Issue 21
December 2005

S.J. Edney solicitors were established in 1996 and are a niche Clinical Negligence and Personal Injury Practice. Seamus Edney is a member of the Action against Victims of Medical Accidents Solicitors Panel, the Law Society’s Clinical Negligence Panel and the Law Society’s Personal Injury Panel. The firm holds a Legal Aid Franchise in Clinical Negligence.

As a firm we are committed to acting for victims of accidents and Seamus Edney has 20 years experience of Clinical Negligence and Personal Injury work.

 

S J EDNEY SOLICITORS WISH THEIR READERS A HAPPY CHRISTMAS AND A PROSPEROUS NEW YEAR

 

WHAT WE HAVE ACHIEVED FOR OUR CLIENTS DURING 2005

Some of the settlements which we concluded for our clients during 2005 include the following:-

One of our clients worked at Honda’s Car Factory in Swindon. He was instructed by his employer to carry some car panels down some stairs. As he was attempting to do so, he dropped one of the panels, which cut his right forearm and damaged a nerve. This injury led to a loss of function in his right hand which sadly will be a permanent problem. He was however still able to work. The insurers of Honda initially argued that the client was 50% to blame for the accident but after negotiations they agreed to indemnify him in full. £55,000.00

In what must be one of the most unusual accidents which we have come across, one of our clients, was helping a friend to promote a 6ft plastic ball which carried up to two people inside it. The ball rolled over whilst in motion. Unfortunately, our client was accidentally knocked over by this ball and suffered a number of fractures and had to give up his job and re-train doing something less physical. Proceedings had to be issued in this case and it settled shortly before Trial. £167,500.00

In another case, our client was travelling as a front seat passenger in her husband’s motor car. They were both pensioners but her husband had a part –time job. There was a head on collision between their vehicle and a lorry and sadly her husband was killed. We represented our client at the Inquest and we issued proceedings as the insurers of the lorry driver delayed in settling the claim. The case eventually settled. £70,000.00

Our client was packing fan covers into a large box at work when they collapsed crushing her left hand. She developed post traumatic carpal tunnel syndrome which in turn triggered a complex regional pain disorder. She had to give up work and re-train to work in an office. Proceedings were issued and the case settled shortly before Trial. £50,000.00

Another client consulted his GP complaining of pain and discomfort in his leg. His GP attributed his complaint to a muscular-skeletal injury. Sadly, he didn’t suspect that he had an infection and as there was a delay in our client being referred to hospital, the infection spread throughout his leg and he required additional surgery and his mobility was more impaired than it should have been. Proceedings had to be issued and this case settled shortly before Trial. 62,500.00

Our client regularly attended hospital throughout 2002 complaining of chest infections. Her right lung was scanned and she was reassured that she only had a cyst and there nothing for her to worry about. Her health continued to deteriorate and she was re-scanned by the hospital in early 2004 when on this occasion they diagnosed lung cancer. This should have been spotted in 2002. She had to be admitted as an emergency to have the tumour removed but the delay in diagnosis by some 12 months sadly worsened the long term outcome for her. Proceedings had to be issued and this case was eventually settled. £72,500.00

At the other extreme, we acted for a client who had an unhappy experience whilst visiting his hairdresser. The Stylist accidentally nipped his hear whilst cutting his hair. This was very painful at the time but it has left him with no long term damage. £1,530.00

These are just a few of the many cases which we have concluded for our clients during 2005. 2006 also promises to be a very busy year for us.

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Patients ask for second opinion over NHS complaints

A third of all complaints made by patients against the National Health Service are having to be sent back because hospitals are failing to deal with them properly.

Figures released on the 31 October 2005 by the Healthcare Commission reveal that the number of people demanding an independent review of their NHS complaint has more than doubled in a year, after inadequate action by Hospital Trusts.

The Commission, which handles complaints that local Trusts fail to resolve, said that it had received more than 8,000 requests in the 12 months to August from people who are wanting their matter to be reviewed independently.

This compared with 3,700 requests in 2003-04, when the health service was responsible for dealing with the second stage of the complaints process itself.

The Commission is now urging the NHS to improve its dealings with dissatisfied patients by resolving more cases at a local level. It also said that Trusts needed to provide vital information to the commission more promptly. Fewer than 10 per cent were found to provide annual complaints reports to the Commission, as they are required to do by statute.

The Healthcare Commission is currently sending one in three cases back to the NHS because it has not dealt with the issue well enough. This figure increased from 27 per cent of complaints at the end of May to 32 per cent by the end of September.

 

NHS ACCIDENTS ‘KILL 30,000 A YEAR’

At least 500,000 accidents in NHS hospitals could be avoided every year, and it would save £1 billion, says the public spending watchdog.

The National Audit Office says that one in ten patients suffer an adverse event in hospital, ranging from a fall to a fatal error involving drugs or surgery. The report says that more than 2,000 people died as a result of hospital errors or accidents in 2004-2005, but it adds that there is significant underreporting of deaths and that the figure could be as high as 34,000. The NAO criticises the National Patient Safety Association, set up in 2001, for failing to establish reporting and monitoring systems quickly enough and for not sharing lessons learnt across the NHS.

In 2004-05 about 980,000 patient accidents happened, costing hospitals £2 billion in extra days spent in hospital and an additional £423 million in litigation costs. The NAO believes that at least half of these accidents could have been avoided if lessons from previous incidents were learnt. A further 300,000 incidents of hospital-acquired infections happen every year, costing the NHS £1 billion, the report says. The NAO survey of 256 hospital, ambulance and mental health trusts indicates that 69 per cent of trusts had staff guidelines, but only 24 per cent told patients whether they had been involved in a reported incident.

Although all trusts had reporting systems, an estimated 22 per cent of incidents went unreported, mainly medication errors and incidents leading to serious harm, the NAO says.

 

COMPENSATION BILL AND NHS REDRESS BILL

It is almost unheard of for two Government bills – both of which could have a major impact on injured people – to be going through Parliament at the same time.

Slightly ahead of the Compensation Bill, the NHS Redress Bill, has now completed its committee stage in the House of Lords and will return for the report stage before moving to the Commons. The NHS Redress Bill provides an outline framework for the introduction of a new scheme to improve the system for handling clinical negligence claims.

Key elements of the NHS Redress Bill include:-

• provision for patients to receive redress in the form of care
• as an alternative to litigation, patients to be offered compensation up to a limit of £20,000.00
• a more pro-active approach to clinical negligence, with the onus no longer on the patient to initiate a claim. All scheme members will be required to review adverse incidents and trigger the scheme themselves, where appropriate.

According to the Government the aim of the scheme is not to cut costs but to ensure NHS money goes directly on benefiting the patient with less spent on litigation and legal costs.

The NHS Litigation Authority (NHSLA) will be responsible for overseeing the scheme and managing the financial compensation. Scheme members will be required to report all cases which may fall within the Scheme to the NHSLA. The NHSLA will then determine liability and, if appropriate, the level of compensation. If financial compensation is not appropriate, the patient will have the right to receive an investigation, explanation, apology and if appropriate, remedial care.

The NHS Redress Bill is the product of an earlier 2001 Government White Paper entitled “Making Amends”. It is expected to come into force either during 2007 or 2008.

The Compensation Bill is designed to tackle (what Ministers say) is a damaging compensation culture and includes regulation of Claims Management companies and restricting hard sell tactics which encourage spurious claims. It also includes a “negligence clause” preventing people suing for any unforeseeable mishap.

STOP PRESS

THIS WEEK, THE HOUSE OF COMMONS CONSTITUTIONAL AFFAIRS SELECT COMMITTEE PUBLISHED A REPORT WHICH RECOMMENDED THAT THE LIMIT FOR THE SMALL CLAIMS COURT FOR PERSONAL INJURY CASES SHOULD BE INCREASED TO £2,500.00 FROM ITS EXISTING £1,000.00 LIMIT.

THE GOVERNMENT HAS ALSO ISSUED A CONSULTATION PAPER ON CRIMINAL INJURIES COMPENSATION. THE PROPOSAL IS TO ABOLISH COMPENSATION PAYMENTS FOR LOW VALUE CRIMINAL INJURY CASES. MORE MONEY WOULD BE AVAILABLE FOR THE MORE SERIOUSLY INJURED VICTIMS OF VIOLENCE.

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This newsletter was produced by S J Edney Solicitors, at Alexander House, 19 Fleming Way, Swindon, Wiltshire. SN1 2NG - e-mail office@sjedney.co.uk
Telephone 01793 600721