Personal Injury, Serious Injury & Clinical Negligence

Serious Injury & Clinical Negligence Newsletter – May 2015

We are pleased to present the May 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.

Righting wrongs for injured people

This week sees the 25th Annual Conference of the Association of Personal Injury Lawyers. Not, as some might expect, a brief pause in the pursuit of ambulances to park up the Ferrari and quaff champagne, but an opportunity for hardworking and dedicated lawyers to reflect on a long campaign to protect the rights of those injured by others.

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Secondary Victim Claim

Further to our blog “Psychiatric injury claims for nervous shock” on 4 March 2015 the issues were recently examined again by the High Court in Shorter v. Surrey and Sussex Healthcare NHS Trust.

The Claimant’s sister died on 13 May 2009 as the result of a subarachnoid haemorrhage arsing from an aneurysm of the right middle cerebral artery.  The Defendant admitted that they were negligent in failing to accurately report a CT scan performed on 5 May 2009 until 12 May 2009, failing to diagnose the SAH until that date and failing to transfer the Claimant’s sister to a specialist neurosurgical centre for treatment.

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Employers’ responsibility for employees travelling abroad

The Courts in England and Wales are increasingly considering cases involving the death or injury of employees travelling abroad for work. The issue is to what extent should an employer make enquiries to ensure that the provider of transportation is safe and reasonable in the circumstances?

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Damages following negligent Patella Femoral Resurfacing (Partial Knee Replacement) and a Total Knee Replacement

Kerry Fifield was instructed to act on behalf of the Claimant under the terms of her BTE insurance policy in November 2010.

The Claimant underwent a Total Knee replacement, under the care of the First Defendant, on a private basis at the Droitwich Spa Hospital in September 2009.

The Claimant had been left with severe pain and was mobilising using two crutches. X-rays performed had suggested that the femoral component seemed ‘too large’ and the component had rotated.

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MIB on road to EU Law savings?

Exciting times within the offices of the Motor Insurers’ Bureau (‘MIB’), the body set up to compensate those injured by an uninsured or untraced driver. The MIB is in the midst of an Appeal to the Supreme Court (Morneo v Motor Insurer’s Bureau [2015] EWHC 1002 (QB)) which, if the Court rules in the MIB’s favour, could significantly reduce its liability for claims concerning accidents occurring elsewhere in the EU.

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