If you have been involved in a serious accident, which was not your fault, which has caused injury, there are two types of damages that you can claim.
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This is a question that our clients are always worried about when they are owed money by a third party (the Defendant)
When you bring a claim for damages following a serious injury, as the Claimant, you must prove that you have suffered an injury which has been caused by the accident.
The claim is in relation to the treatment the Claimant’s father, now deceased, received whilst he was under the care of the Royal Liverpool University Hospital (RLUH) in the period before his death. The claim was brought by the son.
The Claimant’s father was admitted to RLUH in June 2018 and upon admission, a Falls Risk Assessment was carried out, which noted a number of risks. On 24th June 2018, he was transferred from the Acute Medical Admissions Unit to Ward 8A. His Falls Risk Assessment was not updated on transfer and he was therefore placed in the bed furthest away from the nurse’s station.
The Claimant’s father was assessed by a Urologist, who suggested that he needed a CT scan of the ureter, kidney and bladder. The CT scan showed a (likely) malignant mass in the left bladder wall. During his admission, he was also treated for hospital acquired pneumonia.
On 3rd July 2018, the Claimant’s father suffered a fall and was found on the floor by his bed.
On 9th July 2018, he suffered a second fall at around 10.30pm, when he was found on the floor at the end of the bed. Following a hip x-ray, he was diagnosed with a fracture in the neck of his right femur. A stabiliser was fitted as he was not considered well enough for surgery.
On 12th July 2018, the Claimant’s father was visited by a Healthcare Assistant. The Healthcare Assistant proceeded to remove the stabiliser from his leg and attempted to reposition him and roll him onto his side. Upon attending upon his father, the Claimant informed the Healthcare Assistant of his father’s broken hip to which the Healthcare Assistant advised that she did not know.
Palliative care was commenced on 13th July 2018, following which the Claimant’s father subsequently passed away later that day.
Proceedings were issued in February 2022 on a protective basis against Liverpool University Hospitals NHS Foundation Trust.
Negotiations between the parties resulted in a settlement of the claim in August 2022, prior to the service of proceedings.
October 20 /
Litigation
Medical Negligence Claims Arising Out Of Poor Medical Treatment At Care Homes
We would all like to think that all care homes treat their residents with dignity and look after their medical needs with the expertise they deserve, as they owe a duty of care to their residents to do so.
Largely that is true, but what should you do if you or a loved one suffers poor treatment in a care home? You can complain to the care home owners or management, or the Local Council or Local Government and Social Care Ombudsman if the care home is run by the local authority. Sometimes the Care Quality Commission may also get involved. However beyond this and if you feel you or your loved one should be compensated for the poor treatment, then recourse to a legal claim may be your only option.
At Maxwell Hodge, we have dealt with many cases via our Medical Negligence team where that duty of care has been breached. Some examples include residents who have fallen whilst in a care home, and suffered injuries due to not being properly monitored, or others whose health has deteriorated due to poor feeding and dehydration. In some instances, the care home staff have failed to call in a GP or other medical practitioner, due to a failure to recognise the resident needs medical assistance or treatment.
If a care home resident does not have the mental capacity to bring the claim themselves, then another person can bring a legal claim on their behalf as long as they have the relevant legal authority.
Sadly, the person who has been injured may have passed away following that injury or due to deteriorating health, and in such cases the legal claim can be brought by the Personal Representative of the deceased’s person’s estate for the benefit of their estate.
If you would like to discuss any of the above issues further, then please call our
New Enquiry Team to speak with either Joanne Bigley on 0151 548 7370,
or Julie Sowery on 0151 625 9154.
As a personal injury lawyer, one of my concerns is to consider whether a claim is brought in time
August 9 /
Litigation
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
A Guide for Creditors and Debtors
At Maxwell Hodge Solicitors, one of our many expertise is to represent clients in recovering debt amounts, seeing the matter through from initial negotiations to enforcement procedures.
Therefore, we are aware of the issues and questions faced not only by Creditors, but also Debtors alike.
Following the new regulations brought into force in May 2021, Maxwell Hodge has therefore devised a guide that provides a simple breakdown of some of the new rules of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, in order to provide accessible information for both Creditors and Debtors.
If any further legal advice or support is needed regarding debt recovery, please contact us via;
Email – debtrecovery@maxweb.co.uk
Telephone – 0151 526 9321
Part 1 – Standard / Mental Health Crisis Breathing Spaces
A breathing space is a period of time which a Debtor can take away from the debts they owe, providing legal protections from the actions of Creditors. There are criteria and rules to be followed by both Debtors and Creditors when entering, during and leaving a breathing space, which will be discussed throughout.
There are two variations of breathing spaces;
Standard Breathing Space – Available to anybody with a qualifying debt. This will be discussed in Part 2.
Must be an eligible Debtor. This will be discussed in Part 2.
Allows for legal protections from the Creditor for up to 60 days, such as pausing enforcement methods, stopping contact from the Creditor and freezing most interest on debts.
Mental Health Crisis Breathing Space – Available to a Debtor who is receiving mental health crisis treatment.
Has stronger protections than a Standard Breathing Space, such as the inability of a mid-way review from the Creditor. This will be discussed in Part 4.
Lasts for the duration of the Debtor’s mental health treatment, plus 30 days.
Part 2 – Application for Breathing Spaces; Debtors
For Debtors, applying for a breathing space is a straightforward process.
For a Standard Breathing Space – The Debtor must first seek advice from a Debt Adviser. This is either a debt advice provider, approved by the FCA, or a local authority providing debt advice. The debt adviser may find that a breathing space is not appropriate if the Debtor can pay their debts, or may administrate the breathing space.
The Debtor must be eligible. This means the Debtor must:
- owe a qualifying debt to a creditor
- live or reside in England or Wales
- not have a debt relief order, an individual voluntary arrangement, an interim order, or be an undischarged bankrupt at the time they apply
- not already have a breathing space or have had a standard breathing space in the last 12 months.
The debt must be qualifying. Some examples of this include:
- credit card debts
- personal loans
- overdrafts
- bill arrears.
For further information on qualifying debts, please enquire using our contact information above.
For a Mental Health Crisis Breathing Space – An Approved Mental Health Professional (AMHP) can certify that a Debtor is receiving mental health treatment and this evidence can be used by a debt adviser to start a Mental Health Crisis Breathing Space.
Along with the Debtor, various other people can apply for a Mental Health Crisis Breathing Space on behalf of the debtor, such as an AMHP, the Debtor’s carer, social workers, mental health nurses, etc.
The same criteria and conditions as a Standard Breathing Space must be met here, as well as the need for the Debtor to be receiving mental health crisis treatment. Additionally, if the Debtor has had a Mental Health Breathing Space in the last 12 months, they are still eligible to apply for another one, as there is no limit to how many times these can be entered into by one Debtor.
Part 3 – During a Breathing Space; Creditors
Once a breathing space has been approved, it will start the day after it has been put onto the breathing space register and the Creditor will receive a notification to inform them of this.
From this point, the Creditors must act in a way that coincides with regulations. They must make a reasonable search to find the Debtor within their database, and note the file of the breathing space.
If the Creditor does not apply the protections, any action they take will be void and they may be liable for the Debtor’s costs.
A Creditor must:
- Stop the debtor having to pay certain interests, fees or charges on the debt.
- Stop any enforcement or inform agents to stop recovery.
- Stop contact with the Debtor requesting payment. Only contact with the debt adviser can continue, however please enquire about further guidance on this.
- Make a search for any additional debts of the Debtor that are not included in the breathing space. This should be reported to the debt adviser.
- Inform the courts of the breathing space when there are any existing legal proceedings.
- Stop any action to enforcement a court order or judgment.
However, during a breathing space, Debtors are simply free from enforcement procedures, and will still be liable to pay their debts during this time, such as ongoing liabilities.
If further advice is needed on this, please contact us via our contact details above.
Part 4 – Mid-way Review; Debtors
During a Standard Breathing Space, a debt adviser must carry out a mid-way review, between 25-35 days after the registration. A Creditor can also request a breathing space review.
This will not apply for a Mental Health Breathing Space, as the breathing space applies for the duration of the mental health crisis treatment, plus an additional 30 days. In these circumstances, a debt adviser will instead regularly check that the debtor is still receiving the mental health crisis treatment. This will only be cancelled if there is fraudulent or inaccurate information relating to the treatment, or the Debtor requests that the breathing space be stopped.
However, with Standard Breathing Spaces, if the Debtor has been meeting their obligations, the breathing space will continue, and if this is not the case, the breathing space can be cancelled by the debt adviser.
The debt adviser can cancel the breathing space for a number of different reasons and there are multiple ways for Debtors to respond. Please contact us for further information on this.
Part 5 – Ending a Breathing Space & Next Steps
When ending a breathing space, each type has varying rules and procedures …
Standard Breathing Space – Ends 60 days after the breathing space begins, or the day after the debt adviser decides to cancel it, if so.
Notification will be sent by the debt adviser to the Creditor to inform them of the cancellation of the breathing space.
Mental Health Crisis Breathing Space – Ends 30 days after the Mental Health Crisis Treatments ends, or 30 days after the debt adviser has received no response from the Debtor.
Notification will be sent by the debt adviser to the Creditor to inform them of the cancellation of the breathing space.
Once a breathing space has ended, there are multiple ways Creditors and Debtors can proceed following this, such as begin applying enforcement methods or going into a debt solution.
Please contact us for further information on this.
Part 6 – Summary for Creditors and Debtors
Debtors:
Application –
Must be eligible and have a qualifying debt. Must be approved by a debt adviser.
During –
Must maintain communication with debt adviser, may still have to pay debts.
Ending –
Can be ended by the debt adviser midway through, or will end after fixed time frames.
Creditors:
Application –
Will be made aware by the debt adviser, will have to check and note the file.
During –
Must stop all contact, enforcement and interest. Can request a midway review.
Ending –
Will be made aware by the debt adviser, can begin charging interest and enforcement.
If there are any further queries, please contact us on:
Email – debtrecovery@maxweb.co.uk
Telephone – 0151 526 9321
We have recently dealt with a medical negligence claim for a client and successfully secured compensation.
The claim involved cataract surgery with anaesthetic administered to the Claimant during the same.
The client had attended hospital to have cataract surgery. She had a left eye cataract and this was uneventful. She returned to the same hospital to have right eye cataract however, complications arose.
We sent a Letter of Claim to the Defendant hospital after our investigations, and input from our own expert evidence however, liability was disputed. The Claimant alleged that the Defendant had been negligent in delivering injectable local anaesthetic into the right eye via a retrobulbar block technique; planned and documented a peribulbar block but in fact attempted to use a retrobulbar technique; perforating the globe of the Claimant’s right eye and continuing to insert the needle far enough into the back of the eye to cause penetration of the retina close to the macular; directed the needle through the Claimant’s eye ball so that the local anaesthetic was deposited near the macular; utilised a 40mm long needle which was far too long for a peribulbar block and failed to obtain any or any adequately informed consent from the Claimant as to the use of the technique and explain the relevant risks and benefit of alternative techniques.
We are often asked by our clients how much it will cost to bring a claim to court. The answer is wide ranging due to the nature of different disputes and also depending on the complexity of a case and how much work would be involved. Disputes such as Will disputes, contract disputes and property disputes are covered under the term, Civil Litigation.
Can you just send a letter?
We are sometimes asked to draft a letter before action which lets the other party know what the issues are and what is required to rectify the dispute. This is usually the first contact between the parties via a Solicitor. Most clients presume a simple letter should be quick and cheap to send. However, we are required to undertake a substantial amount of work prior to being in a position to send an initial letter. The work involved includes taking all of the instructions and carrying out a review of documents to ensure that what the client is saying is true and accurate. We have a professional reputation to comply with rules of behaviour expected of solicitors, by ensuring that any information we provide to another party is accurate. We are required to check our client’s ID and obtain electronic ID searches. We then have to draft the letter and send to our client for approval, which often results in amendments being made or further discussions. There may then be further documents to consider if the dispute is moving along. This could take several hours of time. Once a response is received, we then have to review the same and advise further. Overall, undertaking the initial work prior to going to court can be quite costly.
Costs to Trial
Often, if the claim is not resolved at this stage, there will then be the option to proceed to court. For some disputes of lower value, and with less complex issues to resolve, the costs could still easily amount to £20,000.00 to £30,000.00 plus VAT, Court fees and Barrister’s fees, if the matter proceeds to a final hearing. However, costs could of course exceed this, depending on the nature of the work involved. We have dealt with cases which are more complex and the costs budget has amounted to £60,000.00 plus VAT for all costs and disbursements. Sometimes, cases are capable of settlement after issue of proceedings but before the Trial, in which case, costs will be less. Decisions to proceed to Court are therefore serious.
Win or Lose
The rule regarding costs is that you are responsible for your own solicitor’s costs. If you win the dispute or settle on favourable terms, you may be awarded these costs to be paid by the opposition. However if you lose the dispute, you may be ordered to pay your opponent’s costs as well as your own.
Overall, litigation is risky and costly. Parties should try, where possible, to resolve the matter amicably or use ADR to try and narrow the issues before proceeding to Court action.
If you are involved in a dispute, please feel free to contact one of our Team members to discuss how we can assist with this.
If you have had a successful accident claim, then you may be entitled to receive compensation.
