Eye surgery and negligence claims

Laser eye surgery is more readily available than it has been in previous years. Laser eye surgery can be used to improve vision and reduce the need for glasses or contact lenses and surgery can take place to remove cataracts and repair retinas. However, while many treatments improve the vision and quality of life of patients, there are occasions where, due to negligence, mistakes are made. If this happens then a patient may be able to make a case for compensation.

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.

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.

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.

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.

What to do if you are involved in an accident with an uninsured driver

Being involved in a road traffic accident can be a very traumatic experience, especially if the accident was not your fault. However, it can be made even worse if you discover that the other driver is uninsured or if the other driver is untraced having left the scene of the accident without exchanging details with you or you are unfortunate to be the victim of a hit and run then there are ways though in which you can still recover compensation with the help of a solicitor.

Motoring Fraud Case Conclusion Reassuring For Insurers

The speedy decision in Aziz v Ali & Others towards the end of 2014 was a reassuring one for insurance companies that have to deal with thousands of fraudulent personal injury claims every year.

The contempt of court hearing brought by the victim insurance company consolidated several separate claims arising from separate incidents. In each instance, a ghost accident was created to claim for compensation for injuries sustained in the apparent accident.

What to do if you have been injured in a cycling accident

Cycling has many benefits, not only is it a great form of exercise and a way of saving money on fuel, it is also a cunning way of avoiding traffic especially in big cities, and as such it has become an increasingly popular way to travel.

Unfortunately, with the growth in cycle users has come a rise in the number of cycling accidents. Unlike car users, who benefit from the added protection of seatbelts, airbags and steel frames, cyclists are considerably less protected.

What to do if you have been involved in a car accident

Unless you’ve been involved in a car accident before then you might not know what to do. Most likely you will be in a state of shock and having some knowledge of how to react might be a great help to you. What's more, if the accident you were involved in was not your fault then there are some important steps that you will need to follow.

The first thing you should do in a car accident is stop. Under the Road Traffic Act (1988) a driver has a duty to stop their vehicle, report the accident and give any information that is requested.

Claiming For Injuries When Already Injured

The 2014 case of Reaney v University Hospital of North Staffordshire NHS Trust explored the issue of negligence in relation to additional injuries caused to an individual who was already injured. It is a helpful example of how the courts are likely to approach the award of damages in such cases.

The Pros And Cons Of The Recent Whiplash Reforms

Due to the increasing number of frauds committed in relation to whiplash claims, the Ministry of Justice has pursued a radical reform agenda. The impact of the reforms has been focused primarily on the soft tissue injuries that are caused by motor vehicle accidents. The changes will bring the need for fixed cost medical reports instead of the normal practice followed now where the insurer and the claimant firm can refer to any GP and the injured party need not go through any medical examination. The reforms have changed the rules so that practitioners providing medical reports are independent and cannot be incentivized by the claims process.

Insurers and Policyholders Should Benefit from Tightening of Whiplash Rules

Whiplash claims have been a substantial cause of the phenomenal increase in the frequency and value of claims in personal injury litigation. Figures provided by the Association of British Insurers demonstrate that the number of dishonest whiplash claims increased by 34 per cent in 2013, with a value of £811 million.

However, there is another side to the story. Lack of objective clinical signs has facilitated a ground for many claims that are extremely hard to disprove. This has paved the way for PI firms and other parts of the claims industry to transform the value of such claims into a commodity. However, significant changes are afoot to try and stem the flow of dishonest and exaggerated claims to reduce the cost to the industry and policyholders.

Tough PI Reforms to Follow Enactment of The Criminal Justice and Courts Bill in 2015

Personal injury (PI) claims have come under considerable scrutiny in the last few years and 2014 looks set to be a vital year for PI reform.

Following the implementation of the civil justice reforms last year, momentum has built to further improve the procedure for PI claims. As a consequence there has been a late but significant addition to the Criminal Justice and Courts Bill.

The Criminal Justice and Courts Bill is presently before Parliament and is expected to become law by January 2015. Clauses 49 to 53 deal specifically with PI claims. Significantly the whole claim has to be dismissed by the courts if there is any element of ‘fundamental dishonesty’ and the bill also proposes to disallow PI law firms from offering incentives.

Changes on the Way for Construction Site Safety Regulations

Throughout April and May 2014, the Health and Safety Executive (HSE) ran a consultation process on proposals to revise the Construction (Design & Management) Regulations (CDM) 2007. This is the third iteration of these regulations since their introduction in 1995.

Over this time, the fatal injuries rates in construction have dropped from 105 in 2000/01 to 71 in 2002/03. In just two years the rate went to the lowest on record which demonstrates the effectiveness of the regulations.

Avoidable Accidents and Misleading Health and Safety Notices

Recent cases from the Health and Safety Executive (HSE) have focused particular attention on businesses that employ workers exposed to the dangers of working at height. They also draw attention to the fact that accidents can happen anywhere for relatively innocuous reasons if adequate care is not taken.

Meanwhile, although health and safety is a popular whipping post for people complaining about restrictions on their liberty, businesses can’t simply blame HSE for every limitation that gets imposed in a working environment.

The Worrying Rise of Industrial Deafness Claims and their Implications for Insurance Fraud

A new trend has recently emerged in the area of insurance fraud.

The Association of British Insurers has warned that industrial deafness is fast becoming the new ‘cash cow’ for ambulance chasers throughout the UK.

Although in the past, whiplash claims have offered the greatest scope for abuse of insurance policies, it now seems that the claims industry is exploring a more creative and potentially more lucrative alternative.

Does your business need Public Liability Insurance cover?

A public liability insurance policy protects businesses against third party claims for injury, loss or damage to property as a result of the activities of their business.

Latest Health and Safety Cases Highlight Safety Risks to Individuals and Businesses

Recent health and safety cases highlighted by the Health and Safety Executive (HSE) once again stress the importance of businesses properly managing health and safety risks in the workplace.

Businesses large and small should not leave health and safety to chance. Appropriate health and safety policies must be designed, implemented and enforced while robust insurance policies should be taken out to cover unexpected accidents.

Any business unsure of its health and safety obligations should seek professional advice.

Employee liability insurance vs. public liability insurance

Insurance is essential for safeguarding your business and liability insurance can be one of the best ways to protect yourself against compensation claims. But what are some of the key differences between employee and public liability insurance?

What does public liability insurance cover?

There are potential risks in any business but by protecting yourself with public liability insurance you can ensure that you are covered against incidents that could prove costly to your business.

Public liability insurance protects businesses against third party claims and safeguards businesses against costly compensation pay outs. But what are the areas that the insurance covers?