Personal Injury Archives | Kidd Rapinet

To what extent do you think that the recent pandemic has caused or contributed to a rise in clinical negligence cases?

Kidd Rapinet — Fri, 16 Jun 2023 15:02:44 +0000

The recent pandemic has undeniably had an impact on the healthcare system and could potentially contribute to a rise in clinical negligence cases. However, it is essential to approach this topic with caution, as it requires careful analysis of various factors and data to make accurate assessments. Here are some points to consider:

Increased pressure on healthcare systems: The pandemic has placed unprecedented strain on healthcare systems worldwide. Overwhelmed hospitals, shortages of staff, and limited resources can potentially increase the likelihood of medical errors and adverse outcomes. The combination of high patient volumes and healthcare providers working under immense stress may lead to an increase in clinical negligence claims.
Changes in healthcare delivery: To accommodate the surge in COVID-19 cases, healthcare providers had to adapt quickly, such as repurposing facilities, reallocating resources, and modifying treatment protocols. These changes, although necessary, may have introduced unfamiliar circumstances and potential for errors. Additionally, the shift towards telehealth consultations during the pandemic could have its own unique challenges and potential for misdiagnosis or inadequate care.
Delayed or disrupted healthcare services: Many non-urgent medical procedures and appointments were postponed or cancelled during the pandemic to prioritize resources for COVID-19 patients. Delays in diagnosis or treatment could potentially result in adverse health outcomes and, in some cases, lead to claims of clinical negligence.
Increased awareness and public scrutiny: The pandemic has significantly heightened public awareness of healthcare-related issues and the potential for medical errors. The extensive media coverage and public discussions around COVID-19 treatment, vaccinations, and safety protocols may have contributed to a greater willingness to question and challenge medical decisions, leading to an increase in clinical negligence claims.

It is important to note that while these factors suggest a potential increase in clinical negligence cases, it would require thorough analysis of data and legal trends to draw definitive conclusions. Additionally, the pandemic’s impact on the legal system, court backlogs, and the availability of legal representation should also be considered.

Ultimately, a rise in clinical negligence cases would need to be assessed on a case-by-case basis, taking into account the specific circumstances, evidence, and applicable legal standards.

This article has been brought to you by Vashti Prescott, a personal injury lawyer at Kidd Rapinet Solicitors Canary Wharf, who is registered as a Senior Litigator with the Association of Personal Injury Lawyers (APIL), Pan European Organisation for Personal Injury Lawyers (PEOPIL) and an Accredited member of the Law Society Personal Injury Lawyers. You can reach Vashti using the form provided or call 0207 265 5486.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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Access to Justice: Fixed Recoverable Costs

Kidd Rapinet — Fri, 16 Jun 2023 15:01:09 +0000

If you commence a civil claim in the County Court which has a financial value of more than £10,000 but less than £25,000 it will most likely be allocated to the “Fast Track”.

From the 1st October 2023 Fixed recoverable costs will be extended across the fast track with a new intermediate track for simpler cases valued up to £100,000.

The extension of fixed recoverable costs across the fast track, along with the introduction of an intermediate track for simpler cases valued up to £100,000, can have both positive and negative implications for litigation and access to justice.

One potential benefit of this change is that it provides more predictability and certainty in legal costs for parties involved in litigation. Fixed recoverable costs set predetermined limits on the amount that can be claimed for legal fees, reducing the potential for excessive or disproportionate costs. This can make the litigation process more efficient and affordable, particularly for smaller cases. It also allows parties to assess the potential costs and risks before proceeding with a claim, which may encourage settlement and alternative dispute resolution methods.

Additionally, the introduction of an intermediate track for simpler cases can help expedite the resolution of disputes that fall within this value range. By providing a dedicated track for these cases, it aims to streamline the litigation process, ensuring that they are dealt with more efficiently. This could potentially lead to faster and more accessible justice for individuals and businesses involved in such cases.

The disadvantages are that in some cases the costs incurred to either bring a case or defend a case can be quite significant. If you are not going to be able to recover these costs from your opponent (because your entitlement to costs are going to be “fixed”) this may well deter parties from seeking justice by either defending or bringing a claim, that they otherwise would have.

In particular, the fixed costs regime will extend to housing claims. If vulnerable families facing eviction feel that they are unable to take the necessary legal action to secure their homes (because they are unable to find a lawyer who will take their case on a “fixed fee” basis and they are unable to pay for legal assistance privately) then local authorities will find themselves faced with an avalanche of homelessness applications.

There is also the risk that fixed costs would for the first time apply to clinical negligence claims. Fixed costs have applied to personal injury claims for a number of years now, but never to clinical negligence claims. Personal injury lawyers have had to compensate for the significantly reduced fees that fixed costs offer them by charging a success fee – which is usually 25% of their client’s damages. Clinical negligence claims are complex. The need to establish breach of duty and causation in order to successfully bring a claim can mean that the Claimant has to obtain reports from a number of different medical experts. The costs for even very modest claims can be significant. If fixed costs are now brought in to clinical negligence cases, vulnerable Claimants may find themselves unable to find a clinical negligence lawyer to take their case on – or if they do, may find that a huge percentage of their damages are eaten up in legal costs. This is a huge concern. Fixed costs will not work in clinical negligence cases.

My own opinion is that access to justice will be compromised.

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Pain Disorders in Personal Injury Claims

Kidd Rapinet — Fri, 16 Jun 2023 14:59:14 +0000

A personal injury lawyer will often see in cases reference to “somatoform disorders”, “complex regional pain syndrome” and “fibromyalgia” – but what do they mean ?
Somatoform disorders, complex regional pain syndrome (CRPS), and fibromyalgia are all medical conditions that involve chronic pain and have distinct characteristics and diagnostic criteria. Here’s an overview of each condition and their differences:

Somatoform Disorders: Somatoform disorders are a group of mental health conditions in which individuals experience physical symptoms that cannot be fully explained by an underlying medical condition. These symptoms are not intentionally produced or feigned. Instead, they cause significant distress and impairment in functioning. Examples of somatoform disorders include somatic symptom disorder, illness anxiety disorder, and conversion disorder. The focus of these disorders is on the psychological factors underlying physical symptoms.
Complex Regional Pain Syndrome (CRPS): CRPS, previously known as reflex sympathetic dystrophy (RSD), is a chronic pain condition that typically affects one limb, often after an injury or trauma. It is believed to involve dysfunction of the peripheral and central nervous systems. Symptoms of CRPS include intense pain, swelling, changes in skin colour or temperature, and limited range of motion. CRPS is characterised by disproportionate pain compared to the initial injury, and it can cause significant physical and functional impairments.
Fibromyalgia: Fibromyalgia is a chronic pain disorder characterized by widespread musculoskeletal pain, fatigue, and tenderness at specific points on the body called tender points or trigger points. Individuals with fibromyalgia may also experience sleep disturbances, cognitive difficulties (often referred to as “fibro fog”), and mood disturbances. The exact cause of fibromyalgia is unknown, but it is believed to involve abnormalities in the way the central nervous system processes pain signals. It is often diagnosed based on a combination of symptoms and physical examination findings.

While all three conditions involve chronic pain, they have distinct differences:

Somatoform disorders are primarily mental health conditions characterized by physical symptoms that cannot be fully explained by an underlying medical condition. The focus is on the psychological factors contributing to these symptoms.
CRPS is a specific chronic pain condition that typically affects one limb, often after an injury. It is characterised by intense pain, swelling, and changes in skin colour or temperature.
Fibromyalgia is a chronic pain disorder characterised by widespread musculoskeletal pain, fatigue, and tender points on the body. It often involves sleep disturbances and cognitive difficulties.

It’s important to note that diagnosing these conditions can be complex. Among the healthcare professionals a multi-disciplined approach is required in order to make an accurate diagnosis. Rheumatologists, pain specialists and neurologists willoften need to consult.

When these disorders present themselves in a personal injury claim it can be very distressing for both the Claimant and the lawyer. The Claimant is clearly in pain and has no idea why they are experiencing the pain. There is rarely an early diagnosis as the investigation procedure is usually very long and drawn out. The Claimant usually feels that they are being pushed from pillar to post without anyone really telling them what is happening to them.

From the lawyers point of view there is still a “stigma” attached to these disorders – particularly somatoform disorders. There is usually an inference from the Defendant (or sometimes an outright allegation) that the Claimant is “making up” their symptoms in order to string the litigation process along and gain a higher level of compensation that they would otherwise be entitled to.

With fibromyalgia, some medical professionals do not even believe that the condition exists. It is easy if you have a broken bone to account for ongoing pain, but much more difficult where there has been a mild soft tissue injury which has developed into chronic widespread pain – not just at the original point of injury – but throughout the whole body. Doctors do not recognise pain they cannot see or diagnose. Again, the inference is usually that the Claimant is deliberately malingering or it is “all in the mind” (and therefore not “real”). Many doctors would rather diagnose the condition as somatoform disorder than say it is “fibromyalgia”.

The same can be said with CRPD. The fact that the pain continues long after the injury has healed (ie the broken arm or wrist) raises questions as to whether the Claimant is malingering in order to maximise their compensation.

The secret to succeeding in bringing claims for these disorders lies in ensuring that you have a good personal injury lawyer, who will instruct the right experts who will follow a step by step approach to identifying the disorder – usually by a process of elimination – and then putting together a multi-disciplined treatment programme.

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Will artificial intelligence software replace your solicitor?

Kidd Rapinet — Wed, 17 May 2023 10:25:46 +0000

AI-based purports to be able to provide legal advice, document review, and other services that were previously reserved for human lawyers. But it is far from perfect. Indeed there are many concerns and to name but a few we now comment.

AI software is not yet advanced enough to fully understand the context and nuances of the law. While AI algorithms can analyse vast amounts of data and find patterns, they still lack the ability to comprehend the complexity of human language and our legal system’s intricacies. Therefore, relying solely on AI software for legal advice may lead to errors and oversights. Clients still need legal issues to be explained to them in plain English, with the pros and cons spelled out.

Legal advice is not only about applying the law but also about providing ethical and moral guidance. As solicitors, we use our judgements and experience to weigh the different options and provide advice that aligns with our client’s best interests. AI software, on the other hand, lacks the ability to understand human emotions and values, which are often critical in legal advice. Every client is different. Each person would have a different need to be fulfilled. For example in a personal injury claim, some clients would be simply after a financial resolution to a claim; for others, they may be looking to have their rehabilitation needs addressed.

Legal advice requires an understanding of the client’s unique circumstances, goals, and preferences. While AI software can analyse data and provide generic advice based on similar cases, it cannot fully understand the context and personal circumstances of the client. AI, in our opinion, will always lack the personal touch and empathy that clients require and we offer.

The use of AI software for legal advice raises ethical and legal concerns, such as data privacy, bias, and accountability.

In conclusion, while AI software is going to become more widespread and often used, we do not form the opinion that it is going to ever replace your personal human lawyer!

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Official Injury Claim – bringing a personal injury claim yourself

Kidd Rapinet — Thu, 09 Jun 2022 16:29:56 +0000

If you have been involved in a road traffic accident that occurred on or after the 31^st May 2021 and have suffered minor whiplash or soft tissue injuries, you are able to bring a claim yourself, without legal help and assistance (and therefore costs).

You will need to make the claim on the Government’s “Official Injury Claim” portal.

If you visit the website www.officialinjuryclaim.org.uk you will find guidance and instructions to assist you with your claim step by step.

Please note however that the Official Injury Claim can only be used where:-

You are a driver or passenger inside a motor vehicle.
You have suffered a minor injury, the value of which will not exceed £5,000 or you have suffered a minor injury and the value of your injury and other losses (cost of repairs, loss of earnings, travel expenses) do not exceed £10,000 in total.
You are over 18 years old
The other driver (who is at fault for the accident) is in a vehicle with a UK registration plate and you have all their details (name address, telephone number, insurance details).

In all other cases, you cannot bring a claim yourself and you should seek legal advice and assistance. So, if you are a motorcyclist, cyclist, or pedestrian, a child, someone involved in an accident with a foreign driver, or someone who has suffered an injury that is not “minor” (eg: broken leg or ankle) you should not use the online Official Injury Claim. You should seek legal advice and assistance.

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Will there be a rise in Clinical Negligence cases post pandemic?

Kidd Rapinet — Thu, 09 Jun 2022 15:34:39 +0000

March 2020 saw the start of the Covid 19 pandemic. Over the next 2 years, the UK has seen thousands of medical cases affected. Routine treatments and investigations have been halted or delayed.

This has led to delays in many diagnoses of cancer and serious ailments. Conditions left untreated have worsened or developed other side effects and complaints.

The result is that we can see a sharp rise in clinical negligence cases. You have 3 years to bring a negligence claim. Time starts to run from either the date that the negligence occurred or from the date you became aware that the treatment you received (or failed to receive) was negligent.

If you have any questions or queries in regard to clinical negligence, you can speak to our experienced personal injury lawyer, Vashti Prescott at Kidd Rapinet, Canary Wharf on 0207 265 5486 or alternatively you can use the form provided.

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Personal Injury – what can you claim for?

Kidd Rapinet — Fri, 08 Oct 2021 15:20:24 +0000

Claiming for the Personal Injury

If you are bringing a claim for personal injuries, whether as a result of an accident at work, a road traffic crash or other, you will be claiming compensation for the injuries you have suffered.

This could be physical injuries (broken bones, soft tissue injuries, whiplash etc) or psychological injuries (trauma, PTSD, anxiety depression etc) or both.

This element of the claim is termed “pain suffering and loss of amenity”. The compensation is to reflect the pain you have suffered – whether that be over days, months or years, and how that pain has affected you on a day-to-day basis (at work, at home, with your friends and family).

It is important to keep a pain diary and record your pain regularly. Pain changes over time. It can be quite severe pain to begin with, becoming more less so over time. Do record any specific incidents (eg: having to miss a family birthday party, not being able to sit through a theatre or cinema performance, having to go home early from work because you are not feeling well).

Claiming for other losses from your injury

You may have had time off work as a result of your injury and have lost earnings, bonuses or commission. These can be claimed. If you are employed, then you will need wage slips for 6 months prior to the accident and wage slips after the accident to cover the period of loss. If you are self-employed then you will need your accounts (as submitted to HMRC for tax purposes) for at least 2 years prior to the accident and for the year of loss.

If you require treatment (physiotherapy, counselling) these can be claimed. You do not have to “wait” for treatment on the NHS. You are entitled to seek and claim for private treatment. If you can afford to pay for the treatment yourself then you can do so and claim the costs back. If liability is admitted in your claim, then the insurers should make you an interim payment to cover the cost of any treatment you require. If your Solicitor is using the services of a medical agency, then they can arrange the treatment on your behalf and defer payment of any costs for 18 months to 2 years.

Remember that you can also claim the cost of travel to and from each treatment session or consultation. You can claim actual travel costs (such as the bus or train fare) or if you or someone has driven you to your appointment, the mileage costs at 45p a mile. If you need someone to sit in any therapy sessions with you, you can claim for their time spent as well.

You will probably require help around the house (cooking meals, cleaning the home, washing clothes, ironing, going to the shops). This is a care and assistance claim. Initially, you may need a lot of help. Towards the end of your recovery, you may need less assistance. Keep a record of who has helped you do what (friends, family, neighbours). Specify what it is they have helped you with (eg: neighbour came to take my dog for a walk; friend came to mow the lawn; mother dropped by to collect my medication from the pharmacy). Make a note as to how long each task took. Even if you normally share household tasks with a partner or other household member, you can bring a claim if you are no longer able to do your part.

You can also claim for any personal care that you have received (eg: assistance helping you in and out of the bath; helping you dress, wash your hair etc).

Make a note of any prescription charges and over-counter medication you purchase. Not just pain medication but any creams or gels you purchase, bandages or dressings, hot water bottles etc.

Claiming for future costs following your personal injury

Whilst you may make a good recovery you may have symptoms that will continue on a permanent level. You may require assistance on an ongoing basis in terms of medication or painkillers, care and assistance, and the odd treatment from time to time (eg: a couple of sessions of physiotherapy or osteopathy treatment say every three months). These costs can be claimed for the foreseeable future. It may mean that you are no longer able to do the amount of overtime that you used to and your earnings for the long-term future will be affected.

These costs can all be claimed.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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Personal injury pay out of £1.25M for fast food delivery driver in serious road traffic accident

Kidd Rapinet — Mon, 02 Aug 2021 13:27:10 +0000

Vashti Prescott, our personal injury lawyer, based at Kidd Rapinet Canary Wharf has successfully settled on a £1.25M personal injury claim for a fast-food delivery driver injured in a road traffic accident.

In June 2016, while working as a fast-food delivery driver, Mr Morad was involved in a road traffic accident. A taxi pulled over to drop a fare paying passenger off. The passenger opened the rear door of the taxi, directly into the path of Mr Morad knocking him to the floor.

Mr Morad sustained severe injuries and despite extensive surgery he was unable to bend his knee. He was restricted to a wheelchair with his leg permanently stretched out straight in front of him. He developed chronic pain syndrome and suffered severe depression, often contemplating whether to take his own life. He remains on a cocktail of pain medication which he must take on a daily basis. The medical experts have unanimously agreed that there is nothing further that can be done for Mr Morad, other than an above the knee amputation. For religious reasons, Mr Morad would not consent to this.

Mr Morad was unable to work or secure any gainful employment – while he spoke English, he was unable to read and it was evident that he would never be able to work again.

Mr Morad’s physical and psychological issues have affected his relationship with his wife and his ability to interact and play with his children.

In June 2021, Vashti settled a £1,250,00 claim on behalf of Mr Morad on the basis that he would need care for the rest of his life. He will not be able to work again and may well need an above the knee amputation in the future.

The claim was challenging not only due to the complexity of the injury, but due to the fact that during the course of the claim we went through Brexit and the pandemic. The pandemic saw Mr Morad’s struggle to have food and care delivered to him. He was reliant upon NHS staff to deliver food to him, assist him to wash and shower and clean the one bedroom apartment he was confined to. Because of the staff shortages, he would go days sometimes without any form of assistance.

While the process has been long and difficult, we hope the outcome will help Mr Morad and his family and we will assist him in investing his compensation to ensure funds last well into his future.

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Did you receive the right compensation for your injury?

Kidd Rapinet — Thu, 05 Nov 2020 15:04:43 +0000

Compensation for your injury – did your no win, no fee injury lawyer really achieve the right compensation for your injury?

In the past few years, there has been a rise in no win, no fee, injury claims leading to a culture of what the insurance industry describes as ‘ambulance chasing.’ This has also raised many fraudulent claims, however, amongst the noise are a great many innocent people who have suffered personal injuries and received settlements that fall significantly below their entitlement. Did you receive the right compensation for your injury?

If you have been involved in an accident at work, a road traffic accident, an accident on holiday etc you will be fully aware of the immediate impact of the injury e.g. whiplash, a broken bone, etc but associated ailments can occur many months after the initial accident. It is therefore your solicitors’ role to consider all possible losses before accepting a settlement for you.

An inexperienced solicitor may fail to appreciate the severity of your injuries or they have not have built into your case the effect this could have on your job prospects or your quality of life as you get older and the potential secondary issues that can and have occurred. In particular, if your solicitor advised you to accept an offer in full and final settlement of your claim without you having been seen by an independent medical expert this can possibly mean that you have under settled your claim.

While it may seem daunting to consider bringing a professional negligence claim against a solicitor, it is important to understand they had a duty of care to you. This means that at all times they should have acted in your best interests.

If you have settled a personal injury claim and feel that you are continuing to experience physical pain and discomfort or psychological issues (relating to your original accident) which you do not feel has been considered, please contact our Personal Injury lawyer, Vashti Prescott.

With over 30 years’ experience, Vashti has successfully brought a number of professional negligence claims against solicitors who have under-settled on personal injury claims. This has resulted in her achieving a higher and more appropriate final settlement for her client.

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Secondary victims are entitled to compensation

Kidd Rapinet — Fri, 25 Sep 2020 15:19:35 +0000

What is a secondary victim and how are they entitled to compensation?

A secondary victim is someone that witnesses an incident or accident but has not been directly involved themselves.

To pursue a secondary victim claim there must be recognised trauma /impact on someone’s mental health that can be diagnosed by a clinical psychiatrist. Sadly, the recognised disorders in secondary victims are often Post Traumatic Stress Disorder (PTSD), Anxiety, Agoraphobia and Panic Disorders, amongst others.

There are a number of grey areas surrounding secondary victim claims – therefore to successfully bring a claim, there needs to be:-

A close relationship of love or family connection between the first and second victim.
The second victim needs to have been in close proximity to the first victim in time and space when the incident/accident took place.
The psychiatric injury to the second victim must not have been present before the incident and be caused as a result of witnessing a sudden or unexpected shock or seeing or hearing the incident or its immediate aftermath

In many cases, secondary victims tend to be parents, husbands, wives and/or siblings – each one with no idea they are entitled to compensation. In some cases, their psychological injuries can be long-lasting and more catastrophic than the first victim’s injuries. Compensation can help them to receive the help and support that so often is lacking.

Vashti Prescott is an experienced personal injury lawyer at our Canary Wharf office and is passionate about supporting secondary victims to help them achieve the compensation they deserve in the aftermath of witnessing an accident involving a loved one.

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