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NHS EARLY NOTIFICATION SCHEME FOR BIRTH INJURIES

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Exterior of NHS building

In April 2017 the NHS launched their Early Notification Scheme (ENS) to deal with investigations in relation to serious brain injuries suffered by babies at birth. The scheme is designed to speed up investigations to determine whether or not a baby is entitled to receive compensation. It was also set up to ensure that lessons are learned to improve maternity care and avoid future avoidable cases of babies with brain injury. The scheme aims to make maternity and neonatal services safer and to encourage openness and honesty on the part of Hospital Trusts.

HOW IT WORKS

All Hospital Trusts across England and Wales are obliged to notify NHS Resolution (a central part of the NHS dealing with compensation claims) within 30 days of a maternity incident leading to a baby suffering a potentially severe brain injury. The scheme applies to babies who are born from 37 weeks onwards. A potentially severe brain injury is described as:-

• The baby diagnosed with Grade 3 hypoxic ischaemic encephalopathy (oxygen deprivation and limited blood flow); or

• The baby required therapeutic cooling; or

• The baby had decreased central tone (floppy), was comatose or suffered seizures of any kind.

Once the Trust has reported the incident to NHSR, arrangements are made for the Health Service Investigation Branch (HSIB) to investigate events and prepare a report. Following receipt of the report NHSR will decide whether or not a legal investigation will start. If so, it is reviewed by the NHS internal legal team which comprises NHS lawyers and external medical experts. If their team decide that the Trust is liable, admissions will be made, and the family signposted to specialist clinical negligence solicitors, like Barratts. We can then organise an urgent interim payment of compensation to assist the baby and family.

ENS & COVID

Hospital Trusts’ obligations to report incidents to the NHSR under the scheme was paused from 1 April 2020 due to pressures on the Trusts caused by Covid. However the Trusts still had an obligation  to refer matters to the HSIB, who in turn provide their report to NHSR.

HOW CAN BARRATTS HELP?

We have already been referred cases through this scheme. The NHSR are keen to ensure that only solicitors, used to acting for clients with cerebral palsy and other neurological conditions, are involved. All too often we are contacted by clients who have spent years with a solicitor who has not handled a medical claim for a birth injury. Sadly, we continue to see the same negligent cause for  brain injury birth claims, so we hope this scheme will succeed in reducing these injuries.

Our clinical negligence solicitors are all highly experienced and have acted in birth injury claims over many decades. Do you have concerns that your baby may have suffered a brain injury during birth? If so, we strongly recommend that you seek legal advice, regardless of whether the matter is being investigated through the Early Notification Scheme.

If the scheme identifies that the Trust has legal liability for your child’s injury, then you will already have been told to seek help from Barratts or other specialist clinical negligence firms. Our expert solicitors can represent you in the compensation claim and ensure that your child recovers the compensation they need. This will ensure that your child can have the support and therapy required throughout their life. Even if NHSR conclude that you are not covered by the scheme, you may still have grounds for a clinical negligence claim. We can investigate this and advise you appropriately.

HOW DOES THE ENS WORK IN PRACTICE?

In January 2018 we were contacted by a family whose baby was 4 months old and had suffered a brain injury at birth. The Hospital Trust, where he was born, had promptly reported the matter to NHSR under the ENS. Their investigation identified that his injury had occurred due to negligence. They were signposted to an independent specialist solicitor and contacted Julie Hardy. Julie is one of three solicitors in our medical negligence department who are recognised as specialist clinical negligence lawyers on the Law Society’s panel. Julie is  also a member of the panel of specialist lawyers administered by the charity Action Against Medical Accidents,  https://www.avma.org.uk/

Within a few months of being instructed, Julie had arranged for Court Judgment to be entered in favour of the child and had obtained an interim payment of compensation; this allowed for a team of private therapists and carers to be recruited to assist with rehabilitation and support. The client has since been diagnosed with cerebral palsy and Julie has recently secured a further large interim payment. This will allow the client and his family to purchase a property, which can be adapted for his disability.

We can also act on your behalf if the ENS rejects your case. The ENS uses NHS lawyers to screen the cases. Barratts only deal with claims on behalf of patients, so we will be looking at the events from a different perspective. We recommend that you seek advice from us, even if your child’s claim has been rejected by ENS. A free screening service is available to help you.

Barratts can also advise you as to whether your child’s injury should have been reported to ENS. Julie is currently working with a family whose child suffered injuries in circumstances which fall within the ENS criteria. She is advocating for the family to establish that the Trust have an obligation to report the matter. This would mean the NHSR will then investigate and determine if there has been negligence. If the medical care was substandard it will ensure that the family receive a payment at the earliest opportunity. This is important because it can otherwise take many years to recover compensation for a client with cerebral palsy.

If you think your baby suffered brain injury many years ago, before the ENS was established, they may still be able to bring a compensation claim. It is always worth calling our clinical negligence team. We would always encourage clients to contact us as soon as possible if they think the medical care was negligent. An injury claim can usually be brought up to 3 years after the client’s 18th birthday (there are some exceptions to this rule). If the client lacks capacity to manage their affairs then they can even bring a claim after this period.

We are proud to be a small, niche firm with only specialist experienced solicitors, independently recognised on medical negligence panels and by legal guides. This means that you can be assured we have the right experience to advise you. Please contact us for a free initial consultation in relation to all clinical negligence claims and if you have any concerns in relation to injuries suffered by your child at birth. Our clinical negligence team will be able to talk with you confidentially and sympathetically about a possible negligence claim.

For more information about the Early Notification Scheme please read https://resolution.nhs.uk/services/claims-management/clinical-schemes/clinical-negligence-scheme-for-trusts/early-notification-scheme/support-for-patients-families-or-carers/

“Devastating Evidence” From Families at Inquests

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If you lost a loved one and had to represent your family at an Inquest it would be extremely stressful, and how would you know what to say and do? It’s even harder to imagine coping with this if the Inquest is covering a major incident involving multiple deaths. In almost every Inquest in these situations, there will be numerous barristers and solicitors representing the State or Company involved in the deaths. Our Personal Injury Solicitor, Ed Myers, faced this when he represented clients in the Marchioness disaster and terrorist attacks, such as the Soho bombing.

This lack of legal representation at Inquests for bereaved families has led to an investigation by MPs, who asked bereaved families to tell them about their experiences. One person who responded described the ordeal as “terrifying”. The report, out today, reveals a lack of equality and an outcome where justice is not properly served for those families. MPs are now asking the Government to change their 2019 decision not to increase funding for legal help at Inquests.

Here is  more information about the “hard hitting” report published today and response by the Charity, Inquest

https://www.lawgazette.co.uk/news/mps-urge-october-deadline-for-equality-of-arms-at-inquests/5108652.article

Spinal Cord Injury Awareness Day is Today!

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Barratts Solicitors are proud to be members and firm supporters of the Spinal Injuries Association (SIA) , especially today when we celebrate  Spinal Cord Injury Awareness Day (SCIAD) on Friday 21 May 2021. Together with their charity partners Aspire, Back Up and Spinal Research, the SIA will be working hard to raise awareness of spinal cord injury and highlight the challenges that spinal cord injured people face on a daily basis.

For over 30 decades, Barratts Solicitors have represented clients who have sustained spinal cord injury (SCI) either through an accident or due to clinical negligence. We have witnessed the challenges that our clients face after suffering a SCI, from the inaccessible accommodation and/or place of employment to daily painful spasms. A lack of available resources can mean the right equipment is not provided or that much needed rehabilitation is limited. Income is often lost due to difficulties continuing in pre-injury occupations and clients are left trying to navigate the ‘minefield’ of the benefits system.

The lives of the individual and their families are devastated and coming to terms with a SCI is difficult and complex for all concerned. However, we know that with the support of rehabilitation professionals, those with SCI can live a rewarding and happy life. The charities who support SCI make this possible and leading research developing equipment for SCI is continually advancing.

We all know that the pandemic in 2020/2021 has affected everyone, but those with SCI will have particularly struggled. That is why the SIA and other spinal cord injury charity partners will be looking at the impact of successive lockdowns and shielding measures which can manifest as feelings of isolation, frustration, being ignored, and mental ill health.  Look out for lots of posts today #SCIAD21.

Whilst at Barratts we will always fight hard for our clients to secure early interim payments to try and put in place much-needed help as soon as possible, such as accommodation and rehabilitation, we appreciate that interim payments are not always possible where liability remains in dispute. Recovery is also not just dependent on money; talking with another person with SCI and tips from someone who has experienced the same injury really can help. The SIA and their charity partners can provide guidance and support through the various services which they offer, and this can prove to be a lifeline for those with SCI.

For further information about Spinal Cord Injury Awareness Day and the services available through the SIA please visit their website  https://www.spinal.co.uk/

We would also encourage you to go to the SIA’s charity partner websites for invaluable information and support:

https://www.backuptrust.org.uk/

https://www.aspire.org.uk/

https://spinal-research.org/

 

Nottingham Maternity Services “Inadequate”

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The Care Quality Commission have downgraded Nottingham Maternity Services to “inadequate” following an unannounced inspection at the Queens Medical Centre and Nottingham City Hospital.  The inspection concluded that some staff  “did not always understand how to keep women and babies safe“.  Many of the problems arose due to staffing shortages or lack of training.  The Hospital Trust have subsequently confirmed that they are recruiting extra midwives.

Our Clinical negligence lawyers were sadly not surprised to read these findings.  We deal with many cases involving mothers and babies suffering serious injuries or losing their lives following failings in maternity care in our local hospitals.  This is devastating not just for the families but also for the staff involved.

There is a national “Early Notification Scheme” in place which requires hospitals to notify families if there has been a serious incident involving a birth injury. We will be reporting on this scheme in our future news and explain why some children with cerebral palsy and other serious conditions might be entitled to compensation. In the meantime, please urge the Government to properly fund healthcare to safeguard mothers and their babies.

https://www.bbc.co.uk/news/uk-england-nottinghamshire-55147561

If you need advice about birth injuries or trauma please get in touch with us. You can call us on (0115) 931 51 71 or send us an email.

Living With Spinal Cord Injury

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We have represented clients, paralysed by spinal cord injury (SCI), for over 30 years. These claims might involve arguments about liability, for example:

  • Was the Accident & Emergency Department negligent by sending away a patient with cauda equina syndrome?
  • Was the car driver partly liable for the accident by driving too fast?
  • Was the young man attacked in the street at fault for starting the fight, preventing him from recovering criminal injury compensation?

However, what is not in dispute is the severity and impact of SCI, both on the individual and their families. Part of our job is to gather evidence to prove how much it will cost to provide for a client during their lifetime. Sometimes these cases go to Court for a judge to decide how much compensation should be awarded. Evidence is set out in paper reports from many experts as well as statements from the client and their family. They can also give oral evidence at trial but it can never truly paint the full picture of living with SCI. This includes the mental health of clients as they come to terms with their new way of life.

How can you possibly understand such a life changing event which you have not personally experienced?  That is why we encourage you to view the very open and honest account of life after SCI in the recent BBC documentary, Being Frank; The Frank Gardner Story.

This programme shows just how much a person’s daily life is affected by paralysis in very frank terms (excuse the pun!). Many will recall that Frank Gardner was the BBC correspondent injured in an attack which killed his cameraman and which he nearly did not survive. It is inspirational but also down to earth.

In the programme, other SCI survivors detail the emotional impact on themselves and their partners. One of the images that stuck with us was Frank Gardner’s attempts to get to the studio in time for a live broadcast. Getting from A to B is a simple task for most of us but turned into such a dramatic moment as we worried “will he make it?”. For anyone using a lift, this programme should make you think twice!

Not all SCI patients have the chance to continue adventures abroad in quite the same way as Frank Gardner, and few would want to be carried into the jungle, but the positive approach to a such a serious injury is a lesson for us all. It also reflects the importance of allowing everyone with SCI to be as independent as possible. We are glad that maximising compensation for our injured clients has enabled them to do this; an example is a former doctor, whose story will be on our website soon  and who is equally inspirational.

 

Missed Chances To Save Diabetic Patient

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Julie Hardy, a clinical negligence specialist, was contacted by the family of Marie Henson. Marie was only 53 years old when she died from diabetic complications which were missed in the Newark Urgent Care Centre. Her family spoke of their loss and told local newspapers that their “wonderful mother should still be here”. It is tragic that so many chances to save Marie were missed and the family remain devastated by their loss. Type 1 Diabetes is a common condition and complications are usually easily diagnosed and are treatable but Marie was badly let down by health professionals.

The findings of the Coroner have just concluded, following an inquest looking into Marie’s care by Nottinghamshire Assistant Coroner, Dr Elizabeth Didcock. The family attended throughout the inquest and listened to the catalogue of errors when Marie could have been saved. Neglect was determined to be the cause of Marie’s death in 2019. Julie was able to support the family with the inquest as well as recovering compensation for Marie’s family.

Unusually, the Coroner also made recommendations to identify whether one of the treating doctors, Dr Palissery, was competent to work. He missed obvious signs of Marie’s deterioration, leading to diabetic keratosis and cardiac arrest. We hope that doctors learn from mistakes but the Coroner noted that Dr Palissery had not learned sufficiently from this tragedy.

The lack of involvement with specialists at King Mills Hospital and the need for them to train doctors at Newark Urgent Care Centre were highlighted at the Inquest. This is now under review.

Marie leaves behind her husband Kevin, 2 daughters and 3 grandchildren, who spoke movingly of their loss in the Newark Advertiser. Here is the article printed today

Marie Henson newspaper reports for website story

Best Clinical Negligence Lawyers in Nottinghamshire

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This was the independent finding of Chambers and Partners, which ranks firms all the over the world to identify the leading lawyers in specialist areas of law. This reduces the risk of placing your claim with an inexperienced solicitor and ensures you can rely on thousands of interviews carried out by Chambers to assess law firms.

One interviewee stated “This is the leading firm for clinical negligence in Nottingham.”. We are thrilled with this recommendation.

We are extremely proud that our clinical negligence department is the only law firm to be ranked top in Nottingham and surrounds. Chambers reports that we are a “Standout niche firm specialising solely in personal injury and clinical negligence matters. Dedicated team of senior practitioners offering advice to clients on diverse and complicated cases, including delayed diagnoses, negligent surgery, birth injuries and fatal claims. Regularly advises on mental health issues.

Particular praise goes to 2 of our senior lawyers:

Julie Hardy who was described as   “confident, expertly knowledgeable and very thorough.”

Emma Zukowska was “really impressive at handling the most complex and high-value claims.”

Our work covers all areas of medical negligence and inquests. Head of Department, Alison Brooks, believes our success lies in the niche team of 3 experienced solicitors ; they have the skills to give advice based on a combined knowledge of over 70 years acting in clinical negligence claims.

We continue to be the only firm we know of which has always been ranked in the top tier for our clinical negligence and personal injury work.

https://chambers.com/guide/uk?publicationTypeId=1&practiceAreaId=140&subsectionTypeId=1&locationId=16355

 

East Midlands Top Tier for Personal Injury and Clinical Negligence

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We are delighted to share the news that Barratts are again in the Legal 500 top ranking for our personal injury and clinical negligence work. For those who do not know about Legal 500, it carries out research with clients, experts, counsel and other professionals outside our firm to find out who are the best solicitors for personal injury and clinical negligence.

We think we are the only firm to be named in the top tier for injury litigation every year since we began. Barratts would like to thank all our hard working staff who have continued to do their very best for clients during this difficult year. Our teamwork has really helped but we do miss working together in person.

We also would like to thank our amazing  clients for speaking so highly about our services. We aim to continue in the top tier year on year by relying on our small, unique team of experienced lawyers to guide clients through their injury claims with empathy, practical advice and the minimum stress.

If you think you may have been injured at work, on the roads or through no fault of your own then please contact our personal injury solicitors for more advice. We also offer expert support for medical claims and can help review your medical records to see if there has been any clinical negligence that is worth investigating. We can help if you need representation at an Inquest. If you are the victim of a criminal attack, our criminal compensation team also help those injured after being assaulted. Our specialist lawyers are happy to talk with you to advise if your claim is worth pursuing.

If you want to know more about our reputation, look no further than the latest recommendation by Legal 500 for our firm.

https://www.legal500.com/firms/235-barratts-solicitors/2510-nottingham-england/#section-111969

Bereavement Damages Increased

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We often act for families in fatal claims. It can be very shocking for them when we explain how little compensation is awarded for the loss of their loved one. Until recently we also had to tell partners living together that no compensation was payable for pain and suffering. We are pleased this has now changed.

The reason for low bereavement damages in the UK is because the Government argues they are only a token sum for a limited group of claimants. However, we can announce that the amount of compensation has recently increased in line with inflation. The award for pain and suffering is now £15,120, starting from 1st May 2020. The call for higher damages and for more people to be entitled to claim has been rejected by the Government.

The Commons Human Rights Committee, chaired by Labour’s Harriet Harman, said further examples of discrimination remain. We hope there will be more changes in the longer term. We meet families with many different relationships and situations and support the need to reflect this in the awards of damages that are recovered.

For more details you can read the full article in the Law Gazette.