November 4th, 2009
A leading judge has called for changes to be made in the way Fatal Accident Inquiries (FAIs) are conducted.
FAIs are public inquiries into fatal accidents, which are carried out in cases of suspicious or unexplained death.
Lord Cullen suggested that such inquiries should be made less formal and lawyers involved in the cases should no longer wear wigs and gowns.
The former lord president also said that FAIs should not be held in court anymore.
In his report related to Scotland, he stated: "My aim has been to set out practical measures for a system for inquiry into fatalities that is effective, efficient and fair."
His review into FAIs began in June 2008 and his findings also included the suggestion that a dedicated FAI team is set up.
Earlier this week, an inquiry in Scotland found that Paul Campbell, 25, of Eastriggs, had died in a quad bike accident due to the failure of a suspension unit on his vehicle, reports BBC News.
Tags: Aim, Bbc, Bike Accident, Failure, Fatal Accident Inquiries, Fatal Accidents, Gowns, Lawyers, Lord President, Measures, Paul Campbell, Public Inquiries, Quad Bike, Scotland, Suggestion, Suspension Unit, Unexplained Death, Wigs
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October 19th, 2009
A woman who was left fighting for her life after accidentally ingesting a black worm in her fish while abroad has been awarded a record sum in compensation.
Beryl Rushton, 66, went to the Dominican Republic on what was supposed to be a luxury Christmas break with her family in 2001.
While eating at First Choice’s Tropical Beach Resort on a banquet night, she discovered a black worm with blood around it in the fish steak she had been eating. That night, she became violently ill, but made it back home to Accrington.
She was admitted to hospital where she was immediately put in a high dependency ward before being transferred to intensive care when her aorta began to leak and her nervous system collapsed.
Ms Rushton is still suffering from her illness and takes 26 tablets a day for her ongoing heart and bowel problems.
She took legal action against First Choice and her lawyers were eventually able to prove that her condition occurred as a result of poor hygiene at the hotel.
The victim has now been paid £240,000 to cover her long-term care, which is believed to be a record for such holiday illness claims.
Last month, a girl who was electrocuted on holiday at the Kilifi Beach resort in Kenya was awarded £52,000 for the pain and suffering she was caused by poor safety standards at the hotel.
Tags: Aorta, Banquet Night, Beryl, Black Worm, Bowel Problems, Dominican Republic, First Choice, Fish Steak, Intensive Care, Lawyers, Long Term Care, Luxury Christmas, Nervous System, Pain And Suffering, Poor Hygiene, Poor Safety Standards, Record Sum, Rushton, Tropical Beach Resort
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September 24th, 2009
Kettering General Hospital is to pay three people a total of £1.5 million in compensation after complications at their respective births left them blind.
The victims, who have not been named, are now aged 21, 18 and 16 and have been blind since they were born prematurely at the hospital, the Northampton Evening Telegraph reports.
It was found that they had not been provided with enough oxygen, which had led to insufficient development in the eye and a condition called retinopathy of prematurity.
The victims opted to seek compensation for the loss of opportunities caused by their blindness, as well as their heightened care needs.
Their lawyers have now successfully negotiated a collective £1.5 million in compensation for clinical negligence.
A spokesperson for Kettering General Hospital said: "The trust is unable to comment on individual claims as we would want at all times to respect the right to privacy and confidentiality of our patients."
Retinopathy of prematurity is thought to be caused by the disorganised growth of blood vessels in the retina and can often affect premature babies. It can result in scarring, retinal detachment and blindness.
Tags: 5 Million, Births, Blindness, Blood Vessels, Clinical Negligence, General Hospital, Insufficient Development, Lawyers, Northampton, Oxygen, Premature Babies, Privacy And Confidentiality, Retina, Retinal Detachment, Retinopathy Of Prematurity, Right To Privacy, Right To Privacy And Confidentiality, Spokesperson, Telegraph Reports
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June 29th, 2009
A man who was in prison for 15 years for a crime he did not commit is claiming £1 million in compensation for the injustice.
Andrew Adams, 39, was jailed in 1993 for the murder of Alfred Royal in Newcastle, but his conviction was overturned in January 2007.
He thought he would be paid compensation for the miscarriage of justice, but was told he would receive nothing because he could not show that the conviction came as a result of new evidence.
Now, Mr Adams is taking the case to the court of appeal in a bid to get a payout for the 15 years he spent behind bars.
"All I’m asking for is to get back what was taken away from me when I was put in prison," he told the Chronicle Live.
The victim claims that he did not receive appropriate representation at his trial and that his lawyers had not used a number of facts that could have led to his acquittal.
Anyone who is the victim of a miscarriage of justice is eligible for compensation if new evidence comes to light that proves they were not responsible for the original crime.
Tags: 1 Million, Acquittal, Andrew Adams, Conviction, Court Of Appeal, Injustice, Lawyers, Miscarriage Of Justice, Mr Adams, New Evidence, Newcastle
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May 27th, 2009
A man who was imprisoned for four years after being convicted of a murder he did not commit has been awarded compensation for the miscarriage of justice.
Stephen Miller was jailed for life for the 1988 murder of Cardiff prostitute Lynette White, but was released in 1992 after the conviction was found not fit to stand up in court, Wales Online reports.
Another man named Jeffrey Gafoor pleaded guilty to Ms White’s murder in 2003 and Mr Miller’s legal representatives launched a compensation claim.
He has now been awarded £50,000 in compensation for his loss of liberty, as well as separate payouts for injury to feelings and hardship, bringing his total to £185,000.
A miscarriage of justice can result from unreliable confessions due to police pressure – as Mr Miller’s lawyers argued in this case – or psychological instability.
Anyone affected should seek the advice of a solicitor in order to discuss a potential compensation claim.
Tags: Cardiff, Compensation Claim, Confessions, Conviction, Feelings, Justice Stephen, Lawyers, Legal Representatives, Miscarriage Of Justice, Mr Miller, Prostitute, Solicitor, Stephen Miller, Wales
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