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May 05, 2010

Home Birth – Safe Birth?

An increasing number of women are choosing home birth, the perception being that it is safer, cleaner and a better birthing experience. In some circumstances this can be true and after careful consideration by a doctor or a midwife this service can be offered through the NHS. However, some women are turning away from the perceived failures of the NHS and putting their trust into independent midwives.

Whilst some women are getting the experience they hoped for, others are not. In one recent high profile case, the independent midwife who delivered J K Rowling’s two children recorded a high foetal heart rate of 190 beats per minute, over 30 beats over the accepted safe rate, and yet failed to act upon this result. Instead, she continued with labour as normal and only checked the heart rate again after another hour had passed. Eventually, having recorded a dangerously high foetal heart rate on 5 occasions and realising the baby was in the wrong position, an ambulance was called for and the independent midwife then left the mother to wait for the arrival of the paramedics alone.
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April 23, 2010

An Accident at Work?

Common accidents these; especially in industries such as construction, or jobs with a great deal of manual handling. But whether you’ve tripped on some plastic tie-wrapping in the warehouse, or the scaffolding at the building site was not secure when you walked over it and your legs in a cast now, we specialist injury lawyers are here to help you! So how does it work?

Insurance

Its more than likely that your employers have an insurance policy in place to cover their employees in case they sustain an injury at work! Usually it’s referred to as an employers liability insurance policy – and it’s there to be used in case you ever need to claim from your boss for damages! So you should feel free to claim from it if you’ve been injured in an accident that was not your fault!
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April 13, 2010

Holidays from Hell – & the £5m Claim Against First Choice!

Accidents abroad – so how do they work? You may or may not know that most of us specialist personal injury solicitors can only really deal with claims in the UK – but we can in the majority of instances deal with accidents abroad on holidays! So how does it work?

Well, if you have an accident abroad on holiday, which was booked through a package holiday, and the accident occurred on premises inclusive on the package, or perhaps during an activity included or related to the package, then you can in most cases actually claim against the package holiday provider!

Its covered under (see if you can guess the name!) The Package Travel, Package Holidays and Package Tours Regulations 1992 (www.opsi.gov.uk), and it’s a key pieces of legislation us lawyers need when it comes to pursuing this type of claim on behalf of the client.
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April 08, 2010

Had an Accident? Who You Gonna Call?

Certainly not one for the Ghostbusters! But when you’ve had an accident and you want to claim for the compensation you are legally entitled to recover, or you want advice on claiming, it’s an important question to ask. Who should you call? Well that’s completely up to you…

So you want to claim or you need advice – decisions decisions! There’s so many companies out there offering you so much; it’s a hard decision to make – probably as hard as deciding who I’m going to vote for in the election this year! So here’s a list of things you should tick off as part of the decision making process!
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March 19, 2010

Claiming For Psychiatric Illness : The Legacy of the Hillsborough Disaster

One of the blackest days in recent sporting history happened in April 1989 at Hillsborough Stadium during an FA Cup tie between Liverpool and Nottingham Forest when officers with South Yorkshire Police caused the stands where spectators were sitting to become overcrowded which in turn caused 95 people (mainly Liverpool Supporters) to be crushed to death.

One the outcomes of this was a case called Alcock v Chief Constable of South Yorkshire which was heard at the House of Lords and is relevant in dictating who is allowed to bring a claim for psychiatric illness.
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March 19, 2010

The Duties of Professionals – What You Should Expect

At some point in all our daily lives we deal with professionals whether it be our local doctor or solicitor. In today’s blog post I will provide a review of the case which dictates (in legal terms) the level of service you should expect from professionals.

The case is Bolam v Friern Hospital Management Committee, and the facts of it were that the Claimant (Mr Bolam) was suffering from acute depression and was undergoing electric shock treatment to treat this. The unfortunate effect of this for Mr Bolam was that it caused him to have muscle spasms which were so severe it caused his pelvis to be fractured. As a result Mr Bolam sued the hospital treating him and argued that:
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March 18, 2010

There’s A Snail in My Ginger Beer Bottle!

The basic legal principles as to how you can bring a claim for injuries (particularly in product liability claims) were set down in the House of Lords back in 1932 some 78 years ago. Today’s article looks back at this case and how it still is relevant today.

The case stemmed from Mrs Donoghue visiting a cafe with her friend in Paisley. Her friend bought her a ginger beer float (which is a glass of ginger beer with ice cream floating on top) importantly the contents were contained in an opaque bottle. Mrs Donoghue proceeded to take a sip from the bottle and then when her friend topped up the drink the remains of snail came out of the bottle. As a result Mrs Donoghue said the sight of it made her ill.
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March 12, 2010

Help! I’ve been in a Car Accident!!!

I mentioned in my latest article (Dangerous Dozing Drivers) that road traffic accidents are not uncommon – and we at The Injury Lawyers take on a great deal of new road traffic accident claims on a daily basis. But what should you do if you have been in an accident that wasn’t your fault? Well here’s a little friendly advice for you: –

1. Don’t Panic!

I know – this is a lot easier said than done! And of course is rather circumstantial if you have been involved in a big car accident… But try not to panic and try to remain calm. It’s likely you are in shock from the impact, and may be feeling a little dazed and unsure what to do. This is probably the hardest part – but if you can keep your head together, then the next steps might be a little easier.
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March 09, 2010

Air Traffic Control: Childs Play, Apparently…

I don’t know about you, but I can sympathise with anyone who has ever been a little nervous stepping on to a plane. Let’s put it into perspective; that massive white metal barrel your stepping in is going to be flying tens of thousands of feet off the ground! So you’d like to think that airlines and airports take safety very seriously. But according to two separate report s from the BBC, we may not be as safe as we think…

According to a recent report from the BBC, a Swedish pilot was arrested by Dutch police just moments before he was to take off in a jet from Amsterdam to Turkey carrying 101 people – without a license! (source)

According to Turkey’c Corendon Airlines, the unnamed 41 year old mad has been flying for the airline for two years, and were quoted to have said the perjurious pilot “expertly misled the company with his false papers”. The man in question once had a license to fly small planes, however this was overdue, and doesn’t really  stand as much comfort for anyone to be honest either! According to the report, the man was “relieved his long deception was uncovered and tore off his pilot’s stripes in the cockpit.” He is now rightly in police custody  awaiting trial.
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March 09, 2010

The Parental Indemnity Trap

Today’s blog entry is aimed at those readers who are parents and serves as a warning of how the responsible party’s insurers can put you at risk if your child is involved in an accident that wasn’t their fault.  To put this into some context I will provide a quick capsule review at how you can claim on behalf of your child if they are injured in an accident.

The usual way of claiming is that your solicitor will appoint you to represent your child’s interests and you will be their point of contact with the solicitor. If your child’s claim is accepted they will have a medical appointment with a consultant who then prepares a report that your solicitor sends to a barrister who will value your claim. The next step is for court proceedings to be issued so as a judge can conduct a hearing to determine the level of your child’s compensation which should then be held on trust until they are eighteen and old enough to decide how they want to spend it.
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