Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.
postedĀ 1 yearĀ ago
At the age of 15, a young man fell off a wall and hurt his neck. He was taken to the Accident and Emergency Department of a major hospital with neck pain, and X-rays were taken of his cervical spine.
These were reported by a Radiologist as being inadequate, in that they did not show the very top of the spine (DENS) or the bottom (C7/T1). However, no further action was taken, and the GP was informed that there was no abnormality on the X-ray.
He continued to have a lot of pain in his neck and, two years later, was involved in a road traffic accident. X-rays were taken of the whole cervical spine, revealing an old fracture of C7, and that the vertebra had slightly slipped back into the spinal canal, where it had healed. The young man sought the advice of a solicitor in relation to the possibility of medical negligence because of the missed fracture.
It was clear there was a breach of the duty of care by hospital staff. However, the main question was in relation to consequential or “but for” damage. A Consultant Neurosurgeon was asked for his opinion. He was not used to doing medico-legal work and, in fact, wrote a clinical report detailing the present symptoms but not discussing the pertinent issues which were:
It was of note in this case that, following the road traffic accident, the plaintiff was found to have a good range of movements in the neck and only “mild” pain at the extremes of range, with no evidence of any abnormal neurology in the limbs.
This case indicates the necessity for a preliminary screening report, concentrating on the golden triad of duty, breach and consequential damage, from a professional expert with a detailed knowledge of the legal process. Had this been requested initially, clear guidance would have been provided to the legal team in relation to the specific questions required to be answered by their Neurosurgical or Spinal Orthopaedic Expert, who may be experts in their field but not in the legal requirements of the Court process.
MDU figures for 2021 show that fewer than one in six actions in medical negligence actually succeed, with the vast majority failing on the grounds of causation. It must be remembered that subsequence is not the same as consequence.
Initial screening is, therefore, essential to manage client expectations at an early stage. This avoids unnecessary effort and costs for all concerned. Too many cases are taken to Court with no chance of success. This is stressful for both the client and their legal adviser, and indeed for the medical personnel involved.
For fast and effective screening of all potential medical negligence cases, contact Peyton Medico Legal Services now on +44 (0)28 87724177 or email [email protected]
Author
There are no results matching your search.
ResetpostedĀ 5 hoursĀ ago
postedĀ 1 dayĀ ago
postedĀ 5 daysĀ ago
postedĀ 6 daysĀ ago
postedĀ 1 weekĀ ago
postedĀ 1 weekĀ ago
There are no results matching your search.
ResetSign up for the latest advisory briefings and news within Global Advisory Expertsā community, as well as a whole host of features, editorial and conference updates direct to your email inbox.
Naturally you can unsubscribe at any time.
Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
{{trans('Drag and drop your video here')}}
{{trans('Or')}}
{{trans('Click here')}} {{trans('to select and upload the video')}}
{{trans('Please leave your feedback')}}
{{trans(`You can record up to`)}} {{trans(`%s min.`, time(preference.max_video_length, 'notice'))}} {{ trans(`You can review your video before submitting`)}}
{{trans('You will be able to check your review before sending')}}
{{trans('Not ready to record?')}}
{{trans(`You can record up to`)}} {{trans(`%s min.`, time(preference.max_video_length, 'notice'))}} {{ trans(`You can review your video before submitting`) }}
ā ļø {{ trans(`Camera and microphone access is blocked!`) }}
{{ trans(`Please give`) }} {{ trans(`microphone and camera access`) }} {{ trans(`to record video`) }}
{{ trans(`This site isnāt using https protocol.`) }} {{ trans(`Reviews cannot be recorded or uploaded`) }}
{{trans(`Not ready to record?`)}}{{trans(`Upload Video`)}}
{{trans(`Changed your mind?`)}}{{trans(`Upload Video Instead`)}}
{{trans(`Changed your mind?`)}}{{trans(`Record a Video Review`)}}
{{trans(`Changed your mind?`)}}{{trans(`Record a Video Instead`)}}
{{trans('Not ready to record?')}}{{trans(`Upload Video`)}}
{{trans('Changed mind?')}}{{trans(`Record Video Instead`)}}
{{trans('Uploading video...')}}
{{ trans('Your Review has been successfully') }}
{{ trans('submitted') }}