Category: Crime

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.

Why instruct a criminal barrister over a solicitor?

If you are facing serious allegations, including those of sexual assault, serious road traffic offences, fraud or other white collar offences, a direct access barrister might be the solution you are looking for. Normally, barristers may only be instructed by solicitors; however, direct access barristers allow you to instruct them directly, saving you time and money whilst obtaining a premium service. But how exactly could a direct access barrister help you? This post looks at some of the ways in which one of our direct access barristers could offer you a superior service to a regular lawyer.

Criminal law expert barristers

Many of our direct access barristers are criminal law and procedure experts. They have worked on some of the most complex criminal cases, and when the going gets tough, they are not afraid to fight for you. Instructing a direct access barrister over a solicitor will generally provide you with access to a professional with more experience in the courtroom and greater understanding of the case law which might help win your case.

Strategy

Criminal barristers will begin working on your case from the outset, aiming to understand as much about the circumstances surrounding the case as possible. Your barrister will then develop a high-level strategy to ensure every avenue is explored, taking advantage of every opportunity to get you the results you need. When it comes to serious criminal cases, drafting an excellent defence statement is crucial. Only a specialised criminal barrister will understand the intricacies involved in ensuring your statement works in your favour.

Insight

As a criminal barrister is specialist and experienced, they will have a full understanding of what is required in the courtroom to win your case. This includes niche case knowledge, specialist evidence requirements, and even how best to present your specific circumstances. This will include making a robust statement of mitigating circumstances and any exceptional hardship you might experience as a result of a custodial sentence.

Why choose a criminal barrister over a criminal lawyer?

Your reputation and your liberty are important to you and your family. It is essential you get the best strategy, advice and representation you can. Amongst our directory of barristers are some the most experienced criminal law case experts, determined to help each and every one of their clients keep their licence. Don’t just instruct any legal professional, get in touch to find out how we can help get you the best.

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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Getting help from criminal barristers

When you’ve been arrested, it’s essential that you have access to legal help. Depending on the alleged offence, you could be facing a number of serious consequences. Whilst some offences carry the possibility of a prison sentence, you could also be subject to fines, ASBOs or community service.

In addition to this, the consequences of having a criminal record can be catastrophic. You may be unable to keep your current job and may find it extremely difficult to find other work, for example.

Often, when people are charged with a crime, they accept a caution in order to resolve the issue as quickly as possible. Whilst this may be a viable solution, it’s important to get expert legal help from criminal barristers first.

Having a caution on your record could have an impact on your future and, with help from experienced direct access barristers, you may be able to avoid this. By seeking legal help, you can ensure that you are able to reduce the charges where possible and minimise the consequences.

Accessing legal representation with public access barristers

Although criminal law is a speciality in itself, barristers do operate in niche areas. If you’ve been charged with a traffic offence, for example, you may want to seek help from speeding barristers or drink drive barristers.

As public access barristers have a whole range of expertise, you’ll be able to find a lawyer who can provide the type of assistance you require. Whilst the matter may be resolved without the need to go to court, a criminal barrister can represent you in court if need be. This means that a public access barrister can deal with matters from start to finish and you won’t have to deal with a range of legal professionals.

What about the cost of using direct access barristers?

Although some people are eligible for Legal Aid in criminal matters, many people exceed the financial threshold and, therefore, must pay for their own legal representation. By working with direct access barristers, you can cut the cost of getting legal help and present an affordable defence.

To learn more now, why not contact our direct access criminal barristers today?

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Avoid a speeding conviction with expert legal help

As all drivers know, adhering to the relevant speed limit is vital when you’re in control of a vehicle. Failure to do so can put the driver at risk, as well as jeopardising the safety of his or her passengers and other road users. While it’s crucial that drivers adhere to the rules of the road, there are times when people may inadvertently exceed the speed limit and, if caught, they could face a number of sanctions.

If the situation constitutes a minor offence, the driver may simply have points placed on their licence or be required to attend an educational course. Once a driver has a specific number of points on their licence, however, they will lose their licence and be unable to legally drive. If the original speeding offence was more serious, a driver could be charged with a criminal offence and they may lose their licence straight away. They could even face a custodial sentence.

Can a barrister save my driving licence?

If you need help from a speeding barrister, it’s likely that you’ve been caught or charged with a motoring offence. With numerous speed cameras situated on roads across the country, it’s not surprising that so many people are caught exceeding the limit each year.

In many cases, however, a public access barrister can help you to contest the charges aimed at you and prevent you from facing any sanctions, such as the loss of your licence or a monetary fine. If you’ve been faced with a more serious criminal allegation, such as driving without due care and attention, a criminal barrister may even be able to help you avoid getting a criminal record.

With legal help from experienced barristers, you can save a significant amount of money. With thousands of pounds to be saved, using direct access barristers ensures that you have access to cost-effective legal help. Furthermore, contacting a barrister directly means that you can discuss your case in detail and get the specialist help you need.

To obtain a quote or to discuss your need for legal representation, contact a direct access barrister today.

Dealing with a false allegation

If you’ve been accused of a crime, it’s vital that you seek legal help as quickly as possible. Whilst thorough police investigations can help to weed out false allegations, this isn’t always the case. In many instances, victims of false allegations can find themselves in court. Depending on the specific allegation, you could even be facing a custodial sentence as a result of false testimony.

Although criminal barristers are adept at dealing with these type of cases, it can be extremely stressful for the accused. As a false allegation can have an impact on your working life and your personal circumstances, it’s essential that the matter is dealt with quickly and confidentially.

Whether the alleged victim has made a genuine mistake in accusing you of a crime or if someone has intentionally misled the police, criminal barristers can help ensure the truth comes to light.

Getting help from direct access barristers

Unfortunately, people can find it difficult to access the legal help they need due to the costs involved. Often, people in need of legal assistance will approach a solicitor for advice. Following this, their solicitor will then instruct a barrister on their behalf. Whilst this can be effective, it does mean that the cost of obtaining legal representation is increased.

Rather than using a solicitor and a barrister, why not contact direct access barristers straightaway? You’ll have access to expert help, reputable legal representation and you’ll be able to reduce the costs associated with legal action as well.

Your current location needn’t be a barrier to using public access barristers either. Whilst you may want to meet your criminal barristers on a face-to-face basis, you’ll also have the opportunity to liaise with them via secure video conferencing facilities.

If you’ve been accused of conduct you didn’t commit or if you’re facing criminal charges, why not seek help today? By discussing your situation with experienced criminal barristers, you can access the help and advice you need.

With the cost of legal representation reduced, public access barristers ensure that everyone has access to the assistance they’re entitled to. To find out more, contact Barristers4U today.

What to do if you suspect medical negligence

If you feel that you’ve not received the optimum standard of care from a healthcare provider, you may have a case for medical negligence. An experienced legal firm of healthcare barristers will be able to advise you on whether you have good grounds for a claim.

Do you have grounds for a medical negligence claim?

A medical negligence action is likely to be successful if you can prove that a healthcare professional breached their duty of care to you resulting in damage or injury to your person. Common types of malpractice suits involve:

• cosmetic surgery mistakes
• surgical errors
• wrong or delayed diagnosis of serious conditions
• dental malpractice
• injury sustained during childbirth

Although many people pursue medical negligence claims in the hope of being awarded financial compensation, you could simply settle for an admission that the care you received was substandard and an apology.

In order to discern if a clinical case exists, you will need to establish the following criteria:

1. That there is a duty of care between you and your treating clinician. (This is never contested as there will always be a duty of care between healthcare professional and patient).

2. That the standard of care you received was insufficient and the duty of care has therefore been breached.

3. That as a direct consequence of the poor treatment you received, you have suffered pain, discomfort, or complications, which would not have occurred had the treatment been up to the expected standard. This is termed, ‘avoidable harm’.

What should you do if you think you have a medical negligence claim?

Medical negligence law is an extremely complex personal injury field. It’s therefore recommended that you seek advice from an experienced healthcare barrister. You’ll need to provide documentary evidence to support your claim. This evidence will include:

• written accounts of what happened, provided by you, your family, and any other witnesses involved

• access to your medical records

• details of prescriptions and receipts for any corrective medical treatment you have undergone in order to rectify the negligent treatment

• details of any loss of earnings or costs you have incurred as a result of the alleged negligence

Seek advice today

If you suspect that you have been the victim of medical negligence by a healthcare professional, you may be able to make a claim against them. Contact a healthcare barrister near you through Barristers4U for a free, no-obligation quote today.

Find an expert barrister for your sexual harassment claim

Sexual harassment in the workplace is unacceptable – period. Unfortunately, it still happens despite laws to protect workers.

What is sexual harassment?

Sexual harassment constitutes any form of behaviour of a sexual nature that is unwelcome. The majority of complainants are women, although men can also be the victims of sexual harassment.

It’s important to remember that harassment is not about having a laugh or a ‘bit of fun’, it’s about control and power. Sexual harassment can manifest itself in many different forms but can be broadly placed into three groups:

Verbal

If a colleague makes remarks about your appearance, your body or your clothes, that is deemed to be sexual harassment, as are indecent remarks, questions or comments about your sex life or requests for sexual favours, and wolf-whistling.

Threats or promises concerning the loss of your job or changes to your employment conditions in return for sexual favours are deemed to be sexual harassment.

Non-verbal

• Looking or staring at your body
• Displaying images of a sexually explicit nature i.e. pin-ups or calendars
• Sending texts of a sexual nature
• Sending emails of a sexual nature or containing explicit images

Physical

• Physical contact of any kind
• Sexual assault
• Rape

What can you do if you are a victim of sexual harassment?

If the sexual harassment continues after you have confronted the perpetrator and complained to your employer, you may seek redress through an industrial tribunal. In the event that your tribunal is unsuccessful, you should seek the advice and intervention of a solicitor or specialist employment lawyer.

However, you can also go to barristers direct for expert legal advice or representation in your case for sexual harassment, potentially saving you thousands of pounds. At Barristers4u we have over a thousand accredited barristers throughout England and Wales, so you can be sure that you will find a specialist in sexual harassment cases to represent you. For your convenience, we can set up video conferencing facilities, so that you can have confidential discussions with your barrister, wherever you are located in the UK.

If you think you are a victim of sexual harassment at work, don’t suffer in silence. You can obtain a free quote from a barrister with no obligation, so why not contact us today for more information and advice.

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