Countless people are treated by doctors, nurses, dentists and other medical professionals on a daily basis. Fortunately, the standard of healthcare in the UK is generally excellent and we can trust our medical professionals to provide good quality treatment.

It is the case, however, that things can go wrong and the outcome may not be what was expected by the patient. In many such cases, this is not due to fault on the part of the doctor but due to the medical condition of the patient before treatment began or complications which happen regardless of the care and skill of the doctor. Our bodies are complicated and individual to us and it is not always possible for a doctor to control the outcome of treatment, hence why we are warned of the risks of any procedure in advance so that we can make an informed decision about proceeding.

Our medical profession work incredibly hard in often difficult circumstances and, on the whole, genuinely want to help people. All professional people must, however, be accountable and should a medical professional act in an unreasonable manner and a patient suffers unnecessarily or even dies as a result, the English justice system rightly allows the wronged person (or their family) to pursue a negligence claim.

The first thing that must be established in such a claim is breach of duty. You need to prove that the medical professional acted in a way that fell below a standard considered as reasonable for their experience and specialism. Provided you can establish a breach of duty, you then need to show that the breach of duty caused you to suffer an injury which you would not otherwise have suffered. You have to prove both elements in order to succeed with a claim. It is sometimes possible to establish breach of duty but not causation, in which case the claim would fail. An example of this is where you can prove that a doctor was negligent in failing to diagnose your cancer but, even if it had been diagnosed earlier, your outcome would have been the same in any event.

If you succeed with your claim, you are entitled to be compensated for your pain, suffering and financial losses, both past and future. Some people suffer life-altering injuries meaning that they cannot return to their chosen career or their family now need to care for them.

Medical Negligence claims will not succeed where a medical professional has acted reasonably and so, if you have concerns that you may have suffered medical negligence, speak to one of the specialist solicitors at Blythe Liggins for an initial view on 01926 831231.

Caption: Claire Kirwan, Partner and Head of the Personal Injury Department at Blythe Liggins.

An NHS hospital trust where clinical malpractice has been linked to the deaths or brain damage of at least 92 babies is facing fresh negligence claims. The independent review into Shrewsbury and Telford Hospital NHS Trust began in 2017 after the local coroner and several bereaved families raised concerns about the number of avoidable deaths. The investigation identified substandard care leading to three mothers and 42 babies dying and at least 50 babies suffering brain damage.

When the review was first opened, it only covered 23 cases but now 600 incidents at the Trust are being investigated. The investigation team is being led by midwifery expert Donna Ockenden in what has been described as the worst maternity scandal ever to hit the NHS.

Claire Kirwan, Head of Medical Negligence at Blythe Liggins, is a specialist in such claims and is appalled at the information that is coming to light.

“Any woman giving birth needs to be able to trust and rely on the medical staff supporting her: it is their job to do everything in their power to ensure that both mother and baby are safe. Whilst some deaths and injuries are unavoidable, even with the best care, there can be no excuse for failing to act on warning signs when lives are at stake”.

If you believe that care provided to you when giving birth was not up to a reasonable standard then call Claire on 01926 831231 for advice.

Caption: Claire Kirwan, Partner & Head of the Clinical Negligence and Personal Injury Department

A Leamington solicitor is warning organisers of Bonfire Night parties that they could face damages claims if anyone is injured. Claire Kirwan, head of the personal injury department at Leamington law firm Blythe Liggins, said there were potential legal implications of such accidents happening, as party hosts are legally responsible for injuries caused by sub-standard fireworks, poor storage, or failure to maintain an adequate distance from the display.

Also, although visually spectacular, Ms Kirwan warned that fireworks could cause damage to neighbouring properties if proper controls are not put in place. Sparks may also fly for retailers who sell fireworks or sparklers to children under 18 year of age.

“While it can be fun to host your own bonfire party, it may be best to avoid getting your fingers burned by going to a public display,” said Ms Kirwan. “The safest bet is to attend a properly organised event where months of planning and organisation should ensure a safe and fun evening for all.”

Caption: Claire Kirwan, Partner & Head of the Clinical Negligence and Personal Injury Department.

‘Wrongful birth’ is a legal term used by the courts to describe the situation where a child is born but, had it not been for medical negligence, they would not have been born. This can include claims where a failed sterilisation or vasectomy leads to an unwanted pregnancy or where a child is born with a disability which the hospital failed to warn the parents about and, if they had been warned, the mother would have terminated the pregnancy.

Failed sterilisation claims

In these circumstances the mother can claim damages for the physical and emotional pain and distress of the unwanted pregnancy. Compensation can also be claimed for the distress caused by having to undergo a termination, if the mother chose this route.

In addition the mother can claim for any financial losses which arose out of the pregnancy, such as loss of earnings but she cannot claim for the additional cost of raising a child.

Failure to warn about specific disabilities

These claims arise where a birth defect was not diagnosed when it should have been. In these cases, the mother can claim damages for the physical and emotional pain and distress of the unwanted pregnancy.

In addition the mother can claim for any financial losses which arose out of the pregnancy, such as loss of earnings, and they may also be able to claim for the cost associated with the health and welfare of the disabled child.

This list is not exhaustive and if you think that you may have a wrongful birth claim, call one of our expert medical negligence solicitors today.

Caption: Lois Harrison, Senior Associate Solicitor. Medical Negligence & Personal Injury

A recent survey has indicated that one in four patients with secondary breast cancer had to visit their GP three or more times before they received a diagnosis.

Breast Cancer Now have said that there need to be more awareness that the disease can spread to other parts of the body and the worrying perception that everyone survives breast cancer has masked the reality that 11,500 families in the UK will lose somebody they love each year.

Lois Harrison, a Medical Negligence Solicitor said: “ Sadly even from my own professional experience I know this to be true. I have been approached by various clients over the year who despite visiting their GP on numerous occasions with the classic symptoms of secondary cancer, are simply brushed off by their GP. Secondary cancer has often reached the metastatic form and cannot be cured but patients should be able to access early treatments to help improve their quality of life and to reduce some of their often agonising symptoms”.

Caption: Lois Harrison, Senior Associate – Medical Negligence & Personal Injury Department

The Notification of Deaths Regulations 2019 came into force on 1 October 2019. The new Regulations place a duty on registered medical practitioners to notify the Coroner of a death if one or more of the circumstances set out in Regulation 3(1) apply.

Until now, there was no clear statutory duty on doctors to report particular deaths to the Coroner and so these Regulations will provide much-needed clarity. They were drafted as a result of recommendations made by Dame Janet Smith who chaired the Shipman Inquiry. She was concerned at how Dr Harold Shipman was able to exploit weaknesses in the death certification system to cover up his crimes.

So when does the duty to report a death arise? A death under the circumstances set out below should always be notified to the Coroner, regardless of how much time has passed since the death:

• The death was due to poisoning, including by an otherwise benign substance (e.g. sodium/salt).
• The death was due to exposure to, or contact with a toxic substance (e.g. toxic material/solids/liquids/gases/radioactive material).
• The death was due to the use of a medicinal product, the use of a controlled drug or psychoactive substance (illicit/recreational drugs/prescribed or non-prescribed medication/self-administered overdose/excessive deliberate dose /given in error/psychoactive substances/legal highs/designer drugs/herbal highs).
• The death was due to violence, trauma or injury.
• The death was due to self-harm.
• The death was due to neglect, including self-neglect. (This does not include where the self-neglect was caused due to dementia, or, where caused by lifestyle choices such as: smoking, excessive eating or chronic alcoholism).
• The death was due to a person undergoing any treatment or procedure of a medical or similar nature.
• The death was due to an injury or disease attributable to any employment held by the person during the person’s lifetime.
• The person’s death was unnatural but does not fall within any of the above circumstances.
• The cause of death is unknown.
• The registered medical practitioner suspects that the person died while in custody or otherwise in state detention.
• There was no attending registered medical practitioner required to sign a medical certificate cause of death (“MCCD”) in relation to the deceased person.
• The attending medical practitioner is not available within a reasonable time of the person’s death to sign the certificate of cause of death.

• The identity of the deceased person is unknown.

A Coroner’s investigation may not be necessary in all notifiable cases but it is heartening that there will now be consistency in deaths reported to the Coroner and Inquests carried out where there is a need.

 

Caption: Claire Kirwan, Partner & Head of Medical Negligence and Personal Injury

Warwick’s Jorjeet Singh is celebrating a double triumph after his happy haul of 14 wickets in three matches pushed his side to the brink of the league title and earned him the Courier’s Player of the Month award for August.

The 33 year old, slow left arm bowler began his remarkable run with an impressive 4 for 19 display against Bablake.

Consecutive five wicket successes then followed against Atherstone Town and Sutton Coldfield, with the in-form Jorjeet claiming 5 for 26 and 5 for 30 respectively, to push Warwick ahead of close rivals Stockton Star at the top of the table.

Jorjeet, who moved to the area from India in 2007, said: “This was the first time this season that I’ve managed to play three games in a row and I’m delighted with how it went.

“I really found the consistency I’ve been missing this season as work commitments meant I was unable to play as regularly as I’d hoped.

“It was perfect timing too as the performances helped us edge ahead in the race for the division 5 title.  So August was a great month for me, playing well, taking a lot of wickets and now winning cricketer of the month”

Jorjeet’s run of success has continued into September too as Warwick clinched the Division 5 title with a win at Nuneaton last weekend, and he chipped in again with one wicket for the cost of just two runs.

Richard Thornton, joint senior partner of Blythe Liggins said: “Jorjeet’s run of form would have been impressive at any time but, with the title race in full flow, he really picked the perfect moment to strike.

“Congratulations to him and his title-winning team at Warwick from everyone at Blythe Liggins.”

Jorjeet’s well deserved prize as cricketer of the month is a box of six new balls for his club.

CAPTION: The Courier’s cricketer of the month Jorjeet Singh with Richard Thornton, joint senior partner of Blythe Liggins at sponsors Blythe Liggins.

An incredible run of form has seen young star George Baines crowned the Courier’s June cricketer of the month.

George, 14, has starred with the bat for his side Kenilworth Cricket Club over the past few weeks, racking up hundreds of runs as the club battles to steer clear of the lower reaches of the Warwickshire League Division One table.

Sponsored by Leamington law firm Blythe Liggins Solicitors, the Courier’s cricketer of the month award has recognised George’s scores of 83 not out against Wanderers, followed by 82 in a draw against Harborne the following week.

However, the icing on the cake for Kenilworth’s talented youngster, who also represents Warwickshire in age group cricket, was a superb 110 the very next week in a Sunday side draw with Berkswell.

George, who is following in the footsteps of one of last year’s winners, Dan Mousley, who made his full Warwickshire debut against Essex earlier this month and just a week after his 18^th birthday, said: “I am most proud of the century I scored against Berkswell.

“It was a great team performance and I contributed to the game with my first 100, which I was pleased about.

“I’ve really enjoyed playing for Kenilworth this season. The seniors and whole club are really supportive of the juniors coming through. It’s a great set-up and run entirely by volunteers like many clubs.”

George, who is a Kenilworth School student, has been playing cricket since the age of just seven and scored 87 in his first game for Warwickshire under-10s.

What then, does the future hold for the talented young batsman, who also keeps wicket and last year skippered Knowle & Dorridge under-13s to glory in the national Vitality under-13 T20 competition.

“Down the line, I am keen to spend some time in Australia playing grade cricket and my aim is to play for the Warwickshire senior side. Ultimately, of course, England is my dream – my shirt number is 66 as Joe Root is my role model as a team player,” said George.

Kevin Mitchell, partner at sponsors Blythe Liggins, said: “It’s great to see talented young cricketers such as George not only being given their chance to play senior cricket but also thriving.

“To score a senior club century at 14 is very impressive and it’s clear George is a very talented cricketer. Everyone at Blythe Liggins wishes him well for his future.”

George’s prize as cricketer of the month is a box of six new balls for his club.

For more information about Blythe Liggins, visit www.blytheliggins.co.uk.

CAPTION: The Courier’s cricketer of the month George Baines, 14, with Blythe Liggins partner Kevin Mitchell

An intrepid Leamington solicitor went to great lengths to raise thousands of pounds for The Myton Hospices, by walking part of the Great Wall of China.

Donna Bothamley, who is head of wills and probate at Leamington law firm Blythe Liggins Solicitors, got to see parts of the wall that few people will ever be lucky enough to see, and her and her fellow trekkers even got to lend a hand to repair a section of the wall which is currently being reconstructed.

Donna, whose firm has long supported Myton Hospices as its chosen charity,  managed to raise a superb £2,900 from the once-in-a-lifetime experience, and the group of 25 amassed more than £46,000 between them.

Donna said: “The trek was everything I imagined it would be, and so much more.

“Walking along parts of the Great Wall that few people get to see was something I will never forget. It was simply breathtaking.

“This amazing experience was made even more rewarding and momentous for me and my fellow trekkers by knowing that we were doing this for the Myton Hospices and the fantastic work done there.”

Rebecca Richards, Myton’s assistant events manager, said: “It went so smoothly, the group got on brilliantly and gelled really well as a team.

“They were challenged with different routes and tracks of the wall each day and then, towards the end of the trip, they had a day of 1,000 steps, followed by 11 watch towers and then the famous Heavenly Ladder.

“The money they raised will help us continue to provide our services to the people who need it most in Coventry and Warwickshire.

“This sort of fundraising is absolutely vital for The Myton Hospices as we have to raise £9.2 million this year to continue providing our services.”

Caption: Donna Bothamley, Partner.

Group-B Strep is the most common cause of life-threatening infection in newborn babies and yet it can often be prevented by giving IV antibiotics to women during labour. This can reduce the risk to the baby by up to 90%.

Research has shown that the current approach of identifying pregnant women with ‘risk factors’ is not very accurate. 65% of UK newborn babies who develop group B Strep infections have mothers who had no risk factors and 70 per cent of women who do have risk factors do not actually carry the bacteria and are therefore unnecessarily given antibiotics.

The NIHR funded study being carried out at the Nottingham School of Medicine will measure the effectiveness of two tests to identify group B Strep in late pregnancy or labour – a lab-based test at 35 to 37 weeks of pregnancy, compared with a ‘bedside test’ at the start of labour.

Lois Harrison, a Senior Associate specialising in Medical Negligence claims said: “It is reassuring to see that this issue is being taken seriously. Group B Strep can cause life-threatening illnesses to newborn babies to include meningitis, sepsis and pneumonia. A better approach is needed to ensure that this risk is reduced”.