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The Clinical Negligence Pre-Action Protocol

All clinical negligence claims are encouraged to follow this protocol which is described as a code of good practice.

The stated general aims of the protocol are –

  • to maintain/restore the patient/healthcare provider relationship;
  • to resolve as many disputes as possible without litigation.

The specific objectives are –

Openness

  • To encourage early communication of the perceived problem between patients and healthcare providers;
  • to encourage patients to voice any concerns or dissatisfaction with their treatment as soon as practicable;
  • to encourage healthcare providers to develop systems of early reporting and investigation for serious adverse treatment outcomes and to provide full and prompt explanations to dissatisfied patients;
  • to ensure that sufficient information is disclosed by both parties to enable each to understand the other’s perspective and case, and to encourage early resolution;

Timeliness

  • to provide an early opportunity for healthcare providers to identify cases where an investigation is required and to carry out that investigation promptly;
  • to encourage primary and private healthcare providers to involve their defence organisations or insurers at an early stage;
  • to ensure that all relevant medical records are provided to patients or their appointed representatives on request, to a realistic timetable by any healthcare provider;
  • to ensure that relevant records which are not in healthcare providers’ possession are made available to them by patients and their advisers at an appropriate stage;
  • where a resolution is not achievable to lay the ground to enable litigation to proceed on a reasonable timetable, at a reasonable and proportionate cost and to limit the matters in contention;
  • to discourage the prolonged pursuit of unmeritorious claims and the prolonged defence of meritorious claims.
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Medical negligence – death caused by wrong hospital

£30,000.00 compensation secured for family of man who was admitted to the wrong hospital

When you specifically ask your GP or, in this case, the Out of Hours Doctor, what best to do while you are temporarily away to tend to an ailing relative elsewhere, and when you already have someone at home who needs to have an eye kept on him since he is recovering from a medical condition himself, you are entitled to rely on the advice that you receive from that Doctor. Read more

Shoulder injury at work and laceration to eye

£4,910.00 compensation obtained.

Our unfortunate client in this case, Mr P, a Sales Advisor at a DIY Store, was injured while at work in July 2010. He was assisting a colleague unloading paving slabs from a delivery van. His colleague was using a tower lift machine to lift the pallets when the tower lift tipped forward causing the pallet to fall on to Mr P. Read more

Huge changes to no win no fee claims from 1st April 2013

If only it were a joke and all would go back to normal at midday…unfortunately not for the innocent victims of negligence!!

I bet you are all sick and tired of hearing ‘no win no fee’…well after April 1st it will be a phrase of the past.

The government, in their bid to please the ‘oh so poor hard done by insurance companies’ have decided to take away many peoples access to justice, potentially allowing hundreds of employers, business owners and so forth, to enjoy negligent practices, flaunt health and safety regulations and allow people to become injured, without fear of being affected in the only way they will listen to…their pockets! Read more

Come 1st April the Government is making fools of us all

April 1st has always been known as the time for the Daily Express to publish the first pictures of the Yeti, or little green men arriving in Cleethorpes, or a donkey that has given birth to a tigerdonk.

You get the general gist.

In every such case, a bit of fun and merriment to put a smile on the face of most, and embarrass a naïve, gullible, easily led few. Read more

Accident involving a minor

Until a person reaches the age of 18, they are considered, by the law, to be a child and therefore are unable to commence proceedings on their own behalf.

As such, a long time ago, the law developed a facility whereby a parent, or guardian, can take responsibility of the claim and act on behalf of the child as, what is called, a Litigation Friend. Read more

Cosmetic surgery related complaints and problems rising

We are not surprised to read the latest statistical research from BAAPS, the British Association of Aesthetic Plastic Surgeons, that in the last 3 years there has been a 100% rise, or doubling, of the referrals to plastic surgeons to advise, treat, or otherwise rectify problems caused by the use of permanent cosmetic fillers, with the increase relating to temporary fillers higher still. Read more

Parked van hit by lorry from behind

The Claimant approached Lloyd Green Solicitors, having been involved in a road traffic accident whilst in the middle of a house move.  Our client was utilizing a hire van to move home on the date of the accident and had simply parked up in a service area, when the third party vehicle, a large truck/trailer with a container on the back, hit our client’s vehicle with a fair amount of force. Read more

Crushed thumb injury at work

Unfortunately, heroes suffer injuries too.

In this claim, our client, Mr J, was working as a fire fighter with colleagues and was in the process of cutting a casualty out of a vehicle which had been badly damaged in a road traffic accident.

On a bright Monday morning, in July 2010, Mr J was holding a protection shield over his casualty, so that his colleague could remove the doors and roof of the casualty’s vehicle, in order to remove her safely so that she could receive medical attention.  Unexpectedly, an airbag exploded from the casualty’s chair and hit the board Mr J was holding, crushing Mr J’s hand. Read more