Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
With laser eye surgery becoming more popular it is crucial people understand the small but serious risks to them and their health, as well as the many benefits. Clinicians are under a duty to advise a patient of the risks and whilst laser eye surgery does help many, it is crucial that a patient is advised of the risks, to help them make an informed decision before pursuing any surgery without pressure from the clinician or staff.
In this case the judge found that Optical Express had put pressure on the claimant in the initial consultation and also when signing the consent form in the waiting room before the procedure. The judge said she had been “enticed” to have the procedure, despite hesitations, and noted Optical Express’ guidance to staff to “encourage [customers] to proceed”.
A large part of the award was to compensate the claimant for future losses, including pay she will be unable to earn because she could no longer continue in her job. £500,000 may sound like a generous sum but the vast majority of any compensation award is directly linked to a person's financial losses, caused by negligence of another, such as a company or a hospital. The compensation is intended to give financial security for the rest of a person's life, as far as possible.
At Anthony Collins Solicitors we have represented people who have lost their sight due to medical negligence. We have experience of what blindness means for an individual and their family, both practically and emotionally, and try to help them find specialist support to be as independent as possible.
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The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
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