June 2nd, 2009
A new system has been proposed in Scotland that would make compensation for clinical negligence easier to claim.
At present, patients injured as a result of medical treatment must prove responsibility or have the NHS trust involved admit to it, which can be a lengthy and complicated process.
However, health secretary Nicola Sturgeon is investigating whether a different system could be put in place that would allow patients to claim ‘no fault’ payouts.
This could lead to compensation for thousands of people who contracted superbugs such as MRSA in hospital.
The plans are to be proposed and discussed further in 2010.
Clinical negligence occurs when a professional in the health service provides care that is deemed to be below standard and this causes physical injury, death or distress.
Anyone who has suffered as a result of this should seek a solicitor specialising in clinical negligence claims in order to increase their likelihood of receiving a payout.
Tags: Clinical Negligence Claims, Health Secretary, Health Service, Injury Death, Lead, Likelihood, Medical Treatment, Mrsa, Nhs Trust, Nicola Sturgeon, People, Scotland, Solicitor Specialising, Sturgeon
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February 26th, 2009
The family of a man who was crushed to death in a workplace accident in 2006 have been paid compensation for their loss.
Jose Maria Martos Fernandez was working as a fisherman at a harbour in Lochinver, Scotland, when the accident occurred, the Aberdeen Press and Journal reports.
The men were unloading boxes of fish using a winch when a wire rope snapped. Mr Fernandez was hit on the head and shoulders by the cargo and he died at the scene.
After an investigation into the incident, it was concluded that regular checks on the state of the rope, which had become corroded, would have revealed that it was unsuitable and the death could have been avoided.
Lagun Talde, the company which owned the boat, was prosecuted under health and safety regulations and was ordered to pay £50,000 in compensation to Mr Fernandez’s family.
According to the Health and Safety Executive, 229 workers were killed at work in 2007-08.
Tags: Aberdeen Press And Journal, Boxes, Checks, Family Health, Family Man, Fish, Fisherman, Head And Shoulders, Health And Safety, Health And Safety Executive, Jose Maria, Lochinver, Martos, Safety Regulations, Scotland, Winch, Wire Rope, Workplace Accident
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January 7th, 2009
A woman is taking legal action against the operators of a chain of care homes after her father died in one of its branches due to the negligence of its staff.
William Taylor, 79, moved to Beechwood Park care home in Scotland after his Parkinson’s progressed and rendered him unable to live in sheltered accommodation, the Wee County News reports.
However, only six weeks after being admitted, he was taken to hospital with a blood infection resulting from bedsores and he died ten days later.
Mr Taylor’s family requested an investigation by the Care Commission and its subsequent report upheld all 15 of the complaints made against Beechwood.
It was found that Mr Taylor had not been given his Parkinson’s medication for several days at a time and that his assistance buzzer was consistently left out of his reach.
His daughter Moira Begg, 50, is now suing the care home in order to make sure the same thing does not happen to others.
"We [want] to highlight this for other families. I’d be really surprised if he’s the only person to suffer neglect in there," she commented.
Clinical negligence can occur in any environment where care is provided, not just hospitals. Anyone who has suffered as a result of this should seek legal advice as they may be eligible for compensation.
Tags: Bedsores, Beechwood Park, Begg, Blood Infection, Buzzer, Clinical Negligence, Hospitals, Legal Advice, Medication, Moira, Mr Taylor, Neglect, Parkinson, Scotland, Sheltered Accommodation, Six Weeks, Subsequent Report, Wee County News, William Taylor, Woman
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September 18th, 2008
A former police officer who was hurt during a game of football has been awarded compensation for his injury.
George Smillie, 51, was on a training course at the Scottish Police College – which provides policing and support services to Scotland’s eight police forces and criminal justice community – where he was participating in football training.
He began to suffer a severe pain in his knee, which became worse over time, the Edinburgh Evening News reports.
Mr Smillie alleges that this eventually forced him into early retirement, although doctors originally ruled the injury was not work-related.
However, Mr Smillie took legal action against the Lothian and Borders force, maintaining that the football was compulsory and the injury was therefore sustained in the line of duty.
He has now been awarded a lump sum of compensation, believed to be in the region of £10,000, as well as money each year to backdate his pension.
A police spokesperson declined to comment, but Mr Smillie’s solicitors said he was "delighted" with the result.
Tags: Borders, Criminal Justice Community, Doctors, Early Retirement, Edinburgh Evening News, Football Training, Game Of Football, Injury Compensation, Line Of Duty, Lothian, Lump Sum, Police Forces, Police Officer, Police Spokesperson, Scotland, Scottish Police College, Severe Pain, Smillie, Solicitors
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August 5th, 2008
A mother from Stonehaven, a town situated on the north-east coast of Scotland, has vowed to take a legal claim to the European court of human rights.
Wendy Stephen alleges that the MMR vaccine triggered health problems experienced by her daughter Katie.
Now 17, the youngster became ill and suffered a fever after she was given an early form of the vaccine as a toddler, the Press and Journal reports.
She is now deaf in her left ear and her family claims this is a result of being administered the substance.
Legal action was initially launched in 2001 against GlaxoSmithKline. However, Ms Stephen was refused legal aid on the grounds that not enough children had been affected by the vaccine, which was withdrawn from use in 1992.
She commented: "My next step is the European court of human rights and I will continue to fight like fury for my daughter, even if it means going to Strasbourg."
Meanwhile, a GlaxoSmithKline spokeswoman refused to make comment on the case.
Tags: Daughter Katie, European Court Of Human Rights, Fever, Glaxosmithkline, Health Problems, Left Ear, Legal Aid, Legal Claim, Medical Claim, Mmr Vaccine, North East Coast, Scotland, Spokeswoman, Strasbourg, Wendy Stephen, Youngster
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