Author: Mark Reynolds

Thousands of people every year have accidents which result in being taken to Accident and Emergency. These accidents can range from a simple trip in the street to a major road traffic accident. And when the patient attends the Accident and Emergency, they would expect a correct diagnosis of the injury or injuries that they have suffered will be made by the treating clinician, however on many occasions the diagnosis will be wrong. And as a result, every year many thousands of claims are made as a consequence of the wrong diagnosis being made in A&E last year over 1300 such claims were settled and over 1100 new claims were brought.

Typically, many of these claims will be in relation to a misdiagnosis such as there has been a failure to diagnose a fracture initially and then sometimes many months later the fracture is then diagnosed and by which time it is often too late.

How Fracture Misdiagnosis Can Occur

One such example of a typical case involving a missed fracture is this, a patient trips over in the street and in an attempt to break their fall they put the hand out to break their fall and as a result of which they fall onto their hand causing there wrist to go backwards. Following the fall, and more than likely the following day, the patient then starts to experience pain, swelling, and a limited range of movement in the wrist and as a result they attend the A&E.

The patient will then be treated by a nurse or a doctor who will examine the patient and ask the patient as to how the accident occurred and may then arrange for an Xray to take place or may simply discharge the patient with advice. After the patient is discharged the patient continues to suffer with pain in the wrist but carries until such point that they cannot stand the pain anymore and attends their GP a couple of months later who refers them for an Xray.

The patient then attends the hospital for the Xray to be performed whereupon the patient is advised that they have a scaphoid fracture which occurred three months earlier and was missed when the patient attended A&E.  And because of the delay in the fracture being diagnosed the patient is now going to suffer long term health consequence which could have been avoided had the fracture been diagnosed when they first A&E.

However in the example provided if the treating clinician examines the patient and the patient is found to have pain, swelling and loss of mobility and the patient tells the treating clinician that they have fallen onto their outstretched hand and if the treating clinician doesn’t Xray the patients wrist, put the patients wrist in a temporary cast and arrange and appointment at the fracture clinic and simply discharges the patient with advice then the treating clinician on that occasion will have provided substandard or negligent treatment.

How Mark Reynolds Can Help

The above is just one example of a fracture misdiagnosis and they can also be found in relation to other parts of the body, such as the arm, leg, arm etc.

At Mark Reynolds solicitors we have a number of clients whom we are acting on behalf of in relation to situations were there has been a failure to diagnose a fracture and the client has suffered long term health consequences as a result of the failure to diagnose a fracture.

So, if you have suffered a fracture which was not initially diagnosed and you have then go onto suffer long term consequences not diagnosing the fracture in time then you may have a medical negligence claim. Contact us today for a no obligation chat with one of our team to found out if you do have a claim.

The death of a loved one is a distressing and emotional time, and this can be worsened if they have not made a will detailing their wishes.

If the deceased has not made a will, their estate must be administered in compliance with the Laws of Intestacy. Instead of a Grant of Probate, those entitled to administer the estate may require Letters of Administration. Below, we delve further into what happens is there is no will.

Who is entitled to inherit the estate?

If the deceased is survived by only a spouse or civil partner, the entire estate passes to them.

Where they are survived by both spouse or civil partner and issue*, the estate is distributed as follows: –

1. The spouse or civil partner receives the personal belongings
2. The spouse or civil partner receives a statutory legacy of £270,000 free of tax and costs plus interest from the date of death until payment
3. The rest of the estate is divided in half One half passes to the spouse or civil partner whilst the other half passes to the issue

Where there is no surviving spouse or civil partner, the estate is divided between the relatives in the highest category in the list below:

1. The deceased’s issue
2. The deceased’s parents
3. Brothers and sisters of whole blood or their issue if they have died before the deceased
4. Brothers and sisters of half-blood and their issue if they died before the deceased
5. The grandparents of the deceased
6. Aunts and uncles of whole blood and their issue if they died before the deceased
7. Aunts and uncles of half-blood and their issue if they died before the deceased
8. The Crown, Duchy of Lancaster, or Duke of Cornwall

Who is entitled to administer the estate?

The order for person or persons entitled to administer the estate is similar to the above and is as follows: –

1. Surviving spouse or civil partner
2. Children of the deceased and their issue if they have died before the deceased 
3. The parents of the deceased
4. Brothers and sisters of whole blood and their issue if they died before the deceased
5. Brothers and sisters of half-blood and their issue if they died before the deceased
6. The grandparents of the deceased
7. Aunts and uncles of whole blood and their issue if they died before the deceased
8. Aunts and uncles of half-blood and their issue if they died before the deceased
9. Any person who has a beneficial interest in the estate
10.  Treasury solicitor or a creditor of the deceased

If you are responsible for administering an estate, require information on estate administration, please read our quick guide on estate administration.

How we can help

We now hope you further understand what happens if there is no will however, at Mark Reynolds Solicitors, we provide a comprehensive range of probate services including estate administration for our clients. We understand that dealing with an estate can seem like a daunting process, and our experienced and professional team can guide you through it. We can administer the estate in full on your behalf and we also offer a fixed fee grant of representation only service.

Call 01925 418 004 or contact us online to find out more.

*The term issue includes all direct descendants of a deceased individual: ie, children, grandchildren, great grandchildren etc. adopted children and their descendants, as are those whose parents were not married at the time of their birth. Descendants of the deceased’s spouse or civil partner are not classed as issue of the deceased unless adopted.

What is a grant of representation?

A Grant of Representation is a legal document that provides individuals with the legal authority to administer a deceased person’s estate. There are different types of Grant of Representation, with the most common being:

1. A Grant of Probate, obtained when the deceased left a valid will appointing executors
2. A Grant of Letters of Administration, obtained when the deceased did not leave a valid will (we recommend that you read our article covering this area)
3. A Grant of Letters of Administration with a will annexed, obtained when there is a will but no available executor

A Grant of Representation is not required every time a person dies.

Do I need to apply for a Grant of Representation?

You usually need a Grant of Probate or Letters of Administration if the estate consists of: –

• Property owned by the deceased in their sole name or jointly as tenants in common
• Had large amounts of funds in bank accounts
• Owned shares
• Had pension or life insurance policies that do not nominate beneficiaries

Joint property and bank accounts can typically be dealt with by simply providing the relevant organization with the death certificate.

Sole bank accounts can be dealt with using just the death certificate, however, this is at each banks discretion as they all have their own limit that they are prepared to release up to without being provided with a Grant of Probate or Letters of Administration.

The starting point is to contact the financial organisations the deceased used to find out their requirements.

If you require information on estate administration, please read our quick guide.

How long does it take to get a grant of representation?

The Probate Registry is the part of court that deals with applications for grants of representation. Tt can take anywhere from 6-18 weeks, depending on how busy they are at any given time. It also depends on the size of the estate and how smoothly the handover of paperwork goes.

Smaller estates are likely to be processed more quickly than larger ones, due to there usually being less factors to consider. Larger estates, especially when inheritance tax is involved are likely to take the longest amount of time.

How Mark Reynolds Solicitors can help

At Mark Reynolds Solicitors, we provide a comprehensive range of probate services for our clients. We understand that dealing with an estate can seem like a daunting process, and our experienced and professional team can guide you through it. We can administer the estate in full on your behalf and we also offer a fixed fee Grant of Representation only service. Call 01925 418 004 or contact us online to find out more.

The death of a loved one is a distressing time, however, estate administration must always be carried out regardless of the size of the estate. It is important that beneficiaries of an estate understand that estate administration is not a quick process, and in many instances can take over 12 months to complete.

This guide provides a general outline of what estate administration is and what administering an estate involves. As the circumstances of an estate differ in each case, it is not a comprehensive guide and if you have any questions, you should call us on 01925 418 004.

Immediate priorities

If you are responsible for administering an estate, your immediate priorities are to secure the deceased’s home and personal belongings and to collect important documents.

You may also be required to register the death at the local registry office and arrange the funeral.

Is there a will?

Sometimes the deceased will have the original or a copy of the will in their home, or you may find paperwork from a professional will writer such as a firm of solicitors referring to a will.

If there is a will, it will confirm who is appointed to act as executor and administer the estate. If it is held by a solicitor, they will only release it to the appointed executors upon receipt of the death certificate and identification.

If you cannot find a will, you should carry out a will search with a search agency such as The National Will Register.

If there is no will, the deceased’s estate must be administered in accordance with the laws of intestacy, and we recommend that you read our article on what happens if there is no will.

Estate administration

When administering an estate, you must collect assets, pay off debts and taxes and distribute the estate in accordance with the will or the laws of intestacy. Some of the steps involved in the process are: –

1. Obtain full and up to date details of the deceased’s assets.
2. Obtain details of the deceased’s liabilities.
3. Determine whether a Grant of Representation is required estate (we recommend that you read our article on when a Grant of Probate or Letters of Administration might be required).
4. If a Grant of Representation is required, you will need to apply to the Probate Registry. Depending on the size and nature of the estate, you may need to submit an inheritance tax account to HMRC before a Grant of Representation will be issued to you.
5. On receipt of the Grant of Representation, collect in the deceased’s assets and discharge any liabilities from those assets.
6. Place statutory advertisements in the London Gazette and a local newspaper.
7. Finalise the deceased’s income tax affairs.
8. Prepare final estate accounts.
9. Make distributions to all beneficiaries.

At Mark Reynolds Solicitors, we provide a comprehensive range of probate services for our clients. We understand that dealing with an estate can seem like a daunting process, and our experienced and professional team in Warrington can guide you through it. We can administer the estate in full on your behalf and we also offer a fixed fee grant of representation only service. Call 01925 418 004 or contact us online to find out more.

Many patients and particularly women, suffer from recurrent urinary tract infection and cystitis and one of the ways in which these conditions are treated is with the prescription of an antibiotic called Nitrofurantoin and it is common practice for Nitrofurantoin to be prescribed for uncomplicated cystitis and for recurrent urinary tract infections by GP’s.

In many situations urinary tract infections can continue for many years and as a consequence of which a patient may be prescribed for many years without the prescription itself or indeed the dosage being prescribed being reviewed.

However, it has now been found that prolonged prescription of Nitrofurantoin over a number of years can result in the patient developing a condition called Nitrofurantoin Pulmonary Toxicity.

What is Nitrofurantoin Pulmonary Toxicity?

Nitrofurantoin Pulmonary Toxicity can cause patients to suffer with symptoms such fever, cough, intense chest pain, breathlessness, and more seriously permanent lung damage. And once patients are diagnosed with Nitrofurantoin Pulmonary Toxicity the prescription of the medication is stopped immediately.

And it is crucial that the GP identifies these symptoms early to stop the Nitrofurantoin and avoid long term lung damage.

However, this does not mean that just because a patient has been prescribed Nitrofurantoin that they will inevitably end up with Nitrofurantoin Pulmonary Toxicity, steps can and should be taken to minimise the chances of a patient developing Nitrofurantoin Pulmonary Toxicity and long-term lung damage. The GP prescribing the Nitrofurantoin is under a duty to mitigate and reduce the chances of Nitrofurantoin Pulmonary Toxicity happening.

Preventing Nitrofurantoin Pulmonary Toxicity

A GP who is prescribing a patient with Nitrofurantoin should do the following in order to reduce the chances of a patient developing Nitrofurantoin Pulmonary Toxicity, they should:

• Regularly review and monitor patients on Nitrofurantoin, patients should not just be prescribed Nitrofurantoin and then left to just pick up their repeat prescription.

• Arrange for patients on long term Nitrofurantoin to have 6 monthly chest x-rays and monitoring of liver function to allow for early detection of any development of Nitrofurantoin Pulmonary Toxicity.

• Advise the patient of the risks of Nitrofurantoin Pulmonary Toxicity developing and the symptoms that will present to allow for early treatment.

And if the GP doesn’t follow these simple steps, then the GP may be found to have provided substandard treatment if the patient then goes onto develop Nitrofurantoin Pulmonary Toxicity and long-term lung damage.

So, if you have suffered with recurrent urinary tract infections or cystitis and have been prescribed Nitrofurantoin and the prescription of Nitrofurantoin has not been reviewed and monitored and you have simply been given a repeat prescription and have now been advised that you have lung damage as a result of being prescribed Nitrofurantoin then you may be able to make a claim.

Contact us today to speak to one of our team for a no obligation chat regarding the events of your care and our no win no fee agreement.

Probate is the complete process of administering the estate of a deceased person. It will differ from estate to estate, but in general, it will include organising their money, possessions and assets and distributing them as inheritance after any debts and taxes have been paid.

If a will is in place, the name of the person or people who will administer the estate will be named. This person is known as the executor of the will and it will be their responsibility to organise probate.

Gaining probate allows the executor to access funds and other assets to help them distribute them according to the wishes of the deceased as set out in their will. Different financial organisations have different thresholds for when probate will be required, ranging from £10,000 to £50,000.

There’s often some confusion about probate, what it involves and when it’s required. Here we’ll clarify some of the questions people have about probate, and how long it might take.

Do you need to go through probate if there is a will?

Probate will usually be required if the deceased person’s estate is worth more than £10,000, even if there is a will. If there is a will and the deceased person has assets of less than £10,000 then no probate will be required.

However, if most of the assets in the estate are jointly owned such as savings, property and bank accounts,, then probate may not be necessary. These will automatically pass to the surviving co-owner. The surviving co-owner, usually the spouse, will only need the death certificate in order to access these assets.

However, if the assets were owned as tenants in common or if there are other solely owned assets within the estates, such as ISAs and other investments, then you may still need to apply for probate.

What is the procedure of probate of a will?

Because every estate is different, the exact probate process for each individual can vary considerably, depending on the instructions left in the will. The assets, beneficiaries, and creditors of the estate will all be a factor in determining the length of the process.

However, there is a basic process that most executors will need to complete.

Firstly, the full details of the estate’s assets and debts will need to be gathered.  This should include details such as property, savings, any outstanding debts or other liabilities, business interests and investments.

You will then need to apply for the Grant of Probate. This is permission to administer the estate and distribute any assets according to the wishes of the deceased person as set out in their will. 

An inheritance tax return will need to be completed and any tax due as a result will then need to be paid.

You will then receive a Grant of Probate, allowing you to access accounts and other investments. You will then need to repay any of the deceased’s outstanding debts, prior to distributing what’s left according to the instructions that are set out in the will.

Extra complications can occur if there are any disputes between the executor, beneficiaries, creditors or HMRC.

The probate process takes about a year for most estates. The time it takes will depend on the size and the complexity of the estate. Probate for simpler estates can all be tied up in a much shorter period of time than complex, large value, estates.

International probate can be even more complicated and takes anywhere between six months and two years. It can take time to receive the necessary paperwork and permission in order to sell foreign assets, and businesses can take time to sell or divide.

Sometimes disputes can arise during the probate process between the executor, creditors, HMRC or beneficiaries. These disputes can all create delays when it comes to administering the estate.

Homemade and DIY wills are more likely to create problems than wills that have been drafted by a solicitor. This might be because the will has been poorly drawn up or might even be completely invalid, with the wishes expressed within unclear.

A potential lengthy delay is the process of selling the property. This can be unpredictable, although the fact there is no upward chain can help reduce the risk of the sale being held up. During this process, utility bills and maintenance costs will still need to be paid on the property.

Sometimes the beneficiaries might be missing or difficult to locate. If they can’t be easily identified or located the inquiries will need to be made and searches will need to be carried out.

If you encounter any problems during the probate process then our team of experienced probate specialists are on hand to provide expert advice. We can help resolve any disputes or even take over your executor duties to help free up your time and speed up the process.

The death of an executor isn’t unheard of and if the administrator dies during probate, someone else will need to be appointed in their place. The responsibility for this will fall to the person who is named as the executor of the recently deceased executor.

Why would a will go to probate?

Most estates will need to go through probate, regardless of whether or not there is a will. The determining factor in whether or not probate is required is the type and value of the assets in the will.

The Grant of Probate is the document that allows for the executor to take up ownership of the assets from the deceased, allowing them to then carry out the instructions outlined in the will. Estates of a very low value, or when all the assets are held in common, will not require a Grant of Probate.

If the deceased owned assets in their own right above £10,000, then it’s likely you will need a Grant of Probate. If, for instance, the deceased held £50,000 in a bank or building society account, then the financial institution in question will need to be provided with a Grant of Probate before it will release any capital to the executors.

If, however, the deceased only held a few thousand pounds in an account with the same institution, then they are unlikely to need to see a Grant of Probate.  Each bank and building society has its own limits of the amount that they are willing to give to executors before they see a Grant of Probate, but in most cases, it will be around £10,000-£15,000.

Other factors that might require a Grant of Probate, even when most of the assets are jointly held with a spouse, include stocks and shares held in a single name or property that is held in common. If the deceased was the sole owner of the property that they shared with their beneficiary, then a Grant of Probate will be required before it can be transferred to their ownership.

The rules regarding probate can be confusing, which is why many people will entrust the process to an experienced probate solicitor to carry out probate as efficiently and effectively as possible.

Is a will enough to avoid probate?

A will on its own is not enough to determine whether or not probate is required. What determines the need for probate is the assets that the deceased held, their value and whether or not they were held solely or in joint names.

For this reason, a good place to begin when determining whether or not you require a Grant of Probate is to make a detailed list of all the assets that the deceased owned. You’ll then need to find out whether those assets were held in the deceased’s sole name, in joint names or with someone else.

When assets are held as Joint Tenants with someone who is still alive, the asset will then automatically pass to the co-owner under the Right of Survivorship. If this is the case for all of the deceased’s assets, then a Grant of Probate will not be required.

If, however, assets are held as Tenants in Common, they are not passed to the surviving tenant by the Survivorship rules. Instead, these will pass on to whoever is entitled to inherit under the deceased’s will. Depending on their value and who is inheriting them probate may be required.

If the assets of the deceased all fall under the Probate threshold then it’s likely that probate won’t be needed. This is known as a ‘small estate’ and every bank and financial institution will have its own limit for what constitutes a small estate. Generally speaking, if the estate is less than £10,000 – £15,000 then a Grant of Probate will not usually be required.

Does a will speed up probate?

The probate process needs to follow a number of steps. This means that although when a will is in place the process can be speeded up to some degree, the differences are rarely that great. It takes between 9 to 12 months in England Wales to obtain the Grant of Probate and then complete the estate administration process regardless of whether or not there is a will.

Despite a will being unlikely to make the process significantly faster, the presence of a will can make things more clear-cut. There will be a range of information at hand that can speed up the process while reducing the potential for disputes. Loved ones and beneficiaries will know who the executor is and that the person was selected for this role by the deceased. The executor will also know the names of the beneficiaries and what the deceased wanted them to inherit.

However, that doesn’t mean that the existence of a will removes the risk of delays occurring. The relatives of the deceased may not be able to locate either the original will or later versions. It can be harder to locate if the company that drafted the will has since closed down. If someone has been excluded from the will, they may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act.

If the will has not been properly drafted this may cause uncertainty around the deceased’s wishes. A poorly drafted will might even be found to be invalid. This can significantly delay the probate process.

Professional probate advice from Mark Reynolds Solicitors

Taking care of probate can be stressful and complicated, particularly if you are grieving. At Mark Reynolds Solicitors, our experienced probate services understand the process of dealing with the estate of a friend or family member can be a daunting process. Our team can take care of as much or as little of the process as you wish, providing support and advice along the way.

If you’re the executor of a will and would like confidential advice and support with the probate process, call 0800 002 9577 or contact us online.

While the NHS provides high levels of service and care for the population most of the time, mistakes, omissions and errors can happen during the course of treatment for an illness or medical condition. When that occurs, the consequences can be severe for the individual and their family.

When something goes wrong with your treatment you may require long-term care, may no longer be able to work, and your home may need adaptation. As well as these practical aspects, there’s also emotional consequences to consider.

If something goes wrong with your NHS treatment is it possible to sue the NHS for clinical negligence?

Taking legal action for clinical negligence

It’s perfectly possible to take action against the NHS if the treatment you received has resulted in injury. Whether it was GP negligence, hospital malpractice, dental medical negligence, or malpractice in nursing, if the standard of care falls below an acceptable level then this can have consequences. If those consequences are financial loss, reduced life expectancy and even death, then you or your family are likely to be able to make a successful claim against the NHS.

It’s also important to remember that clinical negligence can happen at any time during your treatment by the NHS, from your initial appointment with a medical professional to the end of your treatment.

What can I sue the NHS for?

Because of the breadth and scope of NHS treatment, there are a wide range of potential reasons why you may wish to sue the NHS. Here are some of the primary reasons why people make clinical negligence claims:

● Failure to correctly diagnose your condition.
● A mistake was made during a procedure or operation.
● The wrong drug was prescribed.
● Informed consent to treatment was not received.
● Failure to properly warn about the risks of a particular treatment.

If an injury has been suffered as a result of medical treatment, it may be referred to as a ‘medical accident’ or ‘patient safety incident’. This does not necessarily mean that your treatment was negligent. It’s only possible to make a medical negligence claim if it can be shown that on the balance of probability that:

● Your treatment was carried out negligently. In practice, this means that the care you received fell below acceptable standards.
● It also needs to be shown that this negligent care was the cause of your injury.

What is the average compensation?

According to NHS Resolution, the average payout for medical negligence in the UK is £50,000. Payments can be as little as £1,000 to several million pounds depending on the specifics of each case. The figure will be influenced by the estimated time for recovery, the financial implications of the injury, as well as the cost of any further treatment.

Some of the factors that will be taken into account will include:

● Compensation for pain and suffering.
● Payment for ongoing treatment
● Loss of earnings
● The cost of any extra care or equipment you may need
● The cost of adapting your home
● Compensation for psychological damage

A claim can also be made for the next of kin of someone who has died or who lacks the capacity to make their own claim. The court will also take into account certain social security benefits you may be entitled to because of your injury before deciding on the level of compensation you receive.

Is it wrong to sue the NHS?

Many people have concerns about the ethics of suing the NHS if they are the victims of medical negligence. They may have concerns that any compensation they receive is money that could go towards delivering frontline services. However, few people bring a medical negligence claim without carefully considering their options. There are no punitive sanctions applied to the NHS as a part of the case. Instead, claims lead to reviews of how care is delivered, more joined-up risk monitoring and an overall reduction in clinical negligence claims.

The NHS works hard to reduce medical negligence and claims can help to spotlight issues either with particular practitioners or services.

Experienced help for your medical negligence case

At Mark Reynolds Solicitors, we are experienced at handling complex medical negligence cases for our clients. All clinical or medical negligence enquiries are completely free of charge. We will assess all available funding options and we can normally act for clients on a no-win-no-fee agreement. If you’d like to discuss your options and what we can do for you, please call 0800 002 9577 or click here to go to our contact page.

Estates and families vary considerably. From single people households with little in the way of assets, to large estates made up of property, investments and business interests. It’s no surprise therefore that there is a range of different wills to suit different purposes.

Deciding which is the best for you will depend on a number of factors. A Will doesn’t just have cover how assets are to be distributed but can also include your wishes for your funeral, as well as what you’d like to happen to personal items or those things with sentimental value.

Here is a brief guide to some of the different types of will that are available in the UK.

Single Will

This is the most common and familiar type of will. It’s a simple document that outlines what any individual person wishes to happen with their estate when they die. Single wills are generally for people who are not in a relationship. They may also be used in instances where partners have different wishes. It might also be used if one spouse already has a will.

These can be particularly appropriate if you are married but have children from a previous relationship, allowing you to divide your estate between your spouse and your children. A Single Will lays out how you would like your assets to be divided and the document then signed in front of witnesses.

Mirror Wills

If a couple has the same wishes regarding the distribution of assets then Mirror Wills are usually used. These are two documents, one for each person, but the contents of each will mirror the other one.

When one spouse dies the entire estate is passed to the surviving spouse. When they have both died, the estate is then distributed according to the instructions in the will.

The contents of Mirror Wills can make requests regarding personal items, such as photographs, books, art and jewellery. Mirror Wills rely on high levels of trust between two people because it’s perfectly possible for the surviving spouse to change their will after the death of their spouse.

If you have children from another relationship then this may be problematic and there have been occasions when someone has cut out family members or a will has been changed to benefit a new spouse.

Trust Wills

Trust Wills address some of the issues that can arise with Single and Mirror Wills. There are different types of trust wills that allow for some degree of flexibility. They may also provide some protection from Inheritance Tax. There are a number of different types of trust will, each suited for different personal circumstances.

Discretionary Trust

A Discretionary Trust can be used to leave part or all of your will, to a trust that is created in the Will. In the trust, you can name the trustees who will manage the trust and who its beneficiaries will be. The trustees will have complete control over how and when any beneficiaries receive the contents of the trust.

These can be a useful means by which to ensure that young children or beneficiaries incapable of managing their finances are provided with funds. Creditors cannot access the fund which makes them a useful option for providing for anyone who is in debt or who may be bankrupt.

Property Trust

Property Trust Wills allow for someone to benefit from the property while preserving all or part of it for another beneficiary. This might be because you’d like to pass on your property to your children while ensuring that your spouse can remain in the property until you die. This can be useful if you have remarried but would ultimately like your property to pass on to your children from a previous marriage.

Flexible Life Interest Trust Wills

Flexible Life Interest Trust Wills are similar to a Property Trust Will. These protect assets while allowing a beneficiary to receive income from the trust. A surviving spouse can access funds for their ongoing needs for the rest of their life. At their death, the assets then pass to other beneficiaries. In most cases, this is the children.

This type of trust is flexible and allows for discretions about how and when funds are made available. If, for instance, a spouse needed care home fees, these funds are owed to the trust and then repaid on to beneficiaries at death.

Living Wills

A Living Will has the legal name Advance Decision which gives some indication about its role. A Living Will outlines your wishes regarding medical treatments in case you’re unable to make a decision or communicate them. They are most commonly used to reject a range of life-sustaining medical interventions such as being put on a ventilator or being given CPR. These are legally binding in England and Wales and if one exists, medical professionals are legally required to follow your wishes.

Professional Wills & Probate advice

At Mark Reynolds, our Wills & Probate Services can help you choose the right will to best suit your needs and personal circumstances.

For expert and confidential advice call 0800 002 9577 or contact us online.

The vast majority of births pass without incident. In some cases, however, things can go wrong and complications do develop. In some instances, midwives and other medical staff may not properly monitor the situation, and as a result, injuries occur. As with other types of medical negligence, this can lead to a successful compensation claim.

What is a birth injury?

Birth injuries are any harm that’s caused to the mother or baby during or around the time of labour. They may arise for a variety of reasons and can range from minor, to more serious and even life-changing.

Minor birth injuries such as swelling and bruising to the mother or child are common. These will generally heal within a few weeks but in the case of more severe birth injury or complications, they may be caused by negligence or mistakes by the medical team.

What are the causes of birth injuries?

Historically, birth has always carried risks. With modern medical care, birth is thankfully much less risky than it used to be. That doesn’t mean that accidents never happen, and when they do they can be painful, distressing and can cause future complications for both the mother and the baby.

To minimise this risk of injury to both the mother and the baby, medical staff should follow well-established procedures. If these procedures aren’t followed or other negligence occurs and it results in birth injury, then it may be possible to make a compensation claim.

Some examples of clinical errors that can potentially lead to birth injury include;

● Poor care throughout the delivery process
● Administering the incorrect medication
● Mishandling the mother or the baby
● A failure to properly identify, treat or prevent infections such as meningitis or septicemia.

In some instances, birth injuries can lead to serious ongoing and lifetime conditions for either the mother or the baby or both.

Common birth injuries

Some of the common and less common types of birth defects include:

● Obstetrics and midwifery negligence. This might include the improper use of forceps or vacuum extractors during the delivery process and incorrect suturing.
● Mistakes made during screening and failure to spot serious conditions such as heart or brain defects, Down Syndrome, Spina Bifida or other developmental issues in a timely manner that might have led to termination.
● Pregnancy complications have been mismanaged. Pre-eclampsia can lead to high blood pressure that might put the mother at risk of stroke, multiple organ failure, fits and HELLP syndrome.
● The failure to properly identify and treat an infection. These can lead to illnesses and can become extremely dangerous to babies. Maternal sepsis can be caused by something as simple as a Urinary Tract Infection, influenza or pneumonia.
● Failure to conduct or monitor a birth, or the condition of the unborn child for signs of distress can lead to severe and ongoing trauma to both the mother and the child.
● Serious injury to the child caused during or after the birth. This can include serious issues such as infant brain damage. A lack of oxygen can result in a stroke or Cerebral Palsy, Erb’s Palsy, fractured bones or nerve damage due to bleeding on the brain.
● After birth injuries to the mother such as third and fourth-degree perineal tears, and incorrectly performed episiotomies. Poorly carried out caesarean sections cause damage to organs and other surgical injuries.
● Retained Products of Conception (RPOC) refers to the retention of foetal and/or placental tissues that have been left in the uterus after termination, miscarriage or delivery. This is not uncommon and timely diagnosis and treatment are vital to avoid any further complications.

How long after a birth injury can you sue?

Because of the often serious and ongoing nature of birth injury claims the mother has until the child is 18 to make a claim for a birth injury to the baby. If no claim has been made once the child has reached 18, they themselves have three more years to make a claim. If your baby suffered a birth injury that damaged their mental capacity and will not improve as they get older, there are no time limits.

If you’re a mother who wishes to make a claim for a birth injury to yourself you will usually have three years in which to make it from the time the injury took place or when you found out that the injuries were caused by negligence during and around the labour.

How to make a birth injury claim

If you believe that your or your baby suffered an injury as a result of negligence during the birth process then you may be able to make a successful compensation claim. This can be a complicated process so it’s important not only to act quickly but to seek legal advice.

At Mark Reynolds Solicitors, we have extensive experience in making successful medical negligence claims including those for birth injuries. We can advise about the strength of your claim and how to proceed.

To find out more and for confidential advice call 0800 002 9577 or contact us online.

If you have an accident at work you may be worried that you could be dismissed. If the accident is severe and has an impact on your ability to carry out the job you used to do, these concerns may be more pronounced.

There is a great deal of confusion around workplace accidents. Many people fear being dismissed, particularly if they seek legal and financial redress following an accident for which they believe the employer was liable.

What are the rules regarding accidents at work, are employers entitled to dismiss you, and what impact might making a compensation claim have on your ongoing employment?

On what grounds can I be sacked after an accident at work?

Legally, you cannot be dismissed following an accident at work that left you injured. If you sustained this accident due to negligence caused by your employer, you might be considering making a claim for personal injury. You may also be worried that if you do pursue a claim that you might face dismissal.

The only potential grounds for dismissal following an accident might be because of capability. This is assessed by reference to skill, health, aptitude and any other physical or mental quality. If, for instance, your job involved heavy lifting and you can no longer lift, then you may be deemed no longer capable of continuing with your job. This is by no means clear-cut and it can be difficult for employers to prove this. As a result, most employers may try to redeploy you elsewhere or negotiate a mutually agreed contract termination.

If you are not able to continue working and your employer was liable for the accident that caused your injury any compensation payout will take account of these lost earnings.

If you are able to continue working, perhaps after a period of recuperation and sick leave, then your employer will have no ground to dismiss you legally.

What should I do following an accident?

If you’re injured at work it’s important that you report your injury to your employer as soon as possible. Most businesses will have an accident book and the details of your accident should be recorded. This provides protection for both employer and employee and may be referred to should you decide to proceed with a compensation claim.

It’s also a good idea at this early stage to take photographs of your injury and the accident scene. You should write down your own account of what happened while it is fresh in your mind and ask any witnesses to the accident to do the same. If you can, make drawings of what happened to illustrate your notes.

You should make an appointment to see a doctor and any other relevant medical specialist as soon as you can.

If you feel that employer negligence led to the accident then you may be able to make a compensation claim. Any claim needs to be made within three years of the date of the accident and you will usually require the help of a lawyer.

Even if you are only exploring the possibility of making a claim it can be helpful to approach an experienced accident claims specialist. They will be able to advise about the strength of your claim and the potential compensation should your claim be successful. You will then be in a stronger position to decide whether or not to proceed.

Can I be sacked for making a compensation claim?

The law on compensation claims is clear. You cannot be sacked for making a claim. In many cases, if you work for a company with a large HR department your immediate manager is unlikely to know that a claim is being made. If you work for a smaller company they may well be aware that a claim is being made, but this should not be held against you. In such instances, it’s imperative on both sides of the dispute to ensure that a good working relationship is maintained throughout.

Employers are required by law to have insurance in place, so any claim will not leave them personally or the business out of pocket. If an accident has happened it’s imperative upon the employer to ensure that it’s appropriately dealt with to minimise the risk of it happening again.

As well as secure ongoing employment, you also have the right to be placed on lighter duties until you have fully recovered.

What if my claim causes bad relations with my employer?

As discussed above, the majority of responsible employers will accept that a valid claim is something to be handled carefully, rather than taking it personally. In larger companies, there will usually be a well-worked out procedure for handling claims, and your own claim will be treated accordingly.

In some smaller businesses, relationships can suffer as a result of a claim being made. If this results in the employee becoming harassed or unfairly treated, you may feel you have little choice but to resign. If you have in effect been forced out by your employer then you may have a case for constructive dismissal. If you wish to make a constructive dismissal claim, then this will need to be made within three months of resigning.

Don’t hesitate. Get advice.

The experienced team of compensation claim specialists at Mark Reynolds can give you advice, assess your claim and help you through the entire process. Call 0800 002 9577 or contact us online to get things started.