Issue 27
June 2007

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.

CASE IN THE NEWS

One of our clients, a Ms Karen Manning (who was then aged 45) was admitted to the Horton Hospital in Banbury on the 29 July 2003 for a routine hysterectomy. Due to bleeding, a laparotomy and a left salpingo-oophorectomy were required.
After her discharge from the hospital, she developed post-operative complications caused by damage to her bowel which in turn caused a recto-vaginal fistula and she then underwent a colostomy at this hospital on the 12 August 2003.

The Hospital Trust accepted that the fistula and colostomy were caused by sub-standard care which she received from their staff during the operation on the 29 July 2003.

She was then transferred to the John Radcliffe Hospital in Oxford and her new consultant attempted to close the recto-vaginal fistula and to repair her small bowel. The fistula operation was successful but not the bowel surgery. Further attempts to repair the bowel were made on the 13 April 2005 and the 12 May 2006 but sadly were unsuccessful. She has now been left with a permanent colostomy.

The effect of this treatment on Ms Manning’s life has been catastrophic. Prior to her admission she was a happy and active person. She now suffers major incontinence which dominates and preoccupies her life. She is depressed and humiliated by her present condition. She has been unable to work since 2003. Her social life and interests have been severely curtailed.

Not surprisingly, Ms Manning recovered substantial damages for her injury. The good news is that her partner has stood by her during this difficult time and they are planning to get married in summer 2007. Everyone at S J Edney Solicitors wishes them both all the best for the future.

To view TV coverage of Karen Manning's case please click on this link

Interesting statistics…………………….

Maternity services – an NPSA study showed over £2 billion has been claimed for clinical negligence on behalf of mothers for maternity errors.According to the study, 18,000 women have suffered personal injuries as a result of being in maternity care in the last four years. Sadly, 246 patients died during childbirth.The study relates to instances between November 2003 and June 2006. In 2006 the Government spent £1.8 billion on maternity services.These findings come at the same time as a survey of new mothers who have all recently given birth in UK hospitals found that despite official guidelines, a fifth did not have a midwife or doctor with them throughout the delivery. The survey was undertaken by the National Perinatal and Epidemiology Unit in Oxford that surveyed 5,000 women and illustrated the growing dissatisfaction and concern regarding ante–natal and post–natal care.

Surgical instruments left inside patients – 283 claims have been made against NHS Trusts after surgical instruments or other foreign bodies were left inside patients following surgery. The Health Service has paid over £4 million in compensation for such cases.

SOME GOOD NEWS FOR CLAIMANTS

At the recent APIL Conference in Cardiff, the Lord Chancellor announced that the Government intended to keep the small claims limit for personal injury claims at £1,000.00. APIL deserved to be congratulated as over the last couple of years they have worked extremely hard to provide statistics that demonstrate why the small claims limit should remain at this figure.

It is inevitable, however, that some changes to the personal injury claims process will be introduced during the next 18 months or so. These include changes to the fixed time periods given to insurers to respond to liability, negotiate quantum and to conclude their investigations. It is also proposed that there should be fixed recoverable costs for different stages of the claim and at what point it would be appropriate to take out an After the Event (ATE) insurance policy. The fast track limit is also likely to be increased to £25,000.00.

An Insurer will now have a set period of time in which to investigate a claim, following which, they need to advise whether liability is admitted or denied. Rehabilitation will now be at the forefront of the claims process. Every effort should be made to ensure that the Claimant returns to normal life as quickly as possible after their accident. It is also proposed that as soon as the Insurer admits liability, this will be binding, except in cases of fraud.

Once there has been an admission of liability, it is proposed that the Claimant’s solicitor will obtain a medical report and an offer will be made depending, of course, on the prognosis.

S J Edney welcomes all these changes and any proposals that will speed up the claims process and keep costs down. It is good to see that the small claims limit will remain at £1,000.00 and this should ensure that Claimants will continue to have access to justice although we are a little sceptical as to whether insurers will be able to adhere to the new timetable for responding to a notification of a claim. This has not been the case with the timetable already laid down following the Woolf Reforms.

REGULATION OF CLAIMS MANGEMENT BUSINESSES

Other good news to report in this issue is that Claims Management Regulation has been fully in force since the 23 April 2007 when it became an offence to offer claims management services without the authorisation of the Secretary of State for Justice. A special unit has been opened to process applications for authorisation and more importantly to provide a monitoring and compliance role. It is hoped that this legislation will protect future Claimants by clamping down on ambulance chasers and those unscrupulous cowboy claims management companies who have done such harm to the personal injury claims process.

Love thy fellow motorist ……….

At S J Edney we welcome any new law or regulation from the Government or the EC which will improve the health and safety of employees at work or patients in hospital or people generally and we are particularly pleased to see that the Vatican have recently given some guidelines which may reduce road accidents and incidents of road rage.

A list of rules (or commandments) for the highway will be found in a 58 page Vatican document entitled “Guidelines for Pastoral Care of the Road” which we list below:-

1. You shall not kill The road shall be for you a means of communion between people and not of mortal harm Courtesy, uprightness and prudence will help you to deal with unforeseen events Be charitable and help your neighbour in need, especially victims of accidents Cars shall not be for you an expression of power and domination or an occasion for sin Charitably convince the young and not-so-young not to drive when they are not in a fit condition Support the families of accident victims Bring guilty motorists and their victims together so they can experience forgiveness On the road, protect the more vulnerable party
2. Feel responsible towards others

Road users beware especially those who are Catholic. Bad driving will not only be subject to penalty points or a fine but you are now likely to incur the wrath of God!!

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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