Personal Injury, Serious Injury & Clinical Negligence

Serious Injury & Clinical Negligence Newsletter – February 2015

We are pleased to present the February 2015 edition of our Serious Injury & Clinical Negligence Newsletter from the Clarke Willmott claims team.

Our aim is to provide you with a brief overview of key developments and issues in the field of serious injury and clinical negligence.

If there are any issues you wish to discuss further, please contact a member of our team by calling free on 0800 316 8892.


Lee Hart awarded Brain Injury Specialist accreditation

Clarke Willmott are delighted to announce that Lee Hart, Head of the Serious Injury team at the firm has been recognised as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL). Lee is one of only a handful of lawyers in the south west to receive the accreditation.

The endorsement by APIL acknowledges Lee’s specialist expertise, experience and support for clients and their families in the specialist field of brain injury.

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£8.3 million compensation recovered for child with cerebral palsy

Clarke Willmott recently acted for a 10 year old boy who suffered brain damage at birth due to the negligence of the doctors and midwives involved in his delivery. A combination of failings, including a lack of proper examination of his mother during labour, an inability to deal with a breech presentation and a failure to properly resuscitate the baby, sadly led to oxygen deprivation and cerebral palsy.

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Promising Development in Treatment for Paralysis

On Friday, the Ecole Polytechnique Federale de Lausanne (EPFL) has released details of research that is hoped may provide a cure for paralysis. This advanced technology involves an implant being fitted to the spine, providing chemical and electrical stimulus to the damaged parts of the spine.

Over the last decade there have been tremendous advances in medicine available to treat all kinds of serious injury, however spinal cord injuries have proved much more difficult to improve.

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Hospital settles claim for forgetting to perform operation… in 1961

Chris Thorne has recently successfully concluded a very unusual claim for a client, where the allegation of negligence dated back over 50 years.

The client suffered for most of her adult life with hearing difficulties, beginning in the 1950’s. In 1961 she was referred to a Hearing Specialist who, unbeknown to her, suspected she had Otosclerosis; a condition whereby new bone grows around that connecting the ear drum to the inner ear. Over time, if untreated, the bone can grow to an extent that it reduces the ability for the ear to detect sound.

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Justice for All (at least, for those who can afford it)

In yet a further attack on access to justice, the Ministry of Justice (MoJ) has confirmed that it is to press ahead with its proposals to implement a significant increase in court fees. In cases involving claims for more than £10,000 in value, the proposed court fee is to be based on 5% of the claim’s value (subject to a £10,000 cap).

The government’s aim is to reduce the deficit on the costs of the civil and family courts by increasing the fees payable by those using the civil courts.

The measures come in for widespread criticism from claimant and defendant representatives, the Civil Justice Council (CJC) and the Lord Chief Justice.

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