Injury Archives - Benest & Syvret

Revamping Rheumatology: Addressing Concerns and Improving Patient Care

Benest Syvret — Thu, 06 Feb 2025 13:35:10 +0000

DARRY ROBINSON

Important update: Deputy Tom Binet has agreed a “prescription amnesty” with Government of Jersey insurers until 2027. Prescription is a substantive rule of law which extinguishes certain rights and obligations after the applicable time period. This means that after that period, the right or obligation ceases to exist, and is not simply unenforceable.

The applicable time period for clinical negligence claims in Jersey is 3 years and it is important that your claim is issued before prescription passes.

Benest & Syvret has “no win no fee” arrangements with its clients and is seeing more clients moving to us to join our group action against the Government of Jersey.

We do not seek any upfront payments from our clients who are eligible to join the group action.

Please call 875875 to speak with our team.

The Health and Community Services, Government of Jersey issued a report prepared by the Royal College of Physicians (RCP) on 22nd January, 2024 including findings relating to the review of patients who received rheumatology care between January 2019 and December 2021.

The RCP found the standard of care to be well below what the review team considers acceptable for a contemporary rheumatological service. Several areas of concern and potential areas for improvement were identified by the RCP review including:

Little evidence to support a relevant history having been taken, and in particular a lack of reference to disease activity scoring. Without documentation of disease activity, it was difficult to understand the extent of patient’s disease and therefore justifications for treatment.
No evidence of clinical examination and little evidence of standard immunological investigations giving rise to the potential for inconclusive diagnosis having been given to patients.
A lack of relevant imaging to support diagnoses. For example, the review team found in several cases patients were diagnosed and started on medications without a magnetic resonance imaging (MRI) scan having been conducted to confirm the diagnosis.
Limited, and often absent, handwritten evidence of the clinical interaction with the patients. The professional opinion for each case was documented in a typed letter. These letters were brief and generally uninformative. They often failed to mention the diagnosis, rarely mentioned any relevant clinical findings and lacked therapeutic information, past or current. Due to this, the review team found it difficult to understand the clinical decision making.
Despite a lack of clear diagnosis, biologic agents were prescribed, with frequent and multiple changes. For example, a case was reviewed where a patient had been diagnosed with Inflammatory arthritis (IA) although an ultrasound scan had shown no evidence of active synovitis. Despite this, the patient was started on treatment with biologics.
In the majority of cases reviewed, patients were often initiated on biologics and switched therapies frequently without having an adequate time to determine efficacy. In some of the cases patients were treated with five or more biologics within a short period of time and in many cases prescribing was outside both UK and European guidance.

The RCP felt obliged to write an interim letter to Dr Patrick Armstrong, medical director (dated 24 March 2023) expressing a view that the two consultants should not work independently in providing rheumatology care until such time that the review and other local processes were complete. In addition, a recommendation was made for an audit to be commenced of those patients currently on biologics to assure that their diagnoses were secure.

The RCP review will no doubt result in consideration of legal proceedings by persons who received rheumatology care during the relevant period.

Benest & Syvret are committed to assisting any person injured as a result of medical negligence. If you have been effected by any of these matters, contact Darry Robinson on 875875 or via email info@benestsyvret.com to discuss a potential compensation claim.

Read more about the rheumatology scandal.

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Can road users in Jersey face penalties for contact with cyclists even if it wasn’t their fault?

Benest Syvret — Fri, 02 Feb 2024 15:46:06 +0000

A hierarchy of road users was introduced in Jersey on 29 January 2022 to make sure those who can do the greatest harm, have the greatest responsibility to reduce the danger or threat they may pose to others. Jersey follows the UK official Highway Code, with some modifications to achieve that aim.

The Department for Transport (DfT) has just concluded a consultation on the proposed new Highway Code changes which will see more freedoms offered to cyclists.

The new rules will clarify rules on pedestrian priorities on pavements and advise that drivers should give way at all times.

Cyclist priority at junctions will also be changed which will give riders priority when travelling straight ahead.

However, listening to music could be a major risk for cyclists who will be unable to hear road hazards such as cars or Heavy Goods Vehicles.

This could see many unsuspecting cyclists pulling in front of cars leading to crashes and possibly serious injuries.

With the growth in population, heavy traffic, global warming and climate change, a lot of people are using bicycles as a primary mode of transport. Others argue this is the only way to reduce traffic and air pollution while others argue this is the only way to curb air pollution.

But, this thought-provoking subject is for another day. Today l would like to turn to the impact careless driving has on cyclists, the changes in the Highway Code and the severity of penalties imposed for such offences.

Accidents involving bicycles can be devastating because cyclists are more exposed to harm than a car driver. In the past few years there has been a surge in the number of accidents which occur between motorists and cyclists, unfortunately some of those result in serious injuries.

In a bid to try and reduce such occurrences, on 29 January 2022, Jersey introduced changes to the Highway Code to improve safety for pedestrians and cyclists. This has been termed as the new “hierarchy of road users” and places more responsibility on drivers. The impact of the new changes to the Highway Code has seen the court taking very firm steps for offences of careless driving. Not so long ago, a young boy was knocked off his bike sustaining serious injuries and the driver escaped prosecution because the police believed there was insufficient evidence to prosecute. It was at this point that his family called for a law change. Recently a teacher was fined £5,000 for knocking a cyclist off her bike, leaving her with a broken back, collapsed lung and a fractured rib. In another case, a motorist was disqualified from driving for six months for a similar offence.

As a general rule, every road ought to take reasonable care to avoid doing or omitting to do anything that they can reasonably foresee would cause injury to others. It is not relevant that the road user might not be able to foresee that his act or omission might cause injury to another. Motorists have the highest risk of causing harm to other road users, consequently the changes to the Highway Code places the greatest responsibility on them to reduce the dangers they pose to other road users. This move is to make everybody more responsible and aware of what is expected of them on the roads. The new road laws introduced three main significant changes, namely giving way to pedestrians at junctions, leaving a distance of at least 1.5 meters when overtaking cyclists and for cyclists to cycle in the middle of their lane to make themselves more visible.

It would be interesting to see whether the changes to the Highway Code would result in a decrease in the number of accidents on the roads. The penalties for careless driving in Jersey are severe and these can range from a fine, disqualification or imprisonment in worst case scenarios. Article 25 of the Road Traffic (Jersey) Law 1956 (The Law) states that if any person driving a vehicle, or rides, leads or drives an animal on a road or other public place without due care and attention and without reasonable consideration for other persons using the road or other public space, he or she shall be guilty of an offence under this article. Furthermore, Article 26A of The Law provides that a person who causes serious injury to another by driving without due care and attention or without reasonable consideration for other persons using the roads is guilty of an offence. The Magistrate Courts have Sentencing Guidelines which provides a starting point for serious injuries by careless driving the aggravating and mitigating factors which the court considers before deciding on the appropriate sentencing.

For both careless driving and careless driving causing serious injuries, there are three bands with examples of the nature of the activity. These are momentary lapse of concentration or misjudgement at low speed, loss of control due to speed, mishandling or insufficient attention to road conditions or carelessly turning right across on-coming traffic. Lastly overtaking, manoeuvre at speed resulting in collision of vehicles or driving bordering on dangerous. Depending on the nature of the activity the court may impose fines ranging from £700-£3000, up to 12 months imprisonment or 24 months disqualification.

Cyclist still need to follow the rules of the road and take reasonable precautions for their safety and the safety of others. The severity of the penalties imposed by the Magistrate Court concerning accidents involving cyclists and pedestrians clearly reflect Jerseys commitments to protecting the less powerful members of the new hierarchy of road users. But, only time will tell if this approach will be effective in achieving the desired result. In the event that this process ineffective, at least it might just encourage people to walk or cycle more resulting in reduced omissions and slowed effects of climate change.

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How to make a personal injury claim in Jersey

Benest Syvret — Fri, 02 Feb 2024 12:13:00 +0000

CLARE WOODHOUSE

Personal injury in the context of any legal claims, refers to any harm (physical, psychological, emotional or financial) suffered by an individual due to the negligence or wrongful actions of another party.

If you have suffered a personal injury in Jersey and it was the fault of another party, you may be entitled to claim compensation in order to help you recover or to live the life you were leading before your injury.

Here is a step-by-step guide to the claims process.

How do I start a personal injury claim?

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How to make a personal injury claim in Jersey.

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Seek medical attention

First, seek immediate medical attention for your injuries. This not only ensures you receive appropriate treatment, but it also creates a medical record that can be crucial evidence in your case. Make sure to keep copies of all medical documents and bills related to your injury, as they may demonstrate the pain and potential suffering caused as a result of the other party, but also because you may be entitled to a refund for the medical expenses you have incurred.

Assessing the validity of your claim

Before proceeding with a claim, it is important to assess if you have a valid case. In Jersey, personal injury claims are subject to a three-year time limit from the date of the accident or when you became aware of your injury. It is also important to establish that the injury was a direct result of someone else's negligence and that they owed you a duty of care. Consulting with a personal injury lawyer can help you determine the validity of your claim.

Gathering evidence

In order to strengthen your case, gather as much evidence as possible. As well as medical records, this may include police records, witness statements, photographic evidence and any other relevant documents that support your claim.

Negotiating with the responsible party

In Jersey, personal injury claims are usually settled outside of court through negotiations. Your lawyer can help you negotiate with the responsible party (usually their insurance company) to reach a fair settlement for your injuries and related expenses.

Filing a claim in court

This process can be time consuming as it usually involves both parties. Setting our their respective cases and the evidence they have to support their positions. Ultimately if matters cannot be agreed, the case will go to trial and a judge will decide whether you are due any compensation and how much. If an agreement cannot be reached through negotiation, your lawyer may advise you to file a claim in court by issuing proceedings.

Understanding compensation

Compensation in personal injury claims is divided into two categories - general damages and special damages.

General damages refer to the physical, emotional or psychological harm suffered as a result of the injury, while special damages cover any financial losses incurred such as medical expenses, loss of income and other related costs.

Seeking legal advice

Navigating the personal injury claims process can be complex, so it is recommended to seek legal advice from a trusted personal injury lawyer. They can guide you through the process and ensure that you receive fair compensation for your injuries.

Additional Information

It is important to note that while most personal injury claims in Jersey are settled outside of court, it's always best to be prepared for the possibility of going to trial.
It is also important to keep track of any expenses related to your injury and keep receipts as evidence for potential compensation.
If you're unsure about the validity or strength of your case, seeking legal advice can help clarify any doubts and provide guidance on the best course of action.
It is also recommended to seek legal advice as soon as possible after the accident or injury, in order to ensure that all necessary documents and evidence are gathered and proceedings are issued (if required) within the time limit.

Types of Personal Injury Damages

Medical negligence claims

Clinical negligence claims are legal actions taken when a medical professional or healthcare provider fails to abide by their professional obligations, causing harm to a patient.

These claims are often complex cases where the injured party seeks to recover damages from the liable person due to substandard treatment or care that falls short of reasonable accepted medical standards.

Road traffic accident claims

If you have been involved in a car accident and sustained injuries due to another party's fault, you may also have grounds for a claim. These incidents often involve consultation with medical experts who assess the extent of your injuries.Liability then needs to be determined and how much compensation you might be entitled to.

In terms of cost, some law firms in Jersey offer a " no win no fee" service.

This means that you only pay legal fees if your claim is successful. It's crucial, though, to understand that this does not cover all costs. For example, you might still be liable for the other party's legal expenses if a costs order is made against you.

In some cases, your legal expenses insurance might cover these costs. If you are unsure, it is recommended to seek advice from your insurer or a lawyer. In certain situations, the Criminal Injuries Compensation Board may provide a damages payment.

Workplace accidents

If an incident happens at work and you sustain injuries, you could potentially file a claim against your employer.

Can you claim personal injury without going to a doctor?

Medical records are usually critical evidence in personal injury cases. Without them, it can be very difficult to prove the extent of your injuries and the impact they have had on your life.

What do you have to prove in a personal injury claim?

In a personal injury claim, you must prove three key elements: duty of care, breach of duty, and causation.

The defendant must have had a duty of care towards you, they must have breached that duty, and that breach must have directly caused your injuries. Proving these elements requires extensive evidence, which is why it is vital to work with a skilled personal injury solicitor.

How much do you get for a personal injury claim?

The amount of compensation you can receive from a personal injury claim varies greatly depending on the specifics of your case. Factors that can influence your settlement include the severity of your injuries, the impact on your ability to work, and any emotional distress you've experienced. Your lawyer can help you calculate an appropriate amount for your claim.

If you've been affected by a personal injury in Jersey, don't hesitate to reach out for legal assistance.

Contact our personal injury specialists on 875875 or via email at info@benestsyvret.com to discuss your potential compensation claim.

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