Archive for the ‘blog’ Category

Posted on: September 18th, 2017 by Mark Tawn No Comments

Compensation Culture? What Compensation Culture?

On 7th September 2017 two interesting papers were published. Both bear close scrutiny.

‘Managing the costs of clinical negligence in trusts’ prepared by the National Audit Office indicates that:

1. the number of new claims alleging clinical negligence has reduced slightly over the last three years.

‘Civil Justice Statistics Quarterly, England and Wales, April to June 2017 (provisional)’ produced by the Ministry of Justice reveals that;

2. compared to the same quarter in 2016 unspecified money claims for personal injury have fallen by 4% and

3. unspecified money claims (of which about 95% are claims for personal injury) have generally been decreasing since a peak in January to March 2013

The comment you are most unlikely to read anywhere in the popular press is the following (relating to claims for alleged clinical negligence), also from the NAO report:

“less than 4% of people experiencing a harmful incident will make a claim”.

Think about that. Fewer than 1 in 20 experiencing a harmful incident will make a claim. The British stiff upper lip remains firmly in place.

Pain and Fame (2) – Agony Ant

Posted on: June 20th, 2017 by Mark Tawn No Comments

Pain and Fame (2) – Agony Ant

Sadly, it has recently been claimed that Ant McPartlin, one half of the nation’s favourite double-act Ant & Dec, has checked into rehab.

We have blogged about how pain can affect anyone at any time, including the rich and famous.

Ant McPartlin

Newspaper reports suggest that Ant has been suffering with chronic pain for years – because of  problems with his right knee. Also, it is said that Ant and his wife have been upset by an inability to have children. We add our voice to the outpouring of support for Mr McPartlin, his wife and those around him.

Ant McPartlin

Anthony David ‘Ant’ McPartlin, OBE  was born in 1975.  Best known as one half of the acting and TV presenting duo Ant & Dec.

Ant’s first career break was in the children’s drama series Byker Grove which led to a pop music careeer for himself and Declan Donnolley as PJ & Duncan. Ant and Dec went on to have a very successful career as television presenters, presenting I’m a Celebrity…Get Me Out of Here! and, Ant & Dec’s Saturday Night Takeaway since 2002, Britain’s Got Talent since 2007 and Text Santa since 2011.

It can happen to anyone

We reported in one of our Success Stories how one of our clients suffered botched knee surgery. He went on to develop CRPS, a devastating condition which caused agonising pain and considerable disability. It may be that Ant’s knee problem was age-related and that his surgery was skilfully performed but if somebody else has been at fault, as in our client’s case, compensation can be claimed.

Money may not be an issue for actors and TV stars who can afford to pay for private treatment. For ordinary folk interim payments and a final compensation award can lead to rehabilitation, care and assistance, a move to more suitable accommodation and peace of mind.

Mark Tawn, who has a special interest in chronic pain cases comments:

It is sad to hear about Ant McPartlin. I remember when he was in Byker Grove and over the years my children have grown up watching him on TV. My favourite moment was seeing Ant & Dec in Love Actually – hilarious! Chronic pain is terrible. Some of my clients have fallen into despair, never knowing if or when their troubles will come to an end; others have struggled with side-effects from medication they have been prescribed and others have craved rehabilitation but been unable to access it. Hopefully Ant will make a full recovery and will become a vocal supporter for others who suffer daily.

If you are suffering with chronic pain as a result of an accident that wasn’t your fault contact us and see how we can help.

 

Special Constable or paramedic sir?

Posted on: May 9th, 2017 by Isobel Addison No Comments

Would you be happy if a Special Constable arrived rather than a paramedic?

A pilot scheme has been launched in Hampshire which will see six Special Constables serving as First Responders for the Ambulance Service.

The Specials who have been trained by paramedics will be deployed to carry out initial lifesaving treatment at medical emergencies where an ambulance may not be able to attend in time.

Sooner rather than later

The training provided by Southern Central Ambulance Service (SCAS) provided the Specials with basic lifesaving skills including the use of oxygen and a defibrillator in cases of cardiac arrest. The idea is that the Specials could be the closest medically trained person to an incident which would mean a response in minutes which might save lives in cases such as cardiac arrest.

Clearly where time is of the essence it is better to have someone on scene who can provide treatment until the ambulance services can reach the scene.  We would however be concerned that decisions on the need for an ambulance attending at all, when the service is overstretched, might be left to the first attender.

Liability

The Special Constables will be classified as First Responders when deployed by the ambulance service to avoid the potential of an IPCC investigation in the event of a death which would typically be investigated as a death following police contact.

The pilot scheme raises questions as to whether it is papering over the cracks of a broken ambulance service when police officers are struggling to respond to their own 999 calls.

Retained fire fighters

PCSOs are already used as retained firefighters in Devon. The voluntary role is part of a two-year pilot scheme by Devon and Cornwall Police and Devon and Somerset Fire and Rescue Service

This pioneering initiative joining up the emergency services will combine the roles of PCSOs and retained firefighters.  The scheme will see PCSOs trained up as retained firefighters so that they can carry pagers and respond to fire calls when they are on duty as PCSOs.

The cover provided by the officers is particularly valuable during weekdays when the fire service struggle to cover retained stations when most of their responders are committed n their normal day jobs.

It is hoped that the officers will be able to provide a better more joined up service where officers visiting premises or engaging with community groups can not only deliver crime related advice but also fire safety advice that will protect people from harm.

It has been suggested that PCSOs are taking the strain for overworked social services, mental health services, children’s homes and hospitals, fire service and now the ambulance service.

 

We would love to know how you feel about the pilot scheme and whether it is positive thing to have more First Responders or a situation where follow up training and driver response training will not be provided and will result in a recipe for disaster.

 

 

Chronic Pain and Fame

Posted on: March 23rd, 2017 by Mark Tawn 1 Comment

Chronic Pain and Fame

Does chronic pain affect the rich and famous? When we talk about the wealthy we may instinctively think:

“They: don’t know how I feel; have money; are pampered; can live and eat healthily and if they fall ill can have any treatment they need. If that doesn’t work they are well looked after.”

Are we right? Are the wealthy exempt from the suffering caused by chronic pain? If they are in pain can they pay for early and expensive treatment? Can they therefore bring their suffering to a prompt end?

The Beatles

The Fab Four reminded us that money can’t buy love; but can riches buy a pain free life? Apparently not:

Spider senses tingling

Tobey Maguire is famed for his roles in films such as “Seabiscuit” and “Spider-Man”. He has experienced debilitating back pain for years. Maguire had to disclose this because it had the potential to affect his ability to perform his own stunts and limit his availability for filming. This could have caused him to decline (or lose) lucrative roles. Even super-heroes can’t escape the clutches of chronic pain.

spiderman 

Opposites Attract

In the 1980s Paula Abdul found fame as a dancer turned pop star. Those who watch talent shows may know her now as a judge who was, more often than not, kind to contestants on “American Idol”.

paula-abdul

Abdul was involved in a cheerleading accident in her teens. Later she had a couple of car accidents and was also involved in a ‘plane crash. Refusing to give in to her injuries and working on despite her symptoms, she experienced years of pain, took medication which caused awful side-effects, had injections and underwent surgery many times.

Reported to have been diagnosed with Reflex Sympathetic Dystrophy (now usually referred to as Complex Regional Pain Syndrome or CRPS) Abdul has said at long last she is feeling much improved following treatment with Enbrel, a medication used to treat arthritis and psoriasis.

Jump to it

Star of the stage production of the musical “Ghost”, Sarah Harding, revealed that she suffered chronic pain, caused by a knee injury she suffered when filming for Channel 4’s “The Jump”.

sarah-harding

Harding told Hello Magazine:

“..as anyone in chronic pain will be able to tell you, it can take a massive toll on your mental as well as physical wellbeing”.

Wiltshire wonder

melinda-messenger

Melinda Messenger, born in Swindon, collapsed several times having suffered a disc prolapse in her back. The star of “Cowboy Builders” and “Live on Five”, who had always kept herself fit and healthy, was terrified by the agonising pain she experienced. On one occasion she reported having to drag herself across the kitchen floor and on others her pain was so bad she was unable to get out of bed.

Messenger spent many months in constant pain which decimated her quality of life. She received advice on pain management which included pain relief and physical therapy and now, thankfully, reports having many more good days than bad.

Having driven herself too hard for too long, Messenger now paces herself and uses coping strategies to manage her ongoing condition.

Serious Injury Experts

Pain is indiscriminate. It can affect anyone, including the rich and famous, at any time.

If you are suffering chronic pain as a result of an accident that wasn’t your fault talk to us and see how we can help.

Uninsured driver compensation

Posted on: March 16th, 2017 by Isobel Addison No Comments

New rules allow uninsured drivers hit by another uninsured vehicle to claim compensation

If you are unfortunate enough to be involved in a road traffic accident with an uninsured or untraceable vehicle, the Motor Insurers’ Bureau (MIB) would deal with much of your claim.

The MIB is funded through a levy on all companies offering motor insurance in the UK. That levy was £244,000,000 in 2016.

until now, if you were uninsured at the time of the incident you were not entitled to use the scheme; presumably because you had failed to contribute to the fund which would ultimately pay the compensation.

However, under the new MIB Uninsured Drivers Agreement and Untraced Drivers Agreements between the organisation and the government things have changed.

Insurance policy

New Agreements

New Agreements, which came into force from 1st March 2017 permit uninsured drivers who suffer car damage in accidents caused by another uninsured or an untraceable motorist to claim compensation from the Motor Insurers’ Bureau (MIB) as long as they also have a claim for significant personal injury.

Time for Change

It has ben suggested that there were a number of reasons for the changes to the Untraced Drivers Agreement, but some had been implemented to ensure compatibility with European law.

The government has hinted that once we leave the EU they will revisit these changes.

Under the 2003 MIB Agreements if uninsured drivers were excluded from claiming compensation for property damage.

But is it fair?

The new Agreements give uninsured drivers the same rights to compensation for property damage as those who are insured.

The changes have been criticised by some for allowing people who have not paid for insurance themselves the right to compensation from a fund subsidised by insurers.

 

Whether or not the new system is fair it is clear that uninsured drivers can now pursue claims through the MIB schemes which up until now they could not have pursued. And that this is going to have to be paid for from somewhere.

 

Road Safety Week 2016

Posted on: September 20th, 2016 by Isobel Addison No Comments

Road Safety Week 2016

Davey Law is joining with the Brain Injury Group to support this year’s Road Safety Week campaign between the 21st and 27th of November.  The theme for 2016 is ‘Slow, Sober, Secure, Silent, Sharp and Sustainable’.

RSW16no1

To celebrate this idea, we will be working with children from Powell’s Church of England Primary School, Cirencester and St Mary’s Church of England Primary School, Purton to raise awareness of road safety.

A few facts on the theme:

  • Slow: Breaking the speed limit or travelling too fast for the road conditions is recorded by police at crash scenes as a contributory factor in more than one in four (27%) fatal crashes in Great Britain.
  • Sober: Having even one drink before getting behind the wheel can affect your ability to drive. In 2013 one in 10 (11%) drivers/motorcycle riders killed in a crash had alcohol present in their body, even though they weren’t over the legal blood-alcohol limit. One in seven road deaths are at the hands of someone who has driven while over the limit.
  • Secure: Seat belts are still seen as an inconvenience by some drivers, yet using one reduces the chance of dying in a crash by 50%. 21% of car occupants killed in crashes were not wearing a seat belt.
  • Silent: Drivers who perform a complex secondary task, like using a mobile, while at the wheel are three times more likely to crash than non-distracted drivers.
  • Sharp: Booking in for a regular eye test should be at the top of any driver’s to-do list. Road crashes caused by poor driver vision are estimated to cause 2,900 casualties and cost £33 million in the UK per year.
  • Sustainable:By minimising the amount we drive, and walking, cycling or using public transport instead, we are making our communities safer places, and doing the best we can for the environment and our individual health. Air pollution is a major killer: there are an estimated 29,000 deaths per year from particulate matter pollution in the UK, 5,000 of which are attributable to road transport.

Road traffic collisions are currently the leading cause of brain injury.

in the UK which is why we have supported the Road Safety Week initiative for several years.  This year Davey Law will be helping to raise awareness of road safety with the help of the children and staff of Powell’s and St Mary’s Schools.

Mark Tawn, Solicitor at Davey Law says, “We work with many adults, children and the families of those who have suffered a brain injury as the result of a road traffic accident. We look forward to parents and teachers engaging with the campaign to encourage children to recognise dangers on the road. ”

For more information about Road Safety Week, visit http://www.roadsafetyweek.org.uk/

Changing Solicitors video

Posted on: June 6th, 2016 by Isobel Addison No Comments

Welcome to our video about changing solicitors.

To watch the video click here:

Telephone our legal experts NOW

 

In the video our serious injury expert explains that Davey Law regularly take on cases that have been poorly handled by other solicitors.

He reminds us that nobody can stop you from changing solicitors if you are unhappy.

There are lots of reasons that you might want to change solicitors.

Perhaps your claim doesn’t seem to be going anywhere or you just don’t get on with your current lawyer.  Maybe you feel that someone else might understand your claim better or have more access to specialists who could support your claim.

If you are part way through the process of making your claim but are not happy with the service being provided by your legal team then you are well within your rights to seek advice on changing solicitors.

In our changing solicitors video Peter explains that if you do decide to instruct us you will not have to deal further with your current solicitor, you can leave everything to us.

Many clients comment that contacting us was one of the best decisions they have ever made.

If you are concerned about how your compensation claim is being handled by your current solicitors call us on 01285 654785 in complete confidence and without obligation.

Compensation Claims

Posted on: April 22nd, 2016 by Isobel Addison No Comments

Brining your compensation claim is what we do. Welcome to our new video about our serious injury team.

      

Our serious injury expert Peter Davies explains what Davey Law can do for you. 

Compensation claim

With over 100 years of experience of bringing compensation claims across Gloucestershire and across England and Wales, our aim is to obtain compensation and restore your quality of life.

So if you, or someone you know, has suffered a serious injury, why not call us on 01285 654875 to discuss making a claim. You won’t speak to a call centre but to one of our experienced serious injury experts.

No Win, No Fee. No call centres, No nonsense. Just serious injury experts.

 

 

Axium™ Neurostimulator

Posted on: April 12th, 2016 by Isobel Addison No Comments

St. Jude Medical Axium™ Neurostimulator Stimulator launched

On 11th April 2016 St. Jude Medical, Inc., a global medical device company, announced the U.S. launch and first post-approval implants of the St. Jude Medical Axium™ Neurostimulator System.

The treatment for patients with chronic pain involves dorsal root ganglion (DRG) stimulation. it is hoped that the treatment will help patients who have not been receptive to traditional spinal cord stimulation (SCS).

The first commercial implants of the St. Jude Medical Axium™ Neurostimulator System device have taken place at the Centre for Pain Relief in Charleston, and at the Sutter Santa Rosa Surgery and Endoscopy Centre in Santa Rosa, California.

 

Telephone our legal experts NOW

(Photo: Business Wire)

Half of the states in the USA will treat patients using the  DRG implants in the coming weeks.

St. Jude Medical has partnered with 59 implanting chronic pain specialist centres across the country. They hope to conduct more than 100 procedures in the first month.

They aim to train more than 300 physicians to effectively deliver DRG therapy to patients over the next year.

The treatment is designed for patients in immediate need of targeted stimulation to alleviate chronic pain resulting from moderate to severe chronic intractable pain of the lower limbs in adult patients with Complex Regional Pain Syndrome (CRPS) types I and II.

Stimulation of the DRG, a spinal structure densely populated with sensory nerves that transmit information to the brain via the spinal cord, allows physicians to treat the specific areas of the body where pain occurs. This new approach is designed exclusively to treat moderate to severe chronic intractable pain of the lower limbs in adult patients with CRPS.

Dr Pope, who has already performed the procedure says that, “Stimulation of the dorsal root ganglion is the first therapy option designed specifically for patients suffering from complex regional pain syndromes. This serious and traditionally challenging to treat chronic pain condition can occur from complications to recovery from surgeries such as knee arthroscopy, foot surgery or hernia surgery. Having a treatment option rooted in clinical evidence fundamentally changes our approach to treating patients.”

The Institute of Medicine reports that chronic pain affects more than 100 million Americans. This is more than heart disease, cancer and diabetes combined. Neuropathic pain represents one of the most prevalent yet under-treated forms of chronic pain in the United States.

Initial results evaluating patients suffering from neuropathic chronic intractable pain associated with CRPS I and II or peripheral causalgia (PC), showed DRG stimulation provided patients with superior pain relief over traditional tonic SCS.

Information for patients to learn more about chronic pain can be found at www.sjm.com/pain.

View source version on businesswire.com: http://www.businesswire.com/news/home/20160411005397/en/

If you are suffering from chronic pain syndrome as a result of an accident or someone else’s negligence call our experts on 01285 654875.

 

Central Pain Syndrome discussed

Posted on: April 11th, 2016 by Isobel Addison No Comments

Central Pain Syndrome also known as Thalamic Pain Syndrome/Dejerine-Roussy Syndrome

We recently acted for a client suffering from a Central Pain Syndrome.

In 1906 two French neurologists, Dejerine and Roussy, found that strokes could give rise to pain. A lesion suffered on one side of the thalamus following stroke might cause pain on the opposite side of the body.

Recently, we acted for a client (“X”) who had suffered a severe traumatic brain injury.

One of our experts noted X’s significant physical symptoms. X showed signs of being in pain on one side of his body from stimuli that would not normally cause pain e.g. just resting a foot on a wheelchair footplate.

Review of X’s CT scan revealed contusion within the left thalamic brain region causing the expert to indicate that X’s symptoms were in keeping with Dejerine-Roussy Syndrome. Further evidence from a specialist neurologist was arranged.

Central Pain Syndrome

It is now understood that damage to the Central Nervous System (“CNS”) and not just to the thalamus can cause pain and loss of sensation in various parts of the body. CPS can develop following brain tumours, spinal cord injury, multiple sclerosis (“MS”) or other conditions affecting the CNS.

Use of the term Central Pain Syndrome (“CPS”) reflects the fact that damage to various area of the CNS can cause pain and stroke need not be the primary cause.

Where stroke is the primary cause the preferred term now used is Central Post Stroke Pain.

The level of pain caused by CPS varies from one person to another. Some individuals experience pain which is mild and periodic, others may have terrible, unremitting pain which drastically affects their lives and may consequently devastate relationships.

If you, or a loved one, have developed a Central Pain Syndrome following an accident and you would like to discuss it with a serious injury expert please call us on 01285 654875.

No win no fee – No call centres – No nonsense – Just serious injury experts