M developed a significant disability called hydrocephalous (commonly known as “water on the brain”) in his late 20’s which was treated by way of a shunt, allowing the movement of fluid from his brain. Despite various medical problems arising from this, he was able to work normally until he decided to take an early retirement following his employer’s relocation.
In his mid-50s, M had to undergo a revision of an artificial hip joint and during the course of his rehabilitation, he developed various problems including a prolapsed bowel. Following surgery for this, he was noted to be unusually drowsy and so was investigated by way of CT imaging which later indicated that M had sustained a “hypoxic brain injury” during the procedure. This sadly left him with multiple neurological dysfunction and his independence was significantly compromised which meant he had to spend many years in a care home in an unstimulating environment and without appropriate rehabilitation. He also had to sell his home to fund care home fees whilst he “lost” many years of independence and quality of life.
Clinical negligence lawyers at Anthony Collins Solicitors were instructed to pursue a clinical negligence claim against the Hospital Trust that carried out the surgery. The case was complex in that it was initially impossible to determine how the hypoxic brain injury had developed. A number of medical experts were asked to piece the jigsaw together and a multi-disciplinary approach to the liability issues was required.
The Hospital Trust initially denied the claim but later admitted breach of duty, however, they maintained denial of causation.
M was in urgent need of rehabilitation and an interim payment to fund this, but due to the complexity this was likely to take years to achieve. However, with a critical need for accommodation, care and rehabilitation, the team made an urgent application to the Court for an interim payment and also requested that the Court enter Judgment against the Defendant notwithstanding their denial of the claim, on the basis that it did not have a logical rationale. The application was ultimately successful and the Court awarded Judgment on liability with damages to be assessed in our favour.
Finally, the Judge approved a settlement valued in excess of £2million. The team acknowledge the rewards and challenges that the case has brought them, supporting the individual and his family throughout. Care provision and medical diagnoses were not easy to obtain and yet their specialist know-how meant that they were able to help a vulnerable individual return to a semblance of normality. Notably, NHS costs would have been significantly reduced if there had been open and justified admissions made at an earlier stage.
If you'd like to talk to someone about a clinical negligence case, please contact Tony Hall on tony.hall@anthonycollins.com or 0121 212 7476.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
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