John Pickering and Partners LLP - Solicitors - Clinical Negligence - Call today on 0800 854201 - Members of the Action for Victims of Medical Accidents (AVMA) panel and the Law Society panel

Spotlight

Accident  and Emergency

This is often the first point of contact a patient will have with the NHS due to an illness or after an injury. The staff who practise in emergency medicine have skills in prevention, diagnosis and management.

Case reports

T -v- Calderdale & Huddersfield NHS Trust

The Claimant was taken to the Accident & Emergency Department at Calderdale Royal Infirmary after being knocked down by a car
and was diagnosed as having an unstable short spiral fracture of the right femur.  Her leg was placed in a splint which had to be re-applied because it was the wrong size.  She was admitted to the children’s ward of the hospital. She remained in hospital but there was a failure to monitor the healing process of her leg in the splint, to the extent that poor union of the femur was achieved and her leg was bent when the bone was healed and had a boney protruberance. The bowing of the leg also entailed shortening of the femur and consequently the leg itself.

The case settled for £28,000.00 which included damages for care provided to the Claimant by her parents, the cost of some reconstructive surgery on her scarring and damages for her psychological distress, as well as for the leg injuries overall and for the otherwise would have been unnecessary.

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Surviving A Brain Injury

An acquired brain injury is brain damage caused by events since you were born, rather than as part of a genetic or congenital disorder.  It usually affects cognitive, physical, emotional, social or independent functioning and can result from either traumatic brain injury such as a fall or an assault, or a non traumatic injury derived from either an internal or external source, e.g. a stroke, brain tumour, infection, poisoning and/or being starved of oxygen (hypoxia).

Acquired brain injury is not to be linked with intellectual disability. People with a brain injury may have difficulty controlling, co-ordinating and communicating their thoughts and actions, but they retain their intellectual abilities.  However, the intellectual abilities of that person with the brain injury are likely to be interfered with by the thought, co-ordination and communication difficulties, which can make it difficult for them to express themselves in a manner intelligible to others.

Fundamentally, our brains enable us to accomplish three things – to think, to move and to feel.  An acquired brain injury can disrupt cognitive processing, physical activity and social functioning.

An acquired brain injury is one of the most complex physical problems that a person can experience, given that every aspect of our lives hinges on the healthy functioning of the brain.

So many people are now surviving severe head injuries and it is estimated that there are over 5,000 survivors of severe head injuries in the UK each year.

The Road to recovery

A brain injury does not only happen to the injured person but also to their family and loved ones.  It can be a major source of stress for all close family members, many of whom are on a steep learning curve about what it all means.

The road is often a long and painful.  The family provide a life line to the brain injured person.  They provide comfort, reassurance and support.  Family members do this in their own way and have their own journey to make.

Families of those with an acquired brain injury often go through high levels of anxiety, hope, despair, anger, frustration and have negative feelings.  They may feel guilty that they may somehow be responsible for what has happened, or that they cannot get on with their lives.  In fact family members often take on the role of a therapist or carer and they try to redevelop lost skills of their loved one.  Emotional and behavioural problems are common and the dedicated care of close family members is crucial to recovery which is also important to remember that as well as the person who has the acquired brain injury needing support, the family and carers also need support.

Rachel Donovan, a Medical Negligence Solicitor at John Pickering & Partners LLP has been helping victims of accidents for the past 10 years.  Through her work she has developed a special interest in brain injury and has assisted, and continues to assist, her client’s who have sustained brain injuries for example through:- 

1          Starvation of oxygen at birth

2          Metallic poisoning such as iron

3          Infection, such as meningitis

4          Road traffic accidents, including motor bike accidents

5          Criminal acts

Through her work she has become involved in a number of children and adult brain injury charities and in particular she works closely with: 

SPEAK

SPEAK is a support group run by parents, for parents, carers and families who have children with disabilities in Knowsley, Liverpool.

Rachel Donovan has, through her work with the charity, been asked to become a member of the Committee and sees the wonderful work that the parents do for their children who have a variety of physical and brain related disabilities. Her role is just starting to develop but one of her duties will be to fund raise for this amazing cause.

HEADWAY

Rachel Donovan is involved with the brain injury charity Headway, Liverpool.

HEADWAY is a charity which supports people who are affected by a brain injury and their carers.

The objectives of HEADWAY are to understand all aspects of brain injury and to provide information, support and services to people with a brain injury, their families and carers.

Rachel Donovan, clinical negligence solicitor says, “Through the work I do with my job, but also the work that I do outside of my job through brain injury charities I have realised that more information needs to be accessible to the general public in relation to the facilities that are being provided by these specialist charities, for both adult and children who have acquired a brain injury.  Brain injuries are more common than people may think and they can happen at any time to anyone. All it takes is a fall, or to be involved in a road traffic accident, suffer from a stroke or to be knocked off your bike. Things can be done to reduce the incidence of an acquired brain injury such as cycling with a helmet but other brain injuries are unpreventable.”

Rachel Donovan is committed to helping people with brain injuries and she finds that being involved with brain injury charities gives her access to information on benefits, setting up wills, adaptations to homes, grant schemes, support and respite services..

The charity work also allows Rachel to appreciate through hands on experience the struggles that family members and carers have to face on a daily basis but it also provides an  invaluable insight as to what it is like to be living with a brain injury or living with a person who has a brain injury.

On reading the article, if you require any further advice then please do not hesitate to contact our Miss Rachel Donovan on 0151 227 1214 or, email her on don@johnpickering.co.uk.

About John Pickering & Partners LLP

Our clients are people who have suffered injury as a result of a medical accident in the UK.  We are clinical and medical negligence solicitors.  We handle negligence claims against hospitals, GP’s and other medical practitioners for clients across the UK. 

We try to obtain maximum amounts of compensation. 

We are committed to providing public funding (previously known as Legal Aid) and have a franchise from the Community Legal Services Commission.  This means that they have looked at the firm carefully and approved of the way we work.  They consider that we are medical negligence claims specialists.  They trust us to handle medical accident claims properly. 

If you are not eligible for public funding, we can offer a Conditional Fee Agreement, also known as a ‘no win, no fee’ agreement with insurance.  We shall check the best method of funding your claim. 

All 3 of our offices (Liverpool, Manchester and Halifax) are accredited by the Association of Personal Injury Lawyers. 

Claire Horton is an experienced clinical negligence solicitor who is based in our Manchester office. 

She continues to practice as an independent funding ajudicator for the Legal Services Commission and acts on a pro-bono basis for the AvMA helpline.

For further advice on medical negligence in Liverpool please also contact Rachel Donovan and for Halifax contact Ruth Davies, who are both experienced in the field of clinical negligence.

We provide free initial advice to people seeking information about a potential clinical negligence claim. 

 

 
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