hospitals, law firms, negligence, news, personal injuries, small claims by tracey

‘Small law firms could end up “falling or stepping away” from the clinical negligence market if fixed recoverable costs (FRC) for cases worth less than £25,000 are set too low, a report has warned.’

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Legal Futures, 22nd February 2022

Source: www.legalfutures.co.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Rattan v Hughes – Case Note – Old Square Chambers

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

Essex concrete mixer death: Father mounts High Court challenge – BBC News

‘The father of a man found dead in a concrete mixer has claimed he may have been “deliberately killed”, the High Court heard.’

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BBC News, 4th February 2022

Source: www.bbc.co.uk