Foot Anstey Injury | News Feed

Fractured skull caused by fall from forklift

A 64 year old man suffered a fractured skull after falling from a forklift prong in an accident at work.

Workers had developed their own way of accessing the suspended bags of recycling, using a forklift to raise them up, as there was no set process.

The man fell from the forklift to the ground about one and a half meters and fractured his skull.

Speaking after the hearing, HSE Inspector, Simon Jones, said:

"The company did not give enough thought to how employees were going to work on the bags that were suspended in the air. They were allowed to use a very unsafe method because there was no fixed alternative available to them. As a result ... could easily have paid with his life.

"Working at height must be properly planned and supervised, and employers must ensure their staff have a safe system in place to prevent further incidents of this kind".

If you or anyone you know has been affected by a work related accident or illness and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

Full story: hse.gov.uk

Man loses big toe in escalator accident

A Nottingham man as lost his big toe in a shopping mall escalator accident in March of this year.

His foot became stuck between in a gap between the top of the escalator and the top step, he was trapped for around 25 minutes and felt like the top of his foot was going to snap off.

His foot started to be crushed and eventually his big toe snapped off. He was told he would not be able to walk for 6 months, but after one month was walking with crutches, he can now jog a little and is able to make jokes about not being able to moonwalk again.

If you or anyone you know has been affected by an accident or illness and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

Full story: bbc.co.uk

Concern over GP prescription errors

Approximately one in 20 prescriptions written by GPs contains an error, a medical watchdog has warned.

Around one in every 550 items was judged to contain a serious error, the research commissioned by the General Medical Council (GMC) found.

The most common of the prescribing or monitoring errors were lack of information on dosage, prescribing an incorrect dosage, and failing to ensure that patients were properly checked with blood tests.

If you or anyone you know has suffered as a result of similar circumstances and would like some expert legal advice then please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

For full story: bbc.co.uk

Another missed meningitis diagnosis is highlighted

A recent story in the Daily Mail is again highlighting the dangers of missed or delayed diagnosis of meningitis.

A junior doctor diagnosed the 9 month old as having viral tonsillitis and then assured the parents that his senior colleague had confirmed this after they had requested a second opinion and the family were sent home.

It is now alleged that he had not sought confirmation and no second opinion was gained.

The parents returned to the hospital where, within hours, the baby was diagnosed with and treated for pneumococcal meningitis. After a fight by doctors, the babies life was saved although serious brain damage had occurred.

Now six years old the child, has breathing difficulties, epilepsy and other health problems and needs round-the-clock care at home.

If you or anyone you know has suffered as a result of medical misdiagnosis or delay and would like some expert legal advice then please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

X-rays of 6,000 patients not processed

It has been reported that the private health company Care UK is being investigated after the x-ray records of 6,000 patients were not processed at an "urgent care centre" in London.

NHS Brent asked Care UK to check the x-rays after they found that 120 out of a sample of 300 required follow up action from a doctor.

Care UK is a private company to which the NHS outsource work. The centre involved is located at Central Middlesex Hospital.

If x-ray or scan results are misinterpreted, or no report is done, it could lead to a missed or delayed diagnosis which could have far reaching and potentially life-changing consequences.

The earlier a report is received and a diagnosis is made the better chances of the right treatment being provided at the right time.

Original story: guardian.co.uk

Worker killed by overturned tractor

A tractor was being used to control the direction of a tree as it was being felled. The tree went in an unexpected direction and overturned the tractor which fell on top of and instantly killed a worker who was stood beside it.

The employer was prosecuted for failing to ensure the employee's safety and failing to ensure he had received adequate training in the equipment he was using.

Speaking after the hearing HSE inspector David Butter said:

"Felling trees is a high risk activity and anyone engaged in such activities needs to have had sufficient training for the task being undertaken and be provided with appropriate tools to enable them to carry out the task safely.

"These employees had not been trained to carry out felling on this size of tree and were using inappropriate tools to assist them, which has unfortunately resulted in a death of a husband and father."

Full story: hse.co.uk

NHS sets aside £235m compensation for life-changing errors at birth

It has been widely reported that the NHS Litigation Authority (NHSLA) has set aside some £235.4 million for compensation payments to people left with life-changing injuries due to errors made at their birth.

The body granted total negligence compensation of £863 million in 2010-11 and indicated this money will be awarded to 60 claimants, with £69.3 million of the total budget having already being awarded in 19 cases.

Therefore, a further £166.1 million is expected to be paid in the 41 outstanding cases, all of which are based on the allegation that nurses failed to notice newborns had low blood sugar levels, resulting in them suffering either brain damage or Erb's palsy.

Peter Walsh, chief executive of patient safety group Action Against Medical Accidents, said: "Whilst these cases are relatively small in number, the fact the effects are so catastrophic and they are so preventable should make them a 'never' event in the NHS."

Original story: guardian.co.uk

Seven suffer burns and fractures from concrete collapse

Seven construction workers were lucky to survive when more than 250 tonnes of wet concrete collapsed, a court has been told.

The Court heard that workers had been pumping concrete onto the third floor of the building for most of the day when the scaffolding holding up the concrete suddenly collapsed.

The workers' injuries included cement burns to their skin and eyes, and bone fractures.

Speaking after the hearing, HSE Inspector Susan Ritchie said:

"This incident resulted in seven men falling roughly ten metres onto wet concrete which contained various bits of metal and wood.

"The companies should have made sure they had an appropriate design they could use to build from, and that the structure was inspected before the concrete was poured.

"Instead, more than 250 tonnes of concrete was poured onto scaffolding incapable of taking such loads and the inevitable happened - it collapsed. These basic errors could easily have resulted in several people losing their lives.

"This incident should act as a stark reminder that if you fail to plan and manage projects properly then there is a real potential for things to go seriously wrong."

Full story: hse.gov.uk

Woman breaks vertebrae in fall from roof

A 27 year old female employee fell from a roof while repairing guttering .

She was employed by a company who had quoted £20,000 less than a competitor for the job, even though they had no experience of working on fragile roofs.

The company where the work was being carried out made no checks to ensure the contractor had experience or was carrying out the correct safety procedures.

The boards on the roof had no guardrails, workers had no harnesses, and there was no netting underneath to prevent them from landing on the concrete floor.

Magistrates heard they made no attempt to stop the work and its staff even helped by lifting materials to the unprotected roof edge.

HSE inspector Mr Lindsay Hope said after yesterday's hearing:

".... decided to cut costs by hiring a cheap contractor without checking whether he was competent to do the job.

"When .... saw there was no protection to prevent a fall at the edge of the warehouse roof, the company should have stepped in straightaway to stop this unsafe work, but instead helped the contractor to carry on.

".... should never have taken on the work. He had no experience of working on fragile roofs and did not take enough precautions to protect workers on the roof and because of this a woman suffered serious injuries which could easily have been fatal."

Full story: hse.gov.uk

Worker loses arm in machinery accident

A worker's arm had to be amputated due to an accident at work.

The man was employed to clear out an industrial chicken shed using a pressure washer powered by a tractor.

The driveshaft was not guarded and his arm was caught in the machinery and had to be amputated at the scene.

The firm who employed him to do the job was fined £10,000 by the HSE .

Speaking after the hearing, HSE Inspector Tony Makin, said: "This was a terrible and entirely preventable incident which caused a young man a great deal of pain and has completely changed his life.

Any machinery used at work should be properly guarded to stop these kinds of incidents happening again."

Full story: thisisdevon.co.uk

Restraint or Deprivation of Liberty?

There are many acts that carers perform numerous times a day that amount to restraint, such as steadying a patient's shaking arm, putting a seatbelt on, using bedsides to prevent a patient falling out of bed.

Such acts are only lawful if the carer reasonably believes that it is necessary in order to prevent harm to the patient. It must be a proportionate response to the likelihood of the patient suffering harm and the seriousness of that harm, as well as in the patients best interest.

Only the minimum amount of restraint for the shortest duration should be used to prevent harm.

When the use of restraint results in a deprivation of liberty the patients rights under Article 5 of the European Convention on Human Rights are engaged.

There is currently much discussion between professionals and lawyers as to what amounts to a deprivation of liberty and opinion is divided. Lawyers are waiting anxiously to see whether permission will be given for the case of Cheshire West to be appealed to the Supreme Court.

In this climate a care home or hospital would be well advised to ere on the side of caution and seek an urgent or standard authorisation from the Supervising body.

An authorisation can only be granted if a deprivation of a patients liberty is for the purpose of restraining a patient for giving care and treatment in line with the assessed needs of the patient.

Whether the use of bed sides as described is lawful will depend on the individual facts of each case, depending on whether there is a deprivation of liberty and if so, if that deprivation of liberty is in the patients best interests.

Whilst we as lawyers look at each case in detail there are broader issues for society to grapple with.

Dementia is one of the biggest challenges that society faces today. Life expectancy is increasing and dementia is set to double in the next thirty years.

If we are serious about ensuing that vulnerable people are treated with dignity and respect we have to ask ourselves the following questions what is an acceptable standard of care? Is the current regulatory system sufficient? What is going to be the cost of reasonable care and how is that cost going to be met?

These issues are all currently being actively debated in politics and law as seen in the recent judicial review challenges to cuts made by local authorities to contracts and fees paid to care homes.

If you or anyone you know has been affected by anything similar and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Foot Anstey has a programme of seminars for care home managers covering the Mental Capacity Act 2005. These have been well received by managers in Cornwall. The next seminar is on 14th June 2012 in our Bristol office if you wish to attend please email emma.stacey@footanstey.com.

Holiday park fined after man injured in trench collapse

A 40-year-old was badly injured in this accident at work.

He was helping to lay a drainage pipe at a holiday park South Devon, when the wall of the two metre-deep trench caved in.

He was dug out by others at the scene before the emergency services arrived, but had suffered multiple fractures to his skull, jaw and cheekbones in this .

The Health and Safety Executive prosecuted the park operators after an investigation into the incident found the company had failed to adequately plan the work or put the necessary safety measures in place.

The trench walls were propped up with plywood and metal plate with a piece of softwood between the two sides holding them up. This gave way, and the man was trapped when one side of the trench collapsed.

Frantic efforts were made by staff at the site to release the man, who was unconscious, using shovels and eventually one of the directors used an excavator to help to dig him out of the rubble.

HSE inspector Jonathan Harris, said: "The trench was clearly inadequately supported and the plywood and metal plate were no more than a rudimentary attempt to support the trench walls.

"Normally trench boxes would be used as shields whenever workers need to briefly enter a trench. These boxes can be rented from hire-companies.

"This incident could easily have led to a fatality and shows the vital importance of proper planning and adequate safety measures when carrying out this sort of work."

For full story: hse.co.uk

Supreme Court rules in favour of families for asbestos compensation

Families whose relatives have suffered or died of asbestos-related cancers have won a landmark compensation victory this week.

The Supreme Court rules that insurers who offered cover at the time victims inhaled the deadly fibres will have to pay compensation.

Four insurance companies were trying to limit the payouts by claiming that the liability should be restricted to when the cancerous tumours started to develop, instead of when victims were exposed to the dust.

It has been known since the 1930's that asbestos can cause fatal lung cancers, including mesothelioma. It is the employer's responsibility to ensure that every possible protective procedure is in place and if not they are then liable to pay compensation.

It can however be decades after exposure that the cancer develops so many of the firms that employed people who worked around asbestos are no longer in existence.

Employers would have paid the insurances to protect against exactly this kind of injury/illness and if the families that brought the case had not been successful they would have been left with no compensation at all.

Chris Thorne, partner in the personal injury department at Foot Anstey says: "Asbestos related cancer can take many years to develop and the liability arises from the cause of the disease, not when it manifests itself. The insurance companies were trying to avoid liability by arguing that it only arises once the symptoms of the disease are present.

"Employers pay their insurance premiums in good faith to ensure protection is there for any employee who suffers a work related accident or illness. This was the right decision."

If you or anyone you know has suffered as a result of exposure to asbestos and would like to speak to one of our specialist advisors then please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

Crohn's, Endometriosis and even cancer can be misdiagnosed as IBS

The Daily Mail is reporting on two cases where cancer and endometriosis treatments have both been delayed due to GP's diagnosing the symptoms as IBS (irritable bowel syndrome).

Both women had complained on more than one occasion to their GP about pain, bloating, changes in bowel habits and bleeding.

It is a shocking story but, unfortunately, not unique.

That's because an IBS diagnosis can wrongly be given for a large range of conditions, including bowel and ovarian cancer, Crohn's disease (a form of inflammatory bowel disease), endometriosis (where womb lining grows outside the womb) and even food allergies such as coeliac disease (an intolerance to the protein gluten).

"IBS is a collection of symptoms rather than being a disease itself," says Peter Whorwell, professor of medicine and gastroenterology at the University of Manchester.

The symptoms can mimic those of a lot of other conditions.

Dr Steve Mowle, vice chairman of the Royal College of General Practitioners, says: "For doctors, the challenge is to differentiate between this common gut condition and something more serious.

"GPs will typically see just one new case of bowel cancer a year. Along with "red flag" symptoms, probability is also important.

"Bowel cancer rarely affects anyone under 50. Knowledge of a family history is also vital in certain situations, particularly that of ovarian and bowel cancer. But there will always be exceptions.

"Patients must let their GPs know what's going on. Subtle changes to the bowels, pain during sex and the symptoms being cyclical as well as family history are important clues — they may be deemed embarrassing topics but patients know their health better than anyone else."

For full story: dailymail.co.uk

Derriford hospital payout £4.85 million to mum

A mum in her thirties has been awarded £4.85 million following a stroke after surgery which resulted in serious brain injury.

The stroke has left the mum with sight and hearing problems, other mental issues and she cannot recogise faces properly, incluidng those of her own children.

The woman had returned to Derriford complaining of headaches and vomitting following shunt surgery and it was maintained that had she been monitored correctly, the pressure build up in her brain would have been dealt with appropriately and she would not have been left with disabilities.

If you or anyone you know has been affected by negligence in a hospital and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

For full story: thisisplymouth.co.uk

Engineer lost part of a finger in unguarded power press.

A manufacturing firm has been fined after an engineer lost part of a finger in an accident at work.

The firm was prosecuted after a development engineer, was injured while helping to run and de-bug a new production line incorporating two power presses.

During the Health and Safety Executive (HSE) prosecution the court was told that a second press was tripping out regularly because of mis-feeds. At one point the fault occurred again and the press tripped out causing it to come to rest with the clutch disengaged but with the flywheel still running.

The engineer went over to the unguarded press and cleared the mis-feed with pliers and then inserted his hand into the mechanism to determine the cause.

At the same time, a technical manager had gone to the production line. He did not see the engineer crouched by the press and went over to the control panel to reset a number of buttons. The press started up again catching the engineer's right index finger in the tools and severing it just below the second knuckle.

full story: hse.gov.uk

More Winterbourne carers plead guilty to ill-treatment of patients

At a hearing today at Bristol Crown Court before His Honour Judge Ford QC, a further number of care staff from Winterbourne View have pleaded guilty to a series of offences under the Mental Health Act 1983 and Mental Capacity Act 2005 in relation to their treatment of former residents.

The charges followed a police investigation into allegations raised by an undercover BBC Panorama documentary filmed at Winterbourne View private hospital in Bristol. The programme had been contacted by a former employee at the hospital, a nurse, who was concerned about the poor standards of care and neglectful practices that went on at the hospital.

The undercover investigation found evidence of physical and verbal assault and abuse, as well as neglect and bullying of vulnerable adults with learning disabilities and mental health problems.

Andrew Hannam, Partner at Foot Anstey LLP, represents eleven individuals pursuing civil claims for compensation arising out of events at Winterbourne View. He comments that:

"The entering of further guilty pleas will be significant for the families affected by this case. They want to know what happened, and the acknowledgment of wrong-doing by some of the people who were supposed to be caring for their relatives is the start of this process. The civil investigations will now continue."

Hospitals fail to implement adequate safety procedures

Chris Thorne of Foot Anstey solicitors, the leading legal expert in the field of cryopreservation and male fertility claims, says the news that 33 patients have had their sperm samples destroyed at James Paget Hospital in Norfolk is "not only a tragedy for the individuals concerned but a sad indictment of the failure of the NHS to implement improvements in safety standards promised since the first such incident in July 2001."

The sperm samples were being stored for cancer patients at the Norfolk hospital who risked being made infertile by the chemotherapy treatment they needed. Storage of the samples was free of charge for the first five years but attracted an annual charge thereafter.

In one case a patient had deposited a sample in 2002 and requested that it be stored for the maximum storage period of ten years. He paid the annual charges but was three days late making the payment in 2010. The samples were destroyed without further reference to him.

An investigation was undertaken and it was discovered that 33 other patients' samples had been destroyed within the consent storage period and without adequate time given to the patients to prevent their destruction. A Patient Safety Investigation Report concluded that "insufficient efforts were made by centre staff to contact patients prior to the disposal of their cryopreserved material."

The destruction of samples in this way can leave patients with no opportunity to father children of their own. The serious nature of the duty to preserve the samples was acknowledged by the Court of Appeal in the case of Yearworth and others v North Bristol NHS Trust.

As the solicitor in that ground breaking case, Chris Thorne confirmed that "we persuaded the Court that the loss of the ability to participate in family life was a significant loss, giving right to compensation, which was not previously the case.

"The NHS assured the Court in this and subsequent cases that lessons had been learned and that there was no risk of any repetition of the loss. Subsequent incidents in Edinburgh, Sheffield and most recently, in Cardiff last November cast significant doubt upon those assurances. For men who have battled against life threatening illness, the heart break of losing the ability to father children can be too much to bear."

Some of those affected by the incident at James Paget are now seeking legal advice. Chris Thorne can be contacted on 01392 685260 or email chris.thorne@footanstey.com

Right to die - the case of Tony Nicklinson

The media have recently reported on the case of Tony Nicklinson who is paralysed with "locked in syndrome" following a stroke in 2005. He cannot assist in his own suicide and therefore would need a Doctor to end his life. He has been seeking a declaration from the Court to say that anyone who did help him would have a defence to murder. At the present time the Ministry of Justice argues that such a declaration would change murder laws.

The law around the issue of "assisted dying" is complex and in view of the advances in modern medicine requires to be clarified. There have been several high profile cases over recent years and the Courts at the present time consider such matters on a case by case basis.

Euthanasia is the act of facilitating death in a patient, whether by deliberate activity, such as the administration of drugs that hasten death (known as active euthanasia) or passive, as in the withholding of life-extending treatment. In Britain, euthanasia is indictable as murder and carries a maximum penalty, on conviction, of life imprisonment. The law relating to euthanasia has to be contrasted with the law relating to assisted suicide. The Suicide Act 1961, updated by the Coroners and Justice Act 2009, makes encouraging or assisting a suicide a crime which is punishable by 14 years imprisonment.

In the Nicklinson case, as it seems clear that the patient is not able to commit suicide himself, then the "act" itself would be that of active euthanasia, which is treated as murder.

For terminally ill people who wish to die, the right to refuse life prolonging treatment (including nourishment and hydration) is firmly established in law. If a patient chooses to shorten his life by refusing treatment, that would not be considered an assisted death. The consistent elements of a valid advance refusal of treatment at common law are that the patient: -

Is competent at the time the decision was made;Is free from undue influence; andIntends the refusal to apply to the circumstances that subsequently arise.

If the patient has the mental capacity to make the decision then the health care professional should follow their wishes where the patient does not want to receive treatment, even if that goes against what the Doctor may feel is in the "best interests" of the patient.

The Government accepted the need to place Advance Decisions within a statutory framework so that their legal status and the safeguards governing them would be clearly stated. The provisions relating to Advance Decisions were included in the Mental Capacity Act 2005.

If the patient lacks capacity but has a registered Lasting Power of Attorney for Health & Welfare (made while the patient had capacity) and the Attorneys have authority to give or refuse consent to life-sustaining treatment, then the Attorneys can give or refuse consent if they think it is in the patient's best interests.

If neither document is available, then the Doctor will make the decision based on the patient's best interests. In doing so, they have to consult those interested in the patient's welfare e.g. carers and relatives. They also need to consider the previously known wishes of the patient if these can be established and also the patient's current wishes. If, however, the patient is in a "permanent vegetative state", artificial nutrition and hydration should not be withheld without the authority of the Court.

In the case of Tony Nicklinson, the matter is complicated by the fact that he is not technically "terminally ill" – he has a life debilitating illness, but not one that is killing him. If a Doctor injected him with drugs that hastened or caused his death, then this would be treated as murder, unless there was a change in the law. The Commission on Assisted Dying has recently issued a Report (January 2012) concerning the law relating to euthanasia and assisted suicide. This is because the legal and ethical status of assisted dying in our society continues to be an unresolved public policy issue.

The aim of the Commission is as follows: -

To investigate the circumstances under which it should be possible for people to be assisted to die;Recommend what system, if any, should exist to allow people to be assisted to die;Identify who should be entitled to be assisted to die;Determine what safeguards should be put in place to ensure that vulnerable people are neither abused nor pressured to choose an assisted death;Recommend what changes in the law, if any, should be introduced.

There are, of course, risks that would be associated with a change in the law. One of the arguments is that if Doctor assisted suicide is legalised within certain parameters, then this could cause a change in patients' expectations and medical culture, leading to a situation in which euthanasia seems increasingly acceptable. It could lead to a social tolerance for voluntary euthanasia (for those who cannot physically end their lives as in Tony Nicklinson's case) and then for non-voluntary euthanasia (e.g. for mentally ill people whose lives are deemed "not to be worth living").

The Doctor-patient relationship is one founded primarily on trust and opponents to a change in the law argue that by taking on the additional role of assisted dying, trust could be lost and the Doctor-patient relationship damaged. Euthanasia is certainly against the Hippocratic Oath ("I will give no deadly medicine to anyone if asked...").

The law is a blunt instrument, and there will always be individual cases, usually those that have not been managed well, which raise questions about a change in the law. But hard cases can make bad laws. Any change in the law would threaten the trust necessary for the Doctor-patient relationship to function, place pressure on patients to request early death, and introduce a slippery slope to voluntary and involuntary euthanasia. Mr Justice Baker in one of the most recent cases reported in September 2011 (W –v- M and Others [2011] EWHC 2443 (Fam); [2011] WLR (D) 283) said "although not an absolute rule, the law regards the presentation of life as a fundamental principle." In another case that hit the headlines and ended up in the European Courts (R(Pretty) v DPP[2002] 1AC 800) the Court held "though she has a right to life, she had no right to death".

It has been shown that requests for euthanasia from people who are dying or who are very disabled are very rare indeed, provided they are being properly cared for. This is one of the reasons that Tony Nicklinson's case has hit the headlines. Dame Cicely Saunders, the Founder of the Modern Hospice Movement said "How people die remains in the memory of those who live on". So what is the right decision for him? Even if it is decided that it is in his "best interests" to die (with assistance) it will be a brave Judge who allows a Doctor to administer a lethal drug as it would inevitably have to lead to a change in the current law. The Judge in this matter has allowed Tony Nicklinson's "right to die" case to be allowed to proceed to the next stage, so this may be the case that leads to a change in the law.

Article by: Patrica Wass Consultant at Foot Anstey

Up to one third of care home residents could be missing out on GP services

BBC 5 Live Investigates has revealed that some GPs are refusing to visit elderly patients in care homes.

Instead they would rather diagnose over the phone.

A spokeswoman from the British Medical Association told the BBC they agreed the quality of care given to homes could vary.

Martin Green, from the English Community Care Association, a group representing the owners of care homes, believes up to one third of residents could be missing out on the full range of GP services they are entitled to.

"There is really bad practice out there. We have got to get out of the habit of saying 'there's some good practice'," he told BBC Radio 5 live.

"There are islands of good practice in a sea of bad practice. If you are paid to do a job, you should be doing it.

"If we had better quality of care, then older people wouldn't get into crisis and end up in A&E."

The records of one elderly man suffering form pneumonia show that on three occasions a GP had either refused to come out or had done so reluctantly.

The gentleman's daughter said that her brother had to insist on a visit in the hours before their father died.

Only staff at 38% of homes reported they got regular visits from GPs, with one in 10 care homes saying they had to pay GPs to get them to visit residents.

Full story: bbc.co.uk

25 Year old loses arm in wood chipper accident

The 25-year-old council worker was feeding into a wood chipper when either his gloves or sleeve got caught and his arm was pulled into the machine in this accident at work.

By the time his colleagues managed to stop the machine he had lost the arm to the shoulder and surgeons were unable to save it.

Durham county council have been prosecuted over the incident as their risk assessment did not take account of this known hazard.

Speaking after the case, HSE Inspector Victoria Wise, commented:

"This was a tragic but avoidable incident that resulted in a young man experiencing a traumatic loss..... This young man was lucky not to be killed as a result of this incident, which could have easily been avoided had Durham County Council followed this guidance."

Full story from: hse.gov.uk

Parents warning about meningitis after death of their 5 year old

KELSEY Smart was a happy little girl who fell ill with what her parents were repeatedly told was a bug – but it was meningitis.

Kelsey, from, Kingswood, died in Bristol Children's Hospital last week and her parents Hannah and Jamie are telling the heartbreaking story of her loss to help raise awareness amongst other families of the warning signs of the illness.

Kelsey was being sick and could not keep anything down, but remained alert, she also had a rash which her mum thought could be chicken pox as it had been around at her son's playgroup.

Hannah took Kelsey to the emergency doctor who said it was a bug and to take her to her own GP in the morning – when Hannah did so he also said that Kelsey had a bug.

Kelsey started to ask for her dad and they were in the car on their way to see him at work when Kelsey started to fit. Hannah pulled over and dialled 99 for an ambulance.

At the hospital, emergency teams treated Kelsey with morphine and anti-inflammatories. It was thought she might have had a stroke. A neurosurgeon was brought in from Frenchay to carry out an operation to try to remove fluid from the brain, but the disease had taken hold.

"By 6.30 that evening we knew she wasn't our Kelsey any more," said dad Jamie.

The couple made the brave decision to donate their daughter's organs and have been told that Kelsey's heart has already been given to another child, while five other children will also be helped.

"We couldn't let her go to waste. She was so beautiful," said Hannah.

Robert Antrobus, head of the clinical negligence team at Foot Anstey commented: "It is always very sad to hear of a death from meningitis.

"Everyone needs to be vigilant to the signs of this dreadful disease. Useful information on meningitis, including details of the signs and symptoms, can be found at meningitistrust.org

"Sadly, delays in diagnosis and treatment can prove to be devastating and in some cases fatal.

" Unfortunately, we have had to assist many families in investigating claims relating to the delay in diagnosis and treatment of meningitis. Indeed we recently recover in excess of £1m for a little boy severely damaged as a result of meningitis."

Should you have any concerns about the treatment of or delay in diagnosis of meningitis then please feel free to contact our specialist team on 0800 694 0441, email us at injury@footanstey.com or click here to contact us by other means.

Full story: thisisbristol.co.uk

Reversing excavator crushes worker

A construction worker had both legs broken when a 22-tonne excavator reversed over him in an accident at work, a court has heard.

The 58-year-old man from Barnsley, suffered severe crush injuries when the excavator backed into him as he erected boundary fencing.

The man's employers, were prosecuted by the Health and Safety Executive (HSE) over the incident.

Leeds Magistrates' Court heard the worker was sent to the Bedford Garth site to carry out preparatory work such as fencing and setting up site cabins.

Juliette Clarke, partner in the personal injury team at Foot Anstey commented: "There are too many accidents involving heavy plant and pedestrians. The two should be kept apart and if this had been done this accident would never have happened.

"We have helped many people who have suffered from work related accidents and illnesses, these can often be avoided if basic health and safety principals are adhered to."

If you or anyone you know has been affected by a work related accident or illness and would like some specialist legal advice please call us on 0800 694 0441, email at: mailto:injury@footanstey.comor click here to complete an online enquiry form.

For full report: HSE

Post deployment troops more likely to have road accidents

Research carried out by a US military insurer, USAA , has found that car accidents in which troops were at fault, increased by about 13 percent after service members returned from overseas deployments. The crashes were especially common during the first six months after the tour ended.

For thousands of combat veterans, driving has become an ordeal. Take for example Ms. Max, an Army reservist. She found herself avoiding cramped parking lots without obvious escape routes. She straddled the middle line of the road, as if bombs might be buried in the curbs. Grey sport-utility vehicles came to remind her of the un-armoured vehicles she rode nervously through Baghdad in 2007, a record year for American fatalities in Iraq.

Returning troops may be reflexively applying driving techniques taught in Iraq during the height of the insurgency — for example, speeding up at intersections to avoid gunfire or scanning the roadside for danger instead of watching the road ahead. But in other cases troops are often perceiving threats where none exist — such as in tunnels, overpasses, construction crews or roadside debris.

It is believed that this loss of safe driving skills as a side effect of post-traumatic stress disorder traumatic brain injury. Researchers believe that the troops who have served in Iraq and Afghanistan are uniquely affected. This is because one of the significant dangers of their combat experience was roadside bombs and other hazards on the road.

In the USA 48 troops were killed as a result of road traffic collisions post deployment last year. No such similar statistic is available for UK troops.

If you or anyone you know has been involved in a Road Traffic Accident and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

Source: New York Times, "Back From War, Fear and Danger Fill Driver's Seat,"

Two transplant patients received cancerous Kidneys

Both had to undergo six cycles of chemotherapy after receiving organs from woman with aggressive form of cancer.

It has been widely reported that two transplant patients received cancerous kidneys. The NHS has admitted negligence to Robert Law and Gillian Smart after the incident, which happened at the Royal Liverpool University hospital.

Mr Law said: "The renal unit [at the Royal Liverpool] says my kidney is working well. However, I am still feeling the effects from the chemotherapy and medications which I now take. Over the last 15 months I have suffered in many ways, physically and mentally, including weight gain, muscle wastage and depression."

Law said more than 10,000 people needed a transplant, and three people a day would die waiting, as there were not enough organs available, he said. "I am so grateful to the family of the donor who made a courageous decision at an extremely difficult time."

Mrs Smart said: "I felt devastated to learn that I had received a kidney infected with cancer. The result has been psychologically and physically draining.

"Before the chemo and everything I was dress size 12, now I am a 22. My hair has grown back brunette – I was blonde before."

Compensation has still to be agreed but NHS Blood and Transplant (NHSBT), oversee transplants in the UK said that the incident had involved a specialist nurse who had been in the role for a relatively short period of time; her training was not complete but she was receiving support from a colleague."

Lynda Hamlyn, chief executive of NHSBT, admitted the surgeries would not have taken place if the doctor had been aware of the full information regarding the donor's cancer.

If you or anyone you know has any concerns regarding anyhting similar, and would like some specialist advice please contact us on 0800 694 044, email us at: mailto:injury@footanstey.com or click here to contact us by other means.

Full story: guardian.co.uk

Legal Aid to continue for obstetrics cases which result in severe disability

The Ministry of Justice has tabled two amendments to their legal aid cuts in an attempt to have them approved by the House of Lords.

The first amendment is to ensure that those who have suffered physical, psychological or financial domestic abuse are still able to use public funding to resolve separation issues.

The second says that clinical negligence claims where obstetrics cases which result in severe disability must receive legal aid. They have also said that a safety net will continue to exist for other more serious and complex clinical negligence cases where there is a human rights issue.

Welcoming the concession, Peter Walsh, the chief executive of Action against Medical Accidents, said: "It's a tiny step in the right direction but it's not enough. It makes the decision to take other clinical negligence cases out of scope even more irrational.

"What about other complex medical cases? Is the government really saying that as child of two who suffers cataclysmic injuries less deserving than a baby? What is the distinction they are making? There's an overpowering argument for keeping all clinical negligence cases in scope."

Robert Antrobus head of Foot Anstey's clinical negligence team agrees: " Whilst this is good news, it still seems anomalous that a child who suffers an injury at birth could receive legal aid and yet a child who is severely injured as a result of, say, the delay in diagnosis of meningitis, which can have catastrophic consequences, will not.

"I do hope that there is further reflection on this. Much of the research produced has shown that the abolition of legal aid for clinical negligence is a false economy."

If you or anyone you know have been affected by a birth injury and would like to speak to Robert or one of our specialist legal team please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Working with Asbestos

Juliette Clarke is a partner in the personal injury team at Foot Anstey and has helped many people and their families, who have suffered as a result of exposure to Asbestos. She offers this advice to those who are currently working with this dangerous material:

Asbestos poisoning kills over 5,000 people in Britain every year but the epidemic is not expected to peak until 2020 and could claim 200,000 lives, for those who are currently working with Asbestos the onset of symptoms could go well beyond that date.

Many cases we see now are for individuals exposed to asbestos many years ago and they have developed diseases such as asbestos related cancer and Mesothelioma.

But what if you are exposed to asbestos now . If you are it may be many years before any disease or symptoms may show.

There has to be a diagnosis of asbestos-related disease before you can bring a claim.

So what should you do? We would suggest you keep a written record of your employers and the work you did which exposed you to asbestos.

To gain compensation the first question will be where did you work, the dates, and how were you exposed to asbestos.

Making a record today will produce a better record than your answers in twenty or thirty years time.

Your record also makes it easier for your family to take action if you are too ill to help.

If your employers are responsible for your exposure you should also record who your employers insurers are and the policy number.

It is sad to be offering such advise, but the asbestos injury is made a little easier by the knowledge that some financial security will be left behind for the family.

If you or anyone you know has or is suffering form an asbestos-related disease and would like to speak to Juliette or one of our specialist legal advisors then please contact us on 0800 694 0441, email us at: injury@footanstey.com or click here to complete an online enquiry form.

Youngsters call for cycle helmet law

Despite many youngsters shunning cycle helmets, boys and girls aged 11-16 would welcome a law enforcing their wear. Anecdotal research carried out by the Brain Injury Group in association with Activate Sport among 100 active youngsters aged 11-16, showed 69% would prefer it to be law for under 16s to wear a helmet when cycling. Oddly though, only 34% of the same children said they always wear a helmet, 36% said they sometimes did and a worrying 30% said they never wore one.

More boys than girls never wear a cycle helmet (20% compared to 13%). The same percentage (43%) sometimes wear a cycle helmet while 45% of girls claim to always wear one compared to 37% of boys.

When it comes to skiing, more children always wear a helmet compared to cycle helmets (47% compared to 34%) but a worrying 38% said they never wore a ski helmet (compared to 30% who never wear a cycle helmet).

Parents on bikes and skis need to lead by example – and their children would welcome them taking a more pro-active stance on helmet wear. The survey showed that 56% of these youngsters' parents wore a cycle helmet but only 38% wore a skiing helmet – leaving 62% of parents skiing without protective headgear. Children would definitely like to see their parents wear a ski helmet with a resounding 72% saying adults should do so.

Asbestos victims fear the cost of justice reforms

It has been reported that many victims of asbestos poisoning are demanding Justice Secretary Ken Clarke changes his "abhorrent" reforms which mean that claimants could have to pay large amounts of money for justice to be done.

Mr Clarke and the government say the reforms are aimed at fraudulent or low value whiplash and other claims.

Unfortunately the broad-brush approach means the it will also make it harder to claim for situations such as industrial diseases. Currently the defendant, such as a big company, picks up the cost of insurance which also pays the legal fees if they lose the case.

Under the reforms claimants would have to pay an upfront insurance fee of around £2,300 so if they lose they are protected from having to pay the defendant's costs.

The new rules would also mean if victims win their case they would then have to hand up to 25% of the compensation to their lawyer.

The Asbestos Victims Support Groups Forum UK has written to Mr Clarke urging him to rethink his reforms.

Their letter says: "The vast majority of occupationally-related respiratory diseases are asbestos-related. Of those diseases, mesothelioma accounts for some 50%.

"It is considered abhorrent that dying asbestos victims should have to surrender any of their damages in legal costs.

"We urge you to make an exception for those who suffer so badly and are completely faultless."

If you or anyone you know has or is suffering form an asbestos-related disease and would like to speak to one of our specialist advisors then please contact us on 0800 694 0441, email us at: injury@footanstey.com or click here to complete an online enquiry form.

Full story: mirror.co.uk

Man claiming over £300,000 compensation for alleged missed cancer diagnosis

A roofer who alleges that doctors missed a diagnosis of cancer of the penis is looking to claim a minimum of £300,000.

The man fell on to a sharp pole during an accident at work and was seriously injured. He was taken to the Royal London Hospital - an institution managed by the Barts and The London NHS Trust - for treatment, according to a report in the Daily Telegraph.

The 50 year old is now pursuing legal action, claiming that doctors missed signs that he had the developed the disease. He claims that following a biopsy doctors misdiagnosed him with a skin condition when he was in fact suffering from cancer.

He claims that, as a result of the diagnosis he had to have part of his genitals removed and has also suffered psychological issues.

If you have any concerns regarding a misdiagnosis or delay in treatment, and would like some specialist advice please contact us on 0800 694 044, email us at: mailto:injury@footanstey.com or click here to contact us by other means.

Hospital admits negligence during birth of baby girl

A mother is seeking compensation after the Leicester NHS trust admitted negligence over the birth of her daughter.

The daughter was born showing no signs of life and doctors stopped resuscitation after 13 minutes.

But half an hour later, a member of staff realised she was pink and taking breaths.

Tests showed the baby, now five, had suffered brain damage after being starved of oxygen during her birth and she now has cerebral palsy. She has a small head, takes medication for frequent vomiting and is at risk of conditions such as epilepsy and scoliosis.

During the birth an obstetric registrar found it impossible to deliver her head and called for help. A specialist registrar had to enlarge the incision before the baby was delivered, not breathing and with no signs of life.

About half an hour later the neonatal registrar realised that she was pink and gasping as she lay alone on the resuscitation table, according to the writ.

She was transferred to the neonatal unit, where she developed abnormal movements and needed ventilation.

Her mum, says that, without medical negligence, her daughter would have been delivered alive and unharmed and the trust admitted this in March last year.

The clinical negligence team at Foot Anstey have assisted with many cases where lack of oxygen at birth has resulted in brain damage and cerebral palsy.

If you or anyone you know have been affected by similar circumstances and would like some specialist legal advice please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Original story: metro.co.uk

Over £73,000 awarded to pensioner for asbestos related illness

A 92-YEAR-OLD ex-miner suffering from asbestos-related cancer has been awarded over £73,000 damages by the High Court.

The man has been battling against mesothelioma – a cancer of the lining of the lungs notorious for its incurability and for the pain endured by its victims and is now living in a care home.

In March last year, after being plagued by a hacking cough and breathing difficulties, his stepson found him lying on the floor of his flat.

He was later diagnosed with mesothelioma.

Fiercely independent, the 92 year old had been determined to stay in his own home and this is proven by the fact he continues to pay the rent on his flat, in the hope that he may be able to return one day.

Juliette Clarke a partner in the personal injury team as Foot Anstey says: "Unfortunately we are all too aware of the effects of Asbestos and the fact that in can take many decades to present in the form of symptoms and illness.

"Most asbestos-related diseases are gained as a result of working in an asbestos heavy environment without the appropriate protective equipment. It can, tragically, also occur as a result of touching the clothes or belongings of someone who works in such an environment. Your employer has a responsibility to protect you, and your loved ones, from contracting illnesses as a result of your working environment. If they fail to protect you, then you may be entitled to make a claim."

If you or anyone you know has or is suffering form an asbestos-related disease and would like to speak to Juliette then please contact us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry form.

Serious injuries after being crushed by bus

A bus company engineer had to have six months off work after the bus he was working on fell and crushed him.

The unnamed man was rushed to hospital, where it was discovered that he had broken his pelvis and numerous ribs.

He had been tasked with reseating as airbag on one of the open top buses, in order for the work to be done the bus was raised off the ground and support by blocks and columns.

Unfortunately one of the blocks broke and a part of the bus crushed him, his injuries were so severe he was unable to return to work for 6 months.

The bus company were fined £10,500 by the HSE as it was decided they could have used another form of lifting or taken the bus to a different depot where there was an inspection pit that could have been used.

If you or anyone you know has suffered as a result of a serious injury, accident or illness through work and would like to speak to one of our specialist advisors please contact us on 0800 694 0441, email us at: injury@footanstey.com or click here to contact us by other means

For full story: HSE

Winterbourne carers plead guilty to charges of ill treatment of patients

At a hearing today at Bristol Crown Court, a number of care staff from Winterbourne View have pleaded guilty to a series of offences under the Mental Health Act 1983 and Mental Capacity Act 2005 in relation to their treatment of former residents.

The undercover investigation found evidence of physical and verbal assault and abuse, as well as neglect and bullying of vulnerable adults with learning disabilities and mental health problems.

Following the entering of the guilty pleas, the Judge, His Honour Judge Longman, ordered the matter to be returned to Bristol Crown Court on 16 March 2012.

Andrew Hannam, Partner at Foot Anstey LLP, represents eleven individuals pursuing civil claims for compensation arising out of events at Winterbourne View. He comments that:

"The entering of guilty pleas will be significant for the families affected by this case. They want to know what happened, and the acknowledgment of wrong-doing by some of the people who were supposed to be caring for their relatives is the start of this process. The civil investigations will now continue."

Click here to read the latest coverage on this story from BBC News.

Worker injured in crane accident at power plant

A 13kg weight dropped 4 metres from an overhead crane, landing on and breaking an operator's foot, despite the reinforced boots provided by his employers.

Two men had been operating the 21-ton crane and needed it to change direction. They were using the steel pole provided to pull down on a chain which operated the steering mechanism. As they did, the counter-balance weight and chain detached from the crane and came crashing down.

Magistrates were told by the HSE that the crane had not been serviced as regularly as it should and the 13kg weight was not secured properly.

Two companies were prosecuted by the HSE and both were £13,300 and ordered to pay costs of £3,151.

Our experienced personal injury team have helped many people who have suffered as a result of an accident or injury at work, or a work related illness.

For full report: HSE

Inquest finds

Foot Anstey represented the family at an inquest in to the death of two month old Ethan Cross. Unfortunately, the inquest found that there were 'bad failings' which contributed to his death.

Ethan was diagnosed antenatally with an exomphalos, which is where some of the internal organs grows outside of the body, such that his mother, Shelley, was transferred to Bristol for delivery. Following birth, Ethan was well enough to undergo surgery, which was completely successful. To that end, arrangements were made to transfer Ethan back to Plymouth, his home city.

Unfortunately, during the first night following his return, he suffered an acute event which, the coroner found, was not managed properly. As a result of these failings, Ethan's brain was starved of oxygen when a breathing tube, which had probably been dislodged, was not replaced quickly enough. He died a week later.

Andrew Cox, deputy coroner for Plymouth, recorded a verdict of death by misadventure.

He said: "In my view there were failings, bad failings even. There was not, however, a total and complete failure."

Describing the events that led to Ethan's tragic death, Mr Cox said "individually competent people failed collectively in this critical situation".

Following the incident Derriford hospital held an investigation which lead to changes around training, reviewing new doctors, team working and management of ill babies.

The nursing staff on the neonatal unit at Derriford were very experienced, however, the Coroner heard that the registrar and senior house officer had both only been based on the ward for around two months and were therefore both inexperienced in dealing with acute episodes. There was , however, a consultant on call.

Dr Cox said that the “likely trigger” was the breathing tube becoming displaced and described staff's initial response as "appropriate", in giving oxygen and increased ventilation.

He said that the consultant was called from home at the right time and responded appropriately.

However, before the consultant arrived, the emergency needed "confident clear leadership", which the registrar was expected to provide and did not do so, the coroner said.

Mr Cox said the registrar's actions were those of a doctor with "little experience" of the specialist skills required, and "lacking confidence" to lead in an emergency.

The tube was finally removed on the advice of the consultant, who was on his phone en route to the hospital. He arrived shortly afterwards and replaced it but by that time the damage was done.

Robert Antrobus, partner and head of clinical negligence at Foot Anstey, who represented the family during the inquest, said: "The family are grateful to the coroner for his thorough review of the events leading up to Ethan's death.

"Sadly the coroner, delivering a verdict of misadventure, has found evidence of substandard care which has played a significant part in baby Ethan's death.

"The family does however acknowledge that the Trust have undertaken a full investigation which highlighted problems with Ethan's care through its serious untoward incidents (SUI) procedure. Indeed, it is reassuring to note that the trust has identified steps to take, and improvements to be made, following Ethan's death. The family sincerely hope that the lessons learned in this tragic case result in other families not having to go through what they did."

Plymouth Hospitals NHS Trust yesterday released a statement detailing "robust" changes made following the death.

A spokesman said: "We offer our sincere sympathies to the parents and family of baby Ethan.

"This was a very sad case and we are extremely sorry that there were failings in the care given to Ethan.

"As the coroner noted during the inquest, we had undertaken a full investigation into what happened and, as a result, we have made a series of robust changes within our neonatal intensive care unit during the past year."

Foot Anstey have an experienced team of solicitors who regularly act for families at inquests. Should you require representation, or advice, in relation to an impending inquest then contact the team on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Fall through shed roof results in serious facial injuries

A farmer in Cornwall has been prosecuted following injuries sustained to a self-employed worker.

The 24 year old fell 16ft while he was helping to remove fibre cement roof sheets from a shed. He was left with a broken jaw, damaged eye socket and broken arm.

The HSE proved that the farmer had not carried out the proper assessment or provided a plan for the work. The correct equipment for the job was not provided and no safety measures in place to protect workers if a fall should occur.

The farmer pleaded guilty to a breach of Regulation 4 of the Work at Height Regulations 2005 and was fined £4,000 and ordered to pay £1,033 in costs.

Our experienced personal injury team have helped many people who have suffered as a result of an accident or injury at work, or a work related illness.

Full story from: hse.gov.uk

Patients more at risk if admitted to hospital on a weekend

A major study, in the Journal of the Royal Society of Medicine, found that patients were 16% more likely to die if they were admitted on a Sunday than mid-week.

Over 14 million admissions were covered in the study both emergency and planned and looked at over 187,300 patients who died within 30 days of being admitted to hospital during 2009-10.

The lead researcher did note that those admitted on a weekend were more likely to be seriously ill. He also said reduced staffing and fewer senior doctors on duty, as well as poor access to diagnostic tests at weekends, could have an effect.

His team said seven-day access to "all aspects of care" could improve the outcomes for higher-risk patients currently admitted at weekends.

Previous studies have found higher death rates for emergency admissions.

The clinical negligence team at Foot Anstey have helped many people in similar circumstances where avoidable injuries or deaths have occurred as a result of a lack of staffing and facilities, delays and/or errors being made.

Full story: bbc.co.uk

Company fined following death of 26 year old man hit by crane boom

A 26 year old man died after an accident at work. The Father-of-one was working on a building site, when a mini-crawler crane was in the process of lifting a skip onto the site.

The skip, containing liquid concrete, overturned and the boom of the crane struck him causing crush injuries to his upper body. He died at the scene.

The company were prosecuted by the Health and Safety Executive (HSE) for breaching health and safety legislation.

They showed the company failed to properly plan or supervise lifting operations on the site.

The personal injury team at Foot Anstey have helped many victims of accidents at work and their families.

If you or anyone you know has been affected by an injury through work or a work related illness and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Full story from: hse.gov.uk

Double mastectomy for mother with breast cancer who was told rash was sunburn

A mother was told on 6 separate consultations that the angry rash across her chest was nothing to be concerned over, one doctor telling her it was sunburn.

The mother of two knew that something was not right and eventually got referred to a specialist who also gave her the all-clear.

It was only when she demanded to see another breast specialist that the truth was revealed. Following an X-ray and needle biopsy it was discovered that she was suffering from inflammatory breast cancer (IBC), an aggressive disease that affects as many as 1,100 women out of the 45,000 diagnosed with breast cancer every year in Britain.

The treatment involved chemotherapy, followed by surgery.

The symptoms of IBC, which can appear rapidly, include:

Itchy, swollen or painful breasts.
In some cases, skin on the chest can also appear pitted like the surface of an orange.

IBC usually forms in layers, not as a solid lump like most breast cancers, and therefore didn't show up on ultrasound tests.

The redness is caused by cancer cells blocking the tiny channels that run through the breast. These channels are part of the lymphatic system, which helps the body fight off infections.

Breast cancer surgeon Professor Kefah Mokbel of the London Breast Cancer Institute and St George's Hospital in London says: "Many doctors will wrongly diagnose mastitis, a common condition in new mothers where the breast becomes infected. I had a case where the patient had IBC for a year and the doctor had been treating her with antibiotics. My advice to women is they should ask to be referred to a specialist if their symptoms have not improved after two weeks.

'Women who are pre-menopausal, Afro-Caribbean women and those with a body mass index above 30 are most at risk. Early diagnosis is vital. Look out for changes such as abnormal swelling. Most women with IBC won't have a lump.

"The drugs will halt the progression of cancer so then doctors can carry out surgery to remove the breast and stop the spread of the disease. IBC is curable in 50 per cent of cases.'

Women with these kinds of symptoms should be given both an ultrasound and an MRI scan – and if these show up negative, they should have a biopsy, where cells are removed from the breast with a needle for testing.

Chris Thorne, partner in the clinical negligence team at Foot Anstey commented: "Most women are very aware of the need to be vigilant regarding lumps in breast tissue. I am sure that there are lots of women who would not have realised that these symptoms could be related to breast cancer.

"This case highlights the need to insist on second opinions when you know that something is not as it should be.

"We deal with many cases where a delay in diagnosis has resulted in a much worse prognosis than if the diagnosis had been made earlier. In these cases it is vital that you seek the advice of a legal professional as soon as possible".

For full story: dailymail.co.uk

Report shows 6% Increase in Cosmetic Procedures

Despite the climate of financial uncertainty, the British Association of Aesthetic Plastic Surgeons has revealed an average increase in cosmetic procedures across Britain of almost 6% resulting in 43,069 procedures carried out by its members in 2011. Almost a quarter of those procedures were breast augmentations. Rhinoplasties, or "nose jobs", saw the biggest increase in popularity - up 7.2% from the figures released for 2010.

However, now that there has been an apparent change in attitude towards cosmetic surgery, are the risks associated with even so called standard procedures being underestimated by patients and providers alike? A report by the National Confidential Enquiry into Patient Outcome and Death found that many providers were failing to assess and care for patients properly. It said that too many providers are offering procedures that they perform infrequently and psychological evaluations are not being carried out, leaving patients open to emotional difficulties post operatively.

The various risks involved with cosmetic procedures have been evidenced by the recent PIP implant scandal which saw faulty breast implants filled with industrial rather than medical grade silicone. Around 300,000 of these implants were sold around the world and around 40,000 in the UK alone – 95% of which were provided by private clinics. The Department of Health's Chief Medical Officer, Dame Sally Davies, has said that the implants do not need to be removed unless the individual has symptoms such as pain and tenderness and there is no link to cancer or clear evidence of an increased risk of harm when compared to other implants. However, the question remains as to why the providers were allowed to flout patient safety to begin with.

It must surely be the case that commercial gain cannot influence patient welfare and with this in mind, the British Association of Aesthetic Plastic Surgeons has called for increased regulation of this sector in the UK. Most significantly, it has called for a ban on the advertising of procedures saying that the current level of media coverage is inappropriate. The Association's president, Fazel Fatah has said, "We have warned against the unrealistic expectations set by reality 'makeover' shows and against crass competition prizes promising 'mummy makeovers' and body overhauls...In no other area of surgery would one encounter Christmas vouchers and two-for-one offers – the pendulum has swung too far, and it is time for change."

It therefore seems that there is an appetite for change and the NHS and Department of Health will now be taking a welcome and serious look at what can be done to make sure those who elect to undergo cosmetic procedures are safe.

If you or anyone you know would like specialist legal advice regarding cosmetic procedures, please call us on 0800 694 0441, email at injury@footanstey.com or click here to complete an online enquiry.

Major construction firm fined more than £100k after death of 23 year old

The HSE have reported that a 23-year-old man died through injuries sustained in an accident at work. His head became trapped in the jaws of a grab machine being wrongly used to move a pallet of cement bags. The young man was working for construction company JN Bentley Ltd.

Moving the 30 or so cement bags was to be the last job before the weekend when the incident happened.

Workers used a block grab attached to an excavator to move the load. As they did, the bags fell two metres to the ground, but the pallet remained in the jaws of the block grab. The pallet pivoted and the man took hold of it to pull it free. As the pallet came away, the jaws dropped and clamped on his head, causing severe injuries. He died the following day.

J N Bentley Ltd pleaded guilty at an earlier hearing to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. They were fined £106,250 and ordered to pay costs of £90,000.

If you or anyone you know has suffered an injury or accident at work and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

The full story is available at hse.gov.uk.

Missed bowel cancer diagnosis means single mum faces life in wheelchair

A 46 year old single mum could spend the rest of her life in a wheelchair after doctors missed the fact that she had bowel cancer.

She went to doctors many times, over several years, with abdominal pain and bleeding and was sent away with laxatives and dietary advice.

Years later she was referred to hospital and tests revealed that she had an advanced bowel cancer which had grown into the spine. She is now faced with having the tumour and part of her spine removed which would result in her never walking again, losing the use of her legs and never being able to have sex again.

She wants to highlight her situation to people and maybe dismiss some of the myths and stigma around bowel cancer so that people in a similar position will not take no for an answer.

Chris Thorne a partner in the clinical negligence team at Foot Anstey commented: "Unfortunately we are contacted by too many people who have had a misdiagnosis and subsequently delayed treatment of cancers. Whilst we are not directly involved in this particular case the results are often similar.

"People turn to professionals for help when something is wrong and the majority of those professionals will do their very best to find a solution, but if people feel that they are not being listened to or taken seriously it is not always easy to keep going back – but this is what must happen and if necessary people should ask for a referral to a specialist."

For original story: enfieldindependent.co.uk

Factory worker dies after being struck by machinery

A 28 year old former rugby player was killed when he was struck by a piece of machinery whist at work.

The global manufacturer was prosecuted by the Health and Safety Executive (HSE) and has been fined £180,000 after the man was killed at an Andrex factory in Barrow-in-Furness.

On investigation it was found that a dangerous piece of machinery had been left unguarded following modifications four months earlier.

Speaking after the hearing, HSE Principal Inspector Mark Dawson said:

"Significant modifications were made to this machinery which resulted in the creation of a dangerous trap point. Kimberly-Clark failed to notice this and, as a result, a young man in his prime was killed.

"None of the workers at the factory had received training on how to use the machine after it had been modified, or on how to safely check the tissue was being fed through correctly. This meant that, for several months after the modification, their lives were put at risk.

"Tragically, ..... lost his life when he looked inside the machine at the moment when it moved a new reel into place. If all of the dangerous parts on the machine had been properly guarded then his life could have been saved."

Juliette Clarke, partner in the personal injury team at Foot Anstey commented: "This young man's death was totally avoidable and his family are still bereft.

"Although not involved in this case, we have helped with many cases where people have been seriously or fatally injured whilst carrying out duties at work with little or no training and supervision.

"There are still too many of these accidents in the work place and employers are bound by a duty of care to provide the right training, supervision and a safe working environment."

Below is brief guide to the employer's duty of care in practice

All employers, whatever the size of the business, must:

make the workplace safe
prevent risks to health
ensure that plant and machinery is safe to use, and that safe working practices are set up and followed
make sure that all materials are handled, stored and used safely
provide adequate first aid facilities
tell you about any potential hazards from the work you do, chemicals and other substances used by the firm, and give you information, instructions, training and supervision as needed
set up emergency plans
make sure that ventilation, temperature, lighting, and toilet, washing and rest facilities all meet health, safety and welfare requirements
check that the right work equipment is provided and is properly used and regularly maintained
prevent or control exposure to substances that may damage your health
take precautions against the risks caused by flammable or explosive hazards, electrical equipment, noise and radiation
avoid potentially dangerous work involving manual handling and if it can't be avoided, take precautions to reduce the risk of injury
provide health supervision as needed
provide protective clothing or equipment free of charge if risks can't be removed or adequately controlled by any other means
ensure that the right warning signs are provided and looked after
report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business

The full story and Information on improving manufacturing safety is available at hse.gov.uk.

Report finds thousands of diabetes deaths avoidable

Up to 24,000 deaths a year among diabetes patients could be prevented through better management.

The report, by the NHS Information Centre, compared information about people with diabetes in England with data from death records.

Young women with type 1 disease were nine times more likely to die than their peers.

As many as 75,000 people with diabetes die each year.

Yet almost a third of these could be avoided by better management of the condition, the study found.

Authors of the report said more must be done to effectively manage the condition and reduce loss of life.

Diabetes UK chief executive Dame Barbara Young described the findings as 'incredibly alarming'. Experts said the rate of deaths would increase unless care improved.

It follows the government's diabetes czar calling on GP practices to deliver more of the nine key annual diabetes checks to improve management of the condition.

Chris Thorne, partner in the clinical negligence team at Foot Anstey commented: "Self-management is the key to controlling diabetes, but in order for this to be effective people need the right level of support and advice.

"With the correct management there is no reason why any diabetic cannot have long and healthy lives.

"It is imperative that both diabetics and health care professionals are given the training and advice that they need to ensure that the number of unavoidable deaths is reduced."

Foot Anstey wins 'Regional Law Firm of the Year' award at British Legal Awards

Foot Anstey has won the highly prestigious Regional Law Firm of the Year award at the British Legal Awards.

The British Legal Awards recognise the achievements of law firms, teams and individuals who have responded most successfully to the demands being placed on them in the new post-recession business environment. They celebrate achievement, excellence and innovation in the industry. The Regional Law Firm of the Year category was open to all UK commercial law firms based outside London

Firms had to convince the judges that they were leaders in their chosen markets, and had made significant progress over the past 12-18 months. Foot Anstey beat off significant competition to land the award.

Commenting on the announcement, Managing Partner John Westwell, said; “I am delighted with the result which confirms the success of our strategy and further extends our position as one of the region’s premier law firms. We believe that this type of objective and independent recognition is particularly important as it helps organisations and professionals to choose the right firm. We have grown by 30% in the last five years and by 7% in the recessionary years and have invested heavily in bringing the best talent to the region. We pride ourselves on participating with our clients rather than merely commentating and this, I believe, is why we have been so successful.”

He added; “We understand that clients and professionals who use and recommend us have a vested interest in our success and we treat them as valued stakeholders in our business. Our approach has helped to secure a growing regional and national client base which includes Halfords, Progressive Digital Media, Odeon/UCI Cinemas, Screwfix, Viridor Waste Management Limited and Which? Ltd. This year alone we have had over 30 lawyers recognised as being leaders in their field by independent sources.”

CQC Has failed to deliver

A report published by the National Audit Office (NAO) this morning has found that the Care Quality Commission, the regulator of health and adult social care services in England, has failed to deliver sufficient service or value for money in a number of key areas.

Between October 2010 and March 2011, the Commission only undertook 47% of the planned number of reviews into providers of health and adult social care services. The NAO considers that part of the problem in the lack of reviews was staff shortages. In September 2011, 14% of staff positions were empty, and 40% of these were positions for registration and compliance inspectors, meaning that the Commission could not properly ensure that providers were complying with the statutory essential standards, and were not in a position to take action where providers were found to have failed. They were also criticised for how reviews were initiated, which were previously decided on a risk management basis.

"Individual compliance officers, in association with their manager, decide whether to conduct a compliance review, and whether an inspection is needed. These decisions are a matter of judgment and there is no guidance for inspectors on how to decide when to initiate a review."

The Commission have said that, following the events at Winterbourne View in Bristol, they are "proposing to move away to some extent from a risk-based approach to compliance". The report highlights that, at least in the public view, this is what should already have been happening.

In addition to the staff shortages, existing compliance inspectors were diverted from their work in order to deal with the considerable backlog of registrations of providers following the introduction of compulsory registration under the Care Standards Act 2000. The NAO also found that the Commission had failed to comply with the timetable for registering providers in the case of two out of the three different groups of providers.

In light of events at Winterbourne View, the Commission was also criticised for its management of whistleblowing. "It [the Commission] ... recognised that, if it had contacted the whistleblower immediately, it would have been alerted to the seriousness of the situation".

Andrew Hannam, partner in the healthcare team, who represents a number of families affected by events at Winterbourne View, comments:

"The concerns highlighted by the NAO report further underline the issues that have previously been raised about the functioning of the CQC whose role in the Winterbourne scandal will need to be carefully considered."

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from this case, please contact Andrew Hannam on 01823 625642 or andrew.hannam@footanstey.com

Full story: bbc.co.uk

Criminal charges made in Winterbourne View case

Yesterday, Avon & Somerset Police confirmed that ten people who worked at Winterbourne View, the private hospital which was the subject of a BBC Panorama programme, will face a total of forty criminal charges for ill treatment and neglect under the Mental Health Act 1983 in relation to offences against four victims.

The BBC programme, broadcast in May this year, made allegations of physical abuse, teasing and taunting by members of the hospital staff against some of the most vulnerable residents, many of whom suffer from learning disabilities. The hospital was operated by Castlebeck, a private firm, and has since been closed.

Three other people arrested as part of the inquiry on suspicion of causing ill treatment under the Mental Capacity Act 2005 remain on police bail. One person arrested on suspicion of common assault has been released without charge.

Andrew Hannam, a partner specialising in healthcare litigation, is instructed on behalf of a number of former residents of Winterbourne View in relation to the civil claims for compensation, and comments that:

"The criminal charges are only one part of the much wider investigation into the events surrounding Winterbourne View. There are a number of reviews currently being undertaken by the various bodies involved, including the NHS, local authorities, and Castlebeck itself. What now needs to happen is a focus on what can be done to support those former residents affected, and their families, and to ensure that they are appropriately compensated for what happened."

Original story: bbc.co.uk

Weekend hospital admissions found to be more "risky"

A report has highlighted that being admitted to hospital over a weekend, compared to a weekday, is risky.

Research company Dr Foster found a "worrying" 10% spike in deaths for patients admitted to hospital at a weekend compared with weekdays across 147 hospital trusts.

It said some deaths could have been avoided if more senior staff were on duty at weekends, and with better access to services such as diagnostics.

Mike Bird, partner in the clinical negligence team at Foot Anstey commented: "Patients deserve the same level of care whether they are admitted over a weekend or during the week. An urgent admission requires urgent assessment and treatment, and some problems just won't wait till Monday morning.

"There is less community-based support available over a weekend so referrals to hospital are likely to be higher and this should be provided for. If the correct staffing levels are not provided then the level of care is bound to be poorer than at other times.

"None of the South West's Hospital Trusts are singled out for criticism in the report, but Trusts must still ensure that they are able to manage demand over weekend and holiday periods.

"Without proper planning and availability of senior staff, delays and errors in diagnosis and treatment are likely to increase and patients will ultimately suffer. We have helped many people in similar circumstances where avoidable injuries or deaths have occurred as a result of a lack of staffing and facilities, delays and/or errors being made.

Sperm Destroyed at Cardiff IVF Clinic

It was reported last week that the frozen sperm samples of three patients at a IVF clinic in Cardiff have been mistakenly destroyed.

A member of staff was asked to transfer some patients' samples to a new storage container. Upon finding some unlabeled samples at the bottom of the old storage container, the member of staff disposed of them without obtaining authority from a supervisor and without a second witness.

Similarly, in the ground breaking case of Yearworth v. North Bristol NHS Trust the claimant's sperm samples were also destroyed when the hospitals storage unit failed.

Foot Anstey's Chris Thorne, the leading expert in cryogenics, IVF and male fertility law, represented the claimants in this case. The Court of Appeal made new law by recognising the serious nature of the loss that occurs when patient's sperm samples are mistakenly destroyed and therefore their right to compensation, for having suffered such a significant reduction in their ability to father a child.

It is disappointing and sad to note that the lessons learned in that case and the Sheffield and Edinburgh cases where similar incidents have occurred, have not been taken on board and that procedures implemented to avoid such reoccurrences are not being followed.

Ten years after the first incident it appears that patients are still being put at risk of being unable to participate in IVF treatment, potentially their only hope of having a child of their own, by the carelessness of hospitals and their staff.

Mr Thorne commented that "The law, in recent years, has been outstripped by medical science. However, the Court of Appeal in Yearworth were willing to tackle this controversial issue and bring the law up to date with the fast-moving world of scientific and medical research.

"The Court recognised that there is little more important to anyone than their ability to become parents and that the standard of care should be particularly high to reflect that unique importance.

"We hoped this case might ensure a higher standard of care in these situations" he continued " that was ultimately the aim of the claimants, who were willing to go through the considerable stress, uncertainty and cost of pursuing the case to the Court of Appeal.

"Unfortunately, it seems that in some cases this has not come to fruition and I sincerely hope that what has happened in Cardiff will once again highlight and enforce the importance of ensuring the utmost care is taken regarding patients sperm samples."

If you or anyone you know has been affected by anything similar and would like some specialist legal advice please call us on 0800 694 0441, email at: mailto:injury@footanstey.com or click here to complete an online enquiry.

Report finds basic care for elderly in their homes 'breaching human rights'

A home care review published by the Equality and Human Rights Commission has found that basic care for the elderly in their own homes is sometimes so bad that basic human rights are being breached.

The review found that of the people who had provided evidence to the investigation, only half said they were satisfied with the care that was being given. Complaints included:

Not being given enough support to eat and drink
Some staff saying that health and safety restrictions prevented them from preparing hot food
Neglect because staff stick to rigidly to their given tasks
Staff being too busy to help with basic needs such as toileting
Financial abuse including theft
Disregard for privacy and dignity, especially in areas such as personal hygiene and freedom of choice
Degrading treatment by staff
Patronising behaviour by staff
Inappropriate behaviour by staff whilst caring for clients
Physical abuse

The underlying problem with home care was found to be a basic lack of compassion and common sense by staff. It is also highlighted that in these, and future, times of financial cutbacks, the provision of home care for the elderly is likely to suffer to an even greater degree.

The review also found that in some cases, the failure of the care was sometimes so bad that it breached the European Convention on Human Rights. The review specifically raised concerns in areas covered by articles 2 (Right to Life), 3 (Prohibition of Torture and Degrading Treatment) and 8 (Respect for Personal and Family Life).

As a result of the review, the Commission has called for a change to the law.

Although Local Authority Councils providing care services are covered by the Human Rights Act 1998, but in reality with most care services being sourced from voluntary and private organisations, there is a concern that the elderly receiving such care in their homes are not properly protected by the Act.

The Commission says that the Act should now be changed to apply to all home care services provided by, and for and on behalf of, Councils in England.

Andrew Hannam, partner in the clinical negligence team at Foot Anstey commented: "This is yet another indication that some of the care provided for a proportion of the most vulnerable members of our society is not sufficient.

"Failure to ensure that even the most basic human rights are upheld is a failing that cannot be allowed to go unchecked. Monitoring and supervision of home care services needs to be properly managed and regulated to prevent these sorts of failures from occurring."

If you or anyone you know would like some specialist legal advice regarding the care of vulnerable adults please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Original story: bbc.co.uk

Robert Antrobus appointed Trustee of the Brain Injury Social Work Group

Robert Antrobus, Partner and head of Foot Anstey's Personal Injury, Clinical Negligence and Mental Capacity Team has just been appointed as Trustee for the Brain Injury Social Work Group (BISWG), a charity which aims to raise the standards of social work practice and other relevant specialist services in supporting people with a brain injury, their families and carers.

On his appointment, Robert said "I am delighted to be involved with BISWG. They are a progressive charity which operates within the field of brain injury, by providing seminars, conferences and forums. They have an important part to play in raising the general awareness of brain injury, particularly in the social work arena".

BISWG actively supports the national debate on increasing specialist knowledge, skills and resources for those with a brain injury and their families and carers. Members represent the interests of clients on national working groups and organisations and through initiatives in the private, public and voluntary sectors. More detail of BISWG can be found at www.biswg.co.uk.

Concerns raised over evidence sought at inquests

Concerns have been raised over whether some Coroners in England and Wales are being thorough enough when investigating deaths in hospitals.

The BBC Radio 4 programme, File on 4, is going to be discussing this issue on 15 November.

Coroners are responsible for the inquest and the evidence or witnesses produced. It is alleged that sometimes the medical records are not even taken into account.

The government accepts that there are inconsistencies, but says new legislation will tackle the problem.

Jonathan Djanogly Minister, Department of Justice has said "Families should expect a high level of service wherever they live in the country."

The charity Action against medical accidents (AvMA) has worked with scores of families across England and Wales.

It says there is a huge disparity in the approach of coroners to the disclosure of documents, and that in its experience, many do not routinely obtain or read the medical records.

Rob Antrobus, head of the clinical negligence team at Foot Anstey says: "It is important to note that the article is only directed at some coroners in England and Wales and by no means suggests that this is an issue across the board.

"That said, Foot Anstey have supported many families through the inquest process, to ensure that all the relevant evidence is obtained and reviewed to ensure that a full and thorough investigation is undertaken. Indeed, within our team we have a deputy coroner which provides us with a unique expert resource.

"The majority of families who seek our help are looking for answers so that they can understand what happened to their loved ones. If not all the evidence is scrutinised or the right people interviewed then the chances of getting those answers are significantly reduced.

"The lack of understanding of the circumstances surrounding the death of a family member can delay the grieving process and cause further distress.

"We hope that the reforms the government are proposing to the process will ensure that all coroners investigate hospital deaths to the fullest extent and are therefore able to assure the families that all questions have been answered satisfactorily."

If you or anyone you know would like some specialist legal advice regarding inquests please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Original article: bbc.co.uk

UKABIF award for the Brain Injury Group

Foot Anstey congratulate Francis Lacy Scott of the Brain Injury Group, on receiving the UKABIF legal award for Innovation and Inspiration.

Francis is a co-founder of the Brain Injury Group which brings together the best organisations to support those with acquired brain injuries and their families.

The Foot Anstey personal injury and clinical negligence team were selected to be a part of the group from the early stages and applaud both the advice and support which the group offers and congratulate them on this award to Francis Lacy Scott.

If you or anyone you know has been affected by an acquired brain injury and would like some specialist legal advice please call us on 0800 694 0441, email us at: injury@footanstey.com or click here to complete an online enquiry form.

Brain injured man fights for compensation after fall on unlit steps

David Atherley suffered serious brain injury when he fell down six steps and hit his head on concrete.

He was staying at the on-site flat in the Clock Tower Hotel in Exeter with his partner Kris Lee-Hewings who was assistant manager at the hotel.

It was around 1.25am and raining when they came back to the flat after visiting a bar and the accident happened.

David, a former Derriford Hospital manager is claiming the steps to a staff flat, which formed part of a fire escape, were unlit and there should have been a handrail.

He needed two major operations, a titanium plate in his head and months of rehabilitation after the fall.

Juliette Clarke, brain injury claims specialist at Foot Anstey and acting for David Atherley said: "The effects of brain injury can be devastating.

"The problem is in most cases an individual looks well and will appear normal to someone who does not know them, but its the subtle cognitive difficulties that can have a huge impact on how that individual copes.

"Employers can often be unsympathetic (though not in David's case) and those injured can feel isolated from friends - groups such as the Brain Injury Group and Headway do much to provide support for such individuals and their families.

"The effects on loved ones and those injured should not be underestimated. That is why it is so important to have a detailed understanding of brain injury when dealing with cases such as these."

If you or anyone you know has been affected by an acquired brain injury and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Full story: thisisplymouth.co.uk

Security Consultants Injured Whilst Working in the Middle East

Foot Anstey has extensive experience of acting for security consultants working on contracts and injured during the course of that contract in Iraq, Afghanistan, Kuwait to name but a few.

These cases of injuries at work are by their very nature complex and Juliette Clarke, partner in the personal injury team believes that specialist knowledge and previous experience is key.

Examples of cases undertaken include:

Security Consultants injured in a road traffic accident in Kuwait: damages obtained £125,000 and £50,000 respectively.
Ongoing claim for security consultant injured in a road traffic accident in Afghanistan.
Several ongoing claims for personnel injured and now amputees following IED strikes in Afghanistan and Iraq.

If you or anyone you know has been affected by similar circumstances and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Skiing Accidents

Winter is rapidly approaching. Soon the alpine ski season will be in full swing. Many people travel abroad to take part in various winter sports. Skiing by its nature is a high risk sport but what happens if you are skiing down a slope minding your own business when somebody careers into you, knocks you over and causes you serious injury.

In such circumstances make sure you get the details of the other party such as where they are staying with their names or other information relating to them.

Take Sally, a fit active young mother whose hobbies included downhill skiing, competitive horse riding, surfing, swimming, walking, and generally keeping fit. She had a passion for her family and a love of the outdoors. Injured when another skier collided with her she now lives everyday in pain, that pain will never go away. Her life has been turned upside down. She cannot participate in any of her hobbies. She cannot play with her children as actively as she would have liked.

The effects of the injuries on individuals can be devastating and it is important to instruct a specialist solicitor with experience in this area. The personal injury team at Foot Anstey has extensive experience of successfully bringing claims for compensation in such circumstances.

Sally says "Getting compensation won't give me my life back but it does go some way to alleviate the financial difficulties, worries and concerns I now face. My claim was dealt with by several solicitors before being transferred to Foot Anstey. They are by far and above the best. It is worth looking for a specialist."

If you or anyone you know has been affected by an incident abroad and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Children are being failed in NHS hospitals

A report by the National Confidential Enquiry into Patient Outcomes and Deaths (NCEPOD) has concluded that over a quarter of children do not receive the care they should in NHS Hospitals.

One child died from a burst appendix after surgeons failed to diagnose it and get him to a specialist centre in time.

This is the largest study of deaths of children after surgery in NHS hospitals, which found more than one in four received care that fell below acceptable standards, it showed:

378 deaths of children in hospitals between 2008 and 2010 were investigated. Authorities were criticised for poor organisation.

26% of sick children suffered from inadequate care in hospital.

53% of hospitals do not audit their care systems for children.

David Mason, consultant paediatric anaesthetist and an author of the NCEPOD report, said in 2011 children should not be dying from appendicitis, one of the commonest surgical emergencies in the NHS. "It is worrying that this is happening and it is symptomatic of the issues we found. Appendicitis is a common problem and the tragedy is it was not picked up till it was too late."

Robert Antrobus, partner and head of clinical negligence at Foot Anstey, is currently investigating a number of cases along similar lines.

One such case relates to a child who was admitted to a local District Hospital with severe stomach pains and bilious vomiting. The District Hospital thought that the child had appendicitis and were preparing for surgery to treat this.

However, the child deteriorated and following further tests, which should have been done earlier, it was discovered that the child had a blocked bowel. Unfortunately, because of the delay in appreciating this, and transferring the child to a specialist unit, part of the bowel died and had to be removed.

This child will now have lifelong implications from this. Robert agreed with Dr Mason, one of the report's authors, that cases such as this should not occur in 2011.

If you or anyone you know have been affected by delayed treatment or misdiagnoses and would like some specialist legal advice please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Full story: independent.co.uk

Baby with meningitis symptoms dies after being diagnosed as having a viral infection

A five month old boy died from meningitis just hours after he was diagnosed as having a viral infection and sent home from an out-of-hours health centre with Calpol.

His mother Jamie-Lee Ball says she took five-month-old Jayden-James to the clinic run by Bury And Rochdale Doctors On Call (Bardoc) and pointed out his symptoms of temperature, cold hands and feet and purple spots on his neck.

Within hours, Jayden-James's condition deteriorated and he was taken by ambulance to Fairfield Hospital in Bury, where he was given antibiotics. He had a heart attack and died.

Rob Antrobus, head of the clinical negligence team at Foot Anstey has close links with the meningitis trust and says:

"It is very saddening of hear of the death of young Jayden-James and our thoughts are with his family

"Meningitis is notoriously difficult to diagnose and symptoms can mimic other conditions, so it is vital for those that work in the health sector to be highly aware of the symptoms of this devastating disease and the immediate treatment required.

"We have assisted many families where a misdiagnosis of meningitis has resulted in severe disabilities or deaths. This disease can kill in hours and those in the front line of medicine should always err on the side of caution where the presenting symptoms could be attributed to meningitis."

Full story: dailymail.co.uk

Foot Anstey achieves band one ranking in Chambers & Partners legal directory

Chambers & Partners, one of the leading legal directories has awarded top tier status to the Clinical Negligence team at Foot Anstey.

Chambers & Partners employ 100 full-time researchers who interview thousands of lawyers and their clients around the world. This intensive, continuous research identifies the world's leading lawyers and law firms - those which perform best according to the criteria most valued by clients.

In light of this, Foot Anstey are delighted with the ranking achieved for its specialist Clinical Negligence team.

Chambers & Partners had this to say about the Clinical Negligence team:

"This group is commended for its "hard work and perseverance," and it instils trust in clients with its determined approach and caring manner. In the past year, the team has achieved settlements in a range of cases including wrongful birth, catastrophic brain injury and delayed diagnosis."

For the first time this year the directory has included Client Service as a measure and included this quote from a client:

Client Service "Robert Antrobus speaks with real compassion. He wants to make the process as easy as possible through his manner and caring attitude to the family."

Many of the team have been mentioned as key individuals including:

"Andrew Hannam regularly handles birth injury and cerebral palsy claims, and is regarded as one of the "top clinical negligence solicitors, with a very good team around him." He is highly experienced in this field and "his knowledge of the area is second to none," according to sources.

"Robert Antrobus recently recovered £2 million for a client in a wrongful birth claim, and he has also handled a birth injury and a delayed diagnosis case. Clients appreciate his openness and commitment to cases: "He reassured us with his caring manner, as well as his knowledge and experience. He made himself available whenever we needed him and answered our queries openly."

"Claire Stoneman "is personable and gets to the point of a matter; she is a logical and clear thinker." She specialises in matters arising from paediatric surgery, birth injury, neonatal deaths and stillbirths.

Mike Bird heads up the team in Truro. He recently achieved a £6.2 million settlement in a birth injury cerebral palsy claim.

In addition the Personal Injury team have also entered the rankings this year:

"Foot Anstey enters this year's rankings thanks to its increasing profile in claimant work. The team impresses with its "attention to detail" in brain and spinal injury cases arising from RTAs. "They are good at making the client feel part of the team," interviewees point out."

Highlighted is Chris Thorne who "talks sense in a straightforward but friendly way," according to clients. He enters the rankings with 25 years' experience and "an ability to get good settlements for clients."

Dying man endured 8 hour wait for out of hours doctor

The distraught wife of a dying man had to wait 8 hours for an out of hours doctor to attend and her husband then died within minutes of the doctor's arrival.

Adam and Sarah knew that his cancer was terminal and had planned, with the support of their GP, for him to be able to stay at home until he died.

One weekend Adam took an unexpected turn for the worse, months earlier than they had thought and Sarah called the out-of-hours service but only got through to an answer machine.

Adam deteriorated significantly and so Sarah called 999. When paramedics arrived they suggested hospital as he needed to see a doctor, they also tried the out-of-hours service and could not get through either. Sarah explained that Adam did not wish to go to hospital and they were very supportive of his wishes.

The ambulance crew became anxious at Adam's condition, even after they had administered treatment and stressed how important it was that he saw a doctor. It was agreed that as an out-of-hours doctor could not be contacted they would try to contact our GP.

The GP came and stayed for some two and a half hours not wishing to leave Sarah to cope. He finally managed to speak to the out-of-hours doctor who agreed that someone would be there within the hour. Before he left he gave Sarah his contact details with instructions to call if needed.

Sarah also received a call from the out-of-hours service to say their system had been down and that they were now calling everyone back.

After Adam had become worse and increasingly distressed, Sarah did with some reluctance, call out their GP once more.

The out-of-hours doctor finally arrived, around 8 hours after Sarah initially called and sadly Adam died within 5 minutes of his arrival.

The distress caused by the events of that tragic day have left Sarah with PTSD and she is unable to rebuild her life as she should.

Tim Jones from the Clinical Negligence team at Foot Anstey is helping Sarah to claim for the distress caused to her and her husband on the day he died, in addition to the lasting effect it has had on Sarah and her life.

Delayed operation causes teenager to suffer painful death

The last few months of the life of a 13 year old boy suffering from Duchenne muscular dystrophy would not have been so painful had he been given the operation that was recommended.

Arvind Jain repeatedly asked if he would get the operation that would allow him to feed through his stomach, as his condition had become so bad he could not feed or swallow properly.

The Parliamentary and Health Service Ombudsman's report in to the circumstances surrounding his death said he "suffered considerable distress and discomfort".

The operation was recommended by his consultant surgeon over 7 months before Arvind died. The delay was caused by a "chaotic and substandard" referral process.

Medical director of Great Ormond Street Hospital, Professor Martin Elliot, said: "We apologise unreservedly to Arvind's family. We let him down in failings of clinical care."

Chris Thorne, partner in the clinical negligence team at Foot Anstey says: "Our sympathies have to lie with the family of this young boy.

"This kind of delay is clearly unacceptable. It is unfair for anyone to suffer due to the lack of a robust referral process.

"The case is unfortunately not unique and is in many respects similar to one we have recently concluded where a delay in providing an operation to a young man with a degenerative spinal condition led to him suffering a loss of mobility, incontinence and significant disability. In that case this firm recovered over £3.65 million in damages to meet the cost of his future care and other losses.

"We can only hope that lessons have been learned here and that Great Ormond Street have reviewed and made changes to their processes to ensure that this kind of incident will not occur in the future."

If you or anyone you know has been affected by hospital delays and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Full story: independent.co.uk

Military amputees to get more support from the NHS

The government will invest £15m into the care of those who have lost limbs during military service.

The money which is coming from a contingency fund will be fed into the NHS over a three year period from 2012 – 2015 and is aimed at bringing the service provided to amputees by the NHS up to the same standard as those provided by specialist military hospitals and rehabilitation centres.

Juliette Clarke, partner in the personal injury team at Foot Anstey says and a specialist in military injury claims: "It has been a concern that the NHS could not afford to support the specialist needs of those who have lost limbs in service of their country.

"Whilst the NHS can provide the immediate care required by our service men and women, they have not had the money or the recourses to continue to provide the rehabilitative care and prosthetics that are required for a full and active life.

"Unfortunately, we have acted on behalf of many service personnel and found that the provision to provide the right care and equipment for their whole lives is seriously lacking. This boost to that care is therefore very welcome and shows that the government have listened to the requirements of military amputees and acted upon the advice they have been given. Whether this investment is large enough will only show in time."

If you or anyone you know has been affected by a military injury and would like some specialist legal advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Full story: bbc.co.uk

HSE initiative to replace damaged ladders repeated

Falls from height remain the most common cause of workplace fatality. The HSE have advised that in 2008/2009 there were 35 people killed from falling from a height at the workplace, 4,654 employees suffering major injuries and a further 7,065 employees injured where that individual was off work for more than 3 days due to a fall from height.

Between now and 30 November 2011 the Health and Safety Executives are running their ladder exchange initiative again. Last year this resulted in over 8,000 dodgy ladders being removed from use.

It provides businesses with an easy and simple way to replace broken, damaged or bent ladders and trade them in for safe new ones.

Given that all employers are under an obligation to do a pre-use check before a ladder is used to make sure it is safe for use and provide specific publications on the safe use of ladders and step ladders this is an important initiative. A third of all reported falls from height incidents involve ladders, step ladders and this accounts for 14 deaths and 1,200 major injuries each year. Most of them are caused by inappropriate and incorrect use of the equipment.

Juliette Clarke, partner in the personal injury team at Foot Anstey says: "Head injuries can be a major injury suffered when falling from height and particularly from ladders. The effects can be devastating not only in the injured victim but on the family members.

"Employers should be encouraged in this economic climate to take up the Health and Safety Executives initiative and not to cut corners at the expense of people's lives."

If you or anyone you know has been affected by a workplace injury and would like some specialist advice please call us on 0800 694 0441, email at: injury@footanstey.com or click here to complete an online enquiry.

Winterbourne View litigation granted public funding

Ahead of a public meeting this afternoon to discuss the investigation into allegations of abuse the pursuit of compensation for affected families at Winterbourne View, Foot Anstey can confirm that the Legal Services Commission have committed to funding the co-ordination and litigation of the group action.

Specialist lawyers at Foot Anstey are advising a number of families on compensation claims arising from the controversial care home. The public meeting later today will be an opportunity for affected families to come together to share concerns and find out more about the litigation process.

Andrew Hannam, Partner at Foot Anstey, who heads up the team at the firm working on the cases comments:

"I am delighted that the Legal Services Commission have committed to public funding for this very important case. It means that the vulnerable adults affected by their time at Winterbourne View can be properly represented, and their claims for compensation expertly investigated."

Too many hospitals fall short in care of the elderly

Inspectors say that results of unannounced visits are "alarming".

Out of 100 hospitals inspected by the Care Quality Commission, 55 fell short in the areas of most basic care in dignity and nutrition standards.

Those inspected represented more than a third of the total number in England - were chosen through a combination of random selection and because previous research had flagged up concerns about standards.

Common areas of concern included:

A lack of support for those who needed help eating
Poor hygiene
Curtains not being closed properly
Call bells being placed out of the reach of patients
Staff speaking in a condescending or dismissive way
People who were judged to need help eating were not getting it
Interruptions meant that not all meals were being finished by patients
In too many cases patients were not able to clean their hands before meals

Andrew Hannam, partner in the clinical negligence team at Foot Anstey and legal specialist in this area says: "These findings highlight yet more areas of concern over the care of vulnerable adults, along with other reports, such as the one on Winterbourne View and the action against the Cornwall Partnership NHS Trust."

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from sub-standard care, please contact Andrew Hannam on 01823 625642 or email andrew.hannam@footanstey.com

For full story: bbc.co.uk

Asbestos inequality in the Justice System still exists

Asbestos was an extensively used building material between the 1950's until the mid 1980's. Because of its installation and fire proofing qualities, it was used extensively in buildings built for 2000. That can include your home, factories, offices, schools and hospitals.

However when asbestos fibres are inhaled, they can cause serious disease.

Each year about 4,000 people die from asbestos related diseased caused by inhaling the fibres whilst the fibres in the general environment, the key factor in the risk of developing asbestos related disease and/or Mesothelioma is the total number of fibres breathed in. The asbestos inhalation wont affect you immediately it will only affect you later on in life.

This is problem that has faced many individuals.

Generally in takes between 50-60 years for any symptoms to develop after exposure. In the 1950's individuals did not know of the dangers of asbestos despite industry knowledge. Take a Dockyard civilian, civilian MOD employees would be working alongside their military counterparts working on the Naval ships undergoing refit.

There was little or no safety protection in those days and many workers tell stories of playing with the substance and having snowball fights with each. Imagine this scenario then; two neighbours one is civilian and one a member of the Royal Navy both exposed to asbestos at the same time. The civilian is able to bring a claim for negligent exposure to asbestos from his employer but the Navy personnel is unable to. Is this Justice? How does this come about?

Up until 1987, it was not possible to sue the Crown which included the Ministry of Defence. Since that date, it has been possible to sue them but because the exposure may have taken place prior to 1987, service personnel are unable to bring a claim for compensation for exactly the same thing that their civilian counterpart can. This has been challenged right through the English Courts and on to the European courts but the law still remains.

There is hope however for some individuals both military and civilian, who worked in Dockyards around the country and may now have gone on to develop asbestos related diseases.

Where does this source of compensation come from? Where is there a litigation culture – Yes the United States of America. However the fact that there are several funds set up which individuals may be able to claim against is good news for those individuals who cannot claim compensation from any other source. For them and their families, it can provide a small amount of relief for them.

If you or anyone you know have been affected by similar circumstances and would like some specialist legal advice please contact Juliette Clarke on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Public Meeting will discuss Winterbourne View Litigation

A public meeting to discuss the investigation into allegations of abuse and the pursuit of compensation for affected families at Winterbourne View has been called by a leading South West law firm.

Specialist lawyers at Foot Anstey, who are advising a number of families on compensation claims arising from controversial care home, will be bringing together families from as far afield as Cornwall, South Wales and Oxfordshire at a specially arranged public meeting in Bristol on 13 October.

The meeting will give those claimants and other families who are worried by events at further Castlebeck operated homes such as Rose Villa in Bristol, the chance to come together, share their concerns and find out more about the litigation process which has yet to receive legal aid funding.

Andrew Hannam, Partner at Foot Anstey who will be chairing the meeting said:"The meeting will be an opportunity for families to meet the legal team working on their case, and to raise any issues they might have either in the open meeting or afterwards privately with one of the legal team."

Mr Hannam, who last month, after a similar investigation, settled a multi-party action brought by over a hundred and sixty learning disabled adults against the Cornwall Partnership NHS Foundation Trust for £6.47 million, continued:"We will be discussing the long term aims of the litigation and the current group position. In my experience of this type of litigation, the larger the group, the stronger the voice we will have."

The meeting will be held on 13th October 2011 at 4pm -5.30pm at The Vassell Centre, Gill Avenue, Fishponds, Bristol.

For any media enquiries please contact Martyn King on 07815 322304 or email martyn@fuelcommunications.com

Further care home warning by CQC

The Care Quality Commission told Southern Cross to make improvements at Laurel Court in Nailsea by July.

The formal warning has now been issued after visits since May 11 have shown that the necessary improvements have not been made.

Handling procedures were not being followed and one resident claimed they were handled roughly, other issues arose around caring for one resident with incontinence.

The CQC inspectors will return in the near future and say they will not hesitate to use their powers to protect the residents there.

Andrew Hannam, partner in the clinical negligence team at Foot Anstey says:

"This is another example of worrying practice in the care homes sector.

"It is encouraging to note that concerns were identified by CQC in this instance and it is to be hoped that this is evidence of CQC putting more resources into their inspection programmes."

If you have any concerns regarding care home provision and would like to speak to our specialist team please feel free to contact us on 0800 694 0441, email us at: injury@footanstey.com or click here to contact us by other means.

Full story: bbc.co.uk

RCS report says poor care and delays put emergency surgery patients' at risk

A report by the Royal College of Surgeons (RCS) says the lives of thousands of non-cardiac NHS emergency surgery patients are being risked by poor care and delays in treatment.

They go on to say poor access to facilities means some abdominal emergencies are not spotted in time, junior staff are often left to deal with complications and not enough patients receive critical care after surgery.

Their figures show that about 170,000 patients undergo non-cardiac emergency operations each year.

Of those, 100,000 will develop complications and 25,000 of these patients will die.

Among the elderly, deaths can climb to 40%.

Iain Anderson, the author of the report and a consultant general surgeon at Salford Royal NHS Foundation Trust, said trusts needed to acknowledge that problems exist and review the way their services work.

"Every single emergency patient who comes through the door of an NHS hospital should have an individual risk assessment, diagnosis, treatment plan and post-operative care plan prioritised according to need," he said.

"These are the largest abdominal operations and emergency operations and I think there's been a general failure to understand just how high risk this surgery is, both by the patients - sometimes by the doctors - but certainly by health service managers."

Mike Bird, partner in the clinical negligence team at Foot Anstey says:

"This is a good example of how medical priorities take second place to targets and administration, with the result that emergency patients suffer, although they have a greater need. There have been financial incentives for Trusts to deal with elective cases, so they followed the money - at the expense of emergency patients.

"It is wrong to leave these patients to the junior doctors without proper support from consultants.

"There must be proper resources and cover for emergency and very sick patients. NHS Managers and administrators need to wake up and listen to what their medical teams are telling them - if that means re-writing the target system, re-prioritising according to need and re-organising Consultant cover, the managers and DOH should get on with it, in proper consultation with the doctors."

If you or anyone you know has been affected by anything similar and would like to speak to one of our specialist legal advisors then please call 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

Full story: bbc.co.uk

Family plea for right to die denied

A High Court Judge has ruled that a 52 year old brain-damaged woman (M) should not be allowed to die, in what is being seen as a landmark case. The woman, is in a "Minimally Conscious State".

Mr Justice Baker, who heard legal argument during a Court of Protection hearing in London in July, said the case was unique and raised "very important issues of principle".

M had "some positive experiences", he said, and there was a "reasonable prospect" that those experiences could be extended.

Mr Justice Baker, who heard legal argument during a Court of Protection hearing in London in July, said the case was unique and raised "very important issues of principle".

Hw went on to say: "The factor which does carry substantial weight, in my judgment, is the preservation of life. Although not an absolute rule, the law regards the preservation of life as a fundamental principle."

M is now being looked after in a care home in the north of England. Relatives wanted life-supporting treatment to be withdrawn, feeling she was in pain and would not want to live "a life dependent on others".

Andrew Hannam, partner in the clinical negligence and mental capacity team at Foot Anstey says: "This was clearly a desperately difficult case where the judge weighed the views of all involved very carefully but concluded that there were still aspects of M's life which were positive.

"The previously expressed views by M about not wanting to live a totally dependent life appear to have been given reduced weight - perhaps an argument for greater and more careful consideration being given to making advance decisions under the Mental Capacity Act."

If you are concerned about a family member or would like to speak to us about legal implications arising from similar circumstances then please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Full story: bbc.co.uk

Ombudsman describes care of a vulnerable adult at Swansea hospital as "Dire"

A 53 year old man with learning difficulties died after receiving what has been described as "dire" care at a Swansea Hospital.

Paul Ridd, was admitted to Morriston Hospital' for an operation on his perforated bowel and died due to respiratory problems.

Mr Ridd's brother and his sister, raised a number of concerns about the treatment their brother received.

Now a report from the Public Service Ombudsman for Wales has found in favour of Mr Ridd's family on a number of issues.

He criticised the level of care Mr Ridd received in the ward after he was moved and the way the transfer was handled by the hospital. The report said:

"It greatly concerns me that the dire level of nursing care to which Paul was subjected on the ward could have happened in the 21st century. The distress that Paul's poor care has caused represents a major injustice."

A spokeswoman for Abertawe Bro Morgannwg University Health Board said:

"We are truly sorry that the patient, while in one of our wards, received care which fell well below acceptable standards.

"After his tragic death a Protection of Vulnerable Adults investigation identified shortcomings and we swiftly took action to make the improvements and changes needed to ensure that we now offer the highest standards of care."

Andrew Hannam, a partner in the clinical negligence team at Foot Anstey and a specialist in the legal aspects of the care of vulnerable adults said:

"This case highlights the need for a higher level of understanding when dealing with vulnerable adults. Public bodies especially, need to be prepared to accept the responsibility that this brings.

"Whilst this health board have made improvements following the findings of the report, it is vital that others ensure that the lessons are learned to prevent this kind of treatment occurring elsewhere."

Full story: bbc.co.uk

Midwife shortage increases risks to mothers and babies

Some areas of England are so short of midwives that mothers and babies lives could be at risk.

The Royal College of Midwives says a 22% rise in births over 20 years has led to shortfalls across England, but some areas are worse than others - it highlights the East Midlands and East.

The RCM wants 4,700 more midwives and says the prime minister has backed away from a pledge to raise numbers.

The Department of Health said record numbers of midwives were being trained.

Midwives say births are becoming increasingly complex because of growing numbers of obese and older mothers-to-be, who often need extra support.

Rob Antrobus, head of the clinical negligence team at Foot Anstey says: "We deal with many cases where a shortage of trained staff has resulted in delays and unnecessary injury.

"Lack of proper care during labour or birth can result in lifelong injury and in some cases even death. In one such case with which I was involved a mum was left unattended for too long and the foetal distress was missed. This resulted in the baby being born with lifelong severe disabilities.

"The case resulted in damages of over £6m. Whilst this will alleviate the financial pressures of bringing up a child with severe disabilities, the family would much rather have received the correct care and a healthy baby."

If you or anyone you know has been affected by anything similar and would like to speak to one of or specialist legal advisors then please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Government faces legal challenge over Legal Aid for Clinical Negligence cases

AvMA Press Release:

Ken Clarke's Ministry of Justice faces a legal challenge over its controversial plan to scrap legal aid for victims of clinical negligence. The charity Action against Medical Accidents (AvMA) has issued legal proceedings for a judicial review of the decision. AvMA argue that the Ministry of Justice's decision was both irrational and unfair on a number of fronts. No account was taken of the extra cost to the NHS of switching cases which would previously have been funded by legal aid to so-called "no-win no-fee" agreements, which even under the reformed arrangements, are far more costly than legal aid. Even the NHS Litigation Authority, which defends clinical negligence claims and seeks to save the NHS money, has publicly declared support for keeping clinical negligence in scope for legal aid. And Lord Rupert Jackson, the architect of much of the Government's legal reforms has also said that legal aid should be retained - especially for clinical negligence.AvMA Chief Executive Peter Walsh said:

"We regret that we have to take this action, but the Ministry of Justice has failed to listen to the overwhelming arguments put to it for keeping clinical negligence in scope for legal aid. Scrapping legal aid for clinical negligence is completely irrational whatever way you look at it, as well as grossly unfair. Ken Clarke's department might save a little money, but the cost will simply be heaped on the NHS. Some of the most vulnerable people in society injured by negligent treatment at the hands of a State body will be denied access to justice. And the NHS will be deprived of the opportunity of learning from mistakes which are often only recognised because of a legal challenge.

Although there is a Bill going through Parliament, there is a danger Parliament will be misled by an inadequate and irrational consultation response and impact assessment. No consideration has been given to our argument that as the NHS is an arm of the State, it is a responsibility of the State to ensure availability to redress for victims of NHS negligence. One of the leading QC's in medical law (Martin Spencer QC) is representing us and has advised us we have a good case".

The proposal to scrap legal aid for clinical negligence is one of a range of controversial measures contained in the Legal Aid Sentencing and Punishment of Offenders Bill, currently going through Parliament. However, clinical negligence is being pointed to as the most obvious area where a change of tack is required. As well as possible overturning of the decision in the High Court, the Ministry of Justice faces a possible rebellion in Parliament. Tom Brake MP, a Liberal Democrat on the committee considering the Legal Aid Bill said that he was "sympathetic" to a proposed amendment to keep clinical negligence in scope for legal aid and hinted that the issue would receive further scrutiny in the Lords.

AvMA argue that victims of clinical negligence would be hit by a "double-whammy" if the Bill goes through unamended. In addition to taking away legal aid (which is only available to the poorest in society), changes to the way "no-win no-fee" agreements work would mean that around 50% less even of these cases would be viable to take forward. Solicitors would only be able to take on the more clear cut cases. Amendments are being sought to that part of the Bill also.

Injury claims on the rise for teachers in the midlands

Twenty compensation payments to teachers in Coventry and Warwickshire have totaled over £237,000 in the last five years.

The most common accidents were falls, followed by moving equipment.

Andy Summers, president of the National Union of Teachers in Warwickshire, said: "There is a risk of accidents such as these increasing because of the nature of the cuts being forced on schools.

"Sweeping decisions are being made about spending on cleaning and care taking and these are bound to prejudice safety on the site".

Juliette Clarke, partner in the personal injury team at Foot Anstey says: "Whilst spending cuts are a fact of life in the current climate, reducing spending in these areas may prove to be a false economy.

"Everyone is entitled to the correct levels of cleanliness and safety at work. If cuts are deemed to be less important in these areas, the resulting compensation claims for work related accidents could negate any savings made".

If you or anyone you know has suffered from anything similar and would like to speak to one of our specialist legal advisors please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Full story: Coventry Telegraph

Parties Agree Settlement of Second Part of Multi-Party Action

Media Statement

The second part of the multi-party action brought by over a hundred and sixty learning disabled adults against the Cornwall Partnership NHS Foundation Trust has been settled by agreement.

The agreement relates to claims involving allegations of abuse suffered by individuals living under the care of the Trust over a number of years. The allegations included physical assault, emotional and verbal abuse, and a failure to provide adequate programmes of care and assessment.

The Trust has agreed to pay a global sum of £6,473,243.70 to be shared amongst 165 claimants. At a hearing on 15 September 2011 at the High Court in London, the managing judge, Senior Master Whitaker, confirmed his approval of the agreement. The Court Order provides for the anonymity of the various claimants.

The claimants are represented by joint lead solicitors, Foot Anstey LLP and Follett Stock LLP

Andrew Hannam of Foot Anstey LLP, said:

"This is a welcome conclusion to such a major piece of litigation. It represents a significant amount of commitment and work by the parties' legal teams to settle the claims without the need for a complicated and expensive trial.

Once again this case has highlighted the position of responsibility and authority held by public bodies for the care of some of the most vulnerable adults in our society, and the need for consistent and sufficient regulation. Although the compensation cannot alter what an individual has suffered in the past, it can go some way to making their life in the present more comfortable."

Richard Scrase of Follett Stock LLP added:

"Settlement of these claims follows an agreement reached earlier this year in relation to allegations of financial abuse of the same group of people by the same Trust, resulting in compensation totalling a further £1.45 million.

It is now vitally important that lessons are learnt from this case and that, given recent revelations concerning care provided by private organisations, a comprehensive review of care for adults with learning disabilities is undertaken."

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from this case, please contact Andrew Hannam.

Inquest into death after incorrect chest drain procedure

An inquest in Truro yesterday was told of the death of Philip Thomas at The Royal Cornwall Hospital after a doctor trying to re-inflate his lung inserted a chest drain into the wrong side.

Mr Thomas underwent a needle biopsy of his left lung to confirm a diagnosis of lung cancer. There is a known risk that this can cause lungs to collapse (pneumothorax) and therefore there was an additional respiratory doctor on standby to be able to insert a drain to re-inflate the lung.

Mr Thomas had the biopsy on his left lung which did collapse as a result. Staff had marked which lung was biopsied but Mr Thomas had been turned over and the mark was not seen by the doctor.

The respiratory doctor incorrectly tried to re-inflate the right lung but failed to treat the collapsed left lung. The consultant radiologist who had performed the biopsy and who was also present, said that she had become confused about which lung she had biopsied, and did not realise that they were working on the wrong lung.

Shortly afterwards Mr Thomas suffered a heart attack and died. His death was caused by the pneumothorax on the left lung, which had not been treated.

The hospital extended its "sympathies" to Mr Thomas's family and said it now marked patients on their side to make it easier for doctors to identify where a biopsy had been taken. New documentation will be introduced, to ensure that it is clear to anyone either involved in performing biopsies or caring for patients afterwards, where the biopsy has been performed. It hopes that this will reduce the risk of this happening again. They are pursuing a change to the guidelines for the whole country.

Mike Bird, partner in the clinical negligence team at Foot Anstey represented the family at the inquest and issued the following press release on their behalf:

"All of Phil's family are sad to have heard today that Phil died as a result of an avoidable error. He was advised to have the lung biopsy, and he knew that there was a risk that the biopsied lung would collapse; but when it did, for the doctors present to incorrectly treat his right lung without realising that it was the left lung which had collapsed makes no sense to us.

"If they had treated the left lung, as they should have, he would probably have survived for several months, maybe as long as a year. We feel he was robbed of the last few months of his life which we would all have cherished with him.

"We appreciate the openness of the doctors in the Inquest, and hope that the new procedures now in place as a result of Phil's death, but too late for Phil, will be followed through and kept under review so that this kind of error cannot happen to anyone else.

Phil will always be in our hearts and we all miss him very much."

Mike added " this was an avoidable death, which essentially occurred because of failures of communication. It was good practice to have the respiratory doctor standing by, but this became pointless when he was not told, and did not work out for himself, which lung had been biopsied and had collapsed. Properly treated, Mr Thomas would have been highly likely to have survived."

If you or anyone you know would like to speak to one of our specialist legal advisors about an inquest or incorrect treatment please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

The South West sees a significant rise in GP and Dentist complaints

An official report by the NHS Information Centre has found that the number of people writing to complain about their NHS GP and Dental services in the South West has risen by almost 20 per cent in the past year.

The South West Strategic Health Authority received 6,282 written complaints and over 2,000 related to clinical care.

The increase in these letters criticising GP and dental services rose 19.2 per cent from 5,269 in 2009-2010 to 6,282 this year.

Elli Pang, of the Devon Health and Social Care Forum, said:

"I'm not greatly surprised by a rise in complaints, because people feel it is becoming more difficult to get an appointment."

Hospital and Community Health Services (HCHS) in the South West received 7,758 letters, of which almost half are categorised as complaining about "all aspects of clinical treatment."

The South West Strategic Health Authority was not available for comment.

Some organisations have cut their number of complaints. The Devon Primary Care Trust, for instance, have seen a 22.3 per cent decrease and South Western Ambulance Service NHS Foundation Trust saw a decrease of 29.2 per cent.

Robert Antrobus, a partner and head of the Clinical Negligence and PI Team at Foot Anstey comments:

'Foot Anstey are often instructed to advise patients once the complaints process has been exhausted. Indeed, the complaints process can provide valuable information which then enables us to advise on whether there is a potential claim which warrants formal investigation.'

If you or anyone you know has made a complaint and would like assistance as the matter moves from the complaint stage to potential litigation please call and speak to one of our specialist legal advisors on 0800 694 044, email us at injury@footanstey.com or click here to contact us by other means.

Further criticism of Castlebeck

The Care Quality Commission (CQC) have issued Castlebeck with a formal warning over one of their homes previously heavily criticised. Croxton Lodge in Melton Mowbray provides services for individuals with mental health needs, learning disabilities and problems with substance misuse.

In June 2011, Croxton Lodge was inspected by the CQC as part of the wider inspection of all Castlebeck services following the BBC Panorama programme featuring Winterbourne View. In the Review of Compliance report published in July 2011, Croxton Lodge was found to be failing to comply with five essential standards, with factors including:

People did not always receive the effective, safe and appropriate care and treatment due to poor use of care planning and maintenance of records;
They were not safeguarded against potential abuse as the systems, processes and staff understanding were not robust enough;
There was insufficient staffing to meet needs, and people living there were not safe;
Risk assessments for physical restraint were not completed and reviews following episodes of restraint were not undertaken;
Staff did not understand the correct processes for informing the relevant authorities of safeguarding issues;
There was insufficient training that was not regularly updated.

Service users at Croxton Lodge also reported being shouted at by staff and being held down too tightly.

The CQC have warned Castlebeck that they need to make urgent improvements or face serious consequences. They have given the company until 02 September 2011 to make these improvements, and have said that if improvements are not made, they will consider further action.

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from this case, please contact Andrew Hannam.

Leonard Elms Care Home in Bristol told to improve its standards

Concerns have been raised over the welfare of residents at Leonard Elms Care Home in Bristol.

The Care Quality Commission (CQC) said the Home was "failing to meet six of the essential standards of quality and safety."

A report has warned the Care Home over residents' welfare, inadequate nutrition, staffing levels and how incidents were logged.

There were other concerns also raised by the CQC which included worries over how meals were handled at the home and the standard of care. The Report said that "There was little support to help them and meals were cleared away uneaten."

The report further added, "On the upper floor, two care assistants did not notice people's needs and were too busy to give people the help they needed to eat properly."

The CQC had said it was concerned that the home had now been without a registered manager since December 2010, but had been informed by the owners that one had now been employed.

Ian Biggs, from the CQC said that "The provider has supplied us with information which sets out the actions being taken to address the concerns raised in this report."

Andrew Hannam, a Partner in the clinical negligence team specialising in healthcare litigation, comments:

"Recently there has been a significant rise in public awareness of how residential and nursing homes are being run and how vulnerable many residents are within these homes.

"It is important that when failures do occur full investigations are carried out and, where appropriate, individuals are compensated".

If you are concerned about a family member or would like to speak to Andrew about legal implications arising from these cases, please contact Andrew Hannam on 01823 625642 or email andrew.hannam@footanstey.com

Asbestos exposure causes another death

Asbestos cancer has led to the death of a former builder, an inquest was told.

The former 77 year old builder, made corrugated roofs for farm buildings and every day would came into direct contact with asbestos sheets.

He would be left covered in asbestos dust, and could not wash his hands due to lack of sinks in the places which he worked.

Dr Abdul Al-Daoud carried out the post mortem and said: "In my opinion I would say the most likely cause of the tumour was asbestos exposure."

The coroner for East Lancashire, Richard Taylor, recorded a verdict of industrial disease. He explained that the cancer was caused by the exposure to asbestos.

Juliette Clarke, partner in the personal injury team at Foot Anstey says: "This is another sad case of death caused by asbestos.

"As the effects of asbestos can take so long to become apparent we are now seeing a lot of people who were exposed 30-40 years ago.

"Individuals need to be aware of the risks of asbestos and how they can be protected from the impact it has on the lives of those who are affected.

"We help many sufferers and their families dealing with the dreadful impact of asbestos related illnesses on their lives."

For full story: burnleycitizen.co.uk

Castlebeck closes another home

Castlebeck Care, the company that operated Winterbourne View, the hospital featured on the BBC Panorama programme, have announced today (17th August) that they are to close a further home as a result of the CQC investigations.

Arden Vale, in Solihull, was highlighted specifically in the CQC review of Castlebeck operations in July 2011 as have serious areas of concern. In a similar way to Winterbourne, the CQC stepped in when a member of staff contacted them to raise concerns about the standard of care that was being provided. The subsequent CQC inspection found that the home failed to comply with 11 essential standards and that improvements were needed.

The CQC review detailed a failure to respect individuals, restriction of access to advocates and insufficient day time activities. The review also highlights a failure to maintain appropriate records or to learn from previous experiences. Monitoring procedures for physical restraint were not considered to be robust enough and there was a failure to protect individuals from abuse, both on a local level and a national level at Castlebeck. Individuals complained about the attitude of staff and the way that they were spoken to, and the use of unauthorised sanctions as punishment. There were also major concerns raised about the safety and suitability of the premises and the levels of staffing and staff training and support.

Andrew Hannam, partner in the clinical negligence team at Foot Anstey and instructed on behalf of families involved in the Winterbourne View investigation, comments:

"Our sense was that there would be further closures in light of the CQC report and this is an example of Castlebeck acknowledging that the damage done was irreparable and led to their decision to accept the closure notice.

"It seems inconceivable that individual residents will not have claims arising out of their care at Arden Vale. We would be delighted to offer advice to any residents or families involved in any of the Castlebeck homes".

PORT-ER's "One Life - Live It!" Exhibiton

Prosthetic, Orthotics and Rehabilitation Technology – Education and Research

We are delighted to be participating and supporting PORT-ER's Annual Lifestyle Exhibition for people with limb impairments called "One Life – Live It!".

The exhibition is being held at the Ashton Gate Stadium in Bristol on 9 September 2011. Tickets can be purchased either on the door or, be pre-ordered through PORT-ER's website.

The charity patron is South West's Celebrity Chef Michael Caine MBE, a well known guest of the BBC programme Saturday Kitchen and voted number one restaurateur in the Sunday Times Food List. Michael will be sharing some cooking gems and top tips in the speaker area on the day.

In addition the exhibition will have have displays on fashion, sport, gadgets, health and beauty, transport, holidays and much, much more.

This event aims to offer possibilities to make life easier for those with mobility issues, whether that be due to limb loss, congenital limb absence, stroke, arthritis or multiple sclerosis.

PORT-ER is an Exeter based charity, whose aim is to bring about better patient care for people with mobility challenges through national and international development.

Michelle Biddulph and Claire Leslie, members of our personal injury and clinical negligence team will be attending the event and can be found on the Foot Anstey stand number 27.

Michelle and Claire will be on hand to offer support and advice to attendees. They have vast experience and an in depth understanding of the rehabilitation needs of clients, so if you have a query, why not pop along and see them, or to make an appointment call 0800 694 044, email us at: injury@footanstey.com or click here to contact them by other means.

Sperm from stem cells headlines could be misleading

Chris Thorne, partner at Foot Anstey and lead solicitor in the Bristol and Edinburgh sperm destruction cases has criticised reports that suggest it may be possible to create human sperm cells from stem cells.

Chris says: "Whilst the research conducted on mice in Japan is undoubtedly fascinating and will hopefully lead to developments which can assist infertile men in future, the implication in some headline reports that a solution could soon be available is misleading.

"It may make a good story but for my clients, who have been denied the possibility of fathering children due to the negligent destruction of their stored sperm samples, it could unjustifiably raise their hopes only to add to their disappointment and distress when they discover that any potential treatment could be many years in the future if it is ever achieved at all".

Japanese researchers successfully implanted early sperm cells, made from the stem cells, into infertile mice. The sperm was then used to father apparently healthy offspring. Mitinori Saitou of Kyoto University suggest the same procedure could be carried out using stem cells derived from adult skin cells.

In measured comment, Dr Jane Stewart, a spokeswoman for British Fertility Society and consultant gynaecologist at Newcastle Fertility Centre said the ability to generate gametes in the laboratory would be a "landmark achievement in the understanding and potentially treatment of fertility problems.

"However, as the authors clearly point out, much work remains to be done before we have a full understanding of such biological processes and indeed the implications of undertaking them in the lab."

Dr Allan Pacey, senior lecturer in Andrology at the University of Sheffield also advised caution: "Many research groups have attempted to re-create the process of sperm production in the laboratory using stem cells as the starting material.

"This has huge implications for furthering our understanding of how sperm are made, but may also one day lead to a clinical application whereby we could make sperm for infertile men."

However he tempered his optimism by warning that: "Sadly, so far, none of the attempts to make sperm from embryonic stem cells have been hugely successful, although we have learned much about some of the cellular processes involved.

"Furthermore, most of the attempts to use sperm-like cells have lead to the birth of unhealthy offspring which have quickly died."

Chris Thorne is the lead solicitor in the Bristol and Edinburgh sperm destruction cases, if you or anyone you know has been affected by anything similar please contact us on 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

Full story: bbc.co.uk

Mesothelioma tumour diagnosed too late

A mistake at North Devon District Hospital meant that Gordon Hernaman's cancer was not diagnosed early enough.

A mark on a report had been taken as a signature by staff, suggesting the report had been examined and was then filed away. If the report had been referred to the consultant then a diagnosis of Mesothelioma would have been given.

Assistant Deputy Coroner John Tomalin said: He said: "I do feel something can be learned from this process.

"The cause of death is quite clear but there was no curative treatment. The cytology report had not been seen by the consultant and I am going to write to the trust to raise my concerns."

Mr Hernaman's widow Elizabeth said : "The nurses implied he should pull himself together, if the proper diagnosis had been given he would have died with more dignity and less pain."

Commenting on the report, Chris Thorne, partner in the clinical negligence team at Foot Anstey says: "This is a very sad case.

"Mesothelioma is an asbestos related cancer which can take many years to present and by this time it is almost always fatal.

"A missed diagnosis means that curative and palliative treatments are not provided.

"We are not involved in this case, but we regularly help many families in similar circumstances to gain the answers that they need and the compensation to help them financially in the future".

For full story: thisisnorthdevon

CQC Investigation into Castlebeck

Following the investigation into Winterbourne View (a private hospital operated by Castlebeck Care Ltd and featured on BBC Panorama), the Care Quality Commission (CQC) have conducted a full review of other hospitals and residential homes for adults with learning disabilities operated by the group.

The CQC review has shown that, out of the 23 Castlebeck locations investigated, inspectors found:

Serious concerns at four locations
A further seven locations were failing to comply with one or more essential standards
The remaining twelve locations were compliant with the essential standards

Serious concerns were raised by inspectors following their visits to Arden Vale (Meriden, Solihull), Cedar Vale (Nottingham), Croxton Lodge (Melton Mowbray) and Rose Villa (Bristol). The CQC are now taking enforcement actions against these locations.

The serious concerns at these locations included:

Restriction of an individual's independence, privacy and dignity.
Individuals not always respected by the staff supporting them.
Failure to adequately safeguard against physical and emotional harm.
Failure to fully protect against the risk associated with unsafe use and management of medicines.
Insufficient staffing levels.
Insufficient staff training to meet the specialist needs of the individuals concerned.
Individuals did not benefit from a safe quality of care or support due to poor management of issues and concerns raised.
Records were not an accurate reflection of the care and treatment individuals were receiving.

The CQC commented that "we have not found problems on the same scale as were found at Winterbourne View. However – we do have serious concerns at four locations in particular. In these cases we are taking action".

The inspectors found failures to comply with essential standards at Acrefield House (Wirral), Briar Court Nursing Home (Hartlepool), Chesterholme (Hexham), The East Midlands Centre for Neurobehavioural Rehabilitation (Melton Mowbray), Hollyhurst (Darlington), Oaklands (Hexham) and Willow House (Edgbaston). The CQC have invited Castlebeck to address their concerns and make immediate improvements. These locations will then be re-inspected to review compliance.

In addition to the serious failings, the CQC also found a number of issues that were company-wide, including:

Lack of training for staff
Inadequate staffing levels
Poor care planning
Failure to notify relevant authorities of safeguarding incidents
Failure to involve people in decisions about their own care

The CQC have told Castlebeck that there are problems they "need to address at a corporate level – the company needs to make root and branch improvements to its services and processes".

Andrew Hannam, of Foot Anstey, is instructed by families in relation to the care received by individuals at Winterbourne View.

In response to the latest reports by the CQC in relation to Castlebeck, he comments "The report highlights the cultural nature and extent of the problems throughout the Castlebeck group of homes. To date our investigation has been for and on behalf of residents at Winterbourne View but it seems likely that the investigation and possible litigation will need to be widened."

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from the Winterbourne View case, please contact Andrew Hannam on 01823 625642 or email andrew.hannam@footanstey.com

A review of the government's 'Any Willing Provider' scheme for the provision of routine elective care

Since 2008, all patients needing routine elective care in England have been able to choose between any NHS or independent sector provider of routine elective care who is appropriately registered and willing to provide services at the NHS tariff. This policy is referred to as the 'Any Willing Provider' (AWP) policy for routine elective care.

On 28 July 2011, a report into the operation of this scheme was published by the Co-operation and Competition Panel.

A number of criticisms were levelled against the Primary Care Trusts who fund these elective operations. The report acknowledges that the PCTs do have to balance the cost to patients and taxpayers of a restriction against any benefits that arise from that restriction. Two particular restrictions were noted, namely:

That some PCTs were imposing limited quotas on some non-NHS providers; and
A number of PCTs were imposing uniform minimum waiting times on patients.

A suggested benefit to these restrictions was that this effectively reduced waiting lists because "some patients will remove themselves from the list or will no longer require treatment when it is finally offered". The suggestion is that some patients opt to have the procedure done privately and a further (minority) group did not survive to see their procedure undertaken.

The report does not consider this to be acceptable and finds that such an approach would simply serve to produce a one-off benefit which cannot be repeated in the following year unless waiting times are increased yet further.

The report concludes that any PCT purporting to adopt such an approach should only do so as a matter of last resort and only to be relied upon when/if a PCT is under significant financial pressure and all other options have been explored and tested providers.

Any PCT seeking to impose such a practice as a blanket policy is likely to be subject to judicial review and any patient affected by such an approach should not hesitate to challenge such a justification.

For further information or advice please contact us on 0800 694 044, email us at injury@footanstey.com or click here to contact us by other means.

Winterbourne View: Lessons should have been learned from Budock Report

Andrew Hannam compares the Winterbourne View and Budock Reports, finding clear similarities despite there being nearly five years between the publications.

This week saw the publication by the Care Quality Commission (CQC) of their findings following a review of the services provided by Castlebeck Care (Teesdale) Ltd to adults with learning disabilities and autism at Winterbourne View in Bristol. The review followed concerns raised by a recent BBC Panorama investigation which appeared to show evidence of adults living at Winterbourne View being physically assaulted, abused, taunted and teased by the staff employed by Castlebeck to care for them.

The CQC report found that there was "a systematic failure to protect people or to investigate allegations of abuse". The report also found that there were major failures by Castlebeck in ten essential legally required standards of care. It highlights in particular a lack of appropriate training, poor delivery of care and care planning, failure to identify abuse and prevent it, and a failure to properly respond to allegations of abuse and investigate the conduct of the staff involved. It also focuses on the failure to protect the residents against excessive use of physical restraint.

But this is not the first time such a report has been published. In July 2006, the Commission for Social Care Inspection and the Healthcare Commission (later to become the CQC) published a joint report following a review of services provided to adults with learning disabilities living in the care of the Partnership Trust in Cornwall. The investigation centred on allegations of assault and abuse at Budock Hospital in Falmouth. The report found a failure to appropriately assess and implement related care plans, excessive reliance on physical restraint and 'as needed' medication, and a failure to provide sufficient training and supervision to ensure the safety of the residents. In particular, the report identified that "institutional abuse was widespread, preventing people from exercising their rights to independence, choice and inclusion".

Considering the two reports concurrently, there are clear similarities, despite the nearly five years between the publications. The legally required standards of care set out in Health and Social Care Act 2008 that Castlebeck failed to achieve were initiated in part by the Budock report, and other similar investigations. Both reports are highly critical of the management structures of the care providers, citing a failure to supervise staff, and the lack of effective reporting and monitoring systems, as a fundamental flaw that allowed poor care and abuse to go unchecked. The reports also highlight the failure to keep and maintain detailed records. Incidents were either not recorded at all, or recorded in such brief detail that they could not provide any effective basis on which to review and reflect following use of restraint or other major incidents.

The Winterbourne report specifically highlights Castlebeck's failure to investigate allegations of assault or the conduct of its employees following such allegations. The Budock investigation made similar findings. Both show a lack of referrals to protection of vulnerable adults and safeguarding procedures.

Perhaps the most significant finding of both reports is that there was a failure to provide suitable and sufficient training for care staff to work with individuals with complex needs and often aggressive challenging behaviour. In Winterbourne particularly, appropriate Criminal Records checks were not always made, and appropriate references not always sought as to the suitability of a staff member to work in such an environment. Both reports cite a failure to provide, and keep updated, training in safe methods of, and the use of, physical restraint.

Lessons do not appear to have been learnt as a result of the Budock report, and the Winterbourne report highlights that not all care providers have changed the way they provide their service. One of the key recommendations from the Budock report was that the care needed to be person-centred. The Winterbourne report shows that in some cases, this is still not so. Care service providers need to heed the warnings presented in both these reports, and focus on how the management of their organisation, and the supervision of their employees, directly affects the levels of care that they are providing to individuals.

Andrew Hannam, Partner, and Lindsey Connett, Solicitor, have both worked extensively on the group of civil claims arising from the Budock investigation.

They are now instructed on behalf of a number of families to investigate the allegations of abuse at Winterbourne View.

Related BBC article: Winterbourne View 'failed to protect people'

Birth injuries and maternal deaths linked to substandard care

The BBC programme Panorama to be screened tonight (25 July 2011), is highlighting the many problems being caused by the lack of midwives, general staff shortages and closure of maternity units in and around London.

The NHS in London asked an independent body to investigate after the number of maternal deaths in the first half of 2009 exceeded the total in 2008.

Whilst serious untoward incident reports were raised, the investigating panel only agreed with the findings of 12 out of 29 of those, which then questions the quality of the internal investigations.

Whilst this programme focuses on London, the sad truth is that these closures and shortages have affected the whole country.

The vast majority of births are uncomplicated and wonderful experiences, however, the effects when this is not the case can be devastating.

Cuts in resources can cause huge amounts of pressure on staff and this can result in errors in judgement or incorrect procedures. Unfortunately, this can mean injury or death to the mother, the baby or both.

Claire Stoneman, partner in the clinical negligence team at Foot Anstey says: "Inadequate monitoring or failure to follow the correct processes during labour can have the most severe impact, resulting in injury and even death.

"We have a wealth of experience in this area and understand the effects that this can have on families.

"We have built a solid reputation of being experts in the fields of stillbirth and neonatal death and have helped many people to obtain the answers they deserve in these stressful times and also to bring about change for the future".

If you or anyone you know would like to speak to one of our experienced legal specialists in this area then please call 0800 694 044, email us at: injury@footanstey.com or click here to contact us by other means.

For further information: bbc.co.uk

Surrey children's cases reviewed after epilepsy doctor suspended

The parents of over 500 children have been told that their cases are to be reviewed following the suspension of Dr Nicholas Driver.

A paediatric neurologist raised concerns in February over the treatment of children with epilepsy, the hospital's prompt actions resulted in the suspension of Dr Driver the following day.

Independent experts will now look back at Dr Driver's cases since 2002. The review could take several months.

The Royal Surrey County Hospital said none of the children had died as a result of the treatment. But medical director Christopher Tibbs did not rule out that some children may have come to harm.

He added "It's important that we don't create panic here. Dr Driver should not be judged as being guilty. He is a diligent, dedicated and hard-working doctor and we are doing everything we can to support him through a very difficult time."

Parents have been urged to not to change their children's medication without seeking expert advice and the hospital's chief executive has said: "We are very sorry to have to put families in a position that is very stressful and upsetting."

A dedicated helpline - 01483 408379 - has been set up by the hospital for anyone directly affected by the issue.

Claire Stoneman a partner in the clinical negligence team at Foot Anstey says: "The hospital have acted swiftly in suspending this doctor the day after they were alerted to the potential problem, but there are nine years of cases to review.

"There will now be a period of uncertainty for these families whilst the review is undertaken. It is important that they follow expert advice regarding medication during that time".

If you are concerned or affected by any of these issues and would like to speak to one of our specialist legal advisors then please call on 0800 694 044, email us at injury@footanstey.com or click here to contact us by other means.

For further information: bbc.co.uk

Winterbourne View litigation

The Care Quality Commission (CQC) has today published its findings following an inspection of the services provided by Castlebeck Care (Teesdale) Ltd at Winterbourne View in Bristol. This inspection followed concerns raised by a recent BBC Panorama investigation which showed evidence of adults with learning disabilities living at Winterbourne View being allegedly physically assaulted and abused.

Winterbourne View was an assessment and treatment centre providing care for adults with learning disabilities, complex needs and challenging behaviour. The CQC report found that there was "a systematic failure to protect people from or to investigate allegations of abuse".

They also found that there were major failures by Castlebeck in ten essential standards of care that all care providers are legally required to meet, including:

The managers did not ensure that major incidents were reported to the Care Quality Commission as required.
Planning and delivery of care did not meet people's individual needs.
They did not have robust systems to assess and monitor the quality of services.
They did not identify, and manage, risks relating to the health, welfare and safety of patients.
They had not responded to or considered complaints and views of people about the service.
Investigations into the conduct of staff were not robust and had not safeguarded people.
They did not take reasonable steps to identify the possibility of abuse and prevent it before it occurred.
They did not respond appropriately to allegations of abuse.
They did not have arrangements in place to protect the people against unlawful or excessive use of restraint.
They did not operate effective recruitment procedures or take appropriate steps in relation to persons who were not fit to work in care settings.
They failed in their responsibilities to provide appropriate training and supervision to staff.

Winterbourne View closed in June 2011 following the allegations.

Andrew Hannam, Partner at Foot Anstey, has been instructed by six families (on behalf of individual residents) to investigate allegations of physical assault and abuse arising from varying periods of time spent at Winterbourne View. These investigations will now also include the failures identified by the CQC report, and their effects on the individual residents.

James Cracknell appeals for people to wear a helmet

It is a year since James Cracknell suffered a serious brain injury after being knocked from his bicycle by a truck's wing mirror. He has noe made this video as a personal appeal to get people to protect themselves by wearing a helmet.

To view the video click here.

4 Week old baby's death could have been prevented

Oscar Sturgeon died on May 21, 2009, after his mother Hilary, a primary school teacher, caught parvovirus (commonly known as "slapped cheek"), which attacks red blood cells, during her pregnancy.

Oscar unfortunately contracted the virus and died at 28 days old.

Hilary had informed her midwife of the risk of her contracting parvovirus and a blood test revealed that she was susceptible.

Further blood test results were lost in the system so when Hilary went to the hospital because her baby was not kicking as much as normal, the concern of him having contracted the virus was not raised.

The coroner said: "The opportunity to intervene was missed as a result of a combination of failure to follow up test results and a previously unknown anomaly in the laboratory computer system."

Claire Stoneman, partner in the clinical negligence team at Foot Anstey helped Mr and Mrs Sturgeon reach a settlement over the death of Oscar and says: "It is good that this matter has now come to a complete conclusion.

"It is obviously very distressing for a family to lose a child and important for them to get the answers they need.

"Most parents also want to see that measures are put in place to prevent anyone else having to go through the same pain. It appears this is what these organisations are endeavouring to achieve".

If you or anyone you know has been affected by any of these issues and would like to speak to one of our specialist advisors then please call on 0800 694 044, email us at injury@footanstey.com or click here to contact us by other means.

For full story go to: thisisbristol

Mesothelioma widow urges others to be asbestos aware

A grieving widow is urging others to be more asbestos aware after her husband's death from Mesothelioma, an asbestos related cancer.

After learning of the cause of her husband's death Mrs Jennings said: "I don't think people realise that asbestos kills. I implore any builder to make sure they wear protective clothing and masks. You just don't know where asbestos is, it is still in buildings now. I don't want this to happen to anyone else."

Juliette Clarke, partner in the personal injury team at Foot Anstey says: "This is yet another sad case of a death caused by asbestos poisoning which is known as the "Hidden Killer".

"Many professions can be affected and we urge everyone to make themselves aware of the risks of asbestos, where it can be found and how to protect themselves from this deadly disease.

"We help many people who are dealing with the dreadful impact that Mesothelioma has on the lives of the sufferers and their families".

For full story go to: thisisbolton

Further suspensions over care home abuse allegations

Another care home, Rose Villa, in the Brislington area of Bristol has 4 staff under investigation for abuse.

The home is run by Castlebeck, the company that also ran Winterbourne View where abuse against vulnerable adults was exposed by BBC Panorama.

The Care Quality Commission (CQC) has been reviewing all of Castlebeck's homes as a result of the Panorama programme.

Andrew Hannam, a partner in the clinical negligence department at Foot Anstey is investigating on behalf of some of those affected at Winterbourne View and said "It is important that any allegations of mistreatment of these vulnerable people are fully investigated and if appropriate, that those affected are properly compensated".

If you are concerned about a family member or would like to speak to Foot Anstey about any legal implications, please contact Andrew Hannam on 01823 625642 or andrew.hannam@footanstey.com.

South West Lawyers Appointed To Investigate Allegations Of Abuse

Foot Anstey has been instructed by the family of a former resident of Winterbourne View care home in Hambrook near Bristol exposed in a secretly filmed BBC Panorama investigation that showed patients being physically assaulted by staff.

Foot Anstey will be investigating allegations of probable physical abuse, intimidation and bullying against Cornish man Terry Rooney during a period of occupation from November 2006 to April 2010.

Winterbourne View, in Hambrook, Bristol, is a purpose-designed acute service, offering assessment, intervention and support for people with learning disabilities, complex needs and challenging behaviour. The hospital has also been providing a service for those liable to be detained under the Mental Health Act 1983.

The five-week undercover BBC investigation, screened two weeks ago, filmed abuse at the privately-owned, 24-bed facility, on the outskirts of Bristol. Footage showed disabled adults being slapped, kicked, sat on and drenched with water. They were tipped off by whistle-blower Terry Bryan, a former senior nurse at Winterbourne, who repeatedly approached authorities with his concerns about its care.

The family of Mr. Rooney have said; "We feel, with what we know now, that Terry's 3 1/2 years in Winterbourne View were a lie. We desperately want Terry back in Cornwall so we can keep closer in touch with him."

Andrew Hannam, Partner and health care litigator at Foot Anstey who is leading the case said; "The events at Winterbourne View illustrated by the recent Panorama programme need to be fully uncovered and those affected by it compensated."

If you are concerned about a family member or would like to speak to Foot Anstey about legal implications arising from the case, please contact Andrew Hannam on 01823 625642 or andrew.hannam@footanstey.com

For all media enquiries please contact Martyn King at Fuel Communications on 07815 322304.

MPs call for overhaul of NHS patients' complaints procedure

The government should review the way NHS trusts handle patients' complaints, according to a report by MPs.

The report, from the cross-party Commons health committee, says the government has enough information to conduct a review and "should do so without delay".

There should be a "more open culture" with regards to complaints and admitting mistakes, it says.

Currently, patients have to complain first to the Trust in charge where the treatment occurred. If they are not happy with the response they can ask the ombudsman to review the case. The ombudsman.

However, Only about 3% of the complaints received by the ombudsman are accepted for formal investigation or intervention, although many more are examined unofficially.

A complaint is only accepted for formal investigation or intervention if the person has suffered injustice or hardship as a result of poor service or maladministration, and only if there is the prospect of "a worthwhile outcome".

The report said: "The committee is of the view that a complainant whose complaint is rejected by the service provider should be able to seek independent review.

"The legal and operational framework of the ombudsman's office should be reviewed to make it effective for this wider purpose."

Claire Stoneman, a partner in the clinical negligence team at Foot Anstey says: "If a patient feels that their treatment has been negligent in any way, they should be entitled to a full and unbiased review.

"We encourage everyone to follow the complaints procedure in the first instance in an effort to resolve the issue.

"As highlighted here, only 3% of such complaints are accepted by the ombudsman. In those that do not meet the criteria of a formal investigation, there are very few further options available. The affected patients and their families need to feel that they have been listened to and where appropriate, apologies made and compensation provided".

Lifelong disability for child after spinal cyst diagnosis missed

When Bobby was born his mother noticed a small lump on his lower back, the doctors checked it out and assured her that it was nothing to be concerned over. Bobby progressed well for the first 6 – 8 months and his mum felt that he would be an early walker.

He then started to be unwell and the doctors attributed this to throat infections, tonsillitis or viral infections and each time checked his urine as he had had kidney problems at a few days old. This continued for around four months, seeing both GPs and paediatricians.

His mum also said that she felt he had a painful back and was told that babies do not get bad backs, Bobby also became unable to sit up unaided.

Eventually Bobby was referred to a children's hospital where an MRI scan was done and it confirmed a spinal cyst, a form of spina bifida that had existed from birth.

It was however, not diagnosed in time to prevent severe neurological injury affecting his left leg and spine, and leaving him doubly incontinent.

Bobby is now eight, has one leg 5cm longer than the other, and will need major surgery in his early teens to correct this and his spinal curvature.

Until these operations have been done, it cannot be said what the future holds so far as mobility and general functioning are concerned, and whether he will be able to work.

Bobby is a cheerful child and able to walk but is likely to be wheelchair dependent by the time he is 20. He has already spent a lot of time in hospital with more surgery to come in his early teens.

Stephen Trahair a consultant solicitor in the clinical negligence team at Foot Anstey is representing Bobby in the case to secure him the financial support he will need for the rest of his life. This cannot be truly assessed until after the further surgery needed in a few years time.

If you or anyone you know has bee affected in a similar way and would like some specialist legal advice please call on 0800 694 0441, email us at injury@footanstey.com or click here to contact us by other means.

Delays in broken hip operations may cause serious complications

Half of patients who suffer a fracture are left with permanent disability.

Currently, half of patients wait over 36 hours and some wait several days before hip surgery. New guidelines say that patients with a broken hip should be offered surgery as soon as they are admitted to hospital.

The National Institute for Health and Clinical Excellence (NICE) says this is too long as outcomes are often poor - one in three die within 12 months but prompt surgery could help change this.

Chris Thorne, partner in the clinical negligence team at Foot Anstey says: "This is an initiative which is aiming to standardise the level of care for hip fractures. The guidelines indicate that immediate surgery could lead to far better outcomes for those patients who have suffered a fractured hip.

"A consistent approach to conditions can often make the difference between a full or a partial recovery which, in turn can have a huge impact on the lives of those affected as well as their friends and family".

If you or anyone you know has been affected by similar circumstances and would like some advice from our specialist team please call us on 0800 694 0441, email us at injury@footanstey.com or click here to request a call back.

Cosmetic surgery left permanent facial scars

Chris decided to have cosmetic surgery to improve the shape of his nose, but has been left with permanent scarring and pigment change on the tip.

He has always been conscious of his looks and had even undertaken a little modelling when he was younger. He decided that improving the shape of his nose was something he would like to do if it could be achieved simply.

Chris says the surgeon failed to advise him of the substantial risk of scarring and pigment change given his skin type and, that had he been properly advised, he would not have agreed to go ahead with the operation.

He is acutely sensitive to his appearance, and it has affected his self-esteem and confidence. This has made it difficult for him to go out in public at times, which resulted in him having to turn down work and lose earnings.

Stephen Trahair of the clinical negligence team at Foot Anstey is working on Chris' case and is hoping to secure him around £40,000 in compensation.

Chris has been researching treatments that may go some way to correcting the damage to his skin and any monies recovered would be put towards some treatment in America.

MEDIA STATEMENT

Foot Anstey can confirm that partner Andrew Hannam has been instructed by the family of Terry Rooney to investigate allegations of probable physical abuse, intimidation and bullying against Mr Rooney during a period of occupation from November 2006 - April 2010 at Winterbourne View in Hambrook, near Bristol - the subject of a recent investigation by the BBC's Panorama programme.

Please note the following contact details:

Legal enquiries: Andrew Hannam on 01823 625642 or andrew.hannam@footanstey.com

Media enquiries: Martyn King on 07815 322304 or martyn@fuelcommunications.com

Cornwall care victims physical abuse case continues

Legal action regarding physical abuse at several units in Cornwall, including Budock Hospital, a 17-bed treatment unit for adults with learning disabilities, is continuing and could result in a court case.

A High Court settlement has already awarded £1.5m in compensation for the financial mistreatment of 118 adults in 24-hour supported housing in the county.

Concerns were first raised by a member of staff at the hospital in 2005.

A 2006 report by the Healthcare Commission and Commission for Social Care Inspection found evidence of abuse including staff hitting, pushing and dragging patients.

There were also reports of staff withholding food, forcing patients to take cold showers and one person suffering multiple injuries, including a fractured skull.

Four staff were sacked and the hospital was closed in 2007.

The physical abuse case continues and is being handled by Richard Scrase from Follett Stock and Andrew Hannam of Foot Anstey who says:

"We are pleased to have resolved the financial abuse issues. These related only to residents living in the Supported Living Units.

"We are now hoping to achieve a settlement in respect of the abuse claims where the focus switches to Budock hospital".

Foot Anstey have helped many people who have been affected by events such as these, if you or anyone you know has any concerns and would like to speak to our specialist team please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to contact us by other means.

For full story: bbc.co.uk

Legal Aid, Sentencing and Punishment of Offenders Bill - a savage blow for victims of medical accident and personal injury

The Ministry of Justice yesterday (21 June 2011) announced their plans for legal aid and no win no fee agreements.

As the law stands at present, if financially eligible, a victim of medical accident may obtain public funding to investigate the incident and if appropriate bring a claim for compensation. Such investigations are often costly and extensive.

The Government now plans to cut legal aid for such cases. "The result of this for some is that they will be denied access to justice" says Juliette Clarke , partner at Foot Anstey solicitors.

"Patients who have had their lives shattered by their injuries will no doubt wish to feel that the Defendant is held fully accountable.

"Whilst the details of the proposals are not yet known what is clear is that the injured party will be expected to pay some legal fees from their compensation payment - this is the system in the USA but there the amount of damages reflect that fact and are significantly higher.

"Restricting no win no fee agreements at the same time leaves me to wonder if some people will now miss out completely on obtaining just and fair compensation."

Misdiagnosis of diabetes results in permanent brain damage

Carla was misdiagnosed as a diabetic and given insulin which caused her to suffer an insulin-induced hypoglycaemic crisis which was life-threatening and has left her with permanent brain damage.

The hospital admits that she should not have been prescribed insulin, but alleges that her injuries were not caused by the prescription but by a massive insulin overdose.

There are questions over whether she should have been given self-administered insulin, since she was known to be drinking excessively, and had previously been admitted to hospital following an impulsive drug overdose.

Carla now lives in sheltered residential accommodation and will need to do so for the rest of her life, she is also subject to a control order.

Two of her four children are now adopted, and two are in care.

While she is being well cared for, she is aware of her situation and cannot understand why she is not able to return home with her children.

Stephen Trahair of the clinical negligence team at Foot Anstey is pursuing Carla's case for compensation. Any damages he recovers on her behalf will enable her to employ the assistance she would require to live in her own home.

If you or anyone you know has been affected by anything similar and would like to speak to one of our specialist advisors please contact us on 0800 694 0441, email us at injury@footanstey.com or click here to contact us online.

Foot Anstey joins new Brain Injury Group

Foot Anstey, solicitors with offices throughout the South West has been selected to join the new Brain Injury Group - a national network of expert brain injury lawyers working alongside a wide range of specialist support services. Together they provide brain injured individuals and their families with complete support – not just compensation - throughout their claim and beyond.

The Brain Injury Group comprises over 50 of the UK's most experienced lawyers across the country who specialise in brain injury cases. The Brain Injury Group has been established to ensure that brain injury cases are given the precise, specialist legal attention that they deserve. Increasingly, brain injuries are dealt with as 'just another' personal injury claim and the specific and varied needs of brain injured clients and their families are not always met.

Juliette Clarke, Partner and specialist Personal Injury lawyer said "In the early days following injury it is so important to ensure that the needs of the family and injured person are met. The effect of a serious brain injury is devastating. It is about getting the right support in place, sourcing the right rehabilitation, supporting the family. The Brian Injury group provides this and more"

Compensation alone is not enough...

The Brain Injury Group understands that injured individuals and their families face many months of anxiety and uncertainty. Compensation alone isn't enough. After the initial shock has subsided, the reality of a brain injury hits home hard. Day-to-day issues need to be dealt with while also caring for the injured individual. The Brain Injury Group helps affected families come to terms with their change in circumstances and can help to ease their financial and emotional burdens.

Who can use the Brain Injury Group?

People who have sustained a brain injury as the result of an accident or someone else's negligence are eligible to receive help from the Brain Injury Group. This could be newly injured people or families seeking access to a local specialist law firm; people who have a lawyer but feel they may not be receiving the specialist expert care and attention they need or those whose cases have already been settled but who feel they may have been undercompensated.

To contact the Brain Injury Group either call 0800 612 9660 or visit http://www.braininjurygroup.co.uk/brain-injured-persons-&-family.htm

Contact Juliette Clarke at Foot Anstey on 01752 675077, by email: juliette.clarke@footanstey.com or visit www.footansteyinjury.com

Foot Anstey contribution to hydrotherapy pool at St Rose's School

Foot Anstey were pleased to be able to make a contirbution to the Smile Appeal which was raising funds for a hydrtherapy pool at St Rose's school in Swindon.

The pool is now open and Foot Anstey have received a kind thank you letter and photographs from the school.

Brain injury awareness week

Brain Injury Awareness Week 2011 took place in May 2011 and was organised by the charity Headway.

Brain injury awareness week was a great opportunity to highlight the effects that brain injuries can have on individuals and to show the great work that the charity does in helping people to live with those effects.

Brain injuries can occur in many ways, such as in criminal assaults, road traffic accidents, accidents at work and clinical negligence. More often than not a brain injury can have a momentous impact on the sufferer's life, and they need help returning to everyday life.

Friday 13 May was Hats for Headway Day which was being supported by many organisations across the UK. The aim was to get people to wear a hat to work, the crazier the better and make a donation to a charity which provides essential services to people with acquired brain injuries, their families and carers in return.

The awareness week was also supported by The Brain Injury Group who say that each year an estimated 1 million people attend hospital A&E in the UK following head injury, many more head injuries go unreported and are not assessed by medical professionals.

The Brain Injury Rehabilitation Trust (BIRT) also backed the week and are running a campaign aiming to increase awareness of brain injury in teenagers. They estimate that a staggering 50,000 youngsters suffer a head injury every year. Their message is that simple steps – such as wearing a helmet when cycling – go a long way to preventing serious injury.

Chris Thorne, a Partner in the Personal Injury team says "At Foot Anstey we have strong links with the Brain Injury Group and with local Headway groups, with partners in the firm acting as Trustees for Headway and injured clients benefitting from Headway services.

"Brain injuries happen to over a million people a year and have far reaching consequences on both the individual and their families. A recent high profile victim, James Cracknell, recently completed the London Marathon raising money for Headway.

"During Action for Brain Injury Week this week, we were happy to be supporting our local Headway organisations of Somerset, Devon, Plymouth and Cornwall by participating in Hats for Headway.

"Here at Foot Anstey we are proud to have taken part in the Awareness week and raised funds of almost £200 in the process.

If you or anyone you know has been affected by a brain injury and would like some expert legal advice then please feel free to call us on 0800 694 0441 or click here to contact us by other means.

For further information on the week go to: Action for Brain Injury Week

Campaign to improve UK record for child brain tumour diagnosis

UK Children are suffering from brain injury and even death as a result of misdiagnosis of brain tumours.

Our record in this area is one of the worst among developed countries, researchers have said it can take as much as three times longer to get a correct diagnosis in the UK compared to the US and Canada.

The "Headsmart" initiative is aiming to increase knowledge of the symptoms among parents and GPs, in the hope of getting a quicker diagnosis, saving lives and stopping sufferers from being disabled as a result of a tumour.

Rob Antrobus head of the clinical negligence team at Foot Anstey says: "We applaud any campaign aimed at raising awareness of the symptoms of any disease.

"Missed brain tumours in children can cause serious harm. Tumours can cause symptoms that mimic other conditions, especially in the young, so parents, GPs, teachers and ultimately children will benefit from greater knowledge.

"We have recently dealt with a case where an 8 year old boy suffered an undiagnosed tumour and is now registered blind. Earlier diagnosis of brain tumours is necessary to significantly reduce the risks of serious brain injury, paralysis, blindness and death in children".

The information contained in the Headsmart posters and leaflets is available online at headsmart.org.uk.

£6m awarded by High Court for facelift errors

Penny Johnson has been awarded £6m in damages after a facelift in which she said she suffered nerve which led to her financial and IT consultancy business going into administration.

Penny said: "I don't sleep and I have a permanent buzzing around my eye which can be so intense that I can't think about anything." Both she and her husband have said that it has left her as a different person and their marriage is not what it used to be.

Rob Antrobus head of the clinical negligence team at Foot Anstey says: "Over £200m per annum is now spent on cosmetic procedures, unfortunately sometimes mistakes are made which can have a devastating impact on the patient and their family and friends.

"If you do decide to have cosmetic surgery then there are a number of steps you can take to ensure that you achieve the best possible advice and treatment. Some useful information can be found on the British Association of Aesthetic Plastic Surgeons website which is http://www.baaps.org.uk/

"It should always be borne in mind that all plastic surgeons have a duty to ensure that the procedure is carried out with the highest levels of diligence.

If you or anyone you know has been affected by anything similar and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

For full story go to: bbc.co.uk

Asbestos - still the hidden killer

A series of training courses being held in conjunction with the HSE is highlighting the fact that asbestos poisoning is still the "hidden killer"

Many people think that asbestos is only present in older buildings when in fact it can be found in buildings constructed as late as 1999.

It is not only demolition/construction personnel who are in danger from asbestos, the courses are also aimed at joiners, electricians, decorators, heating engineers and general builders.

It is vital that all trades are aware of the dangers as often asbestos surveys are not carried out, as they should be, before work starts on a construction or demolition project and workers are not made aware where asbestos could be found and what should be done if it is discovered accidentally.

Juliette Clarke a partner in the personal injury department at Foot Anstey says: "Asbestos fibres can lead to Mesothelioma, which can take anywhere between 15 and 60 years to present itself and, unfortunately, by then it is almost always fatal. The effects are devastating.

"It is a challenging disease to diagnose, however, and the symptoms can often be quite vague. These include breathlessness, tiredness, chest pain and weight loss.

"We have helped many victims of Mesothelioma to gain financial security for themselves and their families. We have also helped ex-serving members of the Armed Forces to gain compensation, when they thought they could not pursue a claim, via Trust funds specifically set up to help them in the United States".

If you or anyone you has been affected by asbestos related disease and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

To read more and see details of the courses being held in Yorkshire go to: hse.gov.uk

Staged road traffic accidents advice

A number of regions within the UK are experiencing a high level of deliberately induced road collisions.

Organised gangs work together to cause the accident and also to provide witnesses who will swear that it was your fault.

The following is some advice published by The Herald to help you if you feel that you may have been caught up in a staged accident and is sound advice following any road accident:

Don't say anything other than "it is a matter for our insurance companies".

If anyone is injured, police should be called.

Take as many pictures as possible of the accident, including the driver, passengers, vehicle and damage.

The identity of the driver is crucial so take a name, address and a good description.

Establish how many passengers are in the other car and take a good description of them.

Take a note of any other cars involved including damage and registration numbers.

Try to find an independent witness, but be wary of any witnesses quick to offer their services as they may be part of the scam.

Be wary of companies who contact you quickly offering to repair your car, unless they are through your insurance company.

If you suspect the accident was intentional, inform your insurance company at the earliest opportunity.

If you know of anyone involved in staging accidents you can confidentially call the Insurance Fraud Bureau Cheatline: 0800 328 2550.

Anyone suspecting they have been involved in, or witnessed, a staged motor accident should call the Insurance Fraud Bureau: 0800 328 2550.

Death of 85 year old lady prompts internal review at Derriford Hospital

An 85 year old lady was admitted to Derriford Hospital on October 14 last year with a leg ulcer. She died on November 22 of hospital-acquired bronchopneumonia.

A report was commissioned by Dr Francis Luscombe – associate medical director for integrated healthcare governance – after concerns were raised by Mrs May's family.

The report, by Dr Elfyn Thomas, has questioned whether the specialist, ward-based, care system is the one best suited to caring for the elderly.

Rob Antrobus, head of clinical negligence says: " We help many relatives who have concerns over the treatment of elderly relatives in hospitals and care homes.

"It is good that questions are asked to determine the right way to offer the correct level of care across the needs of the elderly.

If you or anyone you know has been affected by anything similar and would like some expert legal advice then please feel free to call us on 0800 694 0441, email us at injury@footanstey.com or click here to contact us by other means.

For full story go to: thisisplymouth.co.uk

Foot Anstey host Personal Injury update

Foot Anstey invited acclaimed Personal Injury commentator Professor Dominic Regan to speak to them at their Plymouth office on 12 May.

As well as keeping their own staff up to date the talk was hosted for the benefit of local injury solicitors who refer work to Foot Anstey's highly regarded clinical negligence team.

Dominic blogged that he "had a great afternoon" and he caught up with some old faces.

Rob Antrobus head of the clinical negligence team said: " This was a great opportunity for us to offer some thanks to those who refer clients to us and, in addition, to keep abreast of changes in our practice areas.

"Dominic was, as usual, informative, entertaining and the feedback received has been very positive".

One third of cancer cases initially missed

One in three people who have visited their GP with cancer symptoms have not been referred for tests.

The NHS audit, the first of it's kind, asked cancer patients about their experiences and treatments at the GP surgery.

British survival rates for cancer are among the worst in Europe, with only Poland, the Czech Republic and Slovenia lower on European league tables.

Prof Mike Richards, the Government's cancer tsar, said that the audit was undertaken because delays in diagnosing the disease were the main reason for the UK's poor record.

He also said: "Family doctors deciding whether a symptom required investigation too often felt under pressure, when costs were tight, to restrict numbers referred to hospital.

"In the past, when the NHS had less resources, there has been some implicit encouragement of GPs to play a gate keeping role - to limit the number of cases referred to hospital. Our message to GPs is clear: if in doubt, play it safe."

Rob Antrobus, head of the clinical negligence team said: "These figures are initially alarming in the light of the fact that it is suggested that delays had a detrimental effect on the patient's health in up to one third of these cases.

"GPs are required to "filter" before referring and often this means trying treatments to see if they solve the problem, before referring for further tests.

"However, the report does say that the missed symptoms, which can also mimic more benign conditions, tend to result in the more rare forms of cancer.

"GPs are now being told to refer if in any doubt which can only be a positive step towards improving the UK cancer survival rates"

If you or anyone you know is concerned over a misdiagnosis or delayed treatment and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

To read more go to: telegraph.co.uk

11 Year old girl thrown from fair ground ride

The HSE have fined a fairground operator £10,000 plus costs after a young girl was thrown from one of their rides.

The girl suffered a serious head wound, and many cuts and bruises after the lap bar failed and she could not use the lap belt.

The HSE provide free guidance on safe practice at fairgrounds and say "It's vital that all operators follow this carefully to ensure they don't put members of the public - often children - at risk."

Juliette Clarke, a partner in the personal injury team said: "When you take your family for a fun day out it is imperative that you can trust the facilities offered.

"An accident such as this can have a devastating impact on a child's life and on all of the family. Head injuries can be devastating."

For full details go to: hse.gov.uk

Simple blood test could reduce number of ovarian cancer deaths

GPs are being encouraged to carry out more blood tests than they currently do to help fight the numbers of deaths from ovarian cancer.

The National Institute for Health and Clinical Excellence (NICE), which makes recommendations on medicines and procedures in the NHS has recommended that the blood test should be offered sooner to those who present with recognised symptoms.

Rob Antrobus, head of the clinical negligence department said: "Although my understanding is that the blood test is not infallible, any procedure which may prevent a misdiagnosis of cancer should be undertaken.

"Our role is to help people if a delay in diagnosis or misdiagnosis of cancer happens, but we would far rather that it didn't.

"This blood test costs around £20 and in the longer term could save the NHS hundreds of thousands of pounds and, more importantly, it has the potential to save thousands of lives".

To read more go to: bbc.co.uk

Stillbirth rates in UK one of the highest among high-income countries

A series of reports have been conducted by The Lancet, Medical Journal, highlighting the global rates and causes of stillbirth.

The figures produced by The Lancet show 11 children in the UK are stillborn every day. This figure makes the rate of stillbirth in our country higher than in almost every other high-income country in the world.

The causes of stillbirths are both manifold and often unclear. The series of reports identifies many risk factors which could account for babies being stillborn, including problems with the placenta and infections. The report states if better monitoring was conducted throughout pregnancies this figure would be reduced. The Lancet recommends further research into the causes of stillbirth be undertaken.

Claire Stoneman, an Associate in our clinical negligence team, works closely with Sands, the stillbirth and neonatal death charity, and specialises in these types of clinical negligence claims.

She was asked to undertake an internal investigation relating to the common trends in the stillbirth cases we have conducted. The purpose of the study was to ascertain if there was a link between various pre-existing conditions and the stillbirth.

Claire said: "As with the Lancet reports, the overwhelming trend I found was the lack of fetal heart rate monitoring throughout pregnancy. This was particularly so in high risk pregnancies where delivery took place during a holiday period/weekend and involved staff shortages.

"It was noted women are not routinely asked about their perception of fetal wellbeing. When they reported a decrease in fetal movements (accepted as a risk factor for stillbirths), they were not always listened to and in some cases there was a failure to act on the information provided".

If you have any concerns regarding the treatment you received during pregnancy, labour or in the neonatal period, please do not hesitate to contact us on 0800 694 0441, injury@footanstey.com or click here to contact us by other means.

News item: bbc.co.uk

Outcomes of bowel cancer surgery vary greatly between hospitals

A report in the Gut Journal says that the incidences of death within 30 days of bowel cancer surgery vary greatly between hospitals.

Cancer Research UK say that the results are "worrying".

Following the publication of death rates after heart surgery outcomes improved significantly and there are hopes that this report may have the same effect on bowel cancer surgery outcomes.

Rob Antrobus, head of the clinical negligence team at Foot Anstey, said :

"Whilst the headline results of studies such as this are alarming, their publication ensures that best practice is shared and lives are saved as has been the case with heart surgery outcomes.

"We deal with many cases where best practice has not been followed, some of which have resulted in fatalities and we welcome any reports that can help to reduce injury, through better processes being implemented.

"Our team have good relations with NHS trusts, which helps to secure the best outcomes when the intended result has not been achieved".

If you or anyone you know has been affected by and would like to speak to one of our specialist legal advisors please feel free to contact us on 0800 694 0441, email us at mailto:injury@footanstey.com or click here to complete our online enquiry form.

Third national honour for Foot Anstey's personal injury team

Foot Anstey's clinical negligence and serious personal injury team has been appointed to the specialist legal panel of another national organisation. Brain injury charity Headway has appointed the firm to its panel of specialist advisers to provide comprehensive support to members.

The appointment is the third national recognition for the team so far this year.

Foot Anstey was recently appointed by the Spinal Injuries Association and awarded a quality kitemark by the Association of Personal Injury Lawyers, the country's largest personal injury campaigning group.

Rob Antrobus, partner and head of clinical negligence and serious personal injury at Foot Anstey, said: "We are delighted to be appointed by Headway which carries out admirable work for sufferers of acquired brain injuries who require expert assistance.

"We have been selected on the basis of the strength in depth of our team and its expertise in securing fair compensation awards in this complex, specialist, area of law."

Foot Anstey has more than 25 clinical negligence and personal injury specialists with experience of handling high value and complex personal injury cases. The team recently launched a dedicated website which aims to give people seeking advice on clinical negligence and injuries a focused guide to the services they can provide.

Story from: thisisexeter

6 Year old boy dies of meningitis

A 6 year old boy has died after he was diagnosed with a sore throat and given antibiotics.

His grandmother was told to take him home and let him sleep, she took him back a few hours later when he developed new symptoms. He was diagnosed with meningitis but sadly died a couple of hours later.

Rob Antrobus head of the clinical negligence team at Foot Anstey made this comment:

"It is very sad to hear of another death from meningitis, so soon after that of a schoolgirl in Cornwall.

"Everyone needs to be vigilant to the signs of this dreadful disease and if they have any concerns to seek medical advice straight away. Useful information on meningitis, including details of the signs and symptoms, can be found at www.meningitis-trust.org.

"Unfortunately, delays in diagnosis and treatment can prove to be devastating and in some cases fatal.

"We have built up strong links with the Meningitis Trust and therefore we are well placed to provide expert, specialist, advice to those affected by meningitis".

For full story go to: dailymail.co.uk

Proposed Reforms for Civil Litigation Funding

Helen Horswell of our Exeter office has simplified the proposed reforms in the following document:

The first major change in the civil justice system for 15 years was announced on 29 March 2011 by Justice Secretary, Kenneth Clarke. He says "Most people dread going to court because of all the cost and anxiety it involves. We must change that by helping them to avoid court where possible and cutting costs where that is unavoidable."

As it stands, since a solicitor cannot possibly know the strength of a case from the very beginning, he is entitled to what is known as a success fee on top of his usual costs if the claimant is successful in recovering damages. A solicitor often does not know for months whether a case is likely to succeed, e.g. until exchange of witness evidence, and cannot know how his client is likely to perform as a witness. The success fee (12.5% or 25% in most cases) essentially pays for the lost or discontinued cases which are unlikely to succeed and this in turn means that anyone with a potential claim, no matter how strong or weak it may be, has access to justice and legal redress.

The biggest reform being proposed is to abolish the recovery of these success fees and the associated costs of "no win no fee" agreements. The Government believes that the current arrangements in place impose too great a burden on defendants by way of costs if they lose.

Instead, the Government suggests that claimants pay their solicitor's success fee from the damages they are awarded. To compensate this the Government further suggests a 10% increase in general damages (i.e. those damages awarded for pain, suffering and loss of amenity as opposed to damages for financial loss) to help the claimant pay for that success fee. The Government also proposes allowing American style contingency fees where a solicitor may take a proportion of the claimant's damages in costs.

Other planned changes include: -

Raising the small claims limit from £5,000 to £15,000;Changing the County Court jurisdiction so that the use of the High Court is preserved for larger, more complex claims only;Expanding the use of an online system for commencing claims to cut waiting times and limit expense; andIncreasing the use of mediation for small claims in particular, and enforcing settlements made in mediation through the courts.

The Law Society has said that "Taken together with the government's legal aid reforms, these plans on civil costs funding mean that ordinary people won't be able to obtain proper redress for the wrongs they have suffered."

If the government proposals are implemented then solicitors will have to be far more careful in selecting the cases they take on and will be reluctant to take on cases with only marginal evidence. Claimants with modest earnings or smaller claims will miss out because the cost of the work to be done will be unlikely to be proportionate to the damages sought. Those that are able to obtain representation will face a defendant who has little incentive to make reasonable offers and settle the claim since the cost burden will not be an issue and so many more cases are likely to proceed to trial – defendants have no incentive not to try their luck in court.

The changes also mean that sums recovered by the NHS for treatment provided after an accident and by the Compensation Recovery Unit for benefits paid to claimants through being out of work will be significantly reduced if not eradicated completely.

Cyclist injured by hit and run driver

A cyclist was left injured by a hit and run driver in Lyme Regis on Sunday 10 April.

Police are hunting for the driver who left the cyclist with a head injury and he was later taken to hospital with head pain.

The car was a red Vauxhall Astra and the incident happened at around 2pm at the entrance to the Holmbush car park. The Astra is likely to have a broken passenger side mirror and possibly a dent in the bodywork.

Anyone with any information is being asked to contact PC Winward on 01305 222222.

Juliette Clarke of the personal injury team at Foot Anstey says: "It is hard enough when you are injured in any kind of road traffic accident and this is made worse when the driver fails to stop.

"Cyclists can be very vulnerable to this kind of incident as drivers will deny knowledge of the accident having happened.

"We have dealt with several hit and run accidents in cases where the driver has eventually been traced and in some where they never are".

If you or anyone you know has been affected by anything similar and would like some expert legal advice then please feel free to contact the personal injury team on 0800 694 0441 or click here to contact us by other means.

For full story go to: devon24.co.uk

Simple bowel cancer test could save thousands more lives

A new screening process for bowel cancer could save up to 3,000 more lives than the current one as well as identifying other diseases.

The UK National Screening Committee has recommended the new test known as flexible sigmoidoscopy (FlexiSig) test, for all aged between 55 and 59. Figures suggest that a test for middle-aged people in the UK could reduce bowel cancer rates by a third and deaths by almost a half.

Rob Antrobus, head of the clinical negligence team at Foot Anstey has said:

"We welcome any intervention that can reduce the cancer rates and save lives. The chances of survival from most cancers can be greatly increased by early detection and treatment.

"We have been led to believe that the current screening system can miss up to 20% of cancers and hopefully this new test, when introduced, will go some way to covering that shortfall.

"Our team at Foot Anstey have a lot of experience in helping those unfortunate enough to have suffered delays in diagnosis and/or treatment of cancer and other diseases".

For full story go to: telegraph.co.uk

Foot Anstey on panel of national charity

A LAW firm has become the first in Cornwall to be appointed to the specialist panel of the Spinal Injuries Association (SIA).

The clinical negligence and serious personal injury team at Foot Anstey has been chosen to provide assistance to members of the leading national charity for people with spinal cord injury.

Truro partner Mike Bird, who leads the team in Cornwall, said: "We are delighted to be appointed by the SIA, particularly because gaining acceptance onto this panel requires evidence of an extremely high level of service beyond achieving compensation awards."

Foot Anstey was also recently awarded a quality kitemark by the Association of Personal Injury Lawyers, the country's biggest personal injury campaigning group, in recognition of its expertise and professionalism.

If you or anyone you know has been affected by medical negligence or serious accident or injury please feel free to contact our specialist teams on 0800 694 0441 or click here to contact us by other means.

Story from: thisisdevon

Concern at Meningitis death of Cornish school girl

Following on from the very sad news that a Cornish schoolgirl had died from meningitis Rob Antrobus of Foot Anstey made this comment:

"The news in Cornwall that there has been a death from meningitis will be of a concern to many.

"Clearly, parents and carers should be alert to the signs and symptoms of meningitis and if there is any doubt, they should seek immediate medical advice. Useful information on meningitis, including details of the signs symptoms, can be found at www.meningitis-trust.org.

"Unfortunately, even when medical opinion is sought, there can still be delays in diagnosis and prompt treatment of meningitis. At Foot Anstey we have acted for a number of clients where there have been such devastating delays.

"We recently secured damages of over £5.5m for a young boy who was left severely brain damaged as a result of meningitis which should have been diagnosed earlier.

"Foot Anstey have built up strong links with the Meningitis Trust and therefore we are well placed to provide expert, specialist, advice to those impacted by meningitis".

Should you have any concerns following the of treatment or delay in diagnosis of meningitis then please feel free to contact our specialist team on 0800 694 0441, email us at injury@footanstey.com or click here to complete our online enquiry form.

Well known pub chain fined over employee burns

It has been reported in several publications that J D Wetherspoon have been fined £27,000 plus costs for a burns accident where an employee received burns to his face and body.

The employee was using a machine which cleans other equipment but was not wearing the full protective clothing and had not received training.

Juliette Clarke, partner in the personal injury team, said:

"Accidents can occur in any kind of workplace, although there are obviously greater dangers in some. The risk is higher if the correct training and/or health and safety measures are not implemented.

"People fear that they may lose their job or be discriminated against if they bring a claim following a work related accident. This is in fact a myth and if either occurred could leave the employer open to further legal actions.

"In the majority of cases awards made would be paid by the employer's insurance, so there should be no worries, especially when working in smaller companies, about the impact of the claim on the company's finances".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the personal injury team at Foot Anstey.

Cornwall china clay plant fined £30,000 after accident

The china clay giants Imerys were fined £30,000 and costs after an employee had a serious accident at work.

One of their employees was sucked into a conveyor belt machine used to flatten the bags of clay powder. The man sustained serious head and chest injuries after he was pulled into the machine by his arm.

Juliette Clarke, partner in the personal injury team, commented: "This kind of accident can have a huge impact on the lives of both the injured party and their close friends and family.

"This gentleman was very fortunate in being able to return to the same kind of work within the same company, all too often this is not the case and people's lives can be turned upside down by accidents like this".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the Personal Injury team at Foot Anstey.

For full story: thisiscornwall.co.uk

Midwives Suspended after mother and baby die

Queen's hospital in Romford has suspended two midwives following the deaths of a mother and her baby.

The mother's family informed staff that she was cold and in pain as she went into labour, even so staff missed the signs of her ruptured womb and when she went into cardiac arrest tried to use a disconnected oxygen mask.

An emergency Caesarean was performed but the baby was stillborn and the mother died five days later.

Mrs Dongworth the Trust's Chief executive has said the care given to Ms Ali "was of an unacceptable standard" and liability "will not be disputed".

The Care Quality Commission described the maternity unit at Queen's as "frequently understaffed, with patients put at risk from broken or missing equipment".

Robert Antrobus, head of the clinical negligence team at Foot Anstey commented: "This is a very sad case where unacceptable standards during labour have resulted in the death of both mother and baby.

"Although the underlying condition that caused the problem is very rare, the trust have apologised and have now put measures in place to try and ensure that there is no recurrence of this kind of mistake".

If you, or anyone you know, is or has been affected by medical error or negligence and want to receive specialist advice then please feel free to contact the clinical negligence team at Foot Anstey.

For full story go to: bbc.co.uk

Doctor's loyalty to colleagues is causing loss of lives

A report by leading heart surgeons has said that deaths are being caused when doctors are accepting of poor standards to protect colleagues.

The report also says that other medical disciplines should adopt the same sort of process as the heart surgeons to collate statistics on treatment results, which gives patients indications of where to get the optimum outcome.

Heart surgeons have been doing this kind of data capture since the inquiry into the Bristol Babies scandal in 2001 and it has increased survival rates significantly.

Some doctors have been reluctant to expose 'weak links' in the service, according to Sir Donald Irvine, former president of the General Medical Council.

He wrote in the report: "The generally good public standing of doctors has tended to obscure the fact that over a long period of time the profession, perversely, has been prepared to tolerate some very poor practice from a minority of its members through a misplaced sense of collegiality and dated ideas of professional autonomy."

Robert Antrobus, head of the clinical negligence team at Foot Anstey agrees: "This report highlights that when there is a culture of openness it clearly drives up standards, which is of benefit to everyone.

So often clients tell us that all they want is an explanation of what has gone wrong and a clear action plan to rectify matters. Unfortunately, this is rarely given".

If you, or anyone you know, is or has been affected by medical error or negligence and want to receive specialist advice then please feel free to contact the clinical negligence team at Foot Anstey.

For full story go to: Independent.co.uk

Supreme Court victory may open doors for Asbestos victims

Following Supreme Court rulings on Asbestos related diseases, Juliette Clarke, Partner in the personal injury team at Foot Anstey has said:

"These 2 Two Supreme Court rulings may change the way that liability for asbestos related cancers, such as mesothelioma, is determined.

"In these test cases the Supreme courts ruled that the victims did not have to prove long-term exposure nor that the exposure had doubled their chances of contracting asbestos related diseases in later life.

"This may well open doors for those who had previously believed that they had no chance of being compensated".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the personal injury team at Foot Anstey.

Scillies Tractor death investigated

The Health and Safety Executive (HSE) are investigating the tragic death of a well respected farmer on Thursday 7 April.

It is believed that part of the tractor fell and crushed him whilst he was working underneath it.

It has shocked the small community and they are trying to come to terms with the death.

Juliette Clarke of the personal injury team at Foot Anstey has commented: "This is a tragic accident which has had a major impact on the close community on the islands and our sympathies are with the family.

"The HSE say that agriculture and construction are two of the most dangerous industries. The seemingly gentle occupation of farming is full of hidden hazards which can have disastrous consequences if the proper measures are not put into place and followed.

If you or anyone you know has been affected by anything similar and would like some expert legal advice then please feel free to call us on 0800 694 0441 or click here to contact us by other means.

For full story go to: cornwallcommunitynews.co.uk

Hit-and-run driver breaks cyclist's leg

A 57 year old woman was knocked to the ground and then had her leg run over by a hit-and-run driver in a black car.

The lady was waiting at a junction when the car pulled up next to her, it then clipped her bike causing her to fall off and as it moved off, ran over her leg breaking both bones and drove away.

The incident took place at Balls Corner roundabout on Kingsteignton Road in Newton Abbot, Devon at the busy commuter time of 5pm on Wednesday March 2.

The police are appealing for any witnesses and have said: "We want to track down this vehicle. It has been described as being similar in size to either a VW Polo or a Peugeot 206. We also want anyone who was there at the time to contact us."

Juliette Clarke, Partner in the Personal injury team at Foot Anstey said: "It is very sad when this kind of incident occurs, it can add to the impact of physical injuries when the driver fails to stop.

"We deal fairly regularly with cases that we refer to the Motor Insurer's Bureau for accidents caused by drivers who are either uninsured or untraceable".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the Personal Injury team at Foot Anstey.

For full story go to: thisisdevon.co.uk

Fallen electricity line causes serious injury to walker

A man has been seriously injured by a fallen cable carrying 11,000 volts whilst out walking near Plymouth at the weekend.

A couple, who lived not far away, had come across the cable, after hearing a buzzing noise and reported it to Western Power Distribution only minutes before the accident.

The injured man was taken to Derriford hospital by Devon Air Ambulance, but was later transferred to a specialist burns unit in Bristol. He is said to be in a "stable condition having undergone surgery".

A spokesman for Western Power Distribution said the firm had received reports the pole carrying the cable had come down after being hit by lightning. The repair work was completed the same day.

Juliette Clarke, Partner in the Personal injury team at Foot Anstey said: "This horrible accident has come very closely on the heels of the two horses that were electrocuted by unused underground cable and died at Newmarket earlier this month.

"In this case it is unclear how long this line had been down but it is essential that the power companies act as soon as they are aware of any instances that may cause injury".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the Personal Injury team at Foot Anstey.

Plymouth hospital warned after surgical spot checks by health watchdog

The Care Quality Commission (CQC) is insisting on "full and consistent compliance" with surgery checklists at Derriford hospital in Plymouth, after they found this was not always the case during spot checks on February 15.

The lists includes procedures to be followed before, during and after operations – from checking equipment and sterility of instruments to confirming swab counts are complete.

The inspectors found that the adherence to policy was not sufficient in three theatres at the hospital.

Mike Bird, a partner in the clinical negligence team at Foot Anstey said:

"Whilst Derriford may have been open about this in the past, the point is that these are basic, crucial safety issues - a "never event" should be just that. We should all be relieved to hear Derriford's determination to eliminate these errors, and hope that they succeed.

"Patients deserve to know that every possible step is taken to ensure their safety whilst under the care of any hospital".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact the clinical negligence team at Foot Anstey.

To see the original article go to thisisplymouth.co.uk.

Medical Accident Charity still concerned over NHS missing safety alerts

The chief executive of Action against Medical Accidents (AvMA) has voiced concerns over figures which show many NHS Trusts are still not responding to safety alerts.

Progress has been made since the charity highlighted the problem last year, but even with a 50% reduction there were still 654 alerts not having been complied with.

The alerts are issued to highlight potentially harmful situations in a medical setting.

Mike Bird, a partner in the clinical negligence team at Foot Anstey said:

"Despite an improvement on last year of some 50%, these figures show there is obviously still some way to go. What is the point in having a patient safety alert system if the system is not used by hospitals and clinicians?

"The NHS Trusts have to get on top of this and respond quickly and properly to these alerts so that errors are avoided. Too many people are still being affected by avoidable mistakes".

If you, or anyone you know, is or has been affected by anything similar and want to receive specialist advice then please feel free to contact Mike Bird on 01872 243360 or at mike.bird@footanstey.com .

To see the original article go to bbc.co.uk

Foot Anstey Appointed by the Spinal Injuries Association

The Clinical Negligence and Serious Personal Injury team at leading South West law firm Foot Anstey has been appointed to the specialist panel of a national charity.

The Spinal Injuries Association (SIA) - the leading national charity for spinal cord injured people – has appointed Foot Anstey as one of its national panel of advisers to provide assistance to its members.

Commenting on the appointment Rob Antrobus, partner and Head of Clinical Negligence and Serious Personal Injury at Foot Anstey said: "We are delighted to be appointed by the SIA particularly because gaining acceptance onto this panel requires evidence of an extremely high level of service beyond achieving compensation awards."

Fellow partner and serious personal injury expert Juliette Clarke continued: "Our experience in working closely with family and friends to help deal with important considerations such as rehabilitation, ongoing care and financial support has made a real difference in this appointment. We look forward to supporting people who have suffered spinal injuries as they seek to rebuild their lives."

The appointment is the second national recognition for the team in a matter of weeks. Foot Anstey was recently awarded a quality kitemark by the Association of Personal Injury Lawyers - the country's largest personal injury campaigning group in recognition of its expertise and professionalism.

Foot Anstey's Clinical Negligence and Serious Personal Injury Team is the largest in the region, with over 20 specialist lawyers who have a breadth and depth of experience and a track record in handling high value and complex personal injury cases.

Reece lives his dream after landmark payout

When Reece Dodd and his family finally won their 18-year battle for compensation from the medical authorities, they all decided they needed a holiday.

The 20-year-old from Chippenham in Wiltshire always had the dream of joining the infamous Barmy Army, who travel the globe to support the England cricket team.

But Reece suffers from cerebral palsy following a medical blunder when he was born at a military hospital in Germany back in 1990.

He was starved of oxygen at birth and cannot walk, talk, roll over, sit up, go to the toilet or eat independently and can only communicate through eye movements and a special computer.

Back in 2009, the family won their case and were awarded one of the biggest pay-outs of its kind in British legal history.

And despite the logistical nightmare of even a trip to the shops, his mum Michelle, 47, was determined that her son would get his wish to join the cricket-loving crowds of lobster-coloured Englishmen abroad.

Michelle said: "We knew South Africa would be physically demanding as there would be no hoists to help lift Reece, his pads could not be changed without him lying down and we would have to handblend his food.

"Money buys you first-class plane tickets and it gets you in the best hotels rooms but there were no electric rise-and-fall beds, no wet rooms with full-size showers, stretchers and non-slip flooring," she added. "Transfers to and from the airports to hotels and hotels to the matches were in wheelchair-carrying vehicles, thanks to Ecco Tours, with wonderful drivers who also took us to lunch at a beach café on Christmas day.

"I cannot fault the service we received and The Southern Sun Elangeni hotel in Durban was without a doubt the most helpful, accessible, friendliest establishment we have ever come across," she said.

The family made it to three of England's matches, in Centurion, Durban and Cape Town, and Reece soon became the most celebrated member of the Barmy Army.

"The cricket, well, that was a blast," said Michelle. "Reece was so excited every morning. We'd get him dressed up in his England tops, take our St George flags and he loved every minute.

"The Barmy Army took him to their hearts. The players too were superb. Matthew Hoggard (pictured right with Reece) and Ryan Sidebottom came over to have their photos taken with Reece and there were plenty of autographs on his bat too by the end of the trip.

"In turn Reece showed everyone that just because you are disabled it doesn't mean you can't have a magnetic personality, a beautiful smile or a sense of humour.

"Reece's tan may be long gone now but he will carry the memories with him forever and for that I am eternally grateful," she added.

For the family, it was just what Reece, and they, deserved after an 18-year battle to care for Reece and to secure his care for the future.

Back in April 2009, Michelle received the phone call she had waited 18 years for – and any further financial worries were dispelled for good.

The defence had admitted liability and an interim payment of £900,000 soon followed.

This July, Reece was awarded a further lump sum of £1 million and periodical payments which will total £7.5 million if he lives to his predicted age of 49 – one of the largest High Court settlements of its kind.

"Life is so difficult for families with disabled children," said Michelle. "Holidays are a nightmare, schooling is a battle, a shopping trip is impossible and parent-carers are emotional volcanoes, simmering for weeks before exploding."

Not unusually, the strain of caring for a cerebral palsy victim spelt the end for Michelle's marriage but she is far from a quitter.

She added: "It was obvious we would need mountains of money to even attempt a decent lifestyle for him, yet how can you hold down a full-time job when you're a full-time carer?"

Work is under way on converting a large 1950s house for Reece, complete with a specially designed bedroom and en-suite bathroom together with a through-floor lift.

He has his own unique wheelchair with a seat and back moulded to his body and an eye gaze machine, which will allow him to communicate via the movement of his iris, is on order.

Michelle has nothing but thanks for the specialist medical lawyer Andrew Hannam at Taunton-based Foot Anstey, who worked for years for the claim.

"This has been a very challenging case which initially was being fiercely contested by the defendants," he said. "However, once liability had been accepted there was a willingness to work together to find a solution which would ensure Reece's needs were provided in full for the rest of his life".

"One of the reasons for the payments being so high was a considerable need for physical care and support yet Reece has relatively spared cognition which enables him to take advantage of a range of equipment," he added.

Story from: Western Daily Press Tuesday 9 November 2010

Serious Untoward Incident Reports

It has been reported today (11 January 2011) on the BBC that there have been over 800 Serious Untoward Incident Reports published at acute hospital Trusts in Devon and Cornwall over the past 18 months. Of these, 90 resulted in unexpected death to patients. Three of the deaths in Plymouth were children. This pattern is likely to be repeated across the country.

Rob Antrobus, partner and head of the clinical negligence team at Foot Anstey, was interviewed as part of the report.

Serious Untoward Incident Reports (SUIs) should be produced when something out of the ordinary or unexpected occurs during treatment. Guidance is provided to Trusts as to when an SUI investigation should be undertaken. Examples given include:

Significant harm or death to a child
All maternal deaths directly or indirectly linked to the obstetric care
Unexpected or unexplained still births
Unexpected death or serious injury/ life threatening injury to a patient
Deaths in which MRSA or C.Diff are implicated as a primary or secondary cause
Failure or misuse of equipment which caused injury, harm or danger of life to a patient

SUI reports are undertaken as part of the process in which the NHS try to learn from experiences. It can be a very useful risk management tool to ensure that similar adverse events do not happen in the future.

Often patients or their families are given a copy of the report. However, as the primary purpose of the report is to learn from the events, the reports are often very technical in their nature. This is where specialist medical negligence solicitors can assist. Here at Foot Anstey, we have advised many clients who have received SUIs as to the true meaning of the report and whether the findings of the report warrant an investigation in to a claim.

Should you, or a member of your family, receive an Serious Untoward Incident Report and want to receive specialist advice then please feel free to contact Rob Antrobus on 01752 675031 or at robert.antrobus@footanstey.com

To see the full article go to: bbc.co.uk

Stone crushes worker's leg

A quarry worker's life has been significantly affected by an accident at work where his leg was broken in two places. He is still off work some 18 months later.

He was moving large blocks of stone using a forklift truck, the block had not been secured properly and some of them fell on to his leg.

The HSE investigated and found the stones had not been secured properly, nor should the employee have been working alone when carrying out this type of work and the owner of the quarry was fined.

Juliette Clarke, a Partner in the Personal Injury team at Foot Anstey, says "I fully understand the pressures facing employers in this day and age. Profit margins are tight, but economies should not be at the expense of safety. This injury will have had a huge impact on the employee and his family. It will be many months before he can return to work".

For full story go to: hse.gov.uk

Stroke follow-up care

It has been reported that after reviewing the performance of all 151 primary care trusts The Care Quality Commission has found "immediate improvement was needed" to stroke follow up care.

It found that there are marked differences in the services dependant on the area of the country, for example a third of areas did not provide specialist physiotherapy services for stroke patients, while nearly a half of areas were failing on specialist occupational therapy provision.

Whilst the South West are performing very well with Plymouth providing "the best" care, Joe Korner, of the Stroke Association, said there was a risk the situation was only going to get worse in the current economic climate.

He said: "The Stroke Association has seen several community-based services come under threat of closure. We are at risk in some areas of the standard of post-stroke care regressing.

"This comes at a time when evidence suggests more not less investment is needed to help stroke survivors in the community with their recovery."

Rob Antrobus head of the clinical negligence team at Foot Anstey says: "We are often instructed when there is concern regarding the management of patients who have suffered a stroke. The concern could relate, for instance, to the care received immediately after the stroke when there is a golden opportunity to prevent long term disability."

Should you wish to discuss your concerns then contact the clinical negligence team.

For full story go to: bbc.co.uk

For summary of report go to : cgc.org.uk

Inferior Overnight care for Mothers could increase risk of birth injuries

Care overnight is not as good as care during the day Dr Tony Falconer told the Guardian in his first interview since becoming president of the Royal College of Obstetricians and Gynaecologists.

Dr Tony Falconer expressed concerns that inexperienced doctors lack the skills needed to ensure a safe delivery and could be too slow to spot problems and take actions to avert them.

Whilst stressing that the majority of out-of-hours maternity care is perfectly safe, he said more senior doctors would mean "fewer mishaps".

Belinda Phipps, the National Childbirth Trust's chief executive endorsed this view agreeing that standards of care and expertise available differ out of hours.

Robert Antrobus, head of the clinical negligence team at Foot Anstey agrees, he said ‘this puts in to perspective the fact that the majority of investigations we undertake into the standard of care received relate to out of hours management, whether that be during the night, as highlighted by Dr Falconer, or at weekends and Bank Holidays’.

Original story from: guardian.co.uk

Fall through roof paralyses worker

The HSE imposed a fine of £5,000 after three workers fell through skylights on three separate occasions and all at the same industrial unit.

The first worker went up to clean the guttering and fell through the skylight suffering fractured ribs and bruises, a second worker was sent to take photographs of the scene, fell through a different skylight but escaped injury.

Three weeks later, a 62-year-old was sent to repair the skylights. While fixing one of them he fell more than four metres to the ground below. He sustained severe spinal injuries, leading to him being paralysed from the waist down.

Last year, more than 4,000 employees suffered a major injury as a result of a fall from height at work and 15 were killed.

Juliette Clarke of Foot Anstey says “If this maintenance had been carried out with the correct safety procedures in place, all three of these accidents could have been prevented. Sadly we see cases such as these all too often, our goal is then to help people to achieve the correct level of compensation, so that they can rebuild their lives”

Full story from: hse.gov.uk

£5,000 offer of compensation for missed breast cancer criticized

Fourteen women have been offered £5,000 by the NHS Trust as compensation for the failure to diagnose breast cancer and give them a false all-clear.

Once the disease was found some of the women had to endure aggressive treatments including mastectomy.

Four payouts have been made already, but some of the women affected feel that the amount of compensation being offered is an insult considering the impact this has had on their lives.

Rob Antrobus head of clinical negligence at Foot Anstey says: "In the circumstances the offers of £5,000 do seem particularly low, however the damages attained will be very much case specific. That said, if it can be proven that, for example, a mastectomy would not have been required if the diagnosis had been made earlier then I would have expected general damages to be in the region of £30,000 or more. To ensure that these ladies are appropriately compensated they really should seek expert advice from specialist clinical negligence solicitors. "

To see the full article go to: dailymail.co.uk

People exposed to asbestos thwarted further in their fight for compensation

Many individuals have been affected, directly or indirectly, by asbestos exposure. Between 3,000 to 4,000 people die in the UK of asbestos related diseases each year. Asbestos related deaths are set to rise with a potential peak in 2020 of 20,000 deaths. Most people suffering from asbestos related disease have developed their condition as a result of negligent exposure to asbestos on the part of their employers.

In this day and age of the so called "compensation culture" individuals have seen their rights to claim compensation reduced on all fronts. In October 2007, the Courts found that an individual suffering from pleural plaques (scarring on the lungs due to exposure to asbestos) did not constitute an actionable or compensatable claim for damages.

Prior to that date people were able to bring claims for compensation for pleural plaques since the 1980s.

Now insurers are seeking to avoid their liability by declining cover leaving policyholder clients facing massive bills for potential claimants going back decades.

The core issue is whether an employer's liability policy should be indemnified at the point of exposure or when the illness manifests itself. PricewaterhouseCoopers estimated that the total UK asbestos liabilities may be in the region of between £7 billion - £18 billion.

People already face difficulty when they cannot trace the relevant insurance companies for now defunct employers.

However, the Court of Appeal has decided that insurance cover has to be in place when the disease manifests itself and not at the point of exposure. For many people this will mean they will go uncompensated because, when they are diagnosed their Employer may have ceased trading and there may be no insurance in place. It really will be a compensation lottery.

For further information please contact Juliette Clarke, partner on 01752 675077, email juliette.clarke@footanstey.com or visit our specialist website www.footansteyinjury.com

Published 20/10/2010. The author of this article is Juliette Clarke

Firm fined after employee hit by three-tonne steel tank

A work related injury, consisting of multiple fractures throughout the body and a head injury were caused by a process tank weighing three tonnes falling on an employee.

The tank was being lifted by a crane and a temporary lifting bracket welded onto the tank. The lifting bracket came off the tank, which then fell onto the employee.

The HSE investigated and the steel manufacturing firm involved was fined £15,000.

Juliette Clarke of Foot Anstey says “it is the employer’s responsibility to ensure that safety at work is paramount. They have a duty to ensure that all lifts are carried out in the correct way, planned and supervised properly, all too often this is not the case”

For full story go to: hse.gov.uk

Costs Seminar held by Nick Bacon QC

This successful seminar took place on 5 May 2010 with attendees from various firms across the region.

Nick provided the delegates with his assessment of the recent Jackson review and the impact this may have on costs in the future. This was particularly aimed at the impact on Personal Injury and Clinical Negligence practitioners and the impact of the Review on their practice areas.

Nick also discussed issues with ATE premiums, retrospective CFA's, discounted CFA's, assignment of CFA's, interest on costs and costs capping.

To see a copy of the seminar presentation please click here.

Lawyers Hold Mental Capacity Act Conference

South West law firm Foot Anstey will be holding a specialised conference for anyone who is involved in the affairs of individuals without mental capacity.

The seminar is designed to update charity trustees, senior staff and sector professionals on developments in some key areas. Those who would like to attend the event, being held on Wednesday 19 May in Plymouth, will be able to listen to speakers from across the care sector in the South West. These include Denzil Lush the Senior Judge at the Court of Protection, Jonathan Nash, a Solicitor for Newcastle City Council, Beverley Taylor a Senior Healthcare and Welfare Lawyer at the Office of the Official Solicitor, Robert Sherman a Barrister at Lamb Building and Andrew Hannam, Partner at Foot Anstey Solicitors.

Andrew Hannam said; "This is an opportunity to hear from professionals involved at the very highest level with the most recent developments in this fast evolving area of law. We are delighted to have attracted such high calibre speakers to Plymouth and are sure that anyone with an interest in working with individuals who, for whatever reason, have lost capacity will find the day of interest and value."

In addition to the main seminar, a session will be dedicated to the issue of funding the continuing care of individuals. Legal and care professionals from local authorities, health professionals, advisers from the not-for-profit sector and solicitors in private practice will find the course provides essential guidance in this developing area of law.

The charge for the day's seminar will be £75 per delegate and £35 per delegate for members of Footlink and those from the voluntary/charitable sector.

Derriford Heart Doctor In Misconduct Probe

It has been reported that Dr Motwani, former Consultant Cardiologist at Derriford Hospital, will appear before the General Medical Council's Fitness to Practice Panel between 14 June 2010 and 23 November 2010.

Following an internal hospital audit, concerns arose in relation to the care that Dr Motwani, a pioneering heart surgeon, provided his patients. It is reported that a number of deaths may have occurred as a result of these concerns.

Whilst the hospital should be commended for undertaking such a thorough review, it is possible that many more cases of substandard care may be identified in due course.

Foot Anstey, who have the largest specialist clinical negligence team in the South West, have already been contacted by a number of patients, or families of deceased patients, of Dr Motwani and investigations into possible claims are commencing.

Robert Antrobus, partner and head of Foot Anstey's clinical negligence team, said "It is always a worry to families when stories break relating to the care provided by a respected surgeon. It should be understood that the review has highlighted only a small number of cases, with the hospital's Medical Director saying that the vast majority of Dr Motwani's work has not raised concern.

"That said, should any patients, or their families, have any worries in relation to the care that has been received they should seek expert legal advice".

Commenting on the case of Valerie Burns whose son, Jason Burns, was contacted by Derriford Hospital following the review, Robert Antrobus said "This family were referred to us as we have dealt with a number of serious medical claims in the past.

"Cases such as this are complex but we will use our experience to work with all parties, including the hospital who clearly have a robust system in place for uncovering possible breaches of care, to establish the facts surrounding the death of their mother and bring to an end their uncertainty."

Anyone who has any anxieties should contact Robert Antrobus at Foot Anstey on 0800 694 0441

Click here for a June update of this misconduct claim

Court Of Appeal Brings Law In To Line With Advances In Medical Science

The Court of Appeal gave judgment this week in a ground breaking case relating to the ownership of sperm samples. The case was of sufficient interest for both the Lord Chief Justice and the Master of the Rolls, two of the country's most senior judges to sit in judgment. Their findings could have implications for the Human Fertilisation and Embryology Bill, the extent to which compensation claims can be made for psychological injury or distress and the definition of property in English law.

The judgment seeks to clarify whether a compensation claim can arise out of the loss or damage to sperm samples and the Court was being asked to overturn a ruling made earlier this year in Exeter County Court.

Our team at Foot Anstey brought the case on behalf of a group of young men who were diagnosed as having cancer in 2002.

The claimants were prescribed chemotherapy treatment, which could have made them infertile, so they opted to store samples of sperm in the hope that on recovery from their illness they would preserve the ability to start a family. The defendant Trust allowed the samples to thaw, denying the men the chance to use them in future

The impact on each man varied significantly, from mild psychological distress to significant psychological injury and in some cases, the inability to father children, although fortunately some members of this group regained their fertility. The issues at stake in these cases are potentially life changing and the effect on individuals should not be overlooked nor underestimated.

The judgement also impacted on other cases involving similar incidents at other hospitals in Sheffield and Edinburgh, in respect of which Foot Anstey also acts.

Unfortunately the Human Fertilisation and Embryology Bill which recently passed through Parliament does not address the issue of ownership of sperm samples and so the only way to clarify the law was to take this case to the Court of Appeal.

It is perhaps a "prequel" to the case of Natalie Evans which came before the European Court of Human Rights in 2007 where Miss Evans started IVF treatment before splitting up with her partner who subsequently withdrew his consent for use of the embryos for IVF. In that case rights but not ownership issues were considered.

A case relating to the destruction of sperm samples had never previously been brought before the courts and it was important to clarify the legal position so that there is certainty as to ownership and clarity as to the responsibility of hospitals which store sperm samples in future.

The finding by the court that live tissue stored away from the body cannot, if damaged, give rise to a claim for personal injury is disappointing. Although the Court recognised the validity of the arguments raised by the claimants. The Lord Chief Justice expressed the view that to extend the definition of a personal injury in this area would give rise to "uncomfortable anomalies".

However the finding that a sperm sample is the property of the donor is a significant extension of the law of property. The Court rejected the argument that it was bound by law stretching back over 400 years relating to a corpse or body part being incapable of ownership.

The Court of Appeal went further, making it clear that the claimants are entitled to compensation for the distress or psychiatric injury suffered as result of the loss of the samples, on the basis that the hospital had undertaken to place the samples in safe keeping and were in breach of that duty. This is a further extension of the limited circumstances in which such claims may arise.

The Lord Chief Justice clearly indicated the Court's unease at the prospect of a man losing something as valuable as the key to a family life, without any legal remedy. Their Lordship's willingness to grasp such a controversial issue and bring the law up to date with the fast moving world of scientific and medical research is a credit to them and the flexibility of English Common Law. Whilst Parliament struggled with the passage of the Human Embryo and Fertilisation Bill for years, the judiciary have shown them the way forward by taking decisive action.

One side effect of the decision is that the time for making a claim resulting from the loss of property is 6 years not the 3 years applicable to an injury claim. Thus any men who lost samples in the Bristol incident in June 2003 still have time to bring a claim provided they act now. Foot Anstey have a team ready to assist anyone who has suffered as a result of this or similar tragic incidents.

These cases are not yet over for the men involved. The Court of Appeal was only asked to decide principles of law and unless the Defendant Health Trust is now prepared to reach settlement, the fight for compensation for each individual according to his circumstances goes on.

Chris Thorne is acting for similar cases in Edinburgh and Sheffield and can be contacted on 0800 694 0441.

Published 05/02/2009. The author of this article is Chris Thorne