solicitors personal injury€¦ · solicitors personal injury newsletter issue 3 newsletter issue 3...

T H O M A SD U N T O NS O L I C I T O R S

PERSONAL INJURYPERSONAL INJURYNEWSLETTER Issue 3 NEWSLETTER Issue 3

Negligence & CausationFor a successful claim you need to proveboth Negligence and Causation.

Negligence — that the medicalattention you received fell belowacceptable standards.Causation — that the negligence itselfresulted in an injury to you.

It is not enough to prove negligence,you must also prove that you sufferedan injury as a result.

Examples of Clinical Negligence• Failing to diagnose your condition or

making the wrong diagnosis.• Making a mistake during a procedure

or operation.• Providing the wrong drug.• Failing to warn about possible risks or

side effects

Initial action to takeUpon making a formal complaint, youshould receive an apology, anexplanation and assurances that theproblem has been addressed and otherpatients are not at risk. If there has beennegligence, compensation may be due toyou and legal action may be required.

Instructing a SolicitorLegal action can be costly, lengthy andvery stressful. Your specialist ClinicalNegligence solicitor will assess the

strength of your case and possible valueof the damages.

They will need the positive opinion ofan independent medical expert. If asupportive report cannot be obtained,then your case will not succeed.

Hospital Related InfectionsInfections acquired in Hospital are ofcourse not a new phenomenon, butwhat has come to the fore in recentyears are the serious risks posed tohealth by antibiotic resistant strains.

The great difficulty in pursuing asuccessful claim is addressing the socalled “Causation” problem. You needto establish that the infection wascontracted as a result of Negligence onthe hospital’s part rather than merelyby way of non-Negligent means such asa visitor passing an infection to apatient or the infection pre-existingeven before the patient was admittedto the Hospital.

Now that Screening pre-ElectiveProcedures is routine, it iseasier to establishwhether theinfection occurredafter an operationand, therefore,was inevitablycontracted in theHospital.

THOMAS DUNTON SOLICITORS, 217-219 HIGH STREET, ORPINGTON, KENT BR6 0NZ WWW.INJURYADVICELAWYER.CO.UK [email protected] T: 0800 146340

Are you considering a claimfor Clinical Negligence?

Why choose ThomasDunton Solicitors?� Specialist Personal Injury TeamYou will speak to a qualified lawyer, not alegal adviser at a call centre.

� Free One Hour Face To FaceInterview We will offer you a free one hour

face to face interview – without obligation.This enables us to see your injuries and theeffect they have on your health, financesand social life.

� Maximum CompensationWe will strive to achieve the maximumcompensation for your injuries. Did you knowthat accident victims who turn down aninsurer’s initial offer and seek legal advice geton average 2–3 times more compensation? (Source: The Law Society 2013).

� No Win, No FeeWe will offer you a full range of fundingoptions, including “No Win, No Fee” whereyou do not have to pay any upfront costsand there is nothing to pay should you losethe case.

� No Hidden Costs or Extra FeesWe will explain everything in detail so you knowexactly what your costs are likely to be beforeyou decide whether to instruct us.

� RehabilitationApart from striving for the maximumcompensation, we will be actively pursuingthe defendant to fund additional medicaltreatment to enable you to get back to fullhealth as quickly as possible.

� Home & Hospital AppointmentsShould you be unable to attend our offices,we will be pleased to meet you at your homeor hospital.

To arrange yourfree consultationSimply call or email our offices to arrangean interview and mention the scheme.You will be under no obligation to take thematter further if you do not wish to do so.Telephone 01689 822554 or [email protected]

UNFORTUNATELY, sometimes it is necessary to claim compensation if“on the balance of probability” your medical treatment was carried outnegligently and this caused your injury.

Robert is Head of the Personal Injury Team. He qualified as aSolicitor in 1992, joining Thomas Dunton in 2004. He hasSenior Litigator Approved Status with the Association ofPersonal Injury Lawyers (APIL) and is an Approved Memberof the Law Society's Specialist Personal Injury Panel.

Robert Sardo

Come and talk to us: we have been helping peopleto claim fair compensation for over 40 years.

The information in this newsletter is of a general nature and may not reflect your individual circumstances. Please also note that details may change.

Safety isno accidentALL employers have a duty toprotect their workers, contractorsand visitors from accident or injury.

All machinery must be regularlyinspected and maintained and theworkplace must be clean, tidy and freefrom hazards.

All employers (except for very smallcompanies) are legally obliged to keep an“accident book” into which all accidentsare recorded.

They are legally obliged to report certainaccidents such as a death, major injury orone that stops an employee carrying outtheir duties for more than 3 days. Theymust pay statutory sick pay, or contractualsick pay if that is in their contract ofemployment, and allow any necessary timeoff for a work related injury.

The employer should carry out a riskassessment to ensure that there areadequate first aiders on hand and whatequipment and facilities should beavailable.

Sick PayThe employer is only obliged to payStatutory Sick pay if the employeeneeds to have time off work becauseof a work related accident. However,you may decide to pay extradepending upon the circumstances.

What you need to doIf there is an accident, you shouldtake the following actions:• Make sure the injury is recorded in

the “Accident Book”;• Make sure the accident has been

reported;• Check the contract of employment

for details regarding sick oraccident pay;

• Take immediate action on anyongoing health or safety issues.

MAKING a claim forcompensation following afatal accident is never easy.It is a very emotional timeand it may seem to someas if they are makingmoney from the death of aloved one.

However, compensation can beessential in providing a securefuture for dependants. It will helpto reduce the financial strainfollowing the loss of a spouse orpartner, who may have been thebread-winner or contributed to thehousehold bills.

It also helps to bring closure bybringing the person who causedthe accident to account.

In the UK, the courts will notjust look at the immediate effect ofloss of household income, but alsowhat effect the death will have onfuture earnings, pensions, statebenefits and any other income thatmay be affected.

Who can make a claim?A claim can generally be made

only by those who were in someway dependent on the deceased.The law specifies the followingwould be entitled to bring a claim:• A spouse or civil partner

(including those where the

Fatal Accident Claims

BUYING & SELLING A PROPERTY• Buying or Selling Your Home• Acquiring Commercial Premises• Renting and Leasing

BUSINESS SERVICES• Buying and Selling a Business• Employment Law• Free Business Health Check

FAMILY• Divorce and Separation• Children and Child Care• Domestic Violence

PERSONAL INJURY• “No Win No Fee” Funding• Maximum Compensation• Free Initial Interview

• Lasting Powers of Attorney• Inheritance Tax• Court of Protection

Here are just a few of the topicsfound on our website, together

with a full list of our serviceswww.thomasdunton.co.uk

WILLS & PROBATE

Your free interviewwith ThomasDuntonAT Thomas Dunton we don’trepresent insurance companies anddon’t employ middle men: our firstand only priority is to our clients.

We use our years of experience andexpertise to provide the personal andcommitted service that you need tomaximise the compensation for yourinjury.

Unlike some national law firms whereyou are restricted to a phone call oremail to an adviser at a call centre. weoffer a free one hour interview, either inour offices, or if this is not possible, inyour home or at hospital,

This meeting will enable us to seeyour injuries and the effect that theyhave on you physically, psychologically,emotionally and financially. We are thenin the best possible position to judge themerits of your case and provide the bestadvice.

We will explain everything in detail soyou know exactly what your costs arelikely to be before you decide whetherto instruct Thomas Dunton.

There will no obligation to use ourservices.

marriage or partnership has beenannulled or dissolved).

• A person who had been living with thedeceased.

• Children and stepchildren.• Parents and siblings of the deceased.

Please contact us if you are unsure ifyour relationship to the deceased entitlesyou to make a claim.

How Thomas Dunton can helpOur aim is to provide sensitve,practical, clear and cost effective adviceto support you through what is adistressing and emotionallyoverwhelming time. We will work withyou in a quiet and unobtrusive way andwill always be available should youneed reassurance or support.

how your injury occurred, thenature of the injury and the effectit has had on you mentally,financially and socially.

From this information, we arethen in the best possible position tojudge the merits of your case andprovide the best advice. There is noobligation to use our services.

When you initially contact us, you willspeak to Robert or one of his team. Youwill always speak to a qualified personalinjury lawyer, not a legal adviser at acall centre. Detailed below is how theprocess of a claim usually progresses.

First interviewThis is completely free and enables us

to find out the exact circumstances of

Second interviewIf it is decided to proceed with the claim,

we will explain the whole process to you andwe can agree the method of funding.

You will need to bring with you youridentity documents, e.g. passport, togetherwith any documents/records you have aboutyour accident.

Permission may also be required for us towrite to your doctor and any hospital youhave attended to obtain your medical history.

RehabilitationApart from striving for the maximum

compensation, we will be actively pursuingthe defendant to fund additional medicaltreatment to enable you to get back to fullhealth as quickly as possible. As a localsolicitor we will be familiar with local servicessuch as Osteopathy, Physiotherapy, etc.

Presenting your caseWe now prepare your case and present it to

the defendants who have a set period of timeto consider the claim.

If they accept responsibility, we obtain andpresent to them expert medical evidenceabout your injuries.

At this point an offer of compensation ismade and we will advise you as to whether ornot we believe the amount to be a fair offer. Ifthe offer is accepted, we arrange all thepaperwork and a cheque is sent to you.

If we believe it is an unfair offer and youhave grounds for a better award, we’llnegotiate for you to have the amountincreased.

Only if the defendants won’t make a realisticoffer or accept responsibility for your accident,do we use Court proceedings

WE have a specialist team headed by Robert Sardo who, with over20 years’ experience, has Senior Litigator Approved Status with theAssociation of Personal Injury Lawyers (APIL) and is an ApprovedMember of the Law Society’s Specialist Personal Injury Panel.

How the legal process worksfor a compensation claim

THOMAS DUNTON SOLICITORS, 217-219 HIGH STREET, ORPINGTON, KENT BR6 0NZ WWW.INJURYADVICELAWYER.CO.UK [email protected] T: 0800 146340

For more detailed informationon subjects in this newsletterand other types of PersonalInjury and how we can helpyou, please visitwww.injuryadvicelawyer.co.uk

Please visitour website Cosmetic Surgery Claims

AS more and more people havebecome aware of the range oftreatments available, so too has thegeneral public’s expectationsincreased to such a degree thatthere is a danger of losing touchwith realistic outcomes.

Advanced warningsPotential risks must be explained to thepatient and, preferably, a very detailednote kept. The preparation of sketcheddiagrams, for example showing potentialoutcomes and even scarring, can be a wisestep. After all, a patient’s expectationswill, as stated, be high.

Whilst pre-printed pamphlets andinformation can be helpful, a personalisedletter to the patient outlining potentialrisks goes one helpful step further.

Pre-surgical advice may extend to otherrisk factors such as cigarette smoking.Avoidance of smoking and even nicotinesubstitutes reduces the risk of majorhealing complications e.g. nipple necrosisor gangrene.

The operation may be sub-standarditself, such as contour irregularityfollowing liposuction.

Equally poor planning can, for example,impair blood supply and this may or maynot be revealed by the operative notes.

Post-operationPost-operatively if there is a delay indiagnosis then secondary complicationsmay occur e.g. peritonitis caused byaccidental perforation of the intestines.Nursing notes may reveal lack of aftercaretoo in this regard.

Carefully planned scar revision surgerymay be of benefit. However red and lumpyscarring may not always be avoidable.

Please contact us if you believe yourtreatment was not to the standardyou expected.

FARMING and tree surgery arerecognised as two of the mostdangerous industries to work in.Agriculture alone accounts for onein five workplace fatalitiesaccording to the Health andSafety Executive.

Employers are legally responsible forthe safety and welfare of their workersand by managing these risks, theyprotects themselves, their workers andtheir business.

Tree Surgeons (Arborists) are oftenplaced in a number of dangeroussituations during their normal workingday. As with farming, injuries sustainedwhen working at height or with dangerousmachinery can be life-changing.

Tree Surgeons working at heightFalling from a height is the cause of mostfatal accidents at work, as well as some ofthe most serious injuries. The Work atHeight Regulations 2005 was introduced toprotect workers and the main points are:• The work must be properly planned and

supervised.• If working at height is unavoidable, any

risks should be eliminated or reducedwherever possible by providingappropriate equipment.

• Everyone must be properly trained andall equipment must be in a safe andfully-working condition.It is not advisable to allow employees to

work at height on their own. Great careshould be taken when dealing with

diseased or dying trees in particularas branches are more likely to break.

Equipment such as ropes, harnessesand platforms must be regularlyinspected and training given on howto use them.

Tree Surgeons operatingdangerous machineryTwo of the most dangerous pieces ofequipment are chainsaws and stumpgrinders. They both have the potentialto cause horrific injuries or death.

It is a legal requirement thatanyone using a chainsaw must haveadequate training to cope with allsituations in which it may be used,and that they must wearappropriate protective clothing.

Tree Surgeons hit by fallingtrees/branchesHeavy objects such as branches orpieces of equipment, or even acolleague, falling from a tree cancause injuries to those on the ground.

Employees should always becognisant of what is happening abovethem and always wear a safety helmetand other protective equipment whenworking at ground level around trees,just as when working at height.

If you have been injured whileworking as a tree surgeon and theaccident may have been avoided inany way, you may be able to makea Personal Injury claim forcompensation.

A dangerous profession

Please contact us at217-219 High Street, OrpingtonKent BR6 0NZ • 01689 822554

Freephone 0800 [email protected]

Authorised and Regulated by the SolicitorsRegulation Authority, No 49047.

The information in this newsletter isof a general nature and may not

reflect your individual circumstances.Please also note that details may change.


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Free Information LeafletsAvailable from our offices or

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At Thomas Dunton, the aim of ourspecialist Personal Injury team is togain maximum compensation for thevictims of work and industrialdiseases including:

Asbestosis

Asbestos was used in the past by theconstruction industry, because it did not burnand therefore provided fire protection and wasused as a form of insulation. By breathing in theasbestos dust, the lungs can be scarred, whichcan lead to shortness of breath and coughing.

Occupational Asthma

Asthma at work can be caused by one ofover 400 identified substances that areclassed as having asthmogenic or allergenicproperties. Breathing in dust, gases, fumesor vapours can sometimes trigger an attack.

Noise Induced Hearing Loss

Damage to the sensitive hair cells within theear reduces our ability to hear sounds. Loudnoises over a continuous period, or even aone off experience of extreme sound, can dopermanent damage.

RSI (Repetitive Strain injury)

Repetitive Strain injury (RSI) is a general termgiven to describe the pain felt in muscles,nerves and tendons caused by repeatedmovements and overuse.

Please visit our website or call us on01689 822554 for more information.

Work andIndustrial Diseases

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