For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be successful, two further things must be shown. Firstly, the...

A dancer, who suffered severe brain damage whilst a patient in hospital, was awarded a settlement worth an estimated £20million. Kerstin Parkin, a professional dancer, was awarded the sum by Bromley Hospitals NHS Trust after...

A doctor must warn patients of even slight risks before operating. Failing to do so is negligent. In a recent case, in spite of the fact that the operation itself was not performed negligently, the suffering of a patient as a result of the operation was...

Sometimes, cases involving personal injuries lead to decisions which do not at first glance seem to be those you would expect. Following a similar case some months ago, involving a woman whose car collided with a bus, a further case has...

An upsurge in MRSA cases against hospitals is expected as health and safety legislation is being used by lawyers as a basis for compensation claims. In the past, it has been difficult to prove cause and effect in MRSA cases. This is because patients...

If a person suffers injury due to medical (or clinical) negligence (e.g. in the course of an operation), they may be entitled to claim damages. All doctors owe their patients a duty of care and a claim may be made based on the law of tort. In the private...

It is common knowledge that taking action in the courts against an opponent who disputes your claim can be stressful and expensive. Recently, alternatives to bringing court action, such as alternative dispute resolution and mediation, have become more...

The majority of personal injury victims feel more confident with legal representation than they do if relying solely on insurers, according to Law Society research. Three quarters of personal injury victims do not feel confident about bringing a claim on...

A structured settlement is a type of settlement normally used in accident and medical negligence claims as an alternative to the payment of a lump sum by the defendant to the claimant. A structured settlement may have three components....

Laws regulating unscrupulous claims companies and aiming to reduce the fear of litigation for those engaged in what are deemed to be 'desirable activities'  are dealt with under the Compensation Act 2006,  which regulaties so called 'claims...

Human rights law has thrown up some controversial issues over the years, as illustrated by a recent case in which a mother was awarded €25,000 in damages and costs as compensation for her severely disabled son being given the painkiller diamorphine by...