Firms dealing with allegations of sexual misconduct should expect close scrutiny
Fieldfisher Blog
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4y ago
The spotlight might currently be on Baker McKenzie, but alarm bells are ringing all around the city as to who might be next. It’s extremely difficult for someone, usually a woman, to stand up to their abuser and report sexual assault – many are frightened about reprisals but also feel shame at allowing themselves to have become a victim. But post MeToo and Times Up, women are increasingly emboldened to report inappropriate behaviour and more firms will likely find themselves dealing with a serious complaint that could have happened years ago, not least since to ensure a defendant doesn’t benef ..read more
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Keith Barrett represents family of Dev Naran, killed on M6 when hard shoulder was 'active'
Fieldfisher Blog
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4y ago
In May 2018, eight-year-old Dev Naran was killed instantly on the M6 motorway near Birmingham after a lorry driver collided with the car driven by Dev's grandfather. At the time, the family's car was stopped on the hard shoulder of the motorway, which had been turned into an active lane by the Highway's Agency earlier in the day. Keith supported Dev's family at the recent inquest into the young boy's death at Birmingham Coroner's Court on October 12th.  After hearing evidence, Emma Brown, the West Midlands area coroner, issued a Section 28 Preventing Future Deaths report – the most serious rul ..read more
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Failure to react to fetal heart monitoring biggest contributor to brain damage in babies
Fieldfisher Blog
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4y ago
A very concerning report published by NHS Resolution this month highlights that the inability of staff to respond to CTG monitoring during a mother's labour is the most common reason behind cases where babies are born brain damaged. The report also identified ongoing failures by hospital trusts to follow statutory duty of candour when dealing with the families of injured babies and to apologise for mistakes. The report follows analysis of the early notification scheme, introduced by NHS Resolution a year ago, aimed at speeding up the time in which families receive an admission of liability whe ..read more
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Jane Weakley welcomes CYRIL technology to test new-borns at risk of cerebral palsy
Fieldfisher Blog
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5y ago
Researchers at University College London (UCL) have developed a non-invasive monitoring system, small enough to take into neonatal intensive care units, which shines infrared light into new-born babies' brains to detect possible brain damage within a few hours of birth. The device, known as CYRIL (CYtochrome-c-oxidase Research Instrument and appLication), sends hundreds of wavelengths into brain tissue which feedback detailed information to a digital camera about oxygen and metabolism levels. This information can then be used to identify brain injury severity in babies who may have been depriv ..read more
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Simple scan to identify breech babies supported by partner Jane Weakley and senior midwife Charlene Francois
Fieldfisher Blog
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5y ago
Partner Jane Weakley is regularly instructed to investigate cases where failed breech delivery has resulted in cerebral palsy A recent paper by a Cambridge University research team highlights a simple solution to an aspect of childbirth that, if undiagnosed, can end in tragedy. Breech births, whereby a baby's bottom or feet emerge first during labour, currently only tend to be identified by midwives and doctors feeling the shape of a mother's pregnancy bump. Three or four of every 100 babies sit in a breech position towards the end of a pregnancy and most turn to the 'head-first' position by a ..read more
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'No excuses': 20 years after UK asbestos ban, employees still at risk
Fieldfisher Blog
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5y ago
In a speech to an asbestos awareness conference in Washington in April, the chief executive of the Institution of Occupational Safety and Health (IOSH) said that it was unacceptable that companies were still putting employees, their families and the public at risk of exposure to asbestos, 20 years after it was banned in the UK. According to Mesothelioma UK, IOSH's Bev Messinger said that, despite the ban, asbestos still exists in at least half a million buildings built before 1999, potentially exposing people to the lethal dust linked to 5,000 deaths every year from cancer. A recent IOSH repor ..read more
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Positive move towards mandatory direct vision lorries in London by 2020
Fieldfisher Blog
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5y ago
Following initial EU approval this April of safety regulations requiring all lorries to implement improved direct vision, Transport for London is expected to issue a traffic regulation order making it mandatory for lorries driven in London to have a one star direct vision grading from October 2020. This will rise to three stars in October 2024. TfL announced this latest stage of its plans, which includes a final statutory consultation, following wide-spread public support for the proposals and campaigns from the London Cycling Campaign and the Action on Lorry Danger group. Along with better di ..read more
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Study highlights ineffective hospital hip tests for newborns
Fieldfisher Blog
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5y ago
In a recent study published in The Bone and Joint Journal, orthopaedic surgeons at Southampton Children's Hospital say that current hip checks on newborn babies are failing to identify problems. The study, reported by the BBC, says that the tests conducted routinely in hospitals on all babies have had little impact on cases of late diagnosis of hip dysplasia. The rate of late diagnosis has actually increased in the 30 years since the test was introduced. While this is a very worrying statistic, sadly it is not surprising. I represent many children in medical negligence claims for late diagnosi ..read more
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Proposals for coroners to investigate late-term stillbirths would provide relief to grieving families
Fieldfisher Blog
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5y ago
Last year, I settled a negligence case involving a stillbirth that could easily have been avoided. As for many other parents I have acted for, the financial settlement achieved on behalf of the family was less vital than the need to understand what happened and to highlight mistakes to avoid similar tragedies in the future. I am sure the parents of baby Alexander, delivered stillborn in March 2017, will welcome the proposals this week to put out to public consultation the recommendation that Coroners should be able to hold an inquest into a stillbirth that occurs later than 37 weeks of pregnan ..read more
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Full investigation into death of disabled woman who had all her teeth removed by doctors
Fieldfisher Blog
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5y ago
Following submissions from the family, the coroner has agreed to fully investigate the death of a disabled woman who died last November after all her teeth were removed at Kidderminster hospital, Worcestershire under a general anaesthetic. 49-year-old Rachel Johnston died after developing aspiration pneumonia following surgery. The inquest into her death is scheduled for three days in August at Worcester Coroner's Court. The hospital trusts involved in the case will now also run serious incident investigations. The family of Rachel Johnstone, who was left severely disabled after contracting me ..read more
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