care home

How Care Cuts Are Affecting Older People in the UK

An inquiry has found that government care cuts are putting the elderly’s health and wellbeing at risk.

The 13 month inquiry was carried out by the global campaign group Human Rights Watch and found that older people are facing physical, financial and psychological hardship because of cuts.

Since the government cuts, many elderly people are now finding that they are not receiving the help they need to live independent and dignified lives.

Many elderly people rely on social care services to help them to continue to live independently in the community. But since 2010, when the government cut the funding for councils by almost 50%, there has been a 140% increase in adult social care complaints.

Many elderly people are now receiving incorrect care assessments, which can have devastating effects on their health, wellbeing and independence.

Planning for Home Care Fees

In a country with an ageing population and rising care costs, planning and preparing for care later in life is becoming more important than ever.

The amount of financial support that you can claim towards funding care costs is dependent on the value of your capital assets.

If your capital assets exceed the maximum threshold, which currently stands at £23,320, then you will be required to fund the full cost of your care yourself.

Working out how much you would be required to pay towards your care costs, and where you will find the money, can be stressful and confusing.

At Mark Reynolds Solicitors we offer a care home fee planning and advice service to help you prepare for the future.

Our specialist solicitors can help you and your family to understand what options are available to fund your care and help you to put plans in place, giving you peace of mind that you will be looked after in the future.

For more information about our care home fee planning service, or to book a free consultation, please get in touch by giving us a call on 0800 002 9577.

lasting power of attorney

Gifting Rules Under Lasting Power of Attorney

When acting as a lasting power of attorney, special care should be taken when giving gifts on behalf of the donor to avoid legal and financial consequences.

It is an attorney’s responsibility to ensure that they are acting in their donor’s best interest and using their estate as they would have wished for it to be used.

One of the many financial decisions that attorneys must make is when it is appropriate for the donor to send gifts to those close to them.  There are many rules and restrictions to gifting under lasting power of attorney. These rules are in place to protect individuals and their estates, and attorneys should take care to act within these laws.

It’s important to note that it is only property and finance attorneys that have the power to gift, health and welfare attorneys do not have this power.

Who Can Gifts Be Made To?

To protect the donor, the rules for who gifts can be made for are restricted to the following:

  • Family and friends on occasions where gifts are customarily given, this could include birthdays, Christmas, weddings, anniversaries and christenings.
  • Charities that the person has previously donated to or had a connection with.

The Terms of the Gift

The gift given must be of a reasonable size and reflect the value that the person usually spends on such occasions and the size of their estate.

If an attorney believes it to be appropriate and within the donor’s best interests to give a large gift, then this must be authorised by the Court of Protection and the attorney will be required to put forward a case to justify the large gift.

If in doubt, it’s best to consult a specialist solicitor before gifting under lasting power of attorney to avoid legal consequences.

For more information about lasting power of attorney or gifting, don’t hesitate to get in touch with our team of specialist solicitors here at Mark Reynolds Solicitors by giving us a call on 01942 260 228.

care home fees

Warnings Over Trust Schemes That ‘Protect’ Your Property to Avoid Paying For Care

Nursing home costs can be incredibly expensive. In fact, the average cost for residential care in the UK is £32,344 a year rising to over £44,512 a year with nursing care. The costs can be substantial and can place a heavy burden on families. Often, people have no choice but to sell their homes to cover the costs.

Means-tested equations are used to assess an individual’s assets to determine the amount they should contribute to their care. The cap is set at £23,000 for the tax year, but it also means that property owners will be responsible to pay for their own care if they exceed the amount.

Many are increasingly turning to schemes that place their homes into a trust. Setting up trust schemes can cost thousands of pounds. The idea is to transfer a property into a trust so it can’t be used to fund care costs and to keep assets intentionally low. Such schemes are tempting as it means potentially saving thousands on care costs. But experts warn that their effectiveness cannot be guaranteed. It’s also against the law to transfer property specifically to avoid paying for care fees.

What You Can Do

Rather than participate in risky schemes, here are some options to pay for care costs:

NHS Continuing Care: Those who require long-term care may qualify for funding by the NHS. Eligibility is determined by assessed needs and not on a particular diagnosis. If at least one priority is determined in a health category (e.g. breathing, mobility, cognition, etc.) then you are likely eligible to receive NHS continuing healthcare. You’ll be notified within 28 days of the initial assessment.

Care annuity: Another option to pay for long-term care is to consider care annuities. An annuity is a type of insurance policy that guarantees a fixed income at regular intervals for care costs. How much you receive depends on various factors including your age, health, and the amount you paid towards the annuity. We strongly recommend speaking with a financial adviser if you are considering this option.

To find out more about planning for care home fees, contact Mark Reynolds Solicitors today.

traumatic brain injury

How Long Do Traumatic Brain Injuries Last?

A traumatic brain injury or TBI is an injury to the brain caused by external force to the head. Typical causes include physical assault, vehicle accidents, and falls. The Glasgow Coma Scale (GCS) runs from 3 to 15, and is used to classify TBI according to its severity: mild, moderate or severe. Individuals with mild forms of TBI have a 13 to 15 rating while those in a comatose state are given a 3.

Any injury to the brain can result in temporary or permanent neurological damage. Symptoms of a brain injury can include the following depending on its severity:

  • Memory loss or concentration problems
  • Difficulties speaking or understanding
  • Feelings of constant fatigue or drowsiness
  • Sudden loss of consciousness
  • Loss of fine motor skills
  • Inability to recognise objects
  • Blurred or loss of vision

Recovery and rehabilitation are both possible but the effects can be long lasting, even for moderate cases. The question then is how long do traumatic brain injuries last?

Length of Recovery

Determining the length of recovery for a traumatic brain injury is difficult for a number of reasons. The type of injury sustained, the quality and timing of treatment received, and the overall health and age of the individual all affect the recovery process. It’s understandable for family members to want a precise timeframe on when a loved one can recover, but each case varies from person to person.

Rehabilitation programs are tailored around the individual with the goal to improve losses in any physical or cognitive abilities. Improvements typically occur in the first six months after an injury is sustained. More severe cases can take even longer – two years or more – to see any improvements. The good news is that most people who have received medical care and inpatient rehabilitation services show decreases in disability after two years following a brain injury.

If a loved one has suffered a traumatic head injury, Mark Reynolds personal injury solicitors can help determine if you have a claim to compensation. Get in touch with our team today.

medical negligence eye surgery

How to Make a Loss of Sight Claim

A sudden injury that causes loss of sight can have a devastating impact. Even partial vision loss can be distressing, as it potentially means being unable to work. Common causes of temporary or permanent loss of sight include physical trauma, workplace accidents, and medical negligence.

If you or someone you know suffers from vision impairment due to the negligence of another party, they could be held liable. Here’s what you need to know to make a loss of sight claim, including how long you have to make a claim, the amount you could expect, and how to get started.

How Long Do You Have to Make a Claim?

There is a three-year statute of limitations period for personal injury cases. That means you have up to three years to file a case whether your condition was due an injury or workplace accident. Children who suffer vision loss as a result of negligence can make a claim up to the age of 21.

It takes time to build a case, so the sooner you contact our solicitors the better.

How Much Compensation Can You Claim?

The amount you can claim depends on factors such as the cause and extent of the injury. The Judicial College provides a range of compensation claims for certain types of injuries including loss of sight. These guidelines are frequently used when estimating how much you could claim.

  • Severe injury leading to total blindness: Up to £297,000
  • Total loss of sight in one eye: £40,300 – £48,200
  • Minor eye injuries: £2,900 – £6,400
  • Temporary loss of sight eye injuries: £1,620 – £2,900

Mark Reynolds Solicitors can help you get a more accurate estimate and maximise your compensation.

How to Make a Loss of Sight Compensation Claim

Have you or someone you know suffered an injury that led to loss of sight? Whether the damage is mild or severe, you may be entitled to compensation. Mark Reynolds Solicitors can help you build a case and make a loss of sight claim. Call us today on 0800 002 9577 or fill out the form on this page and we’ll be in touch shortly.

medical negligence eye surgery

Case Report – Negligence Arising Out of Eye Surgery

We recently concluded a successful settlement for a lady who suffered significant damage to her vision as a result of negligence during an operation on her eye.

Our client had unfortunately suffered detached retinas in both eyes in quick succession. She underwent non-negligent surgery in her left eye but there was a negligent complication with the right eye which resulted in permanent damage to the optic nerve. She was left with significantly impaired vision in her right eye.

As a result of her visual impairment, our client had to give up her job and has lost the majority of her independence. This has caused her significant and permanent financial losses and expenses.

Our client had previously instructed another firm of solicitors to deal with the claim but became dissatisfied with their level of service and a lack of progress with the case. She then approached Mark Reynolds Solicitors and we agreed to take over the case.

In order to progress and succeed with the claim, it was necessary to commission eight formal reports and statements from expert witnesses. A Consultant Ophthalmologist was required to consider and report on the negligent surgery, the physical injury caused to our client’s eye and the prognosis for the future; a Consultant Psychologist reported on the psychological impact that the injury had on our client;  and a Care and Occupational Therapist reported on the day to day impact the disablement had on our client, including the need for aids, adaptations and care.

Having obtained all of the required expert evidence we were then able to negotiate an out of court settlement for a figure just over £375,000.

Dominic Jones, the solicitor running the case, said the following after the case was settled: “Tragically, a very straightforward surgical error led to a permanent eye injury for our client. Her life has been changed forever and she has also incurred significant past and future expenses as a result of the injury. Getting to a point where we could negotiate the settlement was very complicated, with numerous experts involved and a very wide range of financial losses to consider and quantify. Having built up the evidence to be as strong as possible, we were then able to get the case settled out of court without the need to attend an anxious and unpredictable trial.”

Our client made the following comments: “I was very impressed with the personalised service that I was provided. The solicitors arranged appointments at various places to suit me, including at my home. I was provided with detailed advice throughout the claim. I would definitely use Mark Reynolds Solicitors in the future and would be happy to recommend them to friends and family.”

Negligence related to eye treatments or surgery is just one area of claim that we can deal with. If you think that you have been a victim of medical negligence please call our team for a free, no obligation consultation on 0800 002 9577

medical negligence claims

How to Prove Medical Negligence

In order to prove Medical Negligence has occurred, it is the responsibility of the claimant to provide evidence. This evidence must demonstrate that the duty of care has been breached and as a result, the patient has suffered injuries whether they be physical or mental. It is, however, important to note that the treatment received not being successful or not working in the way the patient hoped does not constitute as Medical Negligence. There is also a misconception that if you believe someone did something wrong during your treatment you are able to put forth a claim but again, you can only do so if harm was caused.

In order to have a successful claim you will need to provide proof of a number of occurrences during your treatment:

  • The duty of care was breached.
  • This breach of duty of care has subsequently caused harm to the claimant.
  • As a result of the harm caused, the claimant has lost out on earnings and experienced other losses, financial or otherwise.
  • Finally, the claimant must prove that the healthcare professional treating them owed a duty of care to not cause any injury.

During this process, many claimants find that the most difficult area to navigate is providing evidence that harm has occurred due to negligence and not as a result of an underlying condition. This is particularly difficult when the injury pertains to mental health and the claimant has suffered from such problems in the past.

As part of the process, there will be an investigation using two specific tests; the Bolitho Test and the Bolam Test. Each of these will use other practitioners in the field to conclude if given the same set of circumstances would they have done anything different that could have avoided the patient coming to harm.

When looking to put forth a medical negligence claim you will need to allow your solicitor to have access to your full medical record. From here they will check over every detail to ensure you have everything you need for a successful claim as well as bringing in an independent medical expert to help compile a report.

Contact Us

To find out more about making a medical negligence claim, contact Mark Reynold Solicitors today. You can reach us by calling 01928 560022 or using the form on the website.

5 Reasons You Can Sue Your Dentist

Dental treatment rarely goes wrong, but if you are a victim of negligence and wish to take action against your dentist, Mark Reynolds can provide all the legal support that you are looking for. Let’s take a look at some of the most common reasons for suing dental professionals right now.

  1. Erratic or incorrect treatments

If a procedure has been carried out incorrectly, we can help. We have dealt with many cases involving unnecessary and incorrect tooth removal and can help you achieve justice following poor-quality treatment.

  1. The wrong prescriptions

Many people see no option other than taking action after becoming victims of dosage errors, unnecessary prescriptions and prescriptions of drugs you are known to have an allergy to. You may have been given medication that conflicted with drugs you were already taken. In any case, help is available.

  1. Diagnosis failure

If a dentist fails to diagnose a specific condition, you may be forced to undergo more treatment than would otherwise be required. Disorders that may be missed can include tooth decay and gum disease. If it is likely that a body of medical professionals would have been able to diagnose your disorder but failed to do so, you may be able to take legal action.

  1. Substandard training of staff

Many people take action because mistakes were made by staff the company failed to train to an acceptable standard. When staff haven’t received quality training, they are far more likely to make mistakes that could have been avoided.

  1. Unnecessary procedures

If work has been carried out that you didn’t ask for and weren’t aware that you were going to receive, you may be able to receive compensation.

To find out more about making a claim against a dentist, contact Mark Reynolds Solicitors today. You can reach us by calling 01928 560022 or using the form on the website.

why you need to write a will

Why You NEED to Write a Will

It’s always difficult to think about death, especially your own. But unfortunately, it’s one of the only things in life (as well as taxes) that’s guaranteed. It’s your will that tells your loved ones what should happen with your money, possessions and property when you die. If you haven’t left a will, it’s up to the law to decide what happens with your possessions. And this may not align with your wishes.

Four Reasons Why You Need a Will

Here are just four of the many reasons you should think about writing a will.

  1. There’ll be less burden on your family and friends to sort everything out when you die, as you’ll already have made those decisions. Without a will, the process is going to be a lot more stressful and time consuming for them.
  2. If you don’t have a will, then the law will decide how everything you own will be distributed. This process may result in a different outcome than you would like.
  3. If you want to reduce the amount of inheritance tax that may be payable based on the value of the property and money you leave behind, then a will can do that for you.
  4. It’s especially important to write a will if you have children or other family who are dependent on you financially. Likewise, if you wish to leave something for someone outside of your immediate family, such as an unmarried partner, you need to write a will.

Need Help Writing Your Will?

It’s very important to write your will correctly otherwise you risk it being invalid, which means you’ll lose the benefits of writing one. Mark Reynolds Solicitors offers advice on will writing and will guide you through the process to ensure that your will is written exactly how you want and is legally binding.

catastrophic injury solicitors

How to Claim for Catastrophic Injuries

Catastrophic injuries can have a devastating effect on you and your family, causing a lot of pain and suffering. It’s, therefore, your right to claim for compensation for any trauma you’re going through. Read on to find out how to claim for catastrophic injuries.

What Defines a Catastrophic Injury?

Any serious, life-changing injury resulting in permanent disability, long-term medical problems or a reduced life expectancy is generally classed as a catastrophic injury.

Different Types of Catastrophic Injuries

  • Brain/head injury
  • Severe burns
  • Amputations
  • Spinal cord injury
  • Paralysis
  • Multiple fractures

Are You Eligible to Make a Claim?

If the serious injuries you have are as a direct result of the negligence of a third party, then you have the right to make a compensation claim.

How to Make a Claim for Serious Injuries

Call Mark Reynolds’ no-win, no-fee serious injury solicitors for a free consultation to discuss your serious or catastrophic injury on Freephone 0800 002 9577. Alternatively, visit our contact page.

We will arrange to visit you in your own home or at the hospital to give you and your family thorough advice and guidance.

Our specialist team of expert solicitors will work with you on a no-win, no-fee basis to help you obtain the highest level of compensation for you and your family, to ensure you recover the best you possibly can, and live the rest of your life to the fullest after such a serious injury.

How Long Do I Have to Make a Claim?

From the date you suffered your accident, or in special cases when you first became aware of your injuries, you have 3 years to make a claim for a serious injury.

If you’re a close relative wishing to bring a claim of compensation for a loved one who has passed away, the time limit is 3 years from the date your relative passed away.

Mark Reynolds Solicitors are here to help you make a compensation claim for catastrophic injuries. Contact us today to discuss your claim.