Professional Negligence | Mayo Wynne Baxter

Thinking of making a clinical negligence claim? Here are a few things to consider…

Sad team of three doctors having conversation and thinking at sollutions isolated on white background

Is this something I feel I must do? Strong emotions and troubling thoughts are understandable when you, or someone you care about, suffer as a result of what looks like medical negligence. The desire to find out exactly what happened, and identify who was responsible, is a natural reaction.  However it is important to be… Read the rest of this post (No Comments)

McCarrick -v- (1) Park Resorts Ltd (2) Chiltern Health and Safety Service (3) Johnson [2012]

On 26 November 2007, the Claimant – who was then a 20 year-old man – was working as a heating engineer at Skipsea Sands Holiday Park, which was owned and run by the First Defendant. At the end of his first day there, he went to an indoor swimming pool with his work colleagues and… Read the rest of this post (No Comments)

Good Risk Management Avoids Claims

Throughout the last few months, I have shared my top ten tips to avoid claims….. as a professional negligence solicitor. I’ve spent twenty years helping clients with negligence claims against all kinds of professionals – including solicitors, accountants, architects and surveyors. And another word from insurers “Perhaps the most surprising fact about professional negligence claims…..is… Read the rest of this post (No Comments)

TIP 10. And the last tip in the series but definitely not least….. Put it in writing

And a word of caution from insurers also. “One of the biggest safety measure that any professional can take is to make adequate file notes. Very often the lack of a note can create a claim, as there is no proof that good and adequate advice was given: the presence of a file note can… Read the rest of this post (No Comments)

TIP 9. Saying no Or put another way – “Why did I take this client on in the first place?”……

Sometimes I hear about a claim that went wrong from the moment a client signed up. Despite the pressures to attract clients and rack up billable hours there are times when a case costs more than it’s worth. It may be a situation outside your experience, the fact that your best advisors are already overloaded… Read the rest of this post (No Comments)

TIP 8. Whose interest is it anyway?

Confusion over whose interest you represent is another common trap. When a case involves many parties it can be far from simple. An architect instrumental in creating the famous biomes of the Eden project was involved in a case that hinged on this point. His lawyers set up a charitable trust without explaining that this… Read the rest of this post (No Comments)

TIP 6. Identifying risk effectively or ‘ is your practice the subject of the next news headline’?

A recent article in the Law Society Gazette warns that ‘Cybercrime is with us and it’s a growth area’. There is potential for loss of paper-based client data, but the risk is not as great as where data is stored electronically without robust systems protecting it from attack. So, have professionals thought strategically about data… Read the rest of this post (No Comments)

TIP 5 – The F word

Hands up who gets excited about filing? Me neither; but there are few costlier mistakes than incomplete records. A client of mine learnt this the hard way when buying a nursing home. She thought she was buying outright, but the seller wanted to retain an interest. Unfortunately my client’s lawyer went on holiday just before… Read the rest of this post (No Comments)

TIP 4. Watch your emails

The sheer volume of email makes keeping a check on it feel like an impossible task. Yet it’s frighteningly true that grounds for negligence or statutory penalties can come at the click of a mouse. As an example, last week the legal press reported that the Information Commissioner’s Office (ICO) found Stoke-on-Trent Council in serious… Read the rest of this post (No Comments)

Don’t panic

Two items of news today which appear to be unrelated but have a thread in common….. First the very sad news that actor Clive Dunn has died at his home in Portugal following a short illness. Older readers will remember that he was best known for playing a World War 1 veteran-turned-butcher, Corporal Jones, in… Read the rest of this post (No Comments)