Livberpool Care Pathway

Experts are again speaking out to demand the highest possible level of supervision for patients on the Liverpool Care Pathway.

Under the pathway patients can be denied water or nutrition, may be heavily sedated, denied treatment to prolong life and not be given unecessary tests or treatment. The pathway was designed in the 1990's to ease the distress of the last hours of the dying patient and presently requires only one duty doctor to approve it's use.

Twenty bodies including Royal College of Practioners, Royal College of Physicians, Royal College of Nursing, Age UK and the Alzheimer's Society are now calling for a change to be made whereby at least two medical staff, one of whom should be the most senior on duty should assess the patients. Help should be sought from all staff involved in the patients care as it is not always easy to to tell whether someone is very close to death. They also added people should be involved in decisions about their care and families and carers should be included in the decision making.

Sedative Addiction

More than a million patients are taking potentially harmful tranquillisers.
Some patients have been taking them for more than 20 years. Psychiatrists say that some patients are often begging for repeat prescriptions or buying them from illegal websites.

Benzodiazepines, which include temazepam and diazepam have also been found to increase the risk of dementia by 50 per cent even when taken for short periods.

Guidlines say that benzodiazepines should only be used for the maxium of one month many users are becoming dependent.

Failing Hip Implants for Women

Surgeons have warned that women should no longer be offered hip resurfacing because failure rates are unacceptably high.

Women who have had hip resurfacing are up to five times more likely to need a second operation and one in ten suffer further problems including pain and infection.

Resurfacing is offered as an alternative to hip replacement for younger people and involves placing metal caps into the hip socket whereas hip replacement involves fitting a new joint made from either ceramic, metal, or plastic.

Research published in the Lancet medical journal found that the smaller head sizes used for women were linked to higher failure rates.

Congratulations

Congratulations to Bethan Parry who has recently qualified as a solicitor, having completed her training contract with Graystons Solicitors.http://www.graystons.co.uk/index.php/bethan-parry-legal-assistant.html

Removal of Legal Aid from Clinical Negligence Cases

Legal Aid was introduced to help people on a limited budget who meet the eligibility requirements to gain access to the courts. It was set up in 1949 to help people who would otherwise not be able to afford it to get a fair hearing and resolve problems.

In June 2011 the Ministry of Justice announced cutbacks in Legal Aid. These included removeing Legal Aid from Clinical Negligence cases, effectively preventing some of the most needy and deserving victims from getting the justice and financial help that they deserve.

Despite attempts from Sound of for Justice and other similar groups to stop cutback the act will come into forse in April 2013. Legal Aid will continue for anyone who has already been granted a certificate but no further new applications will be accepted after this date.

Julie Grayston says " if you think you have a claim contact us as soon as possible. We will help you to find out if you have a valid claim and whether you qualify for Legal Aid before time runs out".

Cervical cancer vaccine

The government has changed its mind over which vaccine to supply to teenage girls since the introduction in 2008.

The UK government may have chosen the least cost-effective vaccine to immunise teenage girls against viruses that cause cervical cancer, a data study suggests.

In 2008, the Department of Health picked the cheaper of two options - a vaccine called Cervarix.

But the Health Protection Agency (HPA) concludes that a different vaccine, Gardasil, could provide better value.

Cervarix would need to be £19 to £35 cheaper to match Gardasil's payback.

Although it is not known what deal the government was able to strike with GSK, the pharmaceutical company that manufactures Cervarix, the NHS list price for the drug is £80.50 per dose.

Graystons Solicitors is concerned that the wrong decision was made initially and is pleased that the government has now decided to vaccinate young girls with Gardasil. We hope that the girls vaccinated in the mean time do not suffer any ill effects by not being protected against genital warts.

Compensation for Brain damage

The parents of Amy Smith, now 8 years old have secured a settlement of £9 million pounds in compensation for her injuries.
Amy suffered severe brain damage as a result of a lack of oxygen during her birth at Northwick Park hospital in North London..
Amy will require constant care for the rest of her life and suffers from Cerabal palsey.
The hospital accepted that it had been negligent in it's treatment of Amy. Her parents brought a personal injury claim on her behalf and the money will enable her parents to make alterations to the family home and pay for the around the clock care she requires.

Graystons Solicitors is a member of the Brain Injury Group and are able to represents claiments in this area.

Graystons holds a legal Aid certificate for clinical and medical negligence.

AVMA legal aid concerns

Graystons Solicitors as a member of AVMA and a holder of a legal aid franchise was interested to read the press release from AVMA about plans to cut legal aid for clinical negligence.

PRESS RELEASE: 09 January 2012 -

PLAN TO CUT LEGAL AID FOR CLINICAL NEGLIGENCE WOULD COST THE TAXPAYER MILLIONS, INDEPENDENT RESEARCH FINDS

Knock on costs estimated at THREE times predicted government saving

Cutting legal aid for those who have suffered clinical negligence would cost the Government (i.e. the taxpayer), millions of pounds more that it would save Ken Clarke’s Ministry of Justice (MoJ), confirms independent research by Kings College published today by the Law Society.

Unintended Consequences: the cost of the Government’s Legal Aid Reforms

("the Report") vindicates what campaigners Action against Medical Accidents (AvMA – the charity for patient safety and justice) have been saying since the proposal, one of a host of controversial cuts contained in the Legal Aid Sentencing and Punishment of Offenders Bill, was announced.

The MoJ claims it would save £10.5 million pounds by taking clinical negligence out of scope for legal aid, but the Report states that in fact a net loss of around £18m will be a startling consequence. This, will, in most part, be shouldered by the NHS because it would have to pay for expensive after the event insurance under the proposed new system whereas under legal aid this is not necessary.

The NHS Litigation Authority itself has already registered opposition to these cuts stating that legal aid is by far the fairest and most economical way to fund these claims; and that Lord Justice Jackson, architect of the Government’s controversial reforms to Conditional Fee Agreements (CFAs or "no win, no fee" agreements), predicated his proposals on there being a system of legal aid still in place. He has said that clinical negligence in particular should remain in scope for legal aid.

Now, the Government faces a rebellion and possible defeat in the Lords unless it drops its plan. Influential Liberal Democrat peers Lord Carlile and Lord Thomas are championing an amendment to keep clinical negligence in scope for legal aid. The Bill is due to be debated on January 10^th.

Peter Walsh, Chief Executive of AvMA said:

"Cutting legal aid for clinical negligence is just bonkers whichever way you look at it. Either the Government is being deeply cynical and people injured by clinical negligence simply won’t be able to access justice, or the taxpayer and the NHS will be hit hard at a time it can least afford it. As the Report states, ‘there is certainly no economic justification for these changes’ (para 9.4.5)".

Walsh continues, "The Report’s findings also validate our decision to launch Judicial Review proceedings in which we contend that the MOJs consultation, culminating in the Response of 21 June 2011, was manifestly flawed."

One of the Report’s key conclusions highlights ‘the lack of robust data on numerous elements of the Civil justice system’(9.4.5), echoing AvMA’s grave concerns about the evidence the government used or had access to when supplying reasons for its Response. As a result of its findings, the Report importantly insists that ‘the government addresses the Justice Select Committee’s request for a full and proper appraisal of the knock-on costs before these changes are enacted’. (9.4.7)

Walsh concludes, "It is evident and shown in this Report, that the government has failed to prove two of its key assumptions supporting its proposals, these being, that the new regime will result in significant savings or that the potential savings alone justify the proposed changes."

AvMA point out that there are even further unintended consequences and costs of cutting legal aid for clinical negligence. The patient safety experts are concerned that if people are unable to pursue claims then errors will not come to light and opportunities for improving patient safety missed. This would result in immeasurable human cost as well as huge costs for the NHS. Further, the clinical negligence legal market would be thrown open to non specialist solicitors and claims farmers, with none of the quality control afforded by publicly funded legal aid.

ENDS

PIP Breast Implants

There has been concern raised over the safety of PIP breast impants, as sub-standard silicon has been used and the implants are more prone to rupture. The French government has advised the removal of the implants as they believe there is some evidence to link the breast implants to rare cancers. So far the British government are saying there is no need for removal. If you have concerns about your implants and are worried, contact Graystons Solicitors. We specialise in medical negligence and you will be able to discuss your concerns in confidence with female solicitors.