Cut NHS compensation payments for clinical negligence by encouraging the delivery of an early apology

There is no doubt that those working in the NHS are committed to their work and we have some of the most skilled and hard working doctors and nurses in the world. 

However as in most sectors even the most trained and skilled employee can make mistakes/omissions particularly under pressure.  Not all mistakes or failures lead to unnecessary death or injury.   Sometimes we may not even beware that an oversight, mistake or omission has occurred.

On those occasions when something does go wrong however we often left feeling aggrieved and lost.    In the main there is very little information given about the situation, we are often left for months not knowing what has happened and who was to blame.    Unfortunately not all doctors and nurses are versed in the skills of PR and general communication.  In fact, another of complaints and claims for compensation would never appear if communication with a patient was given the priority it deserves.

When something goes wrong the first thing we need to know that a problem has occurred, the consequences of that problem, and what the hospital or GP intends to do next.  On top of this, and perhaps as equally important, if not more, is the communication of an early apology.

The number of clients we see who say they would never have dreamt of consulting with us if the Hospital or GP had held up their arms admitted they had made a mistake and apologized.  In all walks of life an apology can go a long way.

Will the situation improve? Sadly no as with the austerity measures there is unlikely to more money pumped into the NHS and therefore the level of communication is likely to decrease rather than improve.

So the next time you hear about the money lawyers are taking out of the NHS with compensation payments and fees, please remember this article and make it known to you local MP that there would be less compensation payouts if more money was invested in the improvement of doctor/administrator/client communication.

Sara Westwood and David Jones are members of MJP Clinical Negligence Team and between them have over 30 years of experience in the sensitive and professional handling of compensation claims arising out of Hospital and GP mishaps.  They can be contacted on 01603877000 or by e-mail at davidjones@m-j-p.co.uk

David Pett who is a partner with Morgan Jones and Pett wrote this Blog Entry.  His role involves the supervision of the firm’s Residential Conveyancing Team.  He also runs the Business Development and IT Team. He can be contacted at davidpett@m-j-p.co.uk

Your feedback would be appreciated – davidpett@m-j-p.co.uk

Does the Andy Gray's dismissal mark an end to office 'banter'

Andy Gray made inappropriate remarks in the work place and has been punished for his conduct. Some may say the punishment was too harsh and disproportionate.  Others including myself are asking the question – has this incident marked the end of what has become a common characteristic of the work place that is, ‘office banter’.  Is this PC gone too far, particular at a time when we have a Government that is looking to reduce the level of red tape? 

I accept there is a fine line between respect for fellow workers and what some would call innocent banter. However in all of these cases each situation must be considered on its own facts and more importantly on how the banter is received. 

I am sure there will a lot of workers out there racking their brains to think whether they may find themselves in a similar position on the basis of remarks made in office conversations over the past month or so.  Re- living conversations at last year’s Christmas party must be happening in a number of offices throughout the country.

There is no excuse for offensive remarks but should we all be asking ourselves whether Mr. Gray’s dismissal has now sent out a signal that any form of office banter should now be restricted. The question of whether this is good or not is one that should be viewed against a background of low office moral due to risk of redundancy and wages that are being eroded by inflation.

Surely it must be best to leave it to the adult to decide what is appropriate banter given the audience and circumstances prevailing.  We should all know how remarks will be received and whether they may be unwelcome.

Time will tell as to whether Mr. Gray is deterred from challenging the decision through an offer of a secret severance payment or whether the appropriateness of the sanction will be aired in an Employment Tribunal.  One thing is for certain these circumstances have placed a big question mark over the future of unguarded office banter.  

Make the right choice when instructing a lawyer to handle your home sale or purchase

Choosing a solicitor to handle the legal aspects of your home move can be difficult.  There are now so many different routes available to find a solicitor, it can often be confusing.  Where do you start? How do you know you are engaging a competent solicitor, and more importantly one who is prepared to communicate in language you understand?

Modern media and the rise, in particular, of price comparison websites have, regrettably, forced many sellers and buyers down the route of searching high and low for the cheapest supplier. Selecting a solicitor on the basis of how cheap the service may or may not be is not always sensible and can at the end of the day prove to be disastrous.

So what should you be looking for? Although it may be obvious, the clear goal must be to secure a competent lawyer at a competitive price and one who will do all he or she can to make sure you move home quickly and with the minimum of stress.  Though it may seem a tall order, this goal is not as difficult to fulfil as you may first think.

The first tip is to always make sure before committing to the engagement of the lawyer that you have in writing a full and final figure quote for both sale and if necessary, purchase.  Do not get drawn into the trick used by some whereby the headline fee for the service is kept low only to find that the incidental expenditure,  such a property search fees, bank transfer fees when added make the total cost of the service a lot higher than first thought.

You need to ensure that all of the cost of moving, such as stamp duty, Land Registry fees, are included in the estimate.  You will need to know this to work out how much you will need to move home.  Some sellers are not fully checking the total cost of the move, such as these fees and also the cost of clearing any existing mortgage, and this has unfortunately, led to a number of transactions failing.  

So once you have a quote and are sure it includes everything, the next question is to ask whether you know very much about the solicitor. Just because you are happy with the figure quoted should not be enough. You need to do some research, ask around to see if anybody you know has previously dealt with the lawyer, go onto the website and look at the firm and its personnel.  Perhaps also ask to speak with the person who will be dealing with the case. Ask how long it might take to deal with the instructions.  You need to make sure you are using somebody who can communicate clearly, is easy to get hold off, and more importantly knows what he or she is talking about!

Though it does not always follow, it often the case that those offering discounted fees are more likely to be part of a larger practice where lawyers both trained and untrained undertake the work, and where the level of client service may not be as good as elsewhere.

Look also at firms that offer added value to their service. For example in my legal practice we offer all our clients who use us to move home the services of a one of our home moving consultants who will hold the hand of the seller or buyer from the moment of engagement all the way through to completion.  The consultant is there to answer any questions and to help with any aspect of moving whether it is in relation to the legal parts or removals, surveys and finance.

Consider also when the solicitor intends to start work.   My view, and one we apply within my practice, is that work on the sale should start as soon as the property is marketed. There is plenty that can be sorted whilst you sit and wait for an offer.  The questionnaires about your home and what you intend to leave can be completed.  The documents to prove you are the legal owner can also be sought.  The more that can be done in the early stages the quicker the solicitor will be in getting the contract for sale out of the door within hours of the receipt of an offer.  This is very important in the current climate where buyers are hard to come by and often give up on an offer if they are kept waiting too long.

Some may ask what happens about the cost of this work if the sale falls through. This is a good question and brings me to my final tip.  Before engaging a solicitor always check and get it put in writing that if for any reason the sale falls through or does not proceed, there will not be any fee raised for the work.  In other words always insist on ‘No sale, No fee’.

David Pett is a solicitor and partner of Morgan Jones and Pett and can be contacted at davidpett@m-j-p.co.uk or on 01603 877004. Morgan Jones and Pett offer legal services in connection with home sale and purchase and Re-mortgaging.  The price for the legal work involved with the sale of property starts at £299 plus VAT.  All work is offered on a ‘No sale, No fee basis’. 

100Mbps Broadband for Cheshunt, Hatfield, Pentwyn, Southport and Treforest

Cheshunt, Hatfield, Pentwyn, Southport and Treforest are now benefiting from 100Mbps broadband thanks to Virgin Media’s on-going improvement to its broadband service. It is reported in techradar.com that Virgin has now rolled out to 350,000 homes across the UK.

Jon James, executive director of broadband at Virgin Media said: "From establishing the UK's first ever broadband service to the launch of 100Mb just ten years later, Virgin Media has led the greatest developments in digital Britain.

"We've invested many billions of private money in order to build a growing network that already passes approximately 13 million homes across the UK.

"We're racing to get these ultrafast speeds across this entire area as fast as we can to meet demand."

Read more: http://www.techradar.com/news/internet/virgin-media-rolls-out-100mbps-to-150k-more-homes-923560#ixzz1C34oVFKM

Stamp Duty ‘Hike’ in April causes rush for higher value property

The rate of stamp duty is set to rise from four to five per cent on April 6, meaning that a day could make a difference on high value properties of over £10,000 in tax. It is reported today that this has brought about an increase in buyers looking to purchase homes worth in excess of 1 million. The figures published show 'properties for sale in the £1 million-plus bracket has already undergone a 39 per cent boom this month - and there are 46 per cent more in the above-£5 million category'. The expectation however is that could following April create a vacuum in the market.

At MJP Solicitors we are able to put purchasers in touch with Tax Planners to explore options on possible Stamp Duty reductions. Email Davidpett@m-j-p.co.uk for further details.

 

 
 

What do a bottle of lager and two packets of crisps have in common with moving home?

The days of popping down to your local solicitor and sorting out your Will or the legal work in connection with moving home may be numbered, if as is anticipated large national corporations, which are more readily associated with the provision of groceries, such as the likes of Tesco and Marks and Spencer, decide to take advantage of the change in law that will happen in the latter part of next year.

Unless there is any change between now, and then, October 2011 will see the full introduction of the Legal Services Act. This will allow non-lawyer type organisations to offer and compete with legal practices in the provision of certain legal services such as conveyancing and possibly Wills. In other words the platform will be present for well-established national brands to broaden the spectrum of their current offerings and to enter the market and to offer commoditised and, as is likely low cost, legal products and services.

The model already exists with the Co-Op which is very strong in the North of the Country. They already offer legal services to their members. Indeed if you pay for your groceries by debit or credit card the machine you use to pay actually asks at the point of payment whether you have any legal matters which they can help you with.

It was also recently reported that the CPP Group is in talks with Irwin Mitchell, a large northern based legal practice, about being able to offer legal services for the price of a pair of shoes! In addition the AA and SAGA have said they will offer legal services to not only their members but also to non-members.

The belief is that by opening the market to competition you, the consumer, will have greater choice, and due to the increased competition the option to 'purchase' these services at a lower cost. This was highlighted the following extract from the Office of Fair Trading's Report 2001 entitled "Competition in the Profession':

 

.Restrictions on supply in the case of professional services, just as with other goods and services, will tend to drive up costs and prices, limit access of choice and cause customers to receive poorer value for money than they would under properly competitive conditions. Such restrictions will tend also to inhibit innovation in the supply of services, again to the ultimate detriment to the public."

So what does this mean for the local solicitor and for you, the consumer?

For the solicitor offering services that can be commoditised and marketed on a low fixed cost basis, the future does not look too good. The only hope for these firms is to promote and emphasise the fact that 'cheap' is not always best.

This can be demonstrated by the fact that not all people, for example, purchase items from the 'basic' product line that Tesco and other supermarkets offer. The price of these products may appeal to certain parts of the community, but are not everybody's cup of tea. There will always remain a place for a legal practice that can offer a competitively priced service but one that is based on good and sound principles of service and reliability.

My only reservation is that even though your local solicitor may very well provide a good and reliable service, unless the solicitor has the marketing clout of Tesco or similar national corporates (which is most unlikely), it may prove difficult to compete and ensure the message is heard.

As for you, the consumer, the cost of moving home and making a will could become cheaper and more convenient to arrange, though the downside will probably mean that your work is undertaken out of the area and the access that you may currently enjoy with your local solicitor might no longer be available.

Hopefully our profession can rely on playing the 'local and service driven' card though given the increasing pressure on personal finances this could very well prove to be an uphill struggle.

Follow MJP on Twitter at www.twitter.com/mjpconveyancing and Facebook at www.facebook.com/mjpsolicitors

Doom and Gloom remains within the Housing Market

We are still witnessing a continuation of the trend of falling house prices, although the fall in supply of housing stock did go some way towards supporting prices in December. The biggest problem at present is a fall in transaction levels made worse before Christmas due to poor weather conditions. The increase in some areas of the country of demand over supply has helped to raise levels of optimism amongst certain professionals. The biggest rise in confidence levels has been in London and the South East whereas prices continue to fall within Scotland, Northern Ireland and North of England.

The lack of credit and rising unemployment seem to be the main cause of a fall in demand. Although the unemployment rate remained at 7.9%, the number of people out of work rose by 49K to almost 2.5m over the three months to the end of November. Job insecurity and with the announcement today of a fall in growth suggests that unless we see a sudden change in Government Policy it is unlikely that this snapshot of the Housing Market is unlikely to change in the immediate future.