Professional Negligence Solicitors

Professional negligence solicitors enable you to recover compensation when you have suffered a loss, an injury or the deterioration of an existing condition due to the negligence of a professional who owed you a duty of care. Solicitors who provide legal representation in professional negligence compensation claims will engage the services of experts in their field to support your claim for professional negligence and ensure you receive the maximum settlement of professional negligence compensation. For specific legal advice about compensation claims for professional negligence, call and speak directly with a professional negligence solicitor.

Negligence Claims Involving NHS Leading to Concern

Posted on: January 17th, 2013

The Chief Executive of the Medical Defence Union has highlighted fears that settlements of NHS medical negligence claims are reaching out of control levels and becoming unsustainable.

Talking on the BBC´s “Today” program, Christine Tomkins stated that the worth of compensation claims against the NHS being presently being settled is increasing faster than society´s ability to meet th cost of them. “Money is pouring out of the NHS to set up one-patient institutions” she stated “when it could be retained in the NHS.”

In her statement Ms Tomkins said that legislation first drafted in 1948 – the Law Reform (Personal Injuries) Act – does not account got care provision available from the NHS for those who sustain a catastrophic injury and settlements of medical negligence claims against the NHS are therefore estimated on how much it would cost to provide care for the injured victim on a private basis.

On the TV program, she used the example of the case of Charlie Scott, who was diagnosed with spastic quadriplegic hemiplegic atheloid cerebral palsy after suffering brain damaged during birth, and whose mother recently was successful in her 14-year legal contest with the Royal Bournemouth and Christchurch Hospitals NHS Trust.

The medical negligence at birth compensation settlement of £7.1 million, Ms Tomkins alleged, would be much lower if those calculating the value of compensation in NHS negligence claims could take in to account the care available on the NHS. Ms Tomkins said that the NHS Litigation Authority has periodic payment liabilities of £18bn – enough to pay the yearly running costs of a dozen large hospitals used for teaching purposes.

Charlie Scott´s mother, Clare, was also asked to speak on the radio program. She recognised that some of the care and equipment from which Charlie will now find benefit could be provided by the NHS, but she advised presenter Justin Webb that Charlie will not have to wait for social services assessments any longer before being provided with the care he requires. Mrs Scott went on to say that the size and structure of the compensation settlement enables the security of 24-hour care for her son when she, or the NHS, would not be able to provide it.

Claims for Refunds of Mis-Sold Interest Rate Swaps to Companies Extended to More Banks

Posted on: July 27th, 2012

Following the announcement at the beginning of July that claims for refunds of mis-sold interest rate swaps could be made against four of the UK´s largest high street lenders, seven more banks have been added to the list of financial institutions guilty of mis-selling IRSAs.

The Allied Irish Bank, Bank of Ireland, Clydesdale and Yorkshire banks, Co-Operative Bank, Northern Bank and Santander UK have agreed to review sales of the interest rate swap agreements (IRSAs) that were sold to small business clients as insurance against rising interest rates.

At the beginning of the month Barclays, HSBC, Lloyds and the Royal Bank of Scotland admitted selling billions of pounds worth of IRSAs to small and medium sized business after being investigated by the Financial Services Authority (FSA).

The FSA introduced a rate swap mis-selling compensation scheme at the time, and estimated that up to 28,000 claims for refunds of mis-sold interest rate swaps to companies were likely. Following the agreement of the seven new banks to conduct a “redress exercise and past business review”, the FSA´s estimate has been revised to 40,000.

Analysts have predicted that many borrowers are unaware that they may be entitled to compensation for mis-sold interest rate swaps to companies and have criticised the process under which the banks will be conducting their review, calculating a “reasonable” compensation settlement and informing their customers.

They say that, due to no time period being implemented for the banks´ reviews to be concluded, many business clients will have no option other to accept what the bank is offering them in the form of compensation. This is because a six year limitation period exists within which time claims for refunds of mis-sold interest rate swaps to companies can be made through legal action and the FSA believes that the majority of mis-sold IRSAs occurred between 2005 and 2008.

Rate Swap Mis-Selling Compensation Scheme Introduced by Financial Services Authority

Posted on: July 2nd, 2012

A rate swap mis-selling compensation scheme has been introduced by the Financial Services Authority (FSA) in an agreement with the four banks who recently admitted to mis-selling Interest Rate Swap Agreements (IRSA) to thousands of small and medium sized businesses.

Lloyds, Barclays, HSBC and the Royal Bank of Scotland have acknowledged that, between them, up to 28,000 policies were mis-sold to small and medium size businesses in the UK as an insurance against interest rates increasing on finance the businesses had taken out with the loan providers.

The FSA discovered that many of these policies were mis-sold due to customers not having the terms and conditions explained to them, not being advised that substantial exits costs were involved if the business wanted to withdraw from the agreement or that the rate swap agreements were sold as a condition of a loan being granted or extended.

In some cases of mis-selling, it was found that some IRSAs were for longer terms and higher amounts than the finance that was being provided and that clauses were written into contracts which allowed the banks to withdraw from the insurance policy if they suffered financially, but the same courtesy was not extended to the business.

The rate swap mis-selling compensation scheme will be funded by the banks, who have been told to conduct a “redress exercise and past business review” and contact any business that may be entitled to compensation for the mis-selling of an IRSA.

The total amount of compensation businesses may be entitled to claim because of the banks´ illegal practices could exceed 6 billion pounds, and banks have been instructed not to continue selling IRSAs or foreclose on affected businesses in anything other than “exceptional circumstances”.

Injury Claim for Slip on Cruise Ship

Posted on: April 20th, 2012

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in a compensation claim for a slip injury on a cruise ship.

Denise Kaba from Florida was journeying on a cruise on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been coated with a resin that made it hard and slippery when wet.

As a result of her fall and slip, Denise experienced a broken patella and had to undergo surgery six times to enable it to heal properly. It was also claimed in her legal action at the U.S. District Court that she may yet have to have total knee replacements.

Denise’s legal representatives claimed that Carnival were aware of previous injuries linked with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers.

In concurring with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded £1.9m in damages, including more than £138,000 in past medical expenses, nearly £235,000 in future medical fees, just over £107,000 in loss of earning capacity, £126,000 for pain and suffering in the past and nearly £1.24m for future non-economic damages.

Falling Shop Object Results in Compensation

Posted on: December 1st, 2011

A falling shop object in a shop has resulted in a €25,000 compensation award in the Circuit Civil Court.

Breeda Redican was injured in July 2009 when a tin of paint fell on her foot from a shelf at the Homebase store in Santry, County Dublin. The accident occurred when Redican requested help finding a specific type of paint from a sales assistant. The assistant pointed out the location of the paint but simply stood beside Redican while she attempted to left the can of paint.

Redican was unable to lift the heavy paint tin and it slipped and fell on her right foot.  Redican was wearing flip-flops and required stitching on her toe and she has suffered ongoing reduced mobility in her foot with some pain.

Homebase denied negligence but Judge Jacquline Linnane awarded €25,000 compensation.

Paranoid Personality Disorder Man Awarded 17,300 Pounds at Clinical Malpractice Hearing

Posted on: November 24th, 2011

A Devon man has been awarded a total of 17,300 Pounds in medical malpractice compensation after the unauthorised access of his medical records resulted in the exacerbation of his paranoid personality disorder.

Judge Cotter QC heard how the medical records of Sean Robert Grinyer of Plymouth, Devon, had been access and disclosed by Mr Grinyer´s ex-partner who was, at the time of the offence in December 2007, employed at the hospital as a nurse.

This unauthorised access and disclosure was claimed by Mr Grinyer’s legal team to be in breach of S.13 of the Data Protection Act 1988 and the action by the claimant’s partner, plus an alleged mis-handling of his subsequent complaint, had caused Mr Grinyer’s pre-existing paranoid personality disorder to worsen. It was also alleged in the action against Plymouth Hospital NHS Trust that the deterioration in his condition had also caused Mr Grinyer to reject an offer of temporary employment.

After hearing expert medical opinion in relation to Mr Grinyer´s paranoid personality disorder, Judge Cotter QC ruled that the exacerbation of his condition did indeed constitute an injury and was due to negligence on behalf of the Plymouth Hospital NHS Trust. The judge awarded Mr Grinyer 12,500 Pounds in medical malpractice compensation for the injuries he had sustained plus a further 4,800 Pounds for loss of earnings when unable to accept the offer of employment.

Negligence Compensation Claim Approved for Disabled Teenager

Posted on: October 12th, 2011

A teenage girl, who was left paralysed by a spinal surgeon´s negligence, has had a multi-million pounds medical negligence compensation claim settlement approved by the High Court in London.

Laura May (17) of Chorley, Lancashire, was taken to the Royal Preston Hospital in March 2005 for an operation to correct a curvature of her spine. However, her orthopaedic surgeon – Dr Roger Battersby Smith – failed to use an imaging technique before operating, and negligently misplaced a screw during the operation.

As a result of the doctor’s negligence, Laura lost the use of her limbs and is paralysed from the chest down.

After taking legal advice, Laura´s parents – Bill and Christine May – sued Dr Smith and the Lancashire Teaching Hospitals NHS Foundation Trust for doctor injury compensation and, in 2009, the Royal Court of Justice ruled in favour of Laura and her family.

The High Court in London has now approved an agreed settlement which will comprise of a lump sum payment now and periodic payments throughout Laura´s life. The total compensation award – which is believed to be around 3 million pounds – will provide medical care, specialised accommodation and equipment for Laura, as well as compensating her for future loss of earnings.

1 Million Pounds Heart Surgery Medical Negligence Compensation

Posted on: May 7th, 2011

Two teenagers, who claimed to have suffered disability following heart surgery at the Bristol Royal Infirmary when they were children, have each had heart surgery medical negligence compensation awards of 500,000 pounds approved in the High Court.

The teenagers – Kristian Dixon (19) and Jessica Johnson (18) – were both infants when undergoing heart surgery at the hospital in 1992 and 1993 respectively.  Mr Dixon alleged that brain damage sustained when he was sixteen months caused cognitive and learning difficulties, while Ms Johnson has required permanent care ever since her heart surgery.

It was claimed at the High Court in London that both had sustained extensive brain damage due to professional misconduct by Surgeon Mr James Wisheart and hospital manager Dr John Roylance – who were struck off following a review into the deaths of 29 babies at the hospital between 1988 and 1995 – and Dr Janardan Dhasmana, who was barred from performing heart surgery at a disciplinary hearing in 1999.

In approving the awards, which were agreed by United Bristol Healthcare NHS Trust without admission of liability, Mr Justice Owen commended the families of both teenagers for the devoted care they had given over the years.

Rib Medical Negligence Claim Settled

Posted on: March 10th, 2011

A woman who awoke from surgery to discover her right arm was paralysed, has settled her claim for rib medical negligence against St. James’s Hospital in Dublin.

Martina Coyne (aged 39) of Castlepollard, County Westmeath, had suffered all her life with the congenital abnormality of an extra rib. The rib caused her to suffer pain and discomfort in the right side of her neck and chest and, in August 2000, she was admitted to the hospital to have it removed.

However, on waking from her surgery, Martina discovered that she could not move her right arm while at the same time it was causing her intense pain. It was alleged in the High Court that Martina had pleaded with her doctors to amputate the arm because of the pain she was experiencing.

After investigation, it was argued, that damage had been suffered to the blood vessels supplying blood to Martina’s arm, and corrective surgery was required to repair the damage caused by medical negligence.

Professional Negligence Claim against Barclays

Posted on: January 23rd, 2011

Barclays Bank has admitted mis-selling an investment bond to two elderly pensioners from Lancaster, and now face a professional negligence claim for of 23,000 pounds.

The couple, Bob (73) and Lilian Baldwin of Waddington, Lancashire, were convinced by the bank to put 80,000 pounds of their savings into a bond which was promoted to them by the bank as being a cautious investment. However, the bond was speculative, and its subsequent underperformance lost the couple 14,000 pounds.

Mr Baldwin was forced to take a legal action after several unanswered letters of complaint to Barclays chief executive John Varley, and only after the Baldwins had taken professional advice were Barclays prepared to admit their professional negligence, and offered the Baldwins 23,000 pounds in compensation.

Note – This is just one occurrence of mis-selling by Barclays, who were fined 7.7 million pounds by the Financial Services Authority in January 2011. It is estimated that more than 12,000 clients have been victims of their professional negligence.