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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 08:36:35 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<link>http://blog.lblaw.co.uk/</link>
<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[What Do I Look for in My Solicitor]]></title>
<link>http://blog.lblaw.co.uk/what-do-i-look-for-in-my-solicitor-328/</link>
<description><![CDATA[
Brain injuries are complex and give rise to a variety of considerations when compared to other forms of injury. The choice of solicitor is crucial. The solicitor needs to understand the complexities of the claimants injuries and how it is likely to affect their day to day life.  The solicitor should specialise in personal injury work and not be a generalist. In particular, as well as specialising in personal injury, the solicitor should regularly deal with acquired brain injury and large multiple injury cases.  There are many solicitors who try to practice in all fields of the law and dabble with personal injury and brain injury cases.  As a rule of thumb this should be avoided.  There are various quality standards, which can assist in the choice of solicitor.  Ask whether: - 
   
    The solicitor is a member of the Law Societys Panel of Personal Injury Solicitors. 
   
   
    The solicitor is on Headways Approved List. 
    The solicitor is a member of the Law Societys Panel of Clinical Negligence Solicitors (for victims of medical accidents). 
    The firm holds the Legal Services Commission Specialist Quality Mark (LSCSQM) in Personal Injury or Clinical Negligence. 
    The firm have solicitors who are members of the Association of Personal Injury Lawyers. 
  These panels and the LSCSQM require the solicitor to demonstrate experience, and ensure that the solicitors firm has appropriate systems and resources in place.  Solicitors on Headways Approved List will be specialists in dealing with acquired brain injury.Recommendation from someone who knows the solicitor is a good idea.  Also have a look at the firms website and the solicitors profile. Most solicitors will offer at least a free half hour interview.  This interview can be used to ensure the client is comfortable with the solicitor and gives a chance to ask the questions of which, the client may be unsure. The solicitor should be asked about the type of cases they have handled in the past and their practice.For more information as to how Lanyon Bowdler could assist you, follow this link, or call me on 01743 280280 or email me at neil.lorimer@lblaw.co.uk. 
]]></description>
<category><![CDATA[Personal Injury]]></category>
<pubDate>Tue, 04 Oct 2011 11:49:09 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/what-do-i-look-for-in-my-solicitor-328/</guid>
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<title><![CDATA[How Honest is Your Hospital?]]></title>
<link>http://blog.lblaw.co.uk/how-honest-is-your-hospital-324/</link>
<description><![CDATA[
Do you expect hospitals to be honest and up-front with you?  You might think that if something went wrong with your treatment when you were a patient then the hospital would tell you the truth.  The reality is that these mistakes are often ignored and patients left in the dark about what happened. 
Although thankfully many people have a good experience in hospital, as many as a million patient safety incidents occur every year.  These mistakes can result in long-term disability or even death, but despite this only 6000 claims were reported in 2010.  It seems that many people who have had poor treatment are not claiming the compensation they could.  Patients are often simply not told the full facts about what has gone on in their care, even if they make a formal complaint 
After a long-running campaign to require hospitals to tell patients when there have been mistakes in their care, the government is finally starting to listen. The NHS is to be required to be more open and honest when things go wrong  but this is still a limited duty which is going to be very difficult to enforce.  It surely would be better for everyone if this culture of denial really changed  if hospitals were prepared to say sorry to patients when things have gone wrong and lessons learned from this to improve the quality of patient care for us all.]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Tue, 20 Sep 2011 09:42:14 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/how-honest-is-your-hospital-324/</guid>
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<title><![CDATA[Dangers of High St Opticians Failing to Offer Suitable Eye Tests]]></title>
<link>http://blog.lblaw.co.uk/dangers-of-high-st-opticians-failing-to-offer-suitable-eye-tests-317/</link>
<description><![CDATA[
In the Daily Telegraph on 18 August 2011. I noticed a small article reporting that the consumer watchdog, Which, had unearthed that High Street Opticians are failing to provide adequate eye tests which could prevent some of the most serious eye conditions being diagnosed and treated. Investigations specifically found that some opticians were failing to provide customers with thorough eye examinations and accurate prescriptions.
Unfortunately this is reflected in my own practice as a clinical negligence solicitor and indeed as a department we have noticed an increase in claims against opticians and optometrists, notably, the nationwide high street opticians who advertise widely over a variety of mediums.
Currently one of my most worrying cases is the alleged failure of an optician to urgently refer an 18 year old man who complained of recent onset of blurred vision. Despite presenting with some classic signs associated with glaucoma, inconclusive field vision tests and being unable to tolerate testing for intra ocular pressures he was simply referred to hospital on the choose and book system and was not offered an appointment with an Opthalmologist for several weeks.  In the meantime he suffered loss of vision in his right eye and was referred urgently by his GP only to be diagnosed with Primary Open Angle Glaucoma. Urgent surgery has preserved what little eyesight he had left but only for a period of 10 years and  unless there are considerable advances in medical science this young man is likely to be blind in both eyes by the age of 30.
One of the most worrying thing about the case is that the boys mother took both he and his sibling for regular eye tests but the opticians did not have the previous consultation and eye test results available for reference at the new appointments. Our investigations show that he had suspicious cupping measurements at an earlier eye test and our concern is that this lads eye condition could have been picked up in its very early stages and saved his eyesight completely.  
I consider that most people think the whole point of regular eye tests is to alert the customer of potential eyesight problems and particularly the more dangerous conditions like glaucoma which can develop without any symptoms and that is why this report is so worrying.  Apparently, of 40 optometrists visited by researchers, 12 were judged inadequate by a panel of experts, with one researcher given unsuitable prescriptions on six of her eight visits.
In the circumstances I would suggest that it is essential to ensure your eyes are being tested by an appropiately qualified Optometrist who will err on the side of caution and refer urgently if there are any symptoms suggestive of a serious eye condition.]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Fri, 19 Aug 2011 11:56:47 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/dangers-of-high-st-opticians-failing-to-offer-suitable-eye-tests-317/</guid>
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<title><![CDATA[Guidance to Spot Blood Clots in Patients Not Being Followed]]></title>
<link>http://blog.lblaw.co.uk/guidance-to-spot-blood-clots-in-patients-not-being-followed-288/</link>
<description><![CDATA[
According to statistics provided by the NICE (National Institute for Health and Clinical Excellence) over 10,000 lives could be saved by hospitals assessing patients for the risk of developing blood clots as soon as they are admitted to hospital.It is estimated that each year 25,000 people who are admitted to hospital die from preventable venous thrombosis (blood clots in the leg and potentially fatal clots which travel to the lung).This led to the Department of Health highlighting the need for action to address what has been described this silent killer, and new guidelines were brought out in January 2010.These guidelines advise that all patients should be screened for clot risk however, a BBC report on the 10th May 2011 has highlighted that doctors are not following the guidelines. The report is backed up by the analysis of The Department of Health data, which shows that just 30 percent of the UKs 159 Hospital Trusts in England are meeting the mandatory goal to risk assess 90 per cent of patients admitted to hospital.Under the NICE Guidelines, patients should be offered a range of treatments to reduce the risk of blood clots such as anti-embolism stockings and drug treatment if shown to be at risk. The cost of these preventative measures being more than off set by the saving in respect of claims by victims and their families of these preventable injuries.If you wish to know anything more about this issue please contact the Clinical Negligence Department at Lanyon Bowdler 
]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 11 May 2011 09:53:11 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/guidance-to-spot-blood-clots-in-patients-not-being-followed-288/</guid>
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<title><![CDATA[The Importance of Early Diagnosis - Congenital Dislocation of the Hip ]]></title>
<link>http://blog.lblaw.co.uk/the-importance-of-early-diagnosis-congenital-dislocation-of-the-hip-269/</link>
<description><![CDATA[
Congenital Dislocation of the hip (CDH) can cause life-long disability if it remains undiagnosed and untreated.  A child who had a congenital dislocation of the hip which went undiagnosed until she was six has recently made a successful claim against her G.P.  The case came before the Court recently and the Judge had to consider if the diagnosis of CDH should have been made earlier.  The Judge emphasised the importance of detecting CDH as soon as possible, and concluded that this should have been well recognised at the time that this patient was a baby (1988).  The G.P.s involved should have been aware of the signs that they needed to look out for when screening infants and if they had any suspicions that CDH might be present, should have carried out a follow-up check and made referral to an Orthopaedic Specialist.  
Those further investigations and referral had not taken place in this case, even though the G.P. had noted when examining the baby at seven weeks old that her hips were rather stiff.  
Although it can be difficult to detect CDH in the early weeks of the babys life, it was clear that here there had been some cause for concern.  It was important that if the Doctor had had any residual concern after a follow up check, that there should either have been an immediate referral to an Orthopaedic Specialist or re-examination within two to three weeks.  Failure to do this was negligent.
Medical experts agree that the earlier that CDH is diagnosed, the better the likely outcome.  In this case by the time diagnosis was made, the child had a full dislocation of the right hip whereas prompt diagnosis and treatment would probably have prevented any disability until well into middle age.
If you are concerned that you may have suffered from poor treatment with regard to diagnosis of Congenital Hip Dislocation then please contact the Clinical Negligence Department at Lanyon Bowdler.  The Clinical Negligence Team have previously obtained compensation for clients who have had undiagnosed CDH, and have the expertise to deal with this issue and would be happy to advise further.]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Thu, 24 Feb 2011 17:14:04 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/the-importance-of-early-diagnosis-congenital-dislocation-of-the-hip-269/</guid>
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<title><![CDATA[Faulty Hip Replacement Implants]]></title>
<link>http://blog.lblaw.co.uk/faulty-hip-replacement-implants-262/</link>
<description><![CDATA[
The Medicines and Healthcare Products Regulatory Agency (MHRA) have recently issued a Medical Device Alert in respect of Hip Replacement Implants produced by DePuy, a company specialising in the design and manufacture of orthopaedic devices used in joint replacement surgery.
DePuy have initiated a product recall of their ASR hip implants, which have been widely used by NHS and private hospitals in the resurfacing of hip joints and in total hip replacements since July 2003.
Doctors are being asked to return any unused implants and are instructed to cease using the devices in operations with immediate effect. Patients who have received implants after July 2003 are being urged to seek medical advice to see whether they may be affected. 
The recall has been initiated following research by DePuy into the effectiveness of their products. It emerged that the ASR hip replacement implants were substandard and that a higher than average number of patients who had been fitted with the devices required additional revisionary surgery within 5 years of initial replacement.
DePuy have issued a press release explaining that patients fitted with the implants may not necessarily need to have them removed, but that they will require additional follow up from the orthopaedic surgeon who fitted the device to check for any symptoms which indicate that their joint replacement is failing.
Patients are being warned to be vigilant for symptoms which may include pain, swelling and problems walking. These symptoms may indicate loosening of the implant, fracture of the bone around the implant or dislocation of the implant. 
If you are concerned that you have suffered from sub standard care with regards to orthopaedic surgery and if in particular you are aware that you have received a DePuy hip replacement which may be faulty you are encouraged to contact the Clinical Negligence Department at Lanyon Bowdler.
The Clinical Negligence team have the expertise to deal with a wide range of medical negligence matters and have extensive experience in medical product liability cases. ]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 26 Jan 2011 13:00:28 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/faulty-hip-replacement-implants-262/</guid>
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<title><![CDATA[Recording Radio Ads is a Nerve Wracking Business!]]></title>
<link>http://blog.lblaw.co.uk/recording-radio-ads-is-a-nerve-wracking-business-260/</link>
<description><![CDATA[
Recording at a music station is a bit nerve racking no matter how many times you have done it before. I have been recording my own adverts at Radio Wyvern for the last 8 or so years and was really pleased to be back there last week to record my advert for Lanyon Bowdlers Personal Injury and Clinical Negligence team.
I went to the studio in Worcester to meet Geoff who designs the ad and Holly our account manager who makes sure we get it all right. They are both great fun and put you at ease straight away.  
I bumped into breakfast DJ Rich Hurst or Hursky as he prefers to be known who laughed at being introduced to the voice behind the ad. Having played the ad for so long you wonder what they are expecting and cant tell if your physical presence is somewhat of a disappointment to your image on air. Thats the fun of radio.
We recorded in the studio with Jim Kerwood technical genius. The headphones and the big microphone make you feel like a radio news reader. After a few laughs and missed takes we had got a straight run of the ad that sounded just right.
Geoff then puts the music to the ad and the piece is put together and emailed over to us for approval, and much laughing at me in the office as we listen to the finished result.
Fame at last!]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Tue, 25 Jan 2011 15:04:15 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/recording-radio-ads-is-a-nerve-wracking-business-260/</guid>
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<title><![CDATA[How to go about applying for a Training Contract at Lanyon Bowdler]]></title>
<link>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</link>
<description><![CDATA[
We are now approaching the time of year when the deadline closes for applications for training contracts. Training partner Colin Spanner and current trainees Lynsey Cater and Louise Howard answer questions on what Lanyon Bowdler look for in a trainee and what to expect.
Why Lanyon Bowdler?
As a firm Lanyon Bowdler is modern and very client focused. The firm provides a full range of legal advice throughout Shropshire and Herefordshire, as well as nationally. Having previously been winners of Lawcareers.Nets Trainee Solicitor Award for Best Recruiter  Small Firm in 2009 (also winner in 2004 and nominated 2007 & 2008), the firm was nominated in the Best Trainer category of these awards in 2010.
The firm is recognised as Investors in People and our commitment to training and development was acknowledged in 2009 when we won the Training Award at the Midlands Business Awards. 2010 also saw us win the Law Firm of the Year (5 - 15 partners) at the Birmingham Law Society Legal Awards.
How many trainees do you take on?
At Lanyon Bowdler the policy is to offer two training contracts each year. As a training contract lasts two years, we therefore have four trainees at any one time, with two joining in September each year.
How many applications do you receive?
Each year we are inundated with applications for training contracts. This is especially so as not many local firms regularly take on trainees. This year we received 270 applications for a contract in 2011.
When is the closing date?
All positions for 2011 have now been filled. Applications for 2012 need to be submitted by 31 January 2011.
What do you look for in potential trainees?
To begin with, good academic records, and not just at degree level. We look back as far as GCSEs and A Levels. It is also important that a potential candidate is local to the area, or has connections with it, as we do like to retain our trainees. Hobbies and interests are also of relevance, as someone who has taken a year out or done some voluntary work shows that they have made the extra effort  this may give them an advantage over someone with identical qualifications.
What areas of law do trainees have seats in?
Trainees usually spend six months in a department so that over the contract period they gain experience in four areas of work, one of which will be contentious. Lanyon Bowdler has a wide range of legal departments and where possible, trainees are given a choice of seats.
What can I expect if I am invited to interview?
Lynsey Cater said when I was interviewed there was a two stage process but no presentation. I was asked questions which were aimed at the particular stage I was at and what I was studying at the time.
Louise Howards experience was a first general interview which included talking about the details on my CV, (I was so nervous I couldnt remember what A-Levels I had done and had to be prompted), and legal questions. The questions were tailored to the stage of my training, for example I hadnt yet completed the LPC so they concentrated on areas of law I would have covered on the CPE. The second interview included questions on current affairs where the interviewers clearly wanted to hear you talk and see how you reasoned about a particular situation.
What can I expect if I am offered a Training Contract?
The SRA requirement is that once a training contract has started, the trainee needs to keep a training record which must be completed throughout the two year period and submitted to the training principal at the end. It should record all the tasks completed whilst being a trainee and includes information such as  who the task was completed for, what the task was, what skills were used and what was learnt from it. 
There are also the compulsory modules of the Professional Skills Course to complete. These cover client care, finance and business skills, advocacy and communication. There are a further four elective modules which you chose according to what areas of law you are interested in.and just when you think all exams are over, theres a finance exam!
What happens then?
Lanyon Bowdler has an excellent record of retaining its trainees. The range of areas of law covered by the firm offers great opportunities for those wishing to train in law.
Lynsey Cater is now a fully qualified solicitor and working in Lanyon Bowdlers Commercial Property Department and Louise Howard is currently in her last seat and due to complete her training contract in September 2011.]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Tue, 11 Jan 2011 11:50:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/how-to-go-about-applying-for-a-training-contract-at-lanyon-bowdler-256/</guid>
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<title><![CDATA[Maternity Services in Crisis]]></title>
<link>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</link>
<description><![CDATA[
Maternity units are teetering on the brink under the relentless pressure of rising birth rates, warns Cathy Warwick General Secretary of the Royal College of Midwives, who announced her concerns to the media this week.
Over the past decade, the birthrate in the UK has increased by 19 per cent and is at its highest for over 26 years  yet the number of midwives available to care for mothers has increased by just 12 per cent, she explained. This renders the service at least 3,500 short of the number of midwives required to provide safe and high-quality care. 
Mrs Warwick explained that the historically high birth rate, increasing complexity of pregnancies and births and staff shortages meant that the safety of mothers and babies was too often being compromised and lives were being put at risk.
Last year it emerged that women were being forced to travel up to 99 miles in order to give birth after being turned away by overstretched maternity units.  Midwives have also spoken out against unsafe practices including the lack of supervision provided to mothers receiving epidurals. 
A recent survey reported that almost a quarter of mothers were left alone and frightened during labour because midwives do not have the time to provide one-to-one care.
The solicitors of Lanyon Bowdlers clinical negligence department have considerable experience in working with individuals and families facing the aftermath of all types of medical and clinical accidents. In particular our team has expertise in birth injury, cerebral palsy, obstetrics and maternal injury claims. 
Mothers and their families concerned about the standard of care provided to them are encouraged to contact the Clinical Negligence Department on 0800 9549936 for further assistance and advice. ]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 05 Jan 2011 15:43:19 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</guid>
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<title><![CDATA[Victims of Medical Accidents Deprived of Access to Justice]]></title>
<link>http://blog.lblaw.co.uk/victims-of-medical-accidents-deprived-of-access-to-justice-243/</link>
<description><![CDATA[
In his speech to the Commons Kenneth Clarke portrayed a Legal Aid budget which was out of control, with annual spending of 914m.  The suggestion made was that the only beneficiaries of the present funding scheme were the fat cat lawyers.  Against this background, he sought to introduce planned cuts of 340m.
Jonathan Freedland in the Guardian newspaper on 16 November eloquently wrote of the true impact on access to justice.  He referred to the idea that underpinned the establishment of Legal Aid after the war.  That a true welfare state should provide universal access not only to education and health but to justice.  He pointed out that equality before the law has to mean equal access to the law.  In his view (and a view shared by many others), the planned cuts will undoubtedly have a serious impact on access to justice.
As part of this planned spending cut we are told that Legal Aid will be denied to those seeking to bring a claim for compensation for medical negligence.
Medical negligence, also known as clinical negligence, only amounts to a mere 1.85% of the entire Legal Aid budget.  The current scheme of public funding ensures that those of a low income, who are the victims of a medical mistake, can get access to justice.  Without such a scheme they will have no alternative but to try and find a solicitor who is willing to take their case on, on a no win no fee basis.  Inevitably this may be difficult. 
The outcome of clinical negligence claims is notoriously difficult to predict.   At the time of initial instruction the lawyer will not have sight of any medical records, or access to expert medical opinion and will only have the clients version of events.  Notwithstanding, he is required to assess the merits of any claim for compensation and decide whether or not to offer legal representation.  Even with formal claims screening procedures and risk assessment it remains difficult to accurately predict case outcome. 
Many lawyers are reluctant to take clinical negligence cases on on a "no win, no fee" basis because they are adverse to risk, and perhaps quite reasonably, do not wish to gamble their fees dependent on a successful outcome, where the prospects of success are unclear.  As a consequence it is inevitable that only the most clear cut cases will be taken on.  In this way many whose lives have been destroyed by medical negligence will be denied recourse to justice.  There is no other profession or service industry where payment for services is conditional on success.
The conditional fee agreement scheme when introduced allowed lawyers who took on cases, (and thereby effectively gambled payment of their fees dependent on a successful outcome and also agreed to wait for payment), to charge a success fee to reflect such risks and the cost of delayed payment.  It was made clear that in assessing risks it was necessary not only to look at the risks or prospects of success in an individual case, but to consider the overall level of risk in relation to all client matters.  There would be winning and losing cases in equal measures.  Statistically, provided the success fee was adequate, the winning cases would pay for the losing cases where costs had to be written off.
Kenneth Clarkes proposals rely upon a continuance of the current regime of no win no fee agreements, which suggests that he obviously has not read or considered in any detail Lord Jackson costs review and proposals for change to the current no win no fee scheme.
If the current plans and recommendations are implemented it is difficult to envisage precisely what help will be available to the many victims of medical injury who, through no fault of their own, may no longer be able to bring a claim for compensation.]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Mon, 22 Nov 2010 18:48:14 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/victims-of-medical-accidents-deprived-of-access-to-justice-243/</guid>
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