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Daniel Green
 

Reflections on Jackson

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Daniel Green's recently published article in The New Law Journal shares his reflections on Lord Justice Jackson’s civil justice costs reforms. Last month the author of the 2013 costs reforms, Lord Justice Jackson (Sir Rupert) retired from the...

Costs legacy of decades-old blunders begins to rise

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An article on the BBC website today reported that the NHS medical blunders dating back more than two decades are still costing millions of pounds a year in compensation. It has been suggested that the figures show just how long some families have to wait...

Making a wrongful birth compensation claim

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Can a mother who consults a doctor about avoiding having a child with a particular disability recover damages when that baby is born with another disability? This is a complex situation in which the claimant, Mrs Meadows, sought damages following the...

A response to the MPS' #StrikingaBalance campaign

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The rising costs of clinical negligence costs – who pays the price? A response to the MPS’ #StrikingaBalance campaign. According to its website the Medical Protection Society (MPS) “is the world’s leading protection organisation...

Duty of Candour

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The Duty of Candour is a legal duty on hospital, community and mental health trusts to inform and apologise to patients if there have been mistakes in their care that have led to significant harm. All NHS provider bodies registered with the CQC have to...

Drowning Prevention Week 2017

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Children are most at risk from accidents in or near water. Around 400 people in the UK die each year from drowning as a result of an accident in or around water. Shockingly, one person drowns every 20 hours in the UK and hundreds more suffer life-changing...

Cerebra ambassadors ready to wow judges again

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Cerebra ambassadors ready to wow judges again on Britain’s Got Talent We will be avidly watching the live semi-finals of Britain’s Got Talent (BGT) tonight to see how Cerebra ambassadors, the Angelicus Celtis Choir, fare as they fight for a...

CQC Deaths Review makes for difficult reading

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The CQC Deaths Review was published earlier today which makes for very difficult reading. The most shocking issue arising is the widespread failure to involve patients’ families in investigations when there has been a death. The CQC’s review...

Crossman v St George's

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Crossman v St George’s Healthcare NHS Trust [2016] and the ‘but for’ test of causation. In the well known House of Lords decision in Chester v Afshar [2004] a surgeon (Mr Afshar) failed to warn his patient, Miss Chester of the small (1-2%)...

Birth injury compensation scheme

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The Health Secretary, Jeremy Hunt, has outlined plans to introduce a voluntary birth injury compensation scheme which would be available to the parents of still born or brain damaged children. At the current time England has one of the worst infant...

Motor accidents abroad in a post-Brexit world

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As we move into Autumn and the holiday season seems like a dim and distant memory the Supreme Court decision in the case of Moreno v MIB has clarified the law regarding UK based Claimants who are injured as a result of an accident whilst visiting another EU...

Tackling concussion in rugby

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It was recently reported that the former Sale Sharks rugby player, Cillian Willis, is suing his former employer for ‘clinical negligence’ having had to retire from the sport at the age of 28 due to the effects of concussion sustained while...

Proportionality - does size matter?

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Prior to 1 st April 2013 it was assumed that any costs which were reasonable in amount and reasonably incurred were recoverable from a successful party’s opponent. Even if the costs were considered to be disproportionate in amount they were still...

The issue of informed patient consent post- Montgomery

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Consenting to what? The issue of informed patient consent post- Montgomery I have previously written about the issue of consent to medical treatment following the Supreme Court Judgment in the case of Montgomery v Lanarkshire Health Board [2015]. ...

Material contribution. An update

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In a recent post I wrote about the potential significance of the Privy Council decision in the case of Williams v Bermuda Hospitals Board insofar as “material contribution” and causation arguments are concerned. The recent High Court decision in...

Widower wins bid for law change

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Widower wins bid for law change at the Supreme Court over compensation for ‘wrongful death’ A widower has won a test case at the Supreme Court to change a law which has led to many dependants of people who have been ‘wrongfully...

'Material contribution' and causation

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Williams v Bermuda Hospitals Board – “material contribution” and causation The facts Mr Williams attended A&E complaining of abdominal pain. A scan was ordered but there was a negligent delay...

Sepsis. What every parent should know.

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The tragic death of 1 year old William Mead highlights the risks of this potentially fatal condition. As William’s mother, Melissa, has said “hardly anyone knows what it is”. However, recognising sepsis in time for treatment can be...

Clinical trials. What are the risks?

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Before any new medicine can be given to patients detailed information about how it works and how safe it is must be collected. Clinical trials are the key to getting that information and without volunteers to take part in the trials there would be no new...

Service of proceedings outside the jurisdiction

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A Defendant may be sued in the Court of England and Wales only if the Court grants permission to serve the proceedings outside the jurisdiction. In this regard, permission will only be granted if the Courts of England and Wales are found to be the most...

APIL/FOIL Serious Injury Guide

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Today marks the official implementation of the APIL/FOIL Guide to the Conduct of Cases Involving Serious Injury which is designed to assist with the conduct of personal injury cases involving complex injuries and specifically cases with a potential value on...

AWD Chase de Vere spinal cord regeneration

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On 28 th September I was invited by AWD Chase de Vere for a behind the scenes look at the progress being made into spinal cord regeneration by Professor Simone de Giovanni and his team at Imperial College, London. Professor di Giovanni started by speaking...

Access to justice in clinical negligence cases ... What access? What justice?

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The Government’s announcement that it plans to introduce a fixed costs regime for clinical negligence claims of up to £250,000 will almost certainly strike the death knell for access to justice for negligently injured patients. It had previously...

Osteomyelitis

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What is it? Osteomyelitis is the medical term for a bone infection, usually caused by bacteria. It most commonly affects the long bones in the legs. What are the symptoms? Symptoms may include a high temperature, bone pain, and swelling, redness...

World Encephalitis Day

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World Encephalitis Day is on 22nd February 2015. Read Dan's blog below to familiarise yourself with the topic to help spread awareness about the condition. What is it? Encephalitis is an inflammation (swelling) of the brain. How...

Neonatal Jaundice

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What is jaundice? Jaundice is one of the most common conditions needing medical attention in newborn babies. Jaundice refers to the yellow colouration of the skin and is caused by a raised level of bilirubin in a baby’s bloodstream. Bilirubin is...

Meningitis Claims

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What is meningitis? Meningitis is an infection of the meninges, the protective membranes that surround the brain and spinal cord. It is usually caused by the germs from a bacterial or viral infection. Viral meningitis can be very unpleasant but it is...

The management of head injuries in A&E departments

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Background Head injury is the most common cause of death and disability in people up to the age of 40. Each year it is thought that almost 1.5 million people go to their local A&E department with a recently sustained head injury. 200,000 are...

Hospital fail to pick up TB meningitis

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This tragic case once again highlights the importance of making sure that Hospitals have in place robust systems and procedures to ensure that the signs of serious and potentially life threatening conditions are recognised as early as possible. There...

Expectations need to be managed around spinal surgery

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The news that a transplant of nerve cells has allowed a man to walk again represents a major breakthrough in the treatment of spinal cord injuries. However, it is right that a degree of caution is exercised as it does not mean that every person with a...

Neo natal infection- Group B Streptococcus

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What is Strep B? Group B Streptococcus, also known as Group B Strep, Strep B or GBS, is one of many bacteria that can be present in our bodies. It usually causes no harm. It’s estimated that about one pregnant woman in five in the UK carries GBS...