Are GPs to take over responsibility for Oxfordshire’s out-of-hours service ask our Subscribers Henmans LLP Solicitors in Oxford. The out-of-hours services in Oxfordshire is an organisation which provides urgent medical cover for GP practices from 6.30pm – 8am on weekdays, and 24 hours a day on weekends and bank holidays. The running of the out-of-hours services is currently the responsibility of NHS Oxfordshire, and has been since 2004. The government is discussing plans to hand responsibility for the service back to GPs. Local GPs feel that the out-of-hours service is currently inadequate; the service has had on average one formal complaint every two weeks for the past two years. GPs are concerned that the decision to transfer the responsibility for the service, without providing additional resources or funding, will just shift the blame for the poor service onto them. ww.thisisoxfordshire.co.uk reported that Dr Prit Buttar, a GP at an Abingdon surgery commented: “I’m concerned that unless adequate resources are provided giving us commissioning responsibilities, it will just be giving us the blame”. It remains to be seen, say Henmans, whether the responsibility for the out-of-hours service is transferred to GPs and whether this will have an impact on the standards of care provided by the service:  http://www.henmansllp.co.uk/clinnegnews.

 The Supreme Court of Ireland has dismissed a patient’s medical negligence claim arising out of the use of the drug Sandostatin LAR http://www.rxlist.com/sandostatin-lar-drug.htm. The full judgment in Healey v Buckley MLC 1676 will be posted on www.medneg.com in a few days’ time.

 Our Subscribers Armstrong Foulkes report on their website the case of Arthur who suffered with reumatoid athritis in his hands for several years. He was admitted to hospital for a procedure in which some of the diseased joints in his right hand were to be replaced with artificial implants. Arthur was prepared for surgery. He was given a general anaesthetic and the surgeon set about making the necessary incisions and preparing the bones in the hand to accept the implants. It was at this point that the surgeon realised that not all of the necessary components for the surgery had been ordered. No available implants were to be had for a further two days. As a result, the operation had to be abandoned and Arthur had to wait over two weeks for another operation date. The hospital agreed that this was unacceptable treatment and paid Arthur compensation of £4,250. In addition, they arranged a more robust system to ensure that the correct implants were ordered in good time and that detailed lists of requirements for each operation were available and checked one week before the operation. http://www.armstrongfoulkes.co.uk/news.php?news_id=030.

 Medneg leader Paul Balen says that his interest in alternative resolution techniques stemmed from a realisation that “often what my clients wanted to achieve went above and beyond what any judge could order. In medical cases, for example, a typical Claimant’s shopping list includes an apology, an explanation and reassurance that lessons have been learnt over and above compensation. My experience is that a bit of TLC at a sufficiently early stage can go a long way in recreating trust in the system, which may have been trashed by the tragedy that had brought the clients into my office.

“When the opportunity came to qualify as a mediator it seemed the most natural thing to happen. It was how I thought I had always acted in my own cases. So why should I need a mediator in my cases and why should anyone need me in theirs? The proof is in the eating. I have now appointed mediators in several intractable cases of my own. All have settled.

“Since qualifying as a mediator I have enjoyed helping parties resolve their disputes in all sorts of legal arenas, often involving thinking outside the box to the apparent astonishment of the parties. ‘Do we have to issue proceedings to get to something like this?’ asked one set of previously warring parties. Of course not!

“Sports disputes are no different. The beauty of mediation is that, unlike a sport, there are no rules (other than that the process is confidential). Mediation can take place at any time providing the parties are willing to talk - if not to each other at least to a mediator. To paraphrase a famous advertisement, a mediator can reach parts of a dispute and areas for resolution that no judicial process could reach. As a mediator I am not a judge, a referee or umpire. I am simply there to help.

“So if you have a sports dispute take the plunge. Mediation may not be perfect but it is a vastly better experience for the parties than court room adversarial cut and thrust. Try it and see! http://www.sportresolutions.co.uk/news.asp?itemid=736&itemTitle=Why+Mediate+by+Paul+Balen&section=23&sectionTitle=News.

A grandfather who suffered horrific spinal injuries after paramedics failed to immobilise him following a fall is in line for compensation from North West Ambulance Service, our Subscribers Stewarts Law report on their website. Claudius Grimes, aged 74, stumbled in the bedroom of his Greater Manchester home. As he fell forward, his chin caught the top of his grandchildrens' travel cot, causing serious neck injuries. North West Ambulance Service has admitted a breach in its duty of care after paramedics who were called to the house failed to treat Mr Grimes with appropriate neck and spinal support. He told paramedics that he thought he had broken his neck but despite tests which showed he had low blood pressure and pulse rate, the ambulance crew sat him up, without giving him oxygen and without using a neck brace or spinal board, causing him to lose consciousness. He was then placed into a folding chair and carried downstairs. Medical experts have said that while the initial fall did cause serious neck injuries, the actions of the attending paramedics, particularly sitting Mr Grimes in a chair without spinal protection, resulted in more severe damage to his spine. The retired engineer is now tetraplegic and in a wheelchair. Clinical negligence specialist, Frank Pinch, of Stewarts Law, who is representing Mr Grimes, said: "The failings and negligence of the attending ambulance crew led to Mr Grimes suffering a much more serious injury than was originally sustained in the fall. If he had received the correct treatment, at the most crucial time, it is likely that he would be recovered enough to be able to walk short distances, manage his own personal care and go about normal daily activities. Instead, Mr Grimes has been left totally reliant on others to care for him after losing the use of all his limbs. His quality of life has diminished hugely as a result." The incident happened in April 2006. Mr Pinch said bringing the claim had been made more complex because all documents relating to an internal review into the actions of the paramedics had been destroyed by North West Ambulance Service only 12 months afterwards. Only a single page Paramedic Patient Report Form and a partial computer printout seemed to remain. These were vague and contained ambiguous references as to whether Mr Grimes had any 'feeling' in his arms and legs after the accident." After initial difficulties the lawyers for the Ambulance Service are co-operating to try to bring the case to a final settlement in the autumn. Mr Grimes has received an interim payment. His courage and dignity are very impressive and his dedicated wife and family have made a tragic situation much more bearable. I hope that everyone involved can negotiate constructively to help Mr Grimes to have a secure and comfortable future." he added. http://www.stewartslaw.com/ambulance-crew-failings-leave-man-in-wheelchair.aspx.

 The Clinical Negligence team at our Subscribers Keeble Hawson LLP specialises in pursuing claims for compensation for brain injury arising from accidents and assaults. They act for clients throughout Yorkshire and beyond who have suffered all levels of head injury, whether minor, moderate or severe.  Each year an estimated one million people attend hospital A & E departments in the UK following a head injury. It is estimated that across the UK there are around half a million people living with the long-term effects of a traumatic brain injury.  The Keeble Hawson team know that minor and moderate head injuries often cause significant short, medium and even long term difficulties for many, and you are entitled to be fully compensated for those difficulties - which can include problems with returning to work.

More severe brain injuries can lead to life-long problems, impacting on the individual and their families. Accidents by their nature are unexpected and the resulting trauma can be overwhelming, with severe day-to-day consequences.  The team offers an approach which goes beyond the everyday understanding between a solicitor and client. They are approachable, accessible, supportive and caring, being part of a team that includes clients’ families and those closely involved in care work - all aiming to provide the maximum benefit and support for them to live and enjoy the best life possible.

Brain Injury can result in a range of problems such as:

·         Behaviour and personality - including anxiety, depression, loss of motivation, anger;

·         Cognitive - including problems with memory, attention and concentration, low tolerance of noise and stress;

·         Physical - including loss of co-ordination, epilepsy, speech problems, loss of smell and taste, fatigue, sexual problems.

The services from the team include the offer of free initial consultations, at home, in hospital or wherever is most convenient. Where appropriate, they can then offer 'no win no fee' arrangements.  They can also assist with dealing with the Court of Protection and the appointment of a Deputy to look after your finances. Additionally, they can put arrangements in place for a Trust, and arrange for financial advice so your compensation is handled and invested in the most prudent way.

They understand that it is important in many cases for clients and their families to feel that they are not alone in their experience. Their senior partner’s work in the sector has involved a long-term connection with Headway - the Brain Injury Association. For many years he has been a representative on the Headway Personal Injury Solicitors List, and a former Chair of York Headway, as well as maintaining links with Headway Doncaster. http://www.keeblehawson.co.uk/Individuals/Clinical-Negligence.aspx  

 Edwina Rawson, associate at our Subscribers Charles Russell LLP analyses the clinical negligence litigation process from a claimant lawyer’s view point. First in series. http://www.charlesrussell.co.uk/UserFiles/file/pdf/Clinical%20Negligence/Litigation%20matters%20a%20claimant%20lawyers%20perspective%20on%20NHS%20claims.pdf.

An Essex family, represented by our Subscribers Attwaters, is distraught after waiting more than two years for mother’s inquest. Mrs Joan Townson of Sawbridgeworth in Hertfordshire died in the Princess Alexandra hospital in Harlow, Essex, in May 2008. She was 67, and had undergone surgery to remove her ovaries. After surgery it was realized that she had suffered a perforated bowel, and she died several days later.
In the circumstances Mrs Townson’s daughter, Mrs Joanne Benge also of Sawbridgeworth, asked lawyers to begin civil proceedings against the hospital. The lawyers first contacted the Essex coroner’s office in June 2008, regarding arrangement and a date for the inquest. Since then, the coroner’s office has been approached a number of times. The last occasion was last month, when the case was said to be ‘in the backlog’. It is not yet scheduled and there is still no indication of when it might take place.
The delay naturally causes anguish for Mrs Townson’s family. Madeline Seibert is a clinical negligence lawyer and partner at Attwaters in Harlow, who are managing the case. She explains that Mrs Townson’s family are anxious for a full inquest to take place as soon as possible.
‘It’s only too easy to imagine the anguish of Mrs Townson’s family, in having her death hanging over them for more than two years,’ she says. ‘They have had no opportunity to hear at an inquest all the circumstances her tragic and untimely death. Also, Mrs Townson’s family are very distraught at the manner of their mother’s death and understandably want the hospital to reveal what may have gone wrong. In these circumstances the inquest is extremely important to them. The inquest may very well impact upon the civil case and may also provide valuable evidence as to what went wrong.
So we’ve been waiting over two years so far, and there is absolutely no clue from the coroner’s office as to when the inquest might be scheduled. For all we know it might not be for many more months yet.
It’s difficult to say what has gone wrong with the inquest system. It may be that it is severely under-resourced. Yet, whatever the cause of these delays, it is a shocking and disrespectful way to treat families and clearly they deserve much better.’ http://www.attwaters.co.uk/2010/07/essex-family-distraught-after-waiting-more-than-two-years-for-mother%e2%80%99s-inquest/

 Our Subscribers Irwin Mitchell acted on behalf of a 5 year old boy who had a severe form of cerebral palsy which is permanent and essentially untreatable. The client was born at Hexham General Hospital by ventouse delivery, 47 minutes after his twin brother. Damage occurred through cord compression in minutes, immediately before and just after delivery. The long interval between the delivery of each twin resulted in the client suffering from hypoxia which led to the development of cerebral palsy. The defendants were negligent in their management of the client’s birth.  An unreassuring CTG during labour should have prompted earlier delivery. This maximum severity case has been settled and likely to be worth in excess of £3 million. The case settled at 80 percent in their client's favour following rigorous defence on both liability and causation until the joint settlement meeting.  http://www.irwinmitchell.com/servicesforyou/personalinjury/support/Pages/ClientStoriesViewer.aspx?item=282. July 9.