Jan 31

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The NHS is a colossal institution, and the number of patients that must be treated by it is unimaginable. Because of this, it is a massively over burdened institution. Not only does it have to account for, and make sure all its staff are behaving professionally; it also has the mammoth task of making every patient feel well looked after, and helping as many as they can, as quick as they can.

And all of this has to be done on an extremely limited budget. There are plenty of medicines that cannot be used to treat certain ailments, purely because the NHS cannot afford them. This, and a shortage of space is a big problem, meaning that sometimes really sick people are forced to wait ridiculous amounts of time to get treatment, for there is just not enough space. To tackle this problem, targets have been put in place for how long waiting lists should be, and how long any given patient should have to wait.

These targets, however, are not particularly helpful. Nurses and doctors are the people who know how best to treat their patients. They would not treat someone for longer than was absolutely necessary, for they know there are people waiting for these resources. Yet ministers put in place targets, for which medical professionals will be penalised for not meeting, which can be met only by compromising the care given.

There have been plenty of reports in the past regarding the fact that people have just been struck off waiting lists so that the list would fall under targets. Rushing people through the care they need so as to shorten the waiting list is also something which has been done in the past. And it is understandable why: if the doctors were to treat everyone how they wished, they would not meet these targets.

In short, if there is not enough money or resources, then only a certain amount of people can be treated at one time. Placing targets onto professionals to try and increase the amount of people seen over time, will not change how much resources there are, and will only serve to compromise care.

Speak to specialist clinical negligence solicitors about claiming compensation.

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Jan 31
Weirdest car crashes
Posted by Noreen Darshowiz in Compensation Articles on 01 31st, 2012| | No Comments »

You might think that being a good driver is all about being prepared for the unexpected. No matter how careful you are though, sometimes you can never be ready for what’s about to come along, as these unfortunate incidents show.

Another unexpected incident occurred in Canada the same summer, when a couple were killed by none other than a flying bear. The enormous creature had been hit by a car on the other side of the road and came hurtling through the couple’s windscreen, exiting through the rear window. Somehow the passengers in the first car survived, but the bear wasn’t so lucky.

It’s not just big obstacles that can do damage however, as shown in Swansea, Wales in the same year, where a four car pile-up ensued after someone threw a chicken bone into the road. The offender meant to throw the bone at some friends, but instead threw it straight into the path of an unmarked police car, which made an emergency stop causing the accident. The man responsible was made to pay 85 court costs in a case which the judge said was the most bizarre he had ever known.

You might know someone who acts like a kid behind the wheel, but French police were surprised to find an actual child taking the helm after a road accident early this January. The 10 year old had crashed his father’s car into a pylon after taking it when he missed the school bus. You have to admire his determination though- and he made sure to tell police that he was wearing his seatbelt the whole time.

Finally, crash landings don’t come crazier than this, as this month California police recovered a vehicle parked on top of a roof. The driver had hit some rocks on the road, which propelled the car up into the air and directly on top of a house. Despite the impact, the driver still had the energy to flee the scene wearing nothing but his underpants, as the police wanted him for two counts of theft.

If you have been injured on the road, you may be able to make a road traffic accident claim.

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Jan 31

Road traffic accidents are a growing problem, and despite the number of speed related collisions and deaths being reduced, the number of other causes such as mobile phones, drink and drug driving, and simple tiredness or not wearing a seatbelt. Here are the facts to keep you from making trivial mistakes that can cost lives.

Driving under the influence is a criminal offence, and refers to not only having one too many pints; it refers to anything that can impair your senses and judgement. Being under the influence of drugs and/or alcohol can cause slow reaction times and a lack of concentration, hallucinations, dizziness, tremors and more. It doesn’t matter how much of a careful driver you think you are, or how unaffected you feel, the police will pull you over, and will be able to test and arrest you on the spot for driving under the influence. Sentences include a minimum 12 month driving ban, a fine of up to 5000, and a criminal record. If a death is caused due to driving under the influence, a minimum 14 year prison sentence is to be expected.

One of the main culprits for averting a driver’s attention is the mobile phone, and that includes using them hands-free. One well known road safety campaign put out the message “Missing a call won’t kill you”, trying to make drivers think again about answering their phone when at the wheel. Police on the Isle of Man have put up road side messages threatening a maximum penalty of 1000 for anyone caught using a mobile at the wheel, hands -free or not.

Around 20% of all road accidents are caused by fatigue, and sleep related accidents are more likely than accidents of any other cause to be fatal or cause serious injury. The risk is even greater when commercial vehicles are involved. To help prevent fatigue it is best to remember the following. If you have to take long journeys try to take a break every 2 hours, and have a caffeinated drink. Remember that caffeine takes round 15 minutes to kick in. Be aware of the risks if you have to travel particularly early in morning or late at night, and plan for regular breaks or even an overnight stay along the way. If you become overly tired, find a safe place to stop like a motorway services or similar, NOT the motorway hard shoulder.

Road safety should be priority for all drivers, and in most cases it is. However there are the few who cause the number of road deaths and accidents to remain, and this is due to small and simple acts that have catastrophic consequences. Keeping within speed limits, ignoring or switching off your phone, and leaving the recommended 2 second gap between yourself and the car in front can all help improve your focus and keep our roads safe for everyone.

Find out more about road accident claims with MoneyBright.

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Jan 30

Despite there being no government-backed recommendation to remove all PIP breast implants thought to be faulty, the NHS has announced that they will be offering 3,000 women replacement implants following this latest worldwide health scare. These 3,000 women were originally given the ‘boob job’ on the NHS – many of them were cancer patients – so it stands to reason that any one of these women distressed by the latest claims that PIP implants are potentially a health risk should get them replaced for free. But what about the other 47,000 women in the UK thought to have PIP implants?

These 47,000 women, however, are entitled to the removal of these implants on the NHS should the woman be severely stressed by the recent announcements that PIP implants could be unsafe. Lansley has said how the NHS has duty of care to support those when there is ‘clinic need’, which is this case applies to women (whether or not the implants were done the NHS) who are overwhelmed with anxiety.

As it stands, all 50,000 could be eligible to have their implants removed on the NHS. The 3,000 NHS patients automatically qualify for not just the removal, but the replacement of their implants with high-quality alternatives. However, those who had their breasts enlarged privately are not offered replacements, just the removal. The Health Secretary Andrew Lansley says how the NHS has a duty of care to help if there is ‘clinical need’. In the case of PIP implants, this applied to the anxiety caused by this latest scandal.

Although many agree that private clinics or the French supplier of the PIP implants should be paying for the surgery, a report conducted by Lansley has concluded that there is no substantial link between the rupture of the PIP implants and cancer, despite France declaring that cases there do prove such a link. Despite Jean-Claud Mas, the former Poly Implant Prosthese owner (the factory for which has since closed down) facing international criminal charges, women fitted with PIP implants are still unable to claim compensation for their distress.

So should the NHS be paying to remove all these potentially faulty implants? Well, with no legal obligation for private clinics to remove these implants, most would agree that yes; the NHS should support these women just as they would those with other self-inflicted medical problems such as alcoholism, smoking and obesity.

Speak to expert medical negligence solicitors for help claiming compensation.

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Jan 30

Have you suffered an injury as a result of medical negligence? If so, it’s possible you’ll be able to make a claim for compensation. The only problem is, how are you going to pay for it? Solicitors’ and barristers’ fees, paying for expert witnesses, it all adds up! Luckily, there are a range of funding options available for medical negligence claims. We’ve highlighted the five main methods below.

1. Legal Aid

Despite the widely publicised cuts to legal aid funding, it is still available in some situations. To find out if you are eligible to claim legal aid, contact a solicitor. They will need some information from you, such as your income and expenses and those of your partner (if relevant), details of your savings and information about benefits you claim. A good solicitor should be happy to provide some initial advice free of charge.

Number 2: Legal Aid

Legal expenses insurance (LEI) is not designed to make direct payments towards your claim; instead, it covers you for costs like hiring an expert witness to testify to the severity of your injuries. It can also cover you for costs like solicitors’ and barristers’ fees. If you think this might be the best funding option for you, ask your solicitor for more information on how it works.

Conditional Fee Agreements (no win, no fee)

A Conditional Fee Agreement, also known as ‘no win, no fee’, is a situation in which you are not required to pay anything towards the cost of your medical negligence claim. Instead, if your case is successful your solicitor will claim all fees from the opposing side. Law firms tend to take cases on a conditional fee basis when the chance of winning is very strong; to find out if your case qualifies, contact a firm that offers ‘no win, no fee’ for a free consultation.

Trade Union Funding

More famous under their alternative name (no win, no fee) Conditional Fee Agreements are an agreement between solicitor and client that the solicitor will not take a fee for their services. Instead, they will claim their expenses and a success fee from the opposing side. CFAs are typically available to clients with very strong chances of success. To find out if you are eligible to make a claim under these conditions, speak to a ‘no win, no fee’ medical negligence solicitor.

Number 5: Fund Your Claim Privately

If all other funding options are unavailable, you may have to cover the cost of your claim yourself. In such situations, solicitors will be happy to discuss pricing to give you an idea of how much the case is likely to cost.

Once you’ve decided how to fund your medical negligence claim, you will need a solicitor capable of guiding you through the compensation claims process.

If you have suffered as a result of clinical negligenceand want to make a claim, visit JMW’s site to seek professional advice from clinical negligence solicitors and how they can help you.

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