A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

European court rejects appeal in Isaiah Haastrup life support case – The Guardian

Posted March 7th, 2018 in appeals, birth, children, consent, human rights, medical treatment, news by sally

‘An 11th-hour appeal to European court judges by the father of the profoundly brain-damaged baby Isaiah Haastrup to try to prevent doctors from withdrawing his son’s life-sustaining treatment has failed.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

Royal Derby Hospital baby deaths ‘preventable’ – BBC News

Posted February 23rd, 2018 in birth, children, hospitals, news, reports by tracey

‘A review into the deaths of dozens of babies at the Royal Derby Hospital between 2013 and 2016 has found many of them might have been preventable.’

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BBC News, 23rd February 2018

Source: www.bbc.co.uk

Isaiah Haastrup father to appeal over decision to end life support – The Guardian

Posted February 7th, 2018 in appeals, birth, children, consent, medical treatment, news by tracey

‘The father of a boy with brain damage is preparing an appeal against a high court ruling allowing doctors to stop providing life support for his 11-month-old son.’

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The Guardian, 6th February 2018

Source: www.theguardian.com

Collapsed trial woman says she gave birth ‘alone’ in prison – BBC News

‘A woman held in custody for more than 13 months before her trial collapsed has told the BBC she hopes someone will be punished for the failures which led to her giving birth in prison.’

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BBC News, 31st January 2018

Source: www.bbc.co.uk

Historical injustice for persons born out of wedlock and their right to British Citizenship still lingers on – Legal Voice

Posted January 8th, 2018 in birth, children, citizenship, cohabitation, news by sally

‘This article concerns only one of several historical injustices in British nationality law. For decades, it discriminated against people born out of wedlock to British fathers by not allowing those fathers to pass on their nationality to their child.’

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Legal Voice, 8th January 2018

Source: www.legalvoice.org.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by tracey

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

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BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Still-births; time to pass responsibility to Coroners? – Park Square Barristers

Posted December 8th, 2017 in anonymity, birth, coroners, inquests, judicial review, news by sally

‘On 17th May this year I discussed the Court of Appeal decision in the tragic case of R (on the application of T) v HM SENIOR CORONER FOR THE COUNTY OF WEST YORKSHIRE (2017) EWCA Civ 318 in which the Court of Appeal were asked to deal with an application for judicial review of two decisions of the West Yorkshire Coroner; first to hold an Inquest into the death of a baby who may or may not have been born alive and second not to grant an anonymity order to the baby’s mother. ‘

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Park Square Barristers, 5th December 2017

Source: www.parksquarebarristers.co.uk

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news, wrongful birth by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Coroners could get powers to probe stillbirths, in bid to tackle Britain’s poor maternity safety record – Daily Telegraph

Posted November 28th, 2017 in birth, coroners, health, inquests, news by sally

‘Coroners should be granted powers to investigate stillbirths, in bid to prevent the number of “heartbreaking” blunders in childbirth, Jeremy Hunt will say today.’

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Daily Telegraph, 27th November 2017

Source: www.telegraph.co.uk

Mother killed herself after ‘serious failure’ by mental health unit – The guardian

Posted November 15th, 2017 in birth, hospitals, inquests, mental health, news, suicide by tracey

‘A mother who killed herself while suffering from postnatal depression died as a result of a “very serious failure” that allowed her to leave a mental health unit unchaperoned, a coroner has ruled.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Mother jailed for hiding dead baby in Grimsby drain – BBC News

Posted October 3rd, 2017 in birth, news, pregnancy, preventing lawful & decent burial, rape, sentencing by sally

‘A woman who hid the body of her newborn son in a drain has been jailed.’

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BBC News, 2nd October 2017

Source: www.bbc.co.uk

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

Maternity ‘must improve’ at baby-deaths hospital trust – BBC News

Posted August 16th, 2017 in birth, health, hospitals, inquiries, news by sally

‘Maternity services at a health trust at the centre of a baby deaths inquiry must improve, inspectors have said.’

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BBC News, 16th August 2017

Source: www.bbc.co.uk

Blunders behind NHS baby deaths risk cover-ups under new plans – Daily Telegraph

Posted July 28th, 2017 in birth, costs, fees, hospitals, negligence, news by tracey

‘NHS blunders which leave babies stillborn will be brushed under the carpet under government plans to limit legal fees, safety campaigners have warned.’

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Daily Telegraph, 27th July 2017

Source: www.telegraph.co.uk

Record NHS negligence payouts, fuelled by maternity blunders – Daily Telegraph

Posted July 14th, 2017 in birth, damages, hospitals, negligence, news by tracey

‘The NHS paid out more than £1bn in damages for medical negligence last year – a record high, fuelled by maternity blunders, official figures show.’

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Daily Telegraph, 13th July 2017

Source: www.telegraph.co.uk

Law Society warns of lack of legal advice in redress scheme for birth injuries – Local Government Lawyer

Posted June 7th, 2017 in birth, government departments, health, Law Society, news, personal injuries by sally

‘The Law Society has told the Department of Health that its proposed rapid resolution and redress (RRR) scheme will fail to deliver its intended result of fewer severe avoidable birth injuries.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Claimant lawyers cast significant doubt over government’s plan to reform injured baby cases – Litigation Futures

Posted May 30th, 2017 in birth, children, compensation, news, personal injuries by sally

‘Claimant lawyers have strongly criticised government plans for a new administrative compensation scheme for birth injury claims, with the Association of Personal Injury Lawyers saying that families would “be held hostage” under it.’

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Litigation Futures, 30th May 2017

Source: www.litigationfutures.com

Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

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Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com