Misdiagnosis claims

When we visit a doctor or medical professional we trust their judgement and years of training in diagnosing our health problems. However, occasionally they fail to meet these expectations and either miss signs of illness or diagnose the condition as something else.

Misdiagnosis can be summarised in two ways. The first is when an illness or condition is not diagnosed at all. The second occurs when the wrong diagnosis is made.

An example of the first type of misdiagnosis could be when a patient has visited their GP with stomach problems, but their concerns are dismissed and a diagnosis is not made, only to later discover they have a form of cancer.

Recruiters - five things to watch out for

Whether you are new to the recruitment industry or are well established, it is worth re-visiting some essential points regarding your terms and conditions of business.

An agency is, broadly speaking, a business which arranges for other businesses or individuals to work together. An agency which supplies workers on a temporary basis is an employment business, whereas an agency which supplies persons to work for businesses permanently is an employment agent.

Employment agencies and employment businesses are regulated by two main pieces of legislation: the Employment Agencies Act 1973 (the Act) and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regs). Together, this framework attempts to protect the worker and imposes certain restrictions on what employment agencies and businesses can and can’t do.

Clubs and Societies – to incorporate or not?

If you are working together with other people with a common purpose (but not with a view to making a profit) and you have members, you may well be running a club or society. It could be a sports club or social society, that you or your child is involved in. What you may not have considered is what the potential repercussions would be if something went wrong?

Restrictive covenants: what you need to know as an employee

Whilst leaving a job to start your own business or move to pastures new can sometimes be a liberating experience for employees it can also provide problems for businesses and employers who wish to limit any damage to their business when the employee leaves. However, sometimes these clauses can go beyond protecting reasonable business interests and leave an employee unable to move forward with their career.

Cosmetic surgery negligence

The cosmetic surgery industry has seen a boom in popularity in recent years with many new surgeries opening, and more people than ever looking to take advantage of greater choice over where and with which doctor they have their work done. However, with increased competition comes the temptation to cut corners and this leads in some cases to negligence, failed surgeries and suffering on behalf of patients.

Although the cosmetic industry is not as heavily regulated as other areas of healthcare, those who operate within it still have an obligation to deliver a certain standard of care and if they fail to do this then compensation could be claimed.

Capital Bridging rebrands to Amicus

Capital Bridging Finance Limited (“Capital” or “Capital Bridging”) is changing its name to Amicus. The business, one of the leading short term property finance lenders in the UK feels the change of name will better support their strategy of broadening their lending proposition and builds on their strong reputation as a dependable, adaptable, approachable lender that works hard with their customers to find a solution.

Drafting restrictive covenants – what employers should know

During their employment, employees have access to confidential information, build relationships with valued customers and have insights into trade secrets. When they leave that employment these interests could be vulnerable. A restrictive covenant can help businesses to protect their interests when an employee leaves. However, they must be carefully drafted in order to be enforced.

What is dental negligence?

According to the British Dental Association around 25% of the British population suffer anxiety over seeing a dentist. Most of the time their fears are unfounded, the pain is temporary and they leave with less discomfort, however there are times when things can go wrong. Accidents can happen but if a dentist fails in providing the level of care expected then there could be a case for compensation.

All medical practitioners have a duty of care which means that they must take precautions to ensure their patients’ safety. However, in certain scenarios they, as dentists, might not meet this requirement.

What you need to know about shared parental leave

Recent changes to regulations mean that parental leave laws now allow prospective fathers the right to take more time off to attend antenatal classes. Next year, it will go one step further and allow male employees the right to share parental leave with their partner. What does this mean for employees and employers?

As of October 2014, male employees are allowed to take time off for antenatal appointments so that they can accompany their expectant partner. However, whereas female employees will be paid during antenatal appointments, male employees will not.

Previously, female employees could take a maximum of 52 weeks, with the first 26 being ordinary maternity leave and the remainder known as additional maternity leave.

What you need to know about flexible working patterns

Changes in 2014 to employment law mean that any employee who has a child under 16 years of age, or under 18 years of age with a disability, or an employee who is looking after an adult dependent, can request flexible working hours. These rules also extend to any employees who have adopted or are currently fostering.

Have you been a passenger in a road traffic accident? Here’s what you should know

When it comes to road traffic accidents, it’s not just the person that’s behind the wheel that is affected. Whether through physical injury, loss of earnings or mental anguish, a passenger in a vehicle can be affected just as much as the driver should they be unfortunate enough to be involved in an accident, and as such they are rightfully entitled to compensation for any direct losses.