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News article(s) pulled through to homepage.

Thank You

April 28, 2022/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

Julie Hardy was surprised to receive a lovely, personal gift from a grateful client this week. Julie had recently settled a clinical negligence case for her client, who arrived with a gift of home made Easter chick biscuits and beautiful knitted rabbits (with chocolate eggs inside) . We were all pleased too, as there were lots to share around our staff! We are lucky to have such a talented client who can bake and knit and took so much time to make these presents.

It goes without saying that we love doing our work and, when this is appreciated by clients, it makes it even more worthwhile. We always aim to provide the highest standards for clients and this is only possible because of the amazing team who work at Barratts. They make a real difference to the future lives of those injured by negligence. We are so pleased when one of our expert clinical negligence solicitors is recognised by a client for the help they provided during litigation.

Thank you also to Julie for sharing her delightful present with everyone at Barratts.

Pulmonary Embolism – why you need to act quickly.

January 7, 2022/in Clinical Negligence News, Frontpage News, Inquest News, News /by Alison Brooks

In 2018  Paul* contacted Alison Brooks to investigate a claim following the death of his wife, Mary*, in December 2017. She was only 64 years old and had died because of an undiagnosed Pulmonary Embolism (“PE”). This is when a blood clot develops in a pulmonary artery, often when the clot has started as a DVT in the leg. It is easily treatable because anti coagulants are given which break down the blood clot.

Paul knew about Legal 500, an independent legal guide which recommends lawyers in the UK , who are experts. Paul contacted Barratts Solicitors, because we are ranked in the top tier for clinical negligence claims, and asked Alison to help him investigate the death of his wife. He knew that he needed someone with experience to help, as the GP involved in Mary’s care, had denied that he had done anything wrong.

The Facts

In October 2017, Mary had undergone foot surgery and was recovering from the operation but, on 1st December, she began to feel breathless. Paul called the GP surgery and Mary was seen by a doctor who carried out some tests. Despite noting that PE was a possibility, he decided that Mary probably had bronchitis, a condition she had previously suffered from, and prescribed antibiotics.

Mary continued to feel unwell but believed she would soon feel better with the antibiotics. Tragically, in the early hours of 3rd December, Mary collapsed from a huge Pulmonary Embolism. Paul was trained in First Aid and tried to resuscitate his wife, but it was too late, and nothing could be done to save Mary.

The Claim

Paul wanted to ensure that the GP would not make the same mistake again, but the GP did not accept that his assessment of Mary had been negligent. Alison recognised that Paul was also suffering because of the traumatic circumstances of Mary’s death and might be able to claim compensation for his psychiatric illness. This is called a “secondary victim” award and can be hard to prove in medical cases because of restrictions in the law, which limit who can make a claim.

Paul was also suffering financially as he had his own health problems and relied on Mary to look after him. A claim for the support, that Mary would have provided to Paul, was made, as well as an award for her pain and suffering and funeral costs. When someone dies, the Government also sets a fixed amount for bereavement damages. This was £12,890 under the Fatal Accidents Act 1976 for deaths before 1 May 2020.

The Defence

A claim was issued against the GP who saw Mary on 1st December. We argued that the Defendant:

  • Should have carried our further tests for PE, at home or in hospital – the Wells score was developed by NICE (the National Institute for Clinical Excellence) and any result over 4 means a PE is likely; Mary’s score was 4.5.
  • Failed to properly inform Mary and her husband that Pulmonary Embolism was more likely than a chest infection and was potentially fatal if left untreated.
  • Did not follow up with Mary and falsely reassured her by prescribing antibiotics.

The Defendant argued that he did not refer Mary to hospital because she had refused to go in for treatment. A small note in the GP records stated:

Plan; offered admission for PE -patient declined.

The Defendant tried to rely on this entry, but we believed that a Court would not have accepted this defence because:

  • Mary had not refused medical treatment before and it would have been irrational for her to refuse admission to hospital, for a potentially fatal condition, if properly informed.
  • Paul was present during the examination, and the ambulance records showed that he also believed Mary just had a chest infection.
  • A GP with a patient refusing life threatening treatment would have made a very full note to explain the patient’s decision but the Defendant’s note was sparse.
  • If the Defendant was correct, Mary could still have been treated in the Community without going to hospital but the GP did nothing.

The Defence agreed that Mary would have survived if admitted to hospital any time on 1st December. This meant the case would succeed if we could show the GP had not provided a reasonable standard of care.

The GP continued to defend the case but we proposed a settlement meeting in 2021 and were able to settle the case with very little deduction for the risk of losing the case at Trial. This indicated that the Defendant’s advisers probably took a similar view to us about the case.

This has been a very difficult few years for Paul. He will never forget Mary; they were married for 18 years. Paul was disappointed that the GP never admitted any fault for Mary’s death, but he has recovered from his own psychiatric illness and has a new partner. Paul agreed to share this story as he wanted to highlight the risks of DVTs and Pulmonary Embolisms for others, in the hope that someone else recognises the signs and can be treated before it is too late.

*Please note that the clients’ names have been anonymised.

Thirty Years And Continuing….

December 15, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

Thirty years ago, David Tomlinson, Malcolm Goff and Jill Barratt decided to set up a Claimant injury litigation law firm with a difference. Their ambition was to offer a personal service, focused only on injured clients and their needs. This was achieved by ensuring that clients were advised by specialist lawyers who were experienced in claims arising from an accident or due to medical negligence, with the same senior lawyer dealing with the claim from start to finish.

Since it was established, Barratts has been ranked number 1, every year, in the independent legal guides, Legal 500 and Chambers, for our work in the fields of clinical negligence and personal injury.

Ed Myers and Alison Brooks joined over 20 years ago and became partners in the firm, helping to develop the personal injury and clinical negligence departments. Malcolm and Jill retired some years ago but the same ethos of client care from a small, dedicated firm, continued under the leadership of David, Ed and Alison. The firm’s services were expanded to include Court of Protection work for injured clients, as many wanted Barratts to continue to support them once their claim settled.

After decades of hard work by David and Ed, both have decided to reduce their work loads; in October 2021, they stepped down from the management of the business to concentrate on personal injury advice for clients. We are extremely fortunate that both remain working as partners in the business, acting for a smaller number of clients.

Alison was determined to continue the unique approach of  Barratts and knew that many clients chose Barratts because it felt more like a family run firm. It therefore made sense that Alison turned to a long standing colleague, Ross Brain, who had worked with Alison in London. Ross is former head of a large claimant clinical negligence department at a London firm. He has also spent time developing his business and management skills through other ventures, which made Ross the ideal candidate to work alongside Alison and all the staff.

Ross and Alison have embraced this opportunity to build on the firm’s reputation, with help from our loyal and experienced staff, many of whom have worked at Barratts for decades. We could not ask for a better team of lawyers and staff; they continue to fight for injured clients and to help them rebuild their lives following injury. We are extremely excited about the future of Barratts and to be able to continue the formidable legacy which started 30 years ago. The partner led service remains a unique part of our approach and, together, we have over 200 years combined experience to draw upon.

We are proud to have been described as one of the best firms in the country for personal injury and clinical negligence work. We would like to thank all our staff over the years, who have helped us to achieve such a remarkable standing for our claimant injury work.

 

 

 

Mental Health After Spinal Cord Injury

December 7, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

When someone is told they have a spinal cord injury, they need to come to terms with this psychologically as well as physically. Having a spinal cord injury has been especially hard during Covid and the Spinal Injuries Association (“SIA”) have just produced a report addressing the mental health needs of those affected by spinal cord injury and the additional challenges they face.

The SIA report, titled “It’s Not Just Physical”, involved research by the SIA with the Universities of Reading and Buckingham. The SIA recently had a fundraising event, the Gunpowder Ball, where a video from Donna Tuzul was shown. This is a film about life after Cauda Equina Syndrome and shows how the SIA helped Donna. Our clients have been supported by the SIA; their fantastic mentoring service is provided by others with SCI, who are more able to relate to how the person is feeling, having been through a similar pathway themselves. The SIA counselling service was “phenomenal” for Donna and highlights the importance of addressing mental as well as physical health.

The report also considers feedback from family members as well as those living spinal cord injury.  Did you know that someone with spinal cord injury is 3 times more likely to consider suicide and 47% report mental health problems? Nik Hartley, CEO of the SIA, has called on the Government to do more. The SIA is asking “the NHS, government and other health policy makers to provide better mental health support services for SCI people – and their unpaid carers – as a matter of urgency.”

Nik Hartley, SIA’s CEO highlighted:

“We are at risk of failing thousands of people in the UK living with a spinal cord injury. Our new report highlights that psychological damage caused by a SCI is, at best, considered as an afterthought, and at worst, completely ignored by the medical profession. We need urgent action and for services to be sufficiently specialised to support the thousands of people living with this type of injury before it is too late.”

For more news about this important research on the mental impact of living with spinal cord injury, read:

https://www.spinal.co.uk/news/not-just-physical/

Barratts are proud to be recognised by the SIA as specialist spinal cord injury solicitors, with expertise in helping people make claims after accidental spinal injury or negligence. For over 30 years we have acted for clients with SCI including missed cases of Cauda Equina Syndrome, road traffic accidents and accidents at work. If you need advice about SCI and think you may have a claim for clinical negligence or personal injury please contact our specialist teams.

Charities at Christmas

November 30, 2021/in Frontpage News, News /by Alison Brooks

We know how important it is for charities to secure funding, and this year is no exception. Barratts has again decided to donate to charity instead of sending Christmas cards this year. We are pleased to be supporting 2 charities, which have both been very involved in helping our clients.

Our 1st donation is to Nottingham Headway. Ed Myers, in our Personal Injury Department, is former Chair of Trustees for this charity and Nottingham Headway was the 1st Headway support group set up in the UK; their team continue to work tirelessly to help clients cope with brain injury, as well as supporting their families to adjust. Brain injury is often known as the “silent” injury because, on the face of it, someone may not appear to have any significant long term problems. All Headway groups around the UK know differently, with brain damage causing problems with memory, concentration, emotions, speech and initiating tasks. A simple job of making a cup of tea can be confusing, as the brain has to learn new tasks again. Nottingham Headway provides vital support to help clients recover as much as they can. We are delighted to include them as one of our chosen charities this year.

https://www.headwaynottingham.org.uk/

Barratts have also supported the Spinal Injuries Association for many years; we are especially pleased to have contributed as part of their Big Give Challenge 2021, so our donation has been doubled. The SIA has been a lifeline for so many of our clients after spinal cord injury (SCI) , whether SCI is the result of trauma or clinical negligence. The SIA website profiles Zoe Fox, who talks movingly about how she has dealt with spinal injury following cauda equina syndrome. We would encourage you to watch this video.

https://www.spinal.co.uk/hospital-to-home/

On behalf of all at Barratts, we wish everyone a peaceful Christmas and a healthy 2022. Please consider donating to charities this year; their work makes such a difference to the lives of so many.

 

Top For Clinical Negligence and Personal Injury

October 29, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

In our 30th year, Barratts are delighted that legal guide, Chambers & Partners https://chambers.com/legal-guide/uk-1, have ranked us in their 1st band for both Personal Injury and Clinical Negligence. We believe we are the only firm to have been named top for personal injury and medical claims by both Chambers and Legal 500 https://www.legal500.com/united-kingdom-solicitors/  every year since the firm began 30 years ago.  Read more

CELEBRATING BARRATTS REVIEW BY LEGAL 500

October 1, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

Legal 500 is an independent legal guide, which reviews law firms all over the UK and abroad to identify leaders in their field. Each year, Barratts has been included for personal injury and clinical negligence advice for Claimants. Each year, Barratts has been ranked in the number 1 tier, an achievement which no other East Midlands litigation firm has matched in the last 30 years. Read more

Promotions at Barratts

September 23, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

We are delighted to announce that two of our senior lawyers have become Partners from 1st September 2021: Read more

NHS EARLY NOTIFICATION SCHEME FOR BIRTH INJURIES

July 22, 2021/in Clinical Negligence News, Frontpage News, Uncategorized /by Alison Brooks

 

Exterior of NHS building

In April 2017 the NHS launched the NHS 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. Read more

“Devastating Evidence” From Families at Inquests

May 27, 2021/in Clinical Negligence News, Frontpage News, News, Personal Injury News /by Alison Brooks

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. Read more

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News

  • Thank YouApril 28, 2022 - 3:02 pm
  • Legal advicePulmonary Embolism – why you need to act quickly.January 7, 2022 - 10:56 am
  • Straight road with future datesThirty Years And Continuing….December 15, 2021 - 11:07 pm
  • Spinal injury or painMental Health After Spinal Cord InjuryDecember 7, 2021 - 11:38 am
  • Guidance, Assistance, Support signpostCharities at ChristmasNovember 30, 2021 - 3:53 pm
  • Number 1 in a starTop For Clinical Negligence and Personal InjuryOctober 29, 2021 - 1:43 pm
  • Legal 500 top tier 2021CELEBRATING BARRATTS REVIEW BY LEGAL 500October 1, 2021 - 12:55 pm
  • QualityPromotions at BarrattsSeptember 23, 2021 - 12:24 pm
  • Disabled boy in a wheelchair on the beachNHS EARLY NOTIFICATION SCHEME FOR BIRTH INJURIESJuly 22, 2021 - 6:17 pm
  • Barratts solicitors news“Devastating Evidence” From Families at InquestsMay 27, 2021 - 2:38 pm
  • Wheelchair rugbySpinal Cord Injury Awareness Day is Today!May 21, 2021 - 1:22 pm
  • Disabled boy in a wheelchair on the beachNottingham Maternity Services “Inadequate”December 9, 2020 - 7:51 pm
  • Girl living with spinal cord injury needs a wheelchair in a carLiving With Spinal Cord InjuryNovember 18, 2020 - 6:33 pm
  • Nottingham Coroner's CourtMissed Chances To Save Diabetic PatientNovember 12, 2020 - 5:08 pm
  • ConsistencyTop Tier for Personal Injury Litigation in NottinghamshireOctober 29, 2020 - 12:43 pm
  • Number 1 in a starBest Clinical Negligence Lawyers in NottinghamshireOctober 29, 2020 - 12:14 pm
  • Legal 500 top tier 2021East Midlands Top Tier for Personal Injury and Clinical NegligenceOctober 7, 2020 - 5:05 pm
  • Signpost to help, support, advice, guidanceCosts At Inquest RecoveredSeptember 29, 2020 - 5:26 pm
  • David Tomlinson lawyer, Barratts Solicitors£35,500,000 compensation for David’s clients in 7 monthsAugust 25, 2020 - 9:32 pm
  • injury prevention week - car reversing lights awareness campaignAPIL’s Pedestrian Safety CampaignAugust 7, 2020 - 10:03 am
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