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A&E Negligence
The team at Stewart House have been busy writing an article regarding the cases received in relation to claims involving A&E departments. Please take a look at it here:
paul35584
6 days ago1 min read


Whiplash reforms hindered access to justice, Law Society says
Reforms to personal injury whiplash claims introduced under the previous government have resulted in significant consequences for access to justice and claimant compensation, the Law Society said today. Responding to the Ministry of Justice’s call for evidence as part of its post-implementation review of the changes, the Society said it is concerned that the reforms: Have not enabled claimants to pursue claims independently. An unexpectedly high number (89%) of claimants have
paul35584
Dec 22, 20252 min read


Ex-Premier League footballer wins High Court claim against top surgeon
A former Premier League footballer has successfully challenged a leading surgeon in the High Court, claiming an "unnecessary procedure" prematurely ended his career. Sylvan Ebanks-Blake, 39, sustained a broken left leg in April 2013. The Wolverhampton Wanderers striker was injured during a match against Birmingham City. During the subsequent operation to repair the injury, Professor James Calder, the surgeon, reportedly cleaned out the joint and removed cartilage. Mr Ebanks-B
paul35584
Dec 19, 20252 min read


Government report shuns major reform despite insurer pressure
A government taskforce scrutinising motor premiums has largely opted to leave the market alone – despite lobbying from the insurance industry. The taskforce, made up of the transport, business, justice and treasury departments, was formed just over a year ago to consider how to stabilise and reduce insurance premiums. A supporting cast of stakeholders included consumer groups and motor and insurance representative bodies, but notably no claimant lawyers. The taskforce publish
paul35584
Dec 15, 20252 min read


A Cautionary Tale: Clinical Negligence Experts and the Importance of Understanding the “Bolam” test.
A recent High Court decision highlights the critical importance of expert witnesses in clinical negligence cases having a sound understanding of the “Bolam” test. While the test is not strictly determinative, a lack of familiarity can significantly undermine the credibility of their evidence. 1. What is this new pilot scheme? In Tarrant v Monkhouse [2025] EWHC 2576 (KB) the claimant brought a negligence claim following complications from bariatric surgery. Shortly before tri
paul35584
Dec 12, 20252 min read


Musician died after hospital fall as girlfriend told brain scan wasn't needed
A musician tragically died from a traumatic brain injury after a fall in hospital following a 30-hour A&E wait, an inquest has heard. An inquest in Truro heard yesterday that Luke Raggatt's girlfriend pleaded with medical staff at the NHS Royal Cornwall Hospital in Treliske for a brain scan following the fall in October last year, but was told it wasn't necessary. Speaking before the inquest, an emergency department consultant described not prescribing medication to preven
paul35584
Dec 11, 20257 min read


Solicitor “wrong” to advise client to covertly record meeting
A solicitor was “quite wrong” to advise his personal injury client to make a covert recording of testing undertaken by their opponent’s medical expert, the High Court has ruled. This was particularly the case as the parties had agreed not to record each side’s testing, which the solicitor said he had forgotten. His Honour Judge Shanks, sitting as a High Court judge, was ruling on an application in a £3.25m claim by a passenger in a road traffic accident. There was no issue t
paul35584
Dec 9, 20253 min read


MPs Probe NHS Response to Rising Negligence Costs
MPs have pressed NHS England and NHS Resolution on what concrete steps they are taking to tackle the rising cost of clinical negligence, warning that longstanding system failures — including poor complaints handling, maternity safety issues, and slow case progression — are driving avoidable spending. Members of the Public Accounts Committee (PAC) said the focus must shift from describing the scale of the problem to delivering action. Future liabilities for clinical negligenc
paul35584
Nov 25, 20253 min read


Crackdown looms on ‘double win’ clinical negligence payments
The potential for clinical negligence claimants to effectively ‘win twice’ through care awards is coming under scrutiny from parliament as a way to slash costs. The National Audit Office last month raised concerns that claimants who receive statutory funding for private health treatment as part of their compensation may access free NHS services and pocket the money. It was confirmed by health officials at the Public Accounts Committee evidence session on Thursday that this is
paul35584
Nov 24, 20253 min read


Report Exposes Years of Missed Warnings on NHS Surgeon
Hospital leaders missed 32 opportunities to act over safety concerns about a paediatric orthopaedic surgeon accused of botching children’s operations, an independent review has found. The investigation said that failures by Cambridge University Hospitals NHS Foundation Trust allowed Kuldeep Stohr to continue operating at Addenbrooke’s Hospital for years, putting patients at prolonged risk. Experts highlight how “actions could have been taken to reduce harm to patients”. Comp
paul35584
Nov 21, 20253 min read


Doncaster NHS worker's cancer misdiagnosis led to unnecessary lung removal
Erica Flatley, 53, from Balby, underwent surgery to remove the lower lobe of her right lung in September 2020 following a diagnosis of suspected lung cancer. It was only after the procedure that doctors confirmed the mass was caused by pneumonia, not cancer, meaning the surgery had been unnecessary. She said: “At my two-week review, the surgeon told me I was in the one percent of people who didn’t have cancer, and that it was likely to have been an infection. “I was just as s
paul35584
Nov 11, 20254 min read


Pathologist, 68, died of overdose after staff at his NHS trust mistakenly gave him wrong medication
A highly-respected pathologist died from an overdose after he was given the wrong drug by staff at the NHS trust where he worked. Prof Ray McMahon, 68, suffered a cardiac arrest after he was given medication which was three times too strong, his inquest heard. The father-of-three, who was president of the International Academy of Pathology, died at Wythenshawe Hospital on February 18, four days after he had been admitted with a fever. He had been poorly for many years with i
paul35584
Nov 7, 20253 min read


Policy decisions have damaged access to justice
APIL has laid bare the ‘irrefutable prejudice’ against personal injury claimants and ensuing erosion of their right to redress, in evidence to the House of Commons Justice Select Committee’s access to justice inquiry. “In the last 15 years, a series of policy decisions has profoundly undermined access to justice for injured victims of negligence, the rule of law, and the well-established principle of 100 per cent compensation,” said APIL (Association of Personal Injury Lawyer
paul35584
Nov 5, 20252 min read


Nurse killed 'up to 400' helpless patients in sick murder spree after 'needing to do something'
For 16 years, Charles Cullen worked as a nurse across multiple hospitals , secretly killing patients by administering fatal overdoses of medication into their IVs. It's estimated that Cullen may have murdered up to 400 people, making him one of the most prolific serial killers in modern history. Cullen had a difficult childhood. His father died when he was an infant, his mother was killed in a car accident while he was in high school, and two of his siblings also passed away
paul35584
Nov 3, 20255 min read


Firm fails in counterclaim against RTA client after negligence case dismissed
A firm has failed in its appeal against the dismissal of its counterclaim after its evidence was found ‘not sufficiently compelling to justify’ allegations it was misled by a former client. Cheshire-based firm Harrison Bryce Solicitors Limited was instructed by Abdul Shamaj after his car was involved in a collision with another vehicle. The firm accepted instructions on a conditional fee basis. While preparing for trial, Harrison Bryce wrote to Shamaj in March 2022 recording
paul35584
Nov 3, 20252 min read


Government seeks evidence for whiplash review
The government is seeking 'expert opinion, data and evidence' on the reforms which ushered in fixed tariffs for soft-tissue injury ‘whiplash’ damages. Announcing a post-implementation review of the whiplash reform programme, Sarah Sackman, justice minister, said the review would investigate the impact of raising the small claims track limit from £1,000 to £5,000 for road traffic accident-related personal injury claims. 'The reforms reduce the cost of making a claim, while ens
paul35584
Oct 31, 20252 min read


Clinical Negligence Payouts Triple in Two Decades
The cost of settling clinical negligence claims has more than tripled over the past two decades, according to a new report from the National Audit Office (NAO). Annual costs rose from £1.1 billion in 2006-2007 to £3.6 billion in 2024-2025. The government’s estimated liability for future claims has quadrupled over the same period, reaching £60 billion. The NAO said that it had repeatedly warned about the rising costs of clinical negligence, but “so far, no government has succ
paul35584
Oct 21, 20253 min read


NHS medical negligence liabilities hit £60bn amid surge in maternity payouts
Audit finds average childbirth injury case costs more than £11m to settle as watchdog urges stronger safety measures The NHS’s total liabilities for medical negligence have hit £60bn, driven by a jump in childbirth injury cases that cost more than £11m each on average to settle. The total sum of money the health service in England may have to pay out to settle lawsuits for mistakes by staff has quadrupled from £14.4bn in 2006-07, amid more claims and rising legal costs. The c
paul35584
Oct 20, 20253 min read


Litigation funders tap private credit market
As more traditional investment sources dry up, litigation funders are seeking to tap the private credit market. But the industry will have to adapt if such capital flows are to endure. The evolving nature of funds flowing in and out of the litigation finance sector came under the spotlight at Brown Rudnick’s packed European litigation funding conference last week. Many traditional investors, such as pension and endowment funds, are pulling back from investing in litigation be
paul35584
Oct 20, 20253 min read


NHS urged to investigate how much lawyers take from clients’ damages
NHS Resolution (NHSR) should investigate the level of fees claimant clinical negligence lawyers deduct from clients’ damages as part of efforts to control the cost of claims, the public spending watchdog has recommended. The National Audit Office (NAO) said the Department for Health & Social Care (DHSC) has accepted the recommendation from Parliament’s Public Accounts Committee that it needs to manage the costs of clinical negligence more effectively, “including a mechanism t
paul35584
Oct 17, 20254 min read
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