Category: News

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

As of the new year, there are a number of Employment Law changes coming into effect that both employers and employees need to be aware of. In order for you to be prepared for each of these changes and make the appropriate arrangements, we have compiled a comprehensive list of each change in order from the start of 2019.

1^st January

The first employment change of the year pertains to executive pay gap reporting. As of the first, regulations will require UK listed companies with more than 250 UK employees to annually report on the pay gap between their average worker and chief executive. The first report will be due in 2020.

29^th March

As a result of Brexit, employment law is subject to change from this date, although if the 2-year Brexit negotiating period is extended this date will change. If this date remains, a transitional phase will ensue until 31^st December 2019 in which free movement for EU citizens will continue and the UK will remain within EU trade agreements.

30^th March

All departments within the public sector with 250 employees or more will be required to publish their gender pay gap by this date.

1^st April

The new National Minimum Wage and National Living Wage will come into effect.

The government equalities office will move to the Cabinet Office to gain more influence and make progress towards equality.

4^th April

All private and voluntary sectors with 250 employees or more will be required to publish their gender pay gap by this date.

6^th April

Two key changes to the Employment Rights Act 1996 will come into effect, changing payslip information. Employers must include total hours worked where the pay will vary according to hours worked and payslips must be given to all workers, not just employees.

To find out more details on each of these changes visit www.legislation.gov.uk

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.

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 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.

Investigating potential psychological injuries forms part of our investigations into medical negligence claims. That may seem unusual and of course, not all of our clients will have experienced psychological injuries. However, it is something that we need to consider when we look at the injury our client has suffered.

The focus is usually on the physical injury.  These are the injuries that most people can identify easily- they can usually see these injuries and they can feel the pain from these injuries. With psychological injuries, it’s not quite as obvious. Sometimes it’s brushed away or not addressed because it’s difficult to talk about. Some people also view a psychological injury as a weakness or something they are ashamed but this should not be the case.

Medical negligence claims are emotive. Our client has been failed by their medical professional, a professional that they trusted. When this treatment involves sensitive issues such as a delay in diagnosis of cancer, an injury to a child or a death, it’s easy to see how that may have had an emotional impact on the individual. Similarly, if our client has been left with an injury that affects them every day, it’s not unexpected that they will feel down or upset.

Psychological injuries manifest in different ways. For some people, they may become upset when they think about the events or triggers that remind them of it. Other people suffer from flashbacks and nightmares. Some clients become anxious and fearful of attending hospital or the dentist. Alternatively, clients may avoid going out or socialising. This is not an exhaustive list of symptoms but an example of how an event can impact you.

Some of our clients may have had a formal diagnosis of their psychological injury by a doctor. On other occasions, our clients have not sought help or perhaps they haven’t realised the extent of it yet. Examples of psychological injuries can include; anxiety, depression, adjustment disorders or Post Traumatic Stress Disorder.

Here at Mark Reynolds, we take the time to get to know our medical negligence clients. We spend time discussing the impact that the events have had on you and how you feel it has affected you. We listen to you. If we feel that you may have suffered psychological harm as a result of your poor treatment, we will investigate this thoroughly.

If you would like to discuss a potential claim with us, please contact us on 01925 418004 to talk to one of our specialist clinical negligence solicitors.

At Mark Reynolds, we have been helping clients obtain industrial disease compensation for many years. Employers across all industries have a duty of care to their employees and face penalties if they fail to comply with this. We are able to offer the highest standard of representation and are able to provide legal assistance in various areas related to industrial disease, including asbestos, carpal tunnel syndrome, tinnitus, vibration white finger, mesothelioma, industrial disease claims and many more.

How Compensation Can Help

The compensation that you receive can help you pay for any changes you have been forced to make to your life as a result of suffering from an industrial disease. It can also offset at least some of your pain and suffering. Many industrial diseases occur after individuals are exposed to dangerous substances or unsafe working practices over a long period of time. In order for an industrial disease claim to be a success, we need to carry out a thorough investigation of your working history.

A Passion for Justice

A large number of claimants remain unaware that their illness is related to their working history for many years. However, if you do suspect that your condition is linked to work that you have carried out in the past, we can help. We are passionate about delivering justice for our clients and we always aim to obtain the maximum amount of compensation for your illness.

A Duty of Care

Your employer’s duty of care means that they need to provide you with personal protective equipment when necessary, must provide breaks from working in the same environment or on the same tasks and must offer sufficient training to ensure you are competent enough to do your job efficiently and safely. If you contract an industrial disease because they failed in their duty of care, there’s a very big chance we will be able to bring them to account and provide you with justice.

Swifter Resolution

We also aim to reach a conclusion in the shortest time-frame possible, so you can get the compensation you need and put the legal action behind you. Some workplace illnesses are a direct result of working in certain environments, whilst other conditions have been worsened because of them. Some industrial disease cases can be very complex, but we have the experience, expertise and determination needed to see them through.

A No Win, No Fee Service

The level of compensation that you receive will depend on a range of factors, such as the severity of your suffering and how much your quality of life has been affected. We work on a no win, no fee basis to take the risk out of making a claim and offer a bespoke service which means your specific needs and circumstances are always addressed when we help you. Why not get in touch today if you wish to find out more about making an industrial disease claim with Mark Reynolds? Call us today on 0800 002 9577 or complete the form on our site.

Being treated unfairly or inappropriately by a police officer can be very distressing, as they are the very people that we expect to act responsibly to keep us safe.

Individuals who have suffered at the hands of a police officer can be deeply affected by the incident.  Taking legal action against the police can help the person who has been wronged to find closure on an upsetting event by getting answers, receiving an apology, and sometimes compensation too.

The most common claims that we deal with against the police include wrongful arrest, assault, breach of human rights and trespass.

In many cases, claims against the police can be settled without the need for court proceedings. It is when the police disagree with your claim or will not offer a reasonable amount of compensation that a claim will then be taken to court.

We recommend taking the following steps if you’re ready to bring a claim against the police.

Contact Your Solicitor

Your solicitor will listen to the details of your case before advising you on the most appropriate course of action, the likely outcome, and an estimate of the amount of compensation you may be entitled to.  You can then make an informed decision about how you’d like to proceed.

Gather Evidence

This could be anything from records or paperwork from the incident to eyewitness accounts.  The more evidence you can gather the better it will be for your case.

Make a Complaint

Complaints should be made to the relevant police force or organisation.  This can either be done online using an online form or on paper and sent in the post.  The Independent Police Complaints Commission (IPCC) is the independent body that investigates the most serious incidents and complaints involving the police, your complaint may be referred to them if it is of a serious nature.  Your solicitor can help you with your complaint and any appeals that follow.

Make Sure You’re Claiming in Time

If you wish to take legal action you must adhere to the time limits in place. Discrimination claims should be made within 6 months of the incident, Human Rights Act claims within one year, and assault within 3 years.  Complaints against police misconduct need to be made within 12 months of an incident occurring.

For more help and advice with bringing a claim against the police, don’t hesitate to get in touch with our team here at Mark Reynolds Solicitors by giving us call on 0800 002 9577.