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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/

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

 

£35,500,000 compensation for David’s clients in 7 months

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We are a modest group of lawyers at Barratts but we had to shout out about our amazing personal injury solicitor, David Tomlinson.

With over 35 years experience helping clients with serious spinal cord and brain injury, this is the highest ever compensation achieved by David in any year. The high awards reflect the needs of David’s clients for significant long term help throughout their lives.

David has settled 35.5 million pounds worth of cases over the last seven months for clients who have suffered spinal cord injury or brain damage in accidents. David, who was previously the Secretary of the Spinal Cord Special Interest Group of the Association of Personal Injury Lawyers, and who has been handling major compensation claims for the last 36 years said:

“Whilst the headline figure of 35.5 million pounds over the course of the last seven months is a huge figure and will enable those clients whose cases have been settled to have financial security for the rest of their lives, what I have been most proud of throughout these claims is the extensive rehabilitation that went alongside the litigation process. All of these clients benefited extensively from therapies, specialist equipment, adaptation of specialist accommodation, the provision of care and specialist case management.”

It’s making this difference for clients’ futures which gives David such job satisfaction. If you would like to talk to David or one of our other lawyers about your situation, please get in touch with us. You can call us on (0115) 931 51 71 or send us an email.

All Barratts’ Partners Recognised For Personal Injury And Clinical Negligence Work

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Chambers is a highly reputable independent legal guide which ranks firms all over the world. In Nottinghamshire we are proud to be named as one of only 2 firms recognised for Personal Injury and Clinical Negligence claims. Barratts only has senior expert lawyers to handle this extremely complex area of law which means clients have a dedicated, specialist lawyer to advise throughout their compensation claim . This is vital for clients facing one of the most traumatic times of their lives coping with brain injury, spinal injury, cerebral palsy and fatalities.

Our partners have again all been individually recognised for their expertise which is an amazing achievement. Here is what Chambers reported:

Personal Injury Department

Sources praise department head Ed Myers for delivering an “excellent service.” He is an experienced practitioner in brain and spinal injury claims, as well as representing clients in CICA cases.

David Tomlinson is recognised as “a go-to person for top-value claims.” He is noted for acting in highly complex claims involving catastrophic injuries resulting from RTAs.

Clinical Negligence Department

Alison Brooks has experience in medical negligence inquests and cerebral palsy cases. Sources are impressed by her “good technical knowledge and experience, clear instructions and focused follow-up.”

Julie Hardy is “outstandingly personable, an extremely good communicator, very tenacious and a delightful person all round,” according to interviewees. Hardy demonstrates expertise in fatal incidents relating to mental health and negligent care cases, as well as high-value birth injury and surgical negligence matters. She is valued by clients for being “passionate about reaching the right outcome,” with one source adding: “She made it very easy to get through the case and had my best interests at heart at all times.”

The “immensely supportive, calm, organised and informative” Emma Zukowska demonstrates expertise in complex birth injury and surgical error cases. Interviewees also note: “She has very good medical and legal knowledge, as well as good judgement.”

Thank you!

Thanks go to all our hardworking staff who make it possible for us to support our clients coping with traumatic injuries. We also recognise the extraordinary clients we have met over many decades who not only cope with adversity but manage to overcome appalling circumstances. Compensation does help to rebuild lives by putting therapy, care and treatment in place. We are a small piece of that puzzle but making a real difference is what keeps our lawyers fighting for injured clients.

Top for Personal Injury and Clinical Negligence Again

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Legal 500 is an independent guide of law firms all over the world and recognsied as a benchmark for quality. Each year law firms are judged on their work by asking what their clients and other professionals think of them. Barratts Solicitors has consistently been ranked top for claimant personal injury and clinical negligence work. We know how important the views of our clients are which is why we never take our top ranking for granted. We can only stay at number one with an expert team of lawyers and dedicated staff to provide top quality advice every year.

Consistency

Barratts always wanted to stand out from the crowd, putting client needs 1st and offering a very personal service from a small niche firm. We are delighted that our client approach continues to be recognised by Legal 500 whose staff spend many hours ensuring only the best lawyers are named in their top tier. Many firms apply to be ranked but few are named and even less come top every year. Making a real difference to the lives of our injured clients is paramount. It is a privilege to help seriously injured clients maximise their quality of life and reach their potential, working with families during litigation and after compensation has been awarded.