Can an employee appeal against a redundancy decision?

Whilst it may not be a mandatory requirement to offer employees who are made redundant a right of appeal, it is good practice to do so and will assist employers to address any procedural or other issues to ensure due consideration of all relevant factors and, may assist employers to defend any subsequent Tribunal claim.

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What can cause a birth injury to the baby?

It is possible for birth injuries to be caused by a number of potential errors made by hospital staff, including but not limited to:

    • not detecting distress signs shown by the baby, such as an irregular heartbeat or low blood sugar level
    • not delivering the baby quickly enough
    • trying to deliver the baby naturally when it is in an unconventional position.

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Can I bring a claim on my child’s behalf?

Yes. Any injured patient under 18 years of age is considered a child. This means they lack ‘capacity’ to bring the claim themselves and a litigation friend is appointed to bring the claim on the child’s behalf. The litigation friend is often a parent or guardian to the child. However, the court can decide that a different party would be suitable (such as a family friend or a solicitor).

The litigation friend is appointed by the court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner in the best interest of the child. A litigation friend must also file and serve a certificate of suitability.

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What is A&E negligence and what standard of care can I expect?

Doctors and nurses within A&E departments are working in extremely pressurised environments and are required to treat patients at speed and in a safe manner. The law states that junior doctors are judged to the same standard as their more experienced colleagues, even though many junior staff will be on a steep learning curve.

A&E doctors and nurses are often not expected to decide upon a definite diagnosis since an ailment could be representative of a vast number of conditions. However, they are expected to place the patient on the correct pathway which will eventually lead to the correct diagnosis. A&E doctors a.nd nurses are also expected to triage patients correctly so that the most urgent cases are addressed first

What are the most common types of misdiagnosis in A&E?

Some of the most common injuries from negligent diagnosis and treatment within A&E departments are:

·         Fractures

·         Meningitis

·         Aortic aneurysm

·         Cauda Equina Syndrome - i.e. damage caused to the bundle of nerves below the end of the spinal cord.

 

What can cause a birth injury to the mother?

It is possible for injuries to occur naturally during childbirth. However, unfortunately, errors are sometimes made by hospital staff which can cause injuries. Hospital staff are expected to be able to recognise risks and take the necessary preventative actions. Some examples of possible errors include:

·         Delayed caesarean section causing damage to other organs, nerves or blood vessels

·         Warning signs being missed in relation to placental abruption (i.e. the placenta is dislodged from the uterus wall prior to childbirth)

·         Incorrect administration of anaesthetic (in terms of quantity) which can cause brain damage, nerve damage and unnecessary pain.  

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Can I bring a claim on behalf of a loved one?

If the person who has suffered the brain injury no longer has capacity to bring a claim themselves, then you can bring a claim on their behalf. You would be appointed as a Litigation Friend.

The Litigation Friend is appointed by the Court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner. A Litigation Friend must also file and serve a Certificate of Suitability at the Court.

What are the common symptoms of cancer?

Different types of cancer have different symptoms. However, there are certain warning signs that GPs should recognise and act upon (often by referring the patient to a specialist).

Examples of common symptoms include:

  • Fast growing lumps
  • A persistent cough for more than three weeks, chest pain and breathlessness
  • Changes in bowel habits, such as seeing blood in your stools and experiencing consistent bloating or diarrhoea/constipation
  • Changing appearance of moles in terms of shape, size and colour  
  • Sudden weight loss without another reason.
What are the most common misdiagnoses of cancer?

Many types of cancer can display symptoms which are similar to other conditions which are not cancerous. Unfortunately, this can result in the misdiagnosis of cancer.

Examples include:

·         Breast cancer – can be confused with benign lumps and other inflammatory breast conditions

·         Bowel cancer – can be mistaken for conditions such as irritable bowel syndrome (IBS) 

·         Lung cancer – can be confused with other infections such as pneumonia or bronchitis

·         Pancreatic cancer – can be mistaken as pancreatitis (i.e. an inflammatory disease).

Can I bring a claim on behalf of a relative who has passed away from cancer?

It may be possible to bring a claim on behalf of a deceased relative who has suffered from medical negligence. The family of the deceased need to apply for a Grant of Probate which is issued by the local Probate Registry.

If the deceased did not leave a will, the person granted Probate is called an ‘Administrator’. However, if a will is in place, the person is called an ‘Executor’ instead. Regardless of the title, both an ‘Administrator’ and an ‘Executor’ can pursue claims on behalf of all Dependants of the deceased within the relevant Limitation period.

 

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Tees coronavirus update

We’re open and here to help you. We’re running as normal with our employees all working from home.

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You can call us as normal on 0800 013 1165 or email us: hello@teeslaw.com.

You can also find contact details for all our advisers here. 

As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

If you are a client, please be assured you can get in touch with Tees and we are still working on your case. To replace face-to-face meetings, we have the facilities to do video-conferencing, conference calls or just speak on the phone, as you need.

Due to the circumstances, please call us if you would have wanted a home visit, and we can organise the best and safest way of being in touch.

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