Accountability for mistakes and the government proposals for fixed costs for civil claims. I read about the collapse of the criminal case against a NHS Trust involving the tragic death of teacher Frances Cappuccini last week with great sadness for her partner and family. However there is another aspect to consider, namely whether criminal prosecution […]
The Conservative Government is proposing to impose a fixed costs regime for all medical claims worth up to £100,000. This has been announced without any proper consultation or analysis of the likely effects on injured patients. Such a move will inevitably lead to a situation where Defendants are encouraged to deny allegations of negligence, leaving […]
The National Health Service (NHS) was created out of the ideal that a good standard of healthcare should be freely available to all, regardless of wealth. When the then Minister of Health, Aneurin Bevan launched the NHS it was based on three core principles: That it meet the needs of everyone That it be free […]
The Parliamentary and Health Service Ombudsman (“PHSO”) is a body set up by Parliament to investigate complaints that have not been resolved by the NHS in England and UK government departments and other UK public organisations. It estimates that complaints about potentially avoidable deaths make up around 20% of the NHS complaints that it investigates. Earlier this month […]
In personal injury cases, a defendant is normally considered to have been negligent if they failed to do something that a reasonable person would have done, or did something that a reasonably prudent person would not have done. In medical negligence cases, the question depends on what a reasonable person with the specialist skills of […]
A motorcyclist who suffered devastating head injuries when he collided with a plough on a country road will receive a substantial sum in compensation to assist with the lifetime of care he will need. The man was overtaking a line of stationary traffic when he collided with the plough, which was protruding from the rear […]