The articles here relate to every day family life.
Regional heavyweight law firm, Dutton Gregory, has expanded its Residential Property department with four new members of staff joining the team based in Chandler’s Ford. This latest growth will enable the firm to continue delivering first-class...
Since 1 October 2015 in addition to the paperwork sent to a tenant proving compliance with the deposit registration regulations, Landlords have had to make sure that tenants have received the appropriate energy performance certificate, the government’s...
Prenuptial Agreements are regarded as unromantic, but:- If every couple had one, there would be far fewer disputes about finances and all solicitors would be left twiddling their thumbs. If a Prenuptial Agreement is prepared with the assistance of an...
Separated parents need to be aware of the issue of the law relating to taking their children abroad on holiday, to avoid being accused of child abduction, be refused past check-in or turned away at boarder patrol, if they fail to take the right documents...
When personal injury claimants are awarded a lump sum of compensation payments that include damages for future loss, eg future loss of earnings, the amount they receive is adjusted according to the interest they can expect to earn by investing the...
The Knee – it’s a complex bit of kit. The knee, as you will know, is a hinge joint. This means that it can either be flexed (folded ‘backwards’) or extended. It is a complex joint, as the femur (thigh bone) joins...
Pressure Ulcers – what they are, who is at risk, prevention & treatment. This is a Photo of Maggot Therapy – which is occasionally used to treat serious Pressure Ulcers. Pressure ulcers are an injury that breaks down the skin and...
Complications with the Prostate Glands In males, the urethra is the tube that runs from the bladder to the tip of the penis, carrying urine and at the time of ejaculation, sperm with seminal fluid. The prostate is a small olive-sized structure that...
Medico-Legal Ramifications when Diagnosing or Missing Infection Diagnosing infection is generally straight forward, as one will present with a fever along with relevant physical symptoms. Chest, gut and urinary tract infections are probably...
A hernia occurs when an internal part of the body pushes through a weakness in the muscle or surrounding tissue wall. A hernia usually develops between your chest and hips. In many cases, it causes no or very few symptoms,...
This is a rare disease affecting the eyes, though it can have a profound impact. Essentially it is inflammation of both eyes, following trauma to one eye. It can leave the patient completely blind. Symptoms may develop from days to several years after...
Botox, which has it’s origins in the bacteria, Clostridium Botulinum, is used commercially in medicine, cosmetics (as can be seen in the picture above – where it’s been extensively used), and research. Infection with this type of...
This is a relatively new phenomenon in which a right diagnosis is made but subsequently harm arises. This may seem like an odd concept, though there are times when the impact of treating a condition is less beneficial than not treating it. The first...
S cars are areas of the skin where there is obvious residual appearance of an area of healing to the skin after it has been damaged. In the picture above – you can see a vertical scar to my forehead (in amongst the wrinkles!) – caused...
Local Solicitor offers urgent warning about Government’s ‘risky’ online legal tool Alistair MacFarlane Partner at Dutton Gregory Solicitors, issues warning about the Government’s online tool for Lasting Powers of Attorney...
The Brain Stem (see the diagram above showing it in multi-colours) is responsible for many of the automatic functions of the body, including maintenance of breathing, the heart rate and blood pressure and the ability to swallow. It acts as a relay...
This is an image that the actress Brooke Shields posted of herself on Instagram – following surgery to both hands for Carpal Tunnel Syndrome. Carpal tunnel syndrome (CTS) is a common condition that causes a tingling...
Question : what do Michael Phelps (pictured below), Abraham Lincoln and Osama Bin Laden have in common? Answer : they were all diagnosed with Marfan Syndrome. Marfan syndrome is a genetic disorder that affects the body’s connective...
In two months the Supreme Court will determine the final outcome of an inheritance case which has been ongoing for more than a decade, a decision which is likely to set new legal precedent. The case of Heather Ilott has raised contentious debate over...
Asthma is one of the most common medical conditions, with an estimated five and a half million people in the UK having this condition, i.e. 1 in 10 people. The startling statistic is that every 10 seconds there is a person having a potentially lethal...
Beware the Emergency Department (Part II) Assessment This requires a mental health history including any history of documented social behavioural conditions, conduct disorders, ADHD, psychosis/schizophrenia or autism. In the medical history,...
It can be an incredibly difficult decision to terminate a pregnancy and harder still to follow through on that course. At the very least you would hope for some peace of mind knowing you made the right choice, given the circumstances, for the right reasons. ...
This article will look at the guidance provided on the management of patients who are violent in the setting of an Emergency Department (ED). Most assaults in hospital occur within the ED; the overall reported figures for violent attacks against all...
The Clinical Negligence team at Dutton Gregory has finalised a case against several GPs and nurses; a bittersweet success which sadly came too late for the Claimant who recently passed away. The team at Dutton Gregory were approached following a string...
Bunions (Hallux Valgus) Bunions are quite common, and occur when the big toe pushes towards the adjacent toes, making the joint at the base of the big toe protrude outwards. This joint is the metatarsal to the phalanges (the equivalent joint in the...
Ankylosing spondylitis (AS) is a form of arthritis that mainly affects the spine. It tends to occur in young people, being more common in males. The explorer Christopher Columbus, cricketer Mike Atherton and golfer Ian Woosnam all suffered from AS. ...
This essentially means wear and tear affecting one’s vision as they get older. The macula is an oval-shaped pigmented area near the centre of the retina of the human eye . It has a diameter of around 5mm. The consequence of a...
Owing to the obesity ‘epidemic’ afflicting the UK, Bariatric (“weight loss”) surgery is developing at a pace. Within bariatric surgery are 3 different types of procedures that are commonly used so that the patient can sustain a...
Osteoarthritis (OA) is a common degenerative condition, reflecting wear and tear of a joint, linked to the ageing process. Trauma (for example sport’s injury), obesity or other causes of joint loading will tend to speed up the development of this...
Approximately 1 in 5 pregnancies lead to miscarriage, with over fifty thousand admissions following miscarriage occurring in the UK per year. One in a hundred pregnancies (roughly 2,500 per year) is ectopic: ie. a fertilised egg settles not in the womb, but...
Intestinal Polyps are abnormal growths from the lining of the bowel, occurring mostly in the large bowel (aka large intestine/colon) , although there are some inherited conditions where polyps can be found anywhere in the bowel. The majority do not cause...
A Definition of Clinical Negligence and NHS Indemnity Clinical negligence is defined as: “Professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of...
Cauda Equina (Latin for ‘horse’s tail’) describes the appearance of the nerve roots coming out at the bottom end of the spinal cord. Cauda Equina Syndrome (CES) relates to compression of nerves in the lumbar spine. These nerves if...
The appendix (see picture below) is a largely useless part of the bowel in the human, measuring around 10cm in length in an adult. However, some species of animal cannot be without it - for example the rabbit - as the grass that a rabbit eats needs...
You may be aware that there are a number of ways to close wounds. These include: Skin staples Stitches (also called sutures) Strips of paper with small grips to bring the wound together (e.g. steristrips) Specialised glue Gunpowder from a bullet...
Secondary victim = someone who witnesses an accident which results in there being an injury, or fear of injury, to the primary victim. Consequently the secondary victim suffers nervous shock (psychological injury). Because of the potential for...
Firstly, a quick biology lesson/reminder: Arteries generally carry oxygenated blood from the heart to the body, and veins carry the de-oxygenated blood from the various parts of the body back to the heart. The muscles of the heart receive their own...
Carol Maunder, Partner and Head of the Clinical Negligence Department, acted as the Solicitor for the claimant on the case outlined below (Relfe v Hywel Dda Local Health Board). The facts In December 2010, the claimant was involved in a car accident. She...
The literal translation of Microcephaly is ‘small headedness’. Infants with Microcephaly are born with either a normal or reduced head size. Subsequently, the head fails to grow, while the face continues to develop at a normal rate,...
The recent Supreme Court decision in the case of Knauer –v- Ministry of Justice (MoJ) has been welcomed by clinical negligence and personal injury lawyers alike. It means that claimants will now be better off when it comes to assessing their...
Hypoxia occurs when there is a deficiency in the amount of oxygen in the body. It can be throughout the body or in a localised area. Anoxia is where there is no oxygen at all. Hypoxia can occur for a number of reasons, including breathing in air...
Click here to read Part 1 of this article. In the following fictitious example, a Mr Gregory Dutton died at the age of 48 from testicular cancer. His GP was found to have been clinically negligent for failing to timeously refer Mr Dutton to an oncologist,...
In the following fictitious example, a Mr Gregory Dutton died at the age of 48 from testicular cancer. His GP was found to have been clinically negligent for continuously failing to refer Mr Dutton to an oncologist, therefore resulting in his premature...
Warfarin is the most commonly used oral anticoagulant (drugs that prevent blood from clotting) used in the UK. It is often prescribed where there has been a significant blood clot that has caused a medical complication, such as pulmonary embolism (clot in...
Click here to see the previous blog post this relates to. What has been the reaction to the Autumn Statement from the industry? Huw Evans, director general at the Association of British Insurers: "This is a significant breakthrough in...
The potential impact of the autumn statement for you and for clinical negligence lawyers… What was relevant in the Autumn Statement 2015 for personal injury and clinical negligence lawyers? The Government has announced in its 2015 Autumn...
Type of Injury: Spinal infection Court title: Deane-Cutler v Frimley Health NHS Foundation Trust Damages for pain, suffering and loss of amenity: £18,000 Total damages agreed: ££49,000...
A needle-stick injury is, unsurprisingly, one where the skin is breached by contact with a sharp object such as a needle. What is surprising is that it is quite a common injury in clinical practice, with large numbers going unreported. Of those that are...
Stillbirth Damages for pain, suffering and loss of amenity: £20,763 Total damages agreed: £25,000 Sex: Female Age: 34 The facts The Claimant's baby was stillborn on 14/12/10. She had significant medical history in relation to...
It seems that a complaint about a specific term of an employment contract, provided it affects more than just one individual, can be in the ‘public interest’ for the purposes of the newly amended whistle-blowing provisions under section 43B(1) of...
The first part of this article can be seen here . Problems from a medico-legal point of view Misdiagnosis of epididymitis – this is due to an infection of the surrounding part of the testis, called the epididymis. This too can be painful and...
The High Court is to rule on a damages claim against the NHS by a man who was discharged from A&E without seeing a doctor in 2006. He went on to suffer a heart attack and stroke four years later. The claimant says the A&E department...
Adapted from an article by Mr Ramesh Thurairaja , Consultant Urological Surgeon, Guy’s & St Thomas’ Hospital, London What is it, and how to establish if there is potential clinical negligence for failing to diagnose it ...
To read part 1 of the article please click here. Raised intracranial pressure Raised intracranial pressure may present with vomiting, headache and altered level of consciousness. This can be due to the tumour itself, but more commonly due to the system...
Brain tumours are the most common solid tumour in children and young people. Brain tumours account for about 25% of all childhood cancers, with an incidence of 5 per 100,000 children (aged up to 9 years of age). The location of tumours is divided into a...
A decision last month by the Court of Justice for the European Union in the case of Vnuk v. Zavarovalnica Triglav D.D. may well have far reaching implications for motorised vehicles within the UK that have not previously required insurance. To date,...
Robert Bolwell, partner and head of department (Landlord and Tenant), appeared on last week's BBC Watchdog giving advice on tenancy arrangements. If you missed the show, you can watch it on BBC iPlayer here . Should you need any further advice...
There are 5 nerves connecting the vertebrae in the neck to the upper arm, which join together to form a complex union, a bit like a busy railway junction. This union of 5 nerves, as well as the formation of different nerves from that union that supply the...
When could HR guidance to a dismissing or investigating officer in disciplinary proceedings result in a finding of unfair dismissal. This issue was considered by the Employment Appeal Tribunal (EAT) in the case of Ramphal v Department for Transport. A...
In a preliminary ruling, the European Court of Justice has held that time spent travelling between home and work is, in certain circumstances, to be regarded as ‘working time’ for the purpose of European – and by extension, UK law. A...
There are over 700,000 head injury attendances to A&E in England every year, about half of whom are children. Many injuries are minor and require relatively simple treatment and advice about possible complications occurring. Generally speaking,...
Employment law rarely stays the same for very long and it is about this time of year that we see new changes being introduced by the Government. There have been a number of developments in the law and some interesting initiatives loom on the horizon. ...
There are over 700,000 head injury attendances to A&E in England every year, about half of whom are children. Many injuries are minor and require relatively simple treatment and advice about possible complications occurring. Generally speaking,...
Shoulder dystocia is a complication that arises when a baby delivering head first - ie. the normal way - gets stuck on the way out. The usual sequence of events is that when the head is delivered, it is facing backwards, i.e. towards the back of the mother....
Melanie Reynolds, Clinical Negligence solicitor at Dutton Gregory agrees with the comments from APIL's President - Jonathan Wheeler (see below). Melanie says "There's a clear conflict of interest here as the Government is behind the NHS....
As part of it’s ongoing drive to reduce the NHS’ annual budget of £115 Billion by £5 Billion, the Department of Health is looking at reducing the costs of clinical negligence claims against the NHS – including the possible...
The misuse of social media in an employment context once again came under legal scrutiny in a case before the Employment Appeal Tribunal (The British Water Board t/a Scottish Canals -v- Smith (2015)). A disgruntled employee posted comments on...
The Government is consulting on proposals to change the tax treatment of termination payments. Some of the proposals include; The introduction of a 2 year qualifying period before an employee can benefit from the tax exemption. Changing the fixed...
Dutton Gregory is delighted to be working with CPRE Hampshire again this year – sponsoring the Rural Enterprise category of the Countryside Awards. From an impressive number of applications, a short list has been drawn up to find the eventual winner...
Dutton Gregory’s clinical negligence department received confirmation this week that they have been successful in their bid for a new 2015 legal aid contract. Over the past 12 years our experienced medical negligence team has advised and...
Thank you to everyone who took part in last month's quiz. Answers are below! 1. Employees under notice of redundancy have the right to take reasonable time off during working hours to look for a new job or secure training for future employment....
The claimant, a 26-year-old woman, received £28,000 for injury arising from the death of one of her twins in utero as a result of clinical negligence in August 2008. She developed post-traumatic stress disorder which impacted on her domestic, work and...
A 65-year-old woman, received £10,000 for the negligent removal of her tooth without a pre-existing hole in her sinus having been checked, in January 2012. She suffered a year of severe headaches and bad taste and smell in her mouth before a foreign...
Dutton Gregory is pleased to continue its support of the Venus Awards Dorset by sponsoring the Small Business Category 2015. Earlier this week we announced our 3 finalists. Congratulations to: ** Dee Clayton of Simply Amazing Training Ltd **...
Another change to the Immigration Rules has been released in the press ahead of any official announcement. You can make your own headlines by randomly shuffling the phrases “foreign criminals”, “immigration crackdown”, and “visa...
To recap, factual causation is the principle that a negligent act or omission has resulted in an adverse outcome/injury to an individual. Legal Causation is the principle that damage must not be ‘too remote’, it has to be within the scope of...
Locking the front door? International students update Major changes have been made to the Immigration Rules for international students, in line with the Government’s stated aim of “breaking the link” between study, work and...
This month's employment quiz is now live! Click the link below to enter for a chance to win a bottle of champagne... https://www.surveymonkey.com/r/WQR6R63 Deadline for entries is Friday 31 July. Good luck! ...
Patients are entitled to a face-to-face explanation & apology if something goes wrong from doctors, nurses and midwives. This is set out in the new joint guidance from the General Medical Council and the Nursing Midwifery Council. These regulations say...
3 weeks today I start my 240 mile cycle challenge from London to Paris. I can't believe it is now so close and it is fair to say I do not feel ready at all !! Where has the last 6 months gone? I have learnt a lot about bikes. I...
Dutton Gregory is pleased to continue its support of the Venus Awards Dorset by sponsoring the Small Business Category 2015. After reviewing some extremely high calibre entries, we were pleased to be able to announce our five semi finalists at the...
When investigating the merits of a prospective claim, a Clinical Negligence Lawyer has to establish if the Defendant was in breach of their duty of care to the Claimant (ie were they negligent) and if so, did that negligence cause or ‘materially...
The usual rule in planning inquiries is that each side bears their own costs. But if there is unreasonable behaviour by a local planning authority or appellant, the appeal Inspector can order that some or all of the costs of one party ought to be paid by the...
Education is the latest sector said to be threatened by current immigration policy in the UK. Heads say that the UK risks losing “significant numbers” of overseas teachers, joining the “thousands” of nurses who could be forced out of...
Under Part 36 of the Civil Procedure Rules, a party involved in litigation can adopt a pro-active, tactical approach by making what is known as a Part 36 offer to their opponent. The general principle is that the person making the offer does so in...
On 4 June 2015, the Ministry of Justice published the quarterly court statistics for the period January to March 2015, and also appellate statistics for 2014. The report provides information on the type and number of cases dealt with in the civil (excluding...
CG v FRIMLEY PARK HOSPITAL NHS FOUNDATION TRUST (2014) Total Damages: £120,000 (£120,233.01 RPI) Trial/settlement date: 1/12/2014 Age at trial: 28 The Claimant, a 28-year-old man, received total damages of £120,000 after...
Do you know of a project or business within Hampshire that is deserving of an environmental award? The Countryside Awards are organised by the Hampshire branch of CPRE, the Campaign to Protect Rural England - the countryside conservation charity. They...
Brighton and Sussex University Hospitals NHS Foundation Trust has been prosecuted for endangering patients through failing to control legionella. The Trust was fined £50,000 with costs of £38,705.60 after a joint investigation by the Health and...
A PI trust is a legal arrangement whereby Trustees manage compensation on behalf of the successful claimant, so that the claimant can retain their entitlement to means tested benefits, and also minimise any contribution towards the cost of...
Applicants for UK visas and residence permits have become accustomed to giving fingerprints and eyescans to support their applications. Starting in 2008, applicants for leave to remain inside the UK have also been provided with a Biometric Residence Permit...
Daily Telegraph, 5 June 2015: A health board is being sued after a patient woke up to find both his legs had been amputated. Mr Watson, 69, was admitted to hospital to receive treatment for a vascular problem. He alleged nothing had been done about his...
EXP v Barker The claimant suffered an ruptured aneurysm in 2011, she brought a claim in personal injuries against a consultant who had viewed an MRI scan on the claimant in 1999. The claimant had been informed that the brain scan was clear. Following the...
EC v NHS COMMISSIONING BOARD (2014) The Claimant, a 45-year-old woman, received £15,000 for the unnecessary excision of incorrect labial tissue during a procedure to correct a posterior extension of the left labium minus which had resulted from a...
The Queen's Speech, which was delivered on 27 May 2015, referred to the government bringing forward proposals for a British Bill of Rights to replace the Human Rights Act 1998. In response to the proposals, the Equality and Human Rights...
Nadine Montgomery from Lanarkshire, Scotland, has won a landmark clinical negligence case which has huge implications for the UK. It was a long running case which had to go all the way to the Supreme Court on appeal. Mrs Montgomery argued that she had...
YC v BOOTS UK LTD (2014) The claimant, a 59 year old woman, received £2,150 after she was given the wrong medication and suffered side effects for 10 days. She was given Prochlorperazine, an antiemetic and anti vertigo drug, instead of her...
Thank you to everyone who took part in last month's employment and HR quiz. The answers can be seen below. Winners will be contacted shortly. Q1. If an employee facing redundancy is offered potentially suitable alternative employment by their...
HM Courts and Tribunal Service and BIS have produced a consolidated version of the Employment Tribunals Rules of Procedure 2013 and amending legislation, which is up to date as at 17 February 2015. However, before the end of the last...
Billions of us now use the internet and the numbers are increasing every day. Why do so few people consider what happens to their assets when they die? What are digital assets? There are essentially three types of digital asset: - Personal...
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