Category: Civil Dispute

Orthopaedic surgery negligence: do you have a claim?

Orthopaedics is a common area of medicine where medical negligence claims are brought. If you’ve recently had orthopaedic treatment and are less than happy with the result, you may be wondering if you are entitled to claim for damages.

What constitutes ‘orthopaedics’?

The field of orthopaedics includes anything to do with treatments for injuries and conditions affecting the musculoskeletal system, specifically the following:

• bones
• tendons
• joints
• muscles
• ligaments
• cartilage

Common conditions that are dealt with by orthopaedic surgeons include:

• fractures
• hip replacements
• spinal injuries
• knee replacements
• bone tumours
• bone infections
• congenital birth defects

Although the majority of treatments that are carried out are successful, all operations and procedures carry an element of risk. Errors do occur, which can have a massively detrimental effect on a patient’s life, causing pain and suffering, and even preventing them from working.

Common errors in orthopaedics

There are a number of common failings that can lead to long-term health issues for which you may be entitled to claim compensation.

1. X-rays and scans can sometimes be misread. This can lead to a delay in your treatment, potentially meaning long-term problems as conditions get worse.

2. The failure to spot a fracture during an initial consultation can lead to ongoing pain and potentially poor healing of the bone, resulting in the need for more surgery to correct the problem.

3. Poor husbandry whilst on the orthopaedic ward can result in infection post-surgery. This could potentially be life-threatening if the infection is not treated quickly enough.

4. If prosthesis is required following amputation, it must fit correctly. If the prosthetics are not fitted correctly, this can lead to pain and ongoing problems with mobility.

What can you claim compensation for?

You could suffer financially if you have been unable to work since your treatment. This applies whether you’ve had to miss work for a few months or whether you can never work again. Your claim in these circumstances would be for ‘loss of earnings’.

Psychological damages can be claimed, for example if you have suffered depression as a result of malpractice that has left you partially paralysed and requiring adaptations to your home.

You can make a claim for physical suffering if your treatment has left you in continual pain or if you suffered pain unnecessarily for a prolonged period of time, due to the practitioner’s negligence.

If any of this sounds familiar, consultation with experienced direct access barristers should be your next course of action.

Get expert legal help

If you think that you have suffered as a result of medically negligent orthopaedic treatment, a direct access barrister could help you make a successful claim. To find out how our experienced barristers could help, contact us today.

Can I make a medical negligence claim?

If you have suffered an injury at the hands of a medical professional, the consequences can be devastating. It may not only have had a drastic effect on your life but the lives of your loved ones as well.

However, you may be unsure as to whether or not you can make a claim against the person that has caused you harm. Medical negligence claims can be complicated, but this post gives a brief outline of the requirements of bringing a claim for medical negligence.

What happened to you?

Medical negligence is different from other types of personal injury claim, as there are many ways in which you or a loved one might have suffered an injury as a result of a medical professionals actions – or failure to act. For example, if you were not cared for properly in the hospital or in a care home and you suffer illness or injury as a result, you might have a claim for medical negligence.

We have experience in handling all types of medical negligence claims including; cancer misdiagnosis, wrong limb amputation claims, cerebral palsy claims, birth injury claims, care home negligence, late diagnosis claims, surgery claims, GP misdiagnosis, cosmetic surgery injuries and wrong prescription claims.

When did it happen to you?

Medical negligence claims generally have a strict time limit of three years from the date of the injury, or the date you discovered the injury. This means you should always seek specialist legal advice as soon as possible if you wish to make a claim. However, because of the complicated nature of medical negligence claims, determining when this three-year period begins can be challenging. For example, in misdiagnosis claims, you may have been wrongfully diagnosed four years ago, but the misdiagnosis only came to light 12 months ago. Generally, in these circumstances, the time restriction will begin when you discovered that you had been misdiagnosed.

Did you endure pain and suffering/ actual loss?

You can only make a claim where you have endured pain and suffering, and actually suffered loss as a result of the medical negligence. You are unlikely to be able to make a claim where the negligent treatment has not had any effect on your life. However, our direct access barristers will be best placed to discuss with you how you might have suffered loss as a result of medical negligence.

Contact our medical negligence direct Access Barristers today

To discuss your claim with our direct access barristers with complete confidentiality, call us now . We look forward to helping you get the compensation you deserve.

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Who pays compensation where collisions involve driverless cars?

Driverless cars have generated a lot of interest of late, with a number of vehicle providers carrying out test runs on public roads and insurance companies reviewing their motor insurance products with a view to accommodating the change to automated transport.

The benefits of driverless vehicles have also been well reported. For example, driverless vehicles will reportedly reduce pollution and, quite importantly, are expected to remove human error leading to fewer road traffic collisions.

While driverless cars may remove human error, they introduce risks of their own with machine error being one key issue. There are tricky questions about who pays compensation when driverless cars cause injury or damage. This is because traditional laws on vehicle-related accident sought compensation from drivers and their insurers on the basis of driver fault where a driver’s negligence had caused injury or damage.

Proposed new laws

The UK Government is seeking to address this issue by introducing new laws which could make it easier to seek compensation directly from insurers of driverless vehicles when insured vehicles cause injury or damage.

The Government introduced the Automated and Electric Vehicles Bill to the House of Parliament in October 2017, though it is yet to be passed as law.

When introducing the Bill, Transport Minister John Hayes said, “We want the UK to be the best place in the world to do business and a leading hub for modern transport technology, which is why we are introducing the Automated and Electric Vehicles Bill in Parliament and investing more than £1.2bn in the industry.”

(Source: https://www.gov.uk/government/news/boost-for-electric-and-driverless-car-industry-as-government-drives-forward-green-transport-revolution)

What changes are being introduced

Under the proposals, motor vehicle insurers will be liable to pay compensation when a driverless vehicle they insure causes an accident while “driving itself” which results in death, personal injury and/or property damage.

Insurers will not have to pay compensation if the driverless vehicle is uninsured at the time of the accident. Insurers can also avoid liability or limit the amount of compensation they are liable to pay if an injured person is partly at fault for the accident.

Source: https://services.parliament.uk/bills/2017-19/automatedandelectricvehicles.html

Barristers4u are specialists with experience in a wide range of motor-related incidents. Contact us today to see how we can help you.

Can I go direct to a barrister for family court?

When family court is involved, there is a good chance you are a parent or representing a child. Or, perhaps you are trying to sort through the financial minefield of a separation, or obtain an injunction of some sort?

All of which are highly sensitive and emotional issues.

This can make finding the right legal help even more important.

For many people in this situation, that means working with a direct access barrister. Someone trained and experienced in providing family law advocacy services.

Advantages of a family law public access barrister

Using a public access barrister puts you directly in front of the person who will represent you in any legal proceedings. You will be able to establish a relationship of trust and communication with them, knowing that they will be the ones speaking on your behalf.

Issues such as domestic violence, custody of children and financial settlements can be discussed openly with the person who will pick out the transient facts and present them in court on your behalf.

This is also someone who specialises in this particular sector of the law. Family barristers approach their work from a position of in-depth knowledge and understanding, as opposed to a more general appreciation of the law.

They spend the bulk of their time in court, so they are familiar with the mechanisms and subtleties of presenting legal arguments in that setting.

Flexibility and customer care in discussing family law

Many family barristers are self-employed, rather than working within a legal practice. This provides a more versatile approach to both consultation arrangements and costs.

You could even instruct and work with a family barrister anywhere in the UK. Many offer opportunities for private video conferencing too so you don’t always need to appear at meetings in person.

Lastly, keep in mind that solicitors – in specialist or complex cases – would turn to a barrister for assistance.

If your legal proceedings are of a particularly desperate or upsetting nature, approaching a public access barrister means that you are going direct to someone that solicitors trust and consult with.

Use our website to find the right match and to obtain insights into the costs involved with direct access family barristers.

Take action on sexual harassment with direct access barristers

Sexual harassment in Hollywood has recently hit the headlines, but statistics released by Opinium Research show that one in five women in the UK also have been sexually harassed in the workplace.

Unfortunately, this demonstrates that workplace sexual harassment is still a problem and not just in Hollywood. In fact, it’s not unlikely that you or someone you know has been affected, despite there being laws in place to protect workers like you.

Sexual harassment includes any type of unwelcome behaviour of a sexual nature. This can be verbal, such as remarks about your body or appearance, non-verbal, for example staring at your body or sending texts of a sexual or physical nature, including physical contact of any kind.

If you have been a victim of sexual harassment, your first steps will usually be to speak to HR or complain to your employer to try and resolve the issue. If necessary, you can even take action through an industrial tribunal. However, if the tribunal is unsuccessful you may still want to seek specialist legal advice.

Did you know that you can contact a barrister directly for expert legal advice or representation for your case? Public access barristers are experts in the law and how it works and can advise you on your legal position, draft legal documents and even use their skills to represent you in a court tribunal or hearing.

Instructing a barrister directly can save you hundreds to thousands of pounds, whilst also ensuring you receive high-quality and experienced legal support. Barristers4U has access to 1000+ accredited barristers throughout England and Wales offering expert legal advice and representation.

Our video-conferencing facilities (such as Skype) mean you can speak to your barrister confidentially, no matter where you live. Obtaining a quote is free with no obligation, so you can compare quotes and choose the right expert for you. You only pay if you decide you’d like to instruct the barrister directly.

Sexual harassment in the workplace is never acceptable so if you have been affected by this behaviour, contact Barristers4U today for information and advice.

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Can a barrister help with my drink drive case?

Law enforcement operatives will have you believe that drink drive cases are clear-cut and unavoidable, but this is not the case. With a good drink drive barrister by your side, you stand a chance of being able to overturn a drink drive accusation in some circumstances. Here we explore the ways in which they can help:

Speak on your behalf in court

A barrister will know what to say, how to say it and when to say it. This can make every difference in a court and can swing your chances of conviction or exoneration. You will only get one chance in court, so getting it right is essential. Make sure you have the best representation.

Give you guidance

For most drink drive offenders it will be their first time in a courtroom. This can be very intimidating and they are structured to be so. Knowing what to expect and exactly what will happen will help to put your mind at rest and allow you to keep a level head for the interactions that matter.

Give advice about your plea

Sometimes the best thing to do is to admit your guilt and receive a lighter sentence for showing remorse. A barrister will be able to tell you when this is the right course of action so that you are making the correct plea.

Build your defence

A barrister can help by building a defence for you if there is one to build. They will never create a defence where one does not exist, but they will be able to turn the real course of events into an effective defence to put in front of the court.

Determine special reasons

In some cases, drink drive defences can rely on special reasons for your actions. Your barrister will be able to help you establish this defence if it does exist.

Obtaining a quote

Getting a fee quote from a barrister will be completely free, so there is nothing to lose at the outset. A barrister could save you from significant fines and protect you from losing your license too.

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Ending boundary disputes with direct access barristers

When you buy a property, the boundaries should be clearly marked on the deeds of the house or flat. Despite this, many property owners find that their boundaries are the cause of disputes. If your neighbours believe that you’re using their property, for example, they may become unpleasant or even abusive.

Similarly, if you have a right of way over land, the landowners should not be able to restrict you using this right. Perhaps you need to travel across your neighbours land to reach your driveway, for example? If they prevent you from doing this, your enjoyment of your own property will be severely diminished.

Have things got out of hand?

When these types of disputes arise, it’s easy for things to escalate. Your neighbours may begin to exhibit anti-social behaviour or undertake petty actions in order to irritate you. Whilst we should feel relaxed in our own homes, boundary issues can have a significant impact on your way of life. Rather than looking forward to going home at the end of the day, you may begin to dread what you’re returning to.

In order to resolve these types of disputes, it may be necessary to access legal help. Unfortunately, people tend to assume that legal advice is very expensive and this can result in disputes going on for far longer than they need to.

If you’re worried about the cost of getting legal help, why not contact a direct access barrister?

Taking action with public access barristers

When you contact a barrister directly, you can reduce the cost of any legal action you need to take. Instead of using both a solicitor and barrister, you can liaise with just public access barristers and limit the need for any other professionals to work on your case.

As a result, costs can be reduced considerably. In addition to this, seeking help from direct access barristers can be a simple and straightforward process. Simply select a barrister who specialises in the relevant area of law and approach them for a quote. As well as explaining what options are available to you, your public access barrister can assist you in taking legal action, if you choose to do so.

To find out more, contact a direct access barrister today.

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Contesting a will with direct access barristers

Although making a will is fairly straightforward, a significant number of people fail to do so. When someone dies without having made a will, they are said to have died intestate and the law determines how their estate is disposed of. By having a will, people can ensure that their estate is transferred to the relevant beneficiaries and they are free to dispose of their goods, property and possessions as they see fit.

In some cases, however, it may be possible for someone to contest a will and argue that they should receive some or all of the estate.

As a will is a legal document, you’ll need to legal assistance if you want to make a successful challenge. Although the law is keen to uphold the deceased’s wishes, there are some instances in which a direct access barrister will be able to help you to challenge a will.

Accessing inheritance if you’ve been left out of a will

Often, when someone gets older, their mental faculties can be affected and they may act in unusual ways. If someone makes numerous changes to their will in the months preceding their death, for example, and leaves close family members out of the document, it may be possible for them to challenge the document.

Similarly, if the deceased was receiving medical treatment which may have affected the way they drafted the will, it could be possible for a legal challenge to be made. In some cases, a will may have been made decades ago and not modified to reflect a change in family circumstances. Due to this, family members may want to take action in order to ensure an equal split of the estate.

Contact a direct access barrister

If you need help to contest a will, a public access barrister may be able to assist you. As well as providing expert legal advice and assistance, using a direct access barrister can significantly reduce the cost of taking legal action.

Furthermore, contacting a direct access barrister couldn’t be easier. Available via secure video conferencing facilities, you can liaise with your barrister from wherever you are and cut out the need for additional legal personnel.

To find out more, why not contact a public access barrister today?

Can civil dispute barristers help with tenancy issues?

Although there are various different types of civil disputes, disagreements between tenants and landlords are amongst the most common. Whilst tenants and landlords should always have a contract in place, tenants are afforded some rights by the law as well.

In addition to this, a situation which isn’t covered by the existing contract may arise and civil dispute barristers may be needed.

Often, it’s best to resolve issues amicably, if you’re able to do so. In some instances, however, this simply isn’t possible and it may be necessary to seek legal help. If tenants want to take action because they believe a landlord is evicting them unfairly, for example, they may want to access legal representation so that they can take the matter further.

Conversely, landlords may find themselves unable to remove tenants following the end of a lease. As these matters can end up going to court, it’s usually beneficial to seek help from experienced professionals, such as civil dispute barristers.

Can a barrister help you?

When you need legal advice, it can be best to contact a barrister directly. As well as being experts in their field, public access barristers can help to reduce the cost of taking legal action. If you’re instigating legal action or defending a claim made against you, direct access barristers can provide relatively low-cost legal support.

Whilst a solicitor may be able to provide help initially, it is a barrister who is most likely to represent you in court. Rather than using two legal professionals to resolve the matter, claimants can benefit from contacting barristers directly.

Should you take the matter to court?

Often, the involvement of legal professionals means that the matter can be resolved without actually going to court. In order to reduce the cost and length of time associated with a court hearing, claimants are more willing to negotiate, providing they are assisted by experienced lawyers.

Whilst you can resort to going to court if needed, direct access barristers can help you to resolve the matter via alternative methods, if they are available. To find out more about getting help with a landlord and tenant dispute, why not contact civil dispute barristers today?

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Resolving neighbour disputes with help from direct access barristers

Unfortunately, disputes between neighbours occur all too frequently and they can have a significant impact on the people involved. While a disagreement may arise due to a fairly minor issue, it can quickly spiral out of control. As a result, people often find that neighbour disputes have a detrimental effect on their lives as a whole.

With many people keen to extend their properties, this is often a contentious issue for neighbours. Even when planning permission has been granted, disputes can arise if the actual work deviates from the plans in any way.

If neighbours assume that they have a right of way over your land, for example, you may need to take action against them. Similarly, if neighbours continue to use your property or land when you’ve asked them not to, civil dispute barristers may need to act on your behalf in order to resolve the issue.

Although many people aim to keep relations with their neighbours amicable, this is unlikely to happen if the dispute continues for months or even years. By taking action with direct access barristers, you can ensure that the issue is settled as quickly as possible.

How can civil dispute barristers help?

Civil disputes can arise in various forms and direct access barristers may be able to help. By working with an experienced lawyer, you can ensure that they have expertise in the relevant area of law and that they’re able to help manage your case.

As well as informing you of your rights and options, public access barristers can take the matter all the way to court, if needed. While there are often alternative resolutions available, you can rely on your direct access barrister to provide you with legal representation if the matter with your neighbour is referred to court.

What about the cost?

When people have a civil dispute, they sometimes seek help from a solicitor. In many cases, however, the issue is then referred to a barrister as well and this can increase the cost. One of the main advantages of using direct access barristers is the reduced cost of accessing legal representation.

By working with one legal professional, you can reduce your expenditure whilst still accessing the assistance you need. To find out more, why not contact a civil dispute barrister today?

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