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Beware the Risks of Associate Physicians in the NHS

While the majority of healthcare professionals in the NHS are highly skilled and dedicated, there is growing concern about the role of physician associates within the NHS, and the risks they pose to patient safety.

The role of physician associates is relatively "new" in England and Wales, although the first physician associate roles were formally introduced in 2003 in the NHS.

Physician associates support doctors in the diagnosis and management of patients. They typically work in general practice in GP surgeries, but also can be found in hospital in acute medicine and emergency medicine. They often work under the supervision of fully qualified consultants and are involved in various clinical activities, including:

  • taking medical histories from patients
  • performing physical examinations
  • diagnosing illnesses
  • seeing patients with long-term chronic conditions
  • performing diagnostic and therapeutic procedures
  • analysing test results
  • developing management plans
  • providing health promotion and disease prevention advice for patients.

Physician associates undergo medical training for two years, but do not have the same level of experience and expertise as consultants. This can sometimes lead to gaps in knowledge or judgment, which can increase the likelihood of medical errors occurring.

One of the primary risks associated with associate physicians is the potential for mistakes to occur due to their limited experience and supervision. These mistakes can range from misdiagnoses and medication errors to procedural complications. In some cases, these errors can have serious consequences for patients, leading to prolonged illness, disability, or even death.

A recent high profile example occurred in 2022 when actress Emily Chesterton died after being misdiagnosed twice by a physician associate who misdiagnosed her as suffering from a sprained ankle, when in fact she had suffered a pulmonary embolism. She subsequently collapsed and sadly died.

Physician associates also face challenges in managing complex cases or identifying rare medical conditions due to their lack of experience. This can result in delays in diagnosis and treatment, which can exacerbate patients’ conditions and lead to poorer outcomes.

While it is essential to recognise the valuable role that physician associates play within the NHS, it is also crucial for patients to take precautions to minimise the risks associated with their care. Patients should feel empowered to ask questions about their treatment plans, seek second opinions if necessary, and ensure that they fully understand any medications or procedures prescribed to them by the physician associate. Additionally, healthcare institutions must prioritise adequate supervision and support for physician associates to help mitigate the risks of errors occurring, and ensuring that robust systems are in place for reviewing and addressing any adverse events that occur.

If you have suffered a poor or adverse outcome due to a physician associate and wish to have free and confidential advice, you can contact our specialist team of clinical negligence lawyers.

Interim Payments of Damages

One of the features of clinical negligence cases is the almost unavoidable amount of time they take to resolve, very often measured in years, with one or two exceptions. Take a claimant with a clinical negligence case where liability is admitted but settlement is going to take some time. That might be because, for example, expert evidence is awaited and is many months away, or the claimant is too young for the financial value to be determined with reasonable certainty and the case needs to stay ‘on ice’ for a period of time to see how injuries develop.

How then to deal with the more immediate problems of money?

If you are unable to work either because of your own injuries or because of the care needs of a loved one, financial pressures can be very significant. Perhaps there are certain items of equipment, aids or therapies that may be helpful but which are particularly expensive and beyond financial reach at present, or perhaps adapted accommodation is needed urgently. The solution in appropriate cases is an interim payment of damages. A good lawyer should recognise when an interim payment of damages may be appropriate and advise you accordingly.

What is an interim payment of damages?

In short, it is an up-front payment of part of your damages whilst the case is still ongoing. It requires your lawyer to have a reasonable idea of the minimum financial value of the case, and for a collaborative approach to be taken by a defendant, particularly if the case has not been issued in Court. If you are in the position of Court proceedings having been issued and served, then an application can be made for the Court to order an interim payment if the defendant is not prepared to agree one.

How much can you get?

As you might expect, the answer is “it depends”. The precise ins and outs of an interim payment depend on the facts and circumstances of each case, so there is no ‘one size fits all’ method of approaching it. What we can say for sure based on the law around interim payments of damages is that the amount being requested does have to be a reasonable proportion of a conservative estimate of what you are likely to receive in damages if the case were to go to trial. So in practical terms, your lawyer should take the likely range of financial values (based on the available evidence), make a decision on what is a conservative estimate within that range, and then seek a reasonable proportion of that amount.

Are there any other considerations?

Well, yes! Your lawyer should be sign-posting you for advice about the effect an interim payment of damages might have on any means-tested benefits you get (or may get in future). Depending on the size of the interim payment being proposed, it may be appropriate to recommend that you get independent financial advice about investing it. If the case is one of catastrophic injury (for example brain injury, spinal cord injury or an amputation) then it will be important to consider whether it might affect the structure of the final damages payment at the end of the case, which can be a lump sum or a mixture of lump sum and annual payment for life (called a Periodical Payment Order or ‘PPO’). In a similar vein, if the injured party doesn’t have mental capacity to manage their own financial affairs then the Court may want a professional deputy to be appointed to manage the money.

It’s a complicated but important point, and it requires a good lawyer to steer you through it. That’s where we come in, for advice please contact our specialist team or email info@lblaw.co.uk.

Carer’s Leave

New regulations will come into force on 6 April 2024 that will provide employees with the right to take up to one week of statutory unpaid carer’s leave in any 12-month period to care for, or arrange care for, dependants with long-term care needs.

A person is a "dependant" for these purposes if they:

  • Are a spouse, civil partner, child or parent of the employee.
  • Live in the same household as the employee, otherwise than by reason of being the employee's boarder, employee, lodger or tenant, or reasonably rely on the employee to provide or arrange care.

A dependant has a "long-term care need" for these purposes if any of the following apply:

  • They have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months.
  • They have a disability for the purposes of the Equality Act 2010.
  • They require care for a reason connected with their old age.

To be eligible for carer’s leave, an employee will need to provide advance notice (which need not be in writing) of the longer of (i) three days or (ii) twice the number of days as the period of leave requested. An employer may waive the notice requirement where the other requirements of the regulations have been met, however

The amount of leave is determined by the employee’s normal working pattern. For those with fixed normal working hours, a week’s leave matches the period they are usually required to work. For an employee with a variable work pattern, the calculation is based on an average of the work periods over the preceding 12-month period. If the employee has been employed for less than 52 weeks, the calculation is based on the entire period of employment; or, if the employee has been employed for less than one week, a period equal in duration to the period the employee is expected to work in that week.

Eligible employees will be able to take the leave in increments of half days or full days – which need not be consecutive – or as a single, full week.

An employer cannot require an employee to supply evidence in relation to a request for carer’s leave before granting the leave.

An employer will be permitted to postpone an employee’s leave if it considers that the business would be unduly disrupted by the absence. However, to do so, it must notify the employee as soon as reasonably practicable and not later than the earlier of seven days after the employee’s notice was given to the employer, or before the earliest day or part day requested in the employee’s notice. The employer will also need to consult with the employee and reschedule the leave to commence no later than one month after the earliest day or part day of the employee’s request.

During carer’s leave, the employee will retain the benefit of their terms and conditions of employment, except for wages / salary. The employee will also be bound by any obligations arising under those terms and conditions.

After taking carer’s leave, the employee will be entitled to return to the job in which they were employed before the absence, with the same seniority, pension rights, and not less favourable terms and conditions; and employees will be protected from being subjected to detriment or dismissal on the grounds of taking, seeking to take, or because the employer believed that the employee was likely to take, carer’s leave.

Where an employee has a contractual right to carer’s leave in addition to the statutory right, they will not be permitted to exercise both separately. Instead, the employee may take advantage of whichever right is more favourable in any particular respect.

Increase In Tribunal Compensation Limits

The government has announced the annual increase in compensation limits for employment tribunal awards and other statutory payments that, subject to parliamentary approval, will take effect from 6 April 2024.

The two key increases are:

  • maximum compensatory award for ordinary unfair dismissal: £105,707 to £115,115.
  • limit on a week’s pay: £643 to £700.

It is important to remember that the context of the above maximum compensatory award is, that the limit on compensatory awards is actually the lower of an amount equal to the employee’s basic annual salary and the stated maximum.

The limit on weekly pay is applied in a number of contexts, including basic awards for unfair dismissal, statutory redundancy pay and awards of compensation that are made due to an employee not having been issued with written particulars of employment that comply with statutory minimum requirements.

The maximum possible basic award or statutory redundancy payment will therefore increase to £21,000.

Statutory guarantee pay, which applies when an employee is laid off or subjected to short-time working, will increase from £35 to £38 per day.

Oesophageal Cancer Awareness Month: Know the Signs

February is Oesophageal Cancer Awareness Month, which is a crucial time to shine a light on an often-overlooked cancer. This is a topic close to my heart as a close family member has recently been diagnosed with oesophageal cancer and is currently embarking on their own treatment journey.

Not only this, but as a clinical negligence solicitor, I see first-hand the devastating impact delayed diagnosis and misdiagnosis can have on patients and their families. It is important for people to not only become familiar with the signs and symptoms of oesophageal cancer, but also understand their legal rights in case of medical negligence.

What is Oesophageal Cancer?

Oesophageal cancer, affecting the tube connecting the mouth to the stomach, is the eighth most common cancer globally. Despite its prevalence, awareness remains low, which hinders early diagnosis and potentially leading to poorer outcomes. Early detection is critical for improving survival rates, which currently stand at a concerning 16% five-years after diagnosis.

Know the Signs

Being aware of the symptoms of oesophageal cancer can allow you to seek prompt medical attention, potentially improving your chances of a successful diagnosis and treatment. Key signs include:

  • Difficulty swallowing (dysphagia), especially solids.
  • Heartburn and acid reflux that don't respond to medication.
  • Chest pain, often burning or squeezing.
  • Unexplained weight loss.
  • Persistent coughing or hoarseness.

One critical issue when it comes to early diagnosis is that the above symptoms can often have multiple causes, and it is therefore vital to seek the advice of your GP as soon as you suspect something is not normal for you.

Treatment

Oesophageal cancer can be treatable, but it can be difficult to treat and will depend on the size and type of cancer it is; the location (i.e. where in the oesophagus); if it has spread to nearby nodes, tissues and organs; and a person’s general health.

If your surgeon has indicated that your oesophageal cancer is potential curable, treatment usually entails chemotherapy followed by surgery, with additional chemotherapy afterwards. Sometimes instead of pre-surgical chemotherapy you may be offered radiotherapy, and sometimes you could be offered a combination of the two.

If the cancer is sadly not curable, there are targeted medicines and immunotherapy which can aid in symptom control and improve quality of life.

If you or a loved one experiences delayed or missed diagnoses of oesophageal cancer, impacting your health and wellbeing, seeking legal advice is crucial. Clinical negligence claims can help you access:

  • Compensation for pain, suffering, and loss of income.
  • Funding for ongoing medical care and rehabilitation.
  • Accountability against the healthcare providers involved.

Don't Delay, Be Proactive!

  • Educate yourself: Visit the websites of organisations like Cancer Support and Macmillan Cancer Support for comprehensive information.
  • Seek medical advice: Discuss any concerns you have with your doctor, especially if you notice any changes which are not normal for you;
  • Seek legal advice: If you suspect negligence has impacted your oesophageal cancer diagnosis or treatment, please contact Lanyon Bowdler’s specialist team of medical negligence solicitors or by emailing info@lblaw.co.uk

By raising awareness of Oesophageal Cancer Awareness Month and sharing advice and support, we can empower ourselves and our loved ones to fight for better healthcare and hold negligent parties accountable.

Is My Will Watertight?

The short answer is no. However, there are a range of options available in order to mitigate the risk of family members making a claim against your estate once you have passed away.

If someone tries to make a claim against your estate once you have passed, this would be governed by the Inheritance (Provision for Family and Dependents Act) 1975. A person can only bring a claim against the estate if they are:

  • A spouse or civil partner of the deceased;
  • A former spouse or civil partner of the deceased (that has not remarried);
  • Any person whom for two years immediately prior to the death of the deceased was living with the deceased as if they were a married couple or civil partners;
  • A child of the deceased;
  • Any person (who was not a child of the deceased) but was treated by the deceased as a child of the family;
  • Any person who immediately before the death was being maintained wholly or partially by the deceased.

When considering a claim, the court will have regard to:

  • The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
  • The financial resources and financial needs which any other applicant for an order under S.2 of the Act has or is likely to have in the foreseeable future;
  • The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
  • Any obligations and responsibilities which the deceased had towards any applicant for an order under the said S.2 or towards any beneficiary of the estate of the deceased;
  • The size and nature of the estate of the deceased;
  • Any physical or mental disability of any applicant for an order under the said S.2 or any beneficiary of the estate of the deceased;
  • Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider.

In some cases, it may be appropriate to also include a letter of wishes that will record your wishes in further detail, also explaining why you have made the specific distributions to certain people or organisations. Although this is not mandatory, it will assist in providing further evidence to the court if someone were to contest your will.

There is no guarantee that a claim will not be brought against your estate when you die however a properly drafted will can reduce the grounds on which any potential claimant could make a claim and it is therefore essential that your will is drafted correctly and concisely to reflect your true wishes.

Having a will in place is a fundamental step in ensuring your assets and wealth is distributed how you would like it to be after your death. Without a will, you will run the risk of the intestacy rules dictating how your estate will pass which could result in estranged family members far down the blood-line inheriting all or part of your estate. Please see our previous blog: Intestacy (Dying Without a Will) – What Will My Spouse/Civil Partner Get? for further information about dying intestate.

If you are concerned about a family member making a claim against your estate after you die, please get in touch with Lanyon Bowdler where our dedicated team can give you specific advice regarding your circumstances.

International Epilepsy Awareness Day

February 12 marks International Epilepsy Awareness Day. This is a day dedicated to raising global awareness about epilepsy aiming to reduce stigma, deepen understanding of the condition and management and promote support for all those effected by or living with epilepsy.

What is epilepsy?

Epilepsy is a neurological condition that can affect all ages but typically starts in childhood or in people over 60. It’s a lifelong condition that can be managed with medication to enable people to live normal lives and keep their seizures under control.

Epilepsy can also be acquired through injury to your brain from causes such as;

• a lack of oxygen during birth
• a severe head injury
• a brain infection
• a stroke
• a brain tumour

Symptoms of epilepsy

Seizures can affect people in different ways, depending on which part of the brain is involved but possible symptoms include:

• “fitting’ – that is where a person has uncontrollable jerking and shaking
• becoming stiff or rigid
• losing awareness or staring blankly into space
• odd feelings and sensations, such as a "rising" feeling in the stomach, unusual smells or tastes, or a feelings of pins and needles in the limbs
• collapsing/losing consciousness.

How to get involved?

Observing International Epilepsy Day helps bring the condition to public awareness and keeps the conversation going, contributing to meaningful discussion and helping destigmatise the condition. This is the opportunity for organisations, affected individuals, families and clinicians to come together in a meaningful way and demonstrate solidarity.

The main ways to participate are:

1. wear purple as it is the official colour observed with epilepsy awareness; and
2. share information about epilepsy, including management of seizures, condition education, signposting of symptoms and support groups will help to raise awareness and spread valuable information. There are a number of UK based support groups and associations related solely with epilepsy that have regular fundraising events to support epilepsy research, patient advocacy and specialist assistance/care programmes.
By observing International Epilepsy Day annually, we strive to keep the conversation going and help to create an inclusive and supportive society for everyone.

Can we help?

Many of our clients have had symptoms of epilepsy or diagnosis which we support them with. If you think you have suffered an injury through medical negligence, which has led to symptoms or a diagnosis of epilepsy, we may be able to assist you with a claim or sign post you to support groups. If you would like more information or wish to speak to someone in confidence, please get in touch via email: info@lblaw.co.uk

Review of World Alzheimer’s Month 2023

Defying dementia with new drugs, and neuro occupational therapy.

Each September, people unite from all corners of the world to raise awareness and to challenge the stigma that persists around Alzheimer’s disease and all types of dementia.

During World Alzheimer’s Month,  a call is sent out to everyone, from individuals to large organisations, including every Alzheimer’s and dementia association globally, to support World Alzheimer’s Month by getting involved in some way.  

Many people still wrongly believe that dementia is a part of normal ageing. This alone highlights how important public awareness campaigns, like World Alzheimer’s Month, are for changing perceptions and increasing existing public knowledge around Alzheimer’s disease and dementia.  

With the number of people living with dementia set to almost triple by 2050, it has never been more important to recognise the risk factors associated with dementia and take proactive steps towards risk reduction. As such, the 2023 campaign of Alzheimer’s Disease International ‘Never too early, never too late’ centred on the key risk factors and risk reduction, aiming to emphasise their crucial role in delaying and potentially preventing the onset of dementia. This also importantly includes ongoing risk reduction for those who have already been diagnosed.

The aim of the ‘Never too early, never too late‘ campaign was to underscore the pivotal role of identifying risk factors and adopting proactive risk reduction measures to delay, and potentially even prevent, the onset of dementia. This includes ongoing risk reduction strategies for individuals who have already received a diagnosis.

There is growing awareness that Alzheimer’s disease and other dementias can start many years prior to symptoms, likewise awareness of the lifelong brain health interventions and choices that can be made. There has never been a more urgent need to understand and respond to the risk factors associated with this condition.

During the September 2023 World Alzheimer's Month there was lots to celebrate in some of the latest research findings in preventing and managing Alzheimer’s disease.

Experts are calling it the beginning of ‘a new era’ of Alzheimer’s therapy as scientists move ever closer to discovering what causes this progressive neurodegenerative disease and, vitally, what cures it. Although words of caution are tempering the new findings (it’s still early days!) fresh seeds of hope have been sown.

Here are some of the latest discoveries...

Fabulous fungus

Diet is one of the most important weapons in the battle against Alzheimer’s disease. There is mushrooming evidence that a healthy diet can help to manage, delay or improve some Alzheimer’s symptoms, such as memory loss or cognitive difficulties, and now the mushroom itself is under the microscope of researchers investigating the impact of early dietary interventions for the progressive disease which causes damage to brain cells.

In a study published in Foods Journal, a Chinese research team reviewed literature that explored how mushrooms' bioactive properties might help delay the onset or slow the progression of Alzheimer’s.

They concluded, “Mushrooms may be a promising functional food for preventing AD. Mushrooms have many bioactive compounds that have the potential to regulate AD.”

These findings are encouraging, however, a substantial amount of research is still needed to study their optimal dose, limitations, bioavailability, the differences between chemical forms, and their possible interactions with other dietary components.

Drug discoveries

Among the fresh drug findings in the Alzheimer’s field lately, two names in particular have been making headlines - Lecanemab and Donanemab.

Both drugs have been shown to slow down the loss of memory and thinking skills in patients with early Alzheimer’s symptoms. Donanemab slowed it down by over 20%, with evidence suggesting the earlier it was taken in the disease stages, the better the outcome. Lecanemab achieved a 27% slowdown, and was also found to be effective for early-stage Alzheimer’s.

However, as with all new drug discoveries, there is much more research to be done, particularly as the most recent trials of both drugs only lasted 18 months and most participants were from a white background.

Neuro OT aid for Alzheimer’s

Neuro-occupational therapists (OTs) understand how Alzheimer’s symptoms can impact life after a diagnosis – for the individual and those who care about them. They use evidence-based occupational therapy strategies and tools that can reduce the impact of the disease on activities of daily living.

Their approach includes assessing changes in the ways the body and brain function, such as:

  • Emotions, moods, and personality 
  • Memory and thinking skills
  • Planning and problem-solving
  • Behaviour and self-image
  • Language and communication

Neuro OTs also help clients to understand more about how the disease may be impacting them and the things they can do to:

  • Improve, develop, or re-learn abilities and skills
  • Maintain independence
  • Compensate for challenges
  • Modify their environment

Whilst everyone is mindful of their physical and mental health not everyone is as mindful of the issues which may arise when their health is impacted whether that be by illness or injury. We would always recommend forward planning for these events where possible such as creating lasting powers of attorney and drafting wills, however, sometimes these are only at the forefront of your mind when you have already reached an impasse. If you are supporting a loved one who lacks capacity and you need assistance please do not hesitate to contact a member of our Court of Protection Team.

King’s Prostate Diagnosis Leads to Raised Awareness

The recent revelation of King Charles' prostate enlargement diagnosis has sparked a significant increase in searches for information on the condition. NHS website traffic saw a surge of over 16,000 visits in a day, indicating a heightened interest in understanding prostate-related disease. Despite concerns, Buckingham Palace has confirmed that the King does not have cancer, easing fears and encouraging a positive dialogue around prostate health.

Health professionals and charities have praised the King's decision to share details about his prostate problem, as it may encourage men with similar symptoms to seek medical advice. Experts believe that the public acknowledgment of the King's diagnosis will lead to more men seeking help, breaking the stigma associated with prostate problems.

Buckingham Palace has confirmed that the King is suffering from a benign enlarged prostate, emphasising that it is a common issue for men over the age of 50. Ordinarily, it does not pose a serious threat but symptoms can be troublesome and lead to treatment via medication and sometimes with surgery. Symptoms include frequent urination, weak flow, delayed flow and sometimes erection and ejaculation problems.

Prostate check-ups are usually carried out by a GP and involve a physical rectal exam, which may make people feel uncomfortable or embarrassed, but it is a very common procedure and usually lasts no more than a few seconds. Typically, a blood test is also carried out which tests for a specific blood marker – prostate-specific antigen (PSA). If a GP has any concerns, they will discuss them with the patient and then ensure that a referral is made to a urologist for further investigations.

Treatment for a benign enlarged prostate depends on how severe the symptoms are. In mild cases, usually lifestyle changes are recommended such as drinking less fizzy drinks, alcohol, and caffeine; exercising more; and limiting your intake of artificial sugars and sweeteners. In certain circumstances, mediation can be prescribed to reduce the size of the prostate and associated symptoms. Only in the more severe cases would surgery be recommended.

There is a myth that men are at an increased risk of developing prostate cancer if they have a benign enlarged prostate. Thankfully, research has proven this to be false, and there is no greater risk for men with an enlarged prostate compared to those with a normal prostate. However, the chances of developing prostate cancer increase with age, and the symptoms can be similar. It is therefore vital that patients speak to their GP about any concerns they may have, and that regular check-ups are carried out. Earlier detection and treatment can lead to better outcomes.

However, doctors are not infallible and can make mistakes when diagnosing a prostate related condition. If you have concerns that your doctor may have delayed your prostate cancer diagnosis, or if your cancer was mistakenly diagnosed as benign, our team of specialist clinical negligence solicitors can offer advice and guidance in complete confidence. Please contact us by email: info@lblaw.co.uk

All About Apprenticeships – A Year On

It does not feel like a year ago that I was writing my “All About Apprenticeships” blog, but you blink and suddenly it’s February again. The first thing that may spring to your mind is the big V word but before we get to 14 February lets discuss National Apprenticeship Week. This takes place from 5 – 11 February 2024 and is a metaphorical gold mine for those interested in becoming an apprentice, current apprentices, or employers, wishing to expand and diversify their workforce in modern and forward thinking ways.

Rewind to 2022 and I was at the start of my apprenticeship journey. Now, almost two years later, I am approaching the end of the programme and am soon to be sitting my exams and assessments. I wanted to take this opportunity to discuss how the 18 months has gone and offer some insight for anyone considering going down the apprenticeship route.

In my previous blog, I mentioned the benefits of an apprenticeship, and what they offer compared to their university counterpart. These include gaining valuable on the job experience and earning a salary whilst you work. When looked at side-by-side with each other, the apprenticeship seems to be a bit of a no brainer.

A quick Google search shows the average debt for an undergraduate university student sits at around £45,000. The average debt for a student just finishing their Level 7 apprenticeship – which is the equivalent to a master’s degree – sits at £0.00. Unless you acquire a part-time job whilst attending university, the average salary you will earn is £0.00. The average salary for an apprentice varies, ranging anywhere from £12,000 to £23,000 depending on your employer and your qualification level (as per a Google search). In addition to all of this, a survey by Universum found that 58% of leading employers value work experience among applicants more than grades or the name of their university, with a staggering 87% of employers saying they value a positive work attitude over qualifications. Choosing an apprenticeship gives you all of these benefits plus a plethora of others.

One thing I have found invaluable is being able to witness and be a part of real life litigation and experiences only found within the workplace. I had been in my role just one month before my first trip to a barristers chambers and six months before my first outing to court to attend a trial. Since then, the opportunities that have been made available to me have been non-stop, opportunities that you just cannot get or replicate within the classroom or lecture hall.

At the time of writing, there is an All About Apprenticeships (Shropshire) 2024 event scheduled to take place on 6 February 2024 at Shrewsbury Town Football Club. This will run from 14:00 – 19:00 and it is free to attend. As like last year, Lanyon Bowdler will have a stand and multiple apprentices will be present throughout the day accompanied by a member of our Marketing Team, they will be happy to answer any queries you may have.

You can use the links below to find out more information regarding the event and you can access my previous blog for further information.

All About Apprenticeships (Shropshire) 2024: Eventbrite Page

My previous blog: All About Apprenticeships

Panorama- A Spotlight On Gloucestershire Maternity: What Can We Expect?

On Monday 29 January 2024, Panorama will air an episode focusing on the failings in maternity care at a Trust in Gloucestershire.

The Care Quality Commission has said that maternity services at the Trust are inadequate and Panorama has calculated that maternal deaths are almost double the national average.

A week away from broadcast, we predict that the revelations made will shake the local community, as it did in Shropshire when Panorama shone a light on heartbreakingly similar circumstances.

As the lead law firm supporting families impacted by the Shropshire maternity scandal, we know how hard it is for families to process the sheer magnitude of failings identified and to know where to turn if they think they may have fallen victim. What we have also seen with Shropshire is that the failures were longstanding, meaning that there are families who suffered decades ago who are still looking for answers, or even worse, blaming themselves.

Significant changes are needed in maternity services nationally and the NHS has already been given a blueprint for a journey towards better, safer, more compassionate maternity services. Whilst some progress has been made, not enough has been done. The litigation and police investigations that follow explosive programmes like Panorama are incredibly difficult for families.

We are proud of the work we have done to date for the Shropshire families across both our Shrewsbury and Hereford offices and will be on hand to offer free initial advice to the families impacted in Gloucestershire. Please visit lblaw.co.uk for further advice and one of our specialist solicitors will be in touch.

Private Client – Myth-busting

In many cases, clients have preconceived ideas about the law. This is especially the case when it comes to planning for the future. Some may hear a story about a friend or a family member’s situation and think the same applies to them, when this is not always the case.

Below, some of the most common misconceptions are addressed.

“If I don’t have a will, everything will pass to my spouse anyway”

If you are married (or in a civil partnership) and do not have a will, the intestacy rules dictate how your estate will pass.

If you are married and do not have any children, grandchildren or great grandchildren, your whole estate will pass to your spouse.

If you are married and do have any of the above, the first £322,000 of your estate will pass to your spouse, along with your personal possessions. If the value of your estate exceeds this amount, the rest of the estate will be divided into two. One part will pass to your spouse and the other amongst any children.

“If I need to go into a care home, the council will sell my home to pay the care fees”

In England & Wales, the local authorities are required to carry out a financial assessment to determine whether someone is eligible for support towards the payment of care fees. The assessment will consider an individual’s income and assets, which includes a share in any property or land.

In Wales, if you have capital above £50,000 you will be required to pay for all of your own care fees. In England, the cap is £23,250.

The local authority can include the value of your home as an asset when calculating your ability to pay for care. However, some exemptions apply and there may be circumstances where the property is disregarded from the financial assessment.
In circumstances when the property is included in the financial assessment and funds are required to pay for your care, the local authority would not force the home to be sold during your lifetime and can enter into a deferred payment scheme.

“If I have a will, my family will not need a grant of probate”

This is not true.

Your family will need to obtain a grant of probate if the estate includes property or land.

A grant of probate may also be required by other asset holders such as banks, building societies, share registrars and more. Whether a grant of probate is necessary depends on their requirements, which is usually linked to the value of the asset.

“I don’t need a lasting power of attorney, my spouse or children can look after my affairs if I lose capacity”

Unfortunately, our loved ones do not have an immediate right to deal with our affairs on our behalf if we are unable to deal with them ourselves.

Having a lasting power of attorney for both property & financial affairs and health & welfare is therefore very important. In the absence of such documents, many decisions relating to your finances and health could be delayed until the court have approved them as an appropriate person to deal with your affairs.

For more information please contact one of the experts in our Private Client Team.

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