December 01, 2011
CLEAVAGE SPARING MASTECTOMIES – FURTHER PROGRESS
NICOLA LEWIS, ASSOCIATE
The Heart of England Foundation Trust has agreed to admit various aspects of the legal issues that arise from a claim for compensation, when the medical notes indicate that a cleavage sparing mastectomy has been completed. This ensures that soon after first contact with the Trust, we are able to advise a lady at a very early stage as to whether or not the Trust are admitting liability or not.
“This makes things much easier, as we can concentrate our efforts and focus on relevant issues, rather than investigating matters that in these cases, are fairly straightforward. This approach will go some way in ensuring that justice is achieved efficiently and effectively,” Nicola Lewis, Head of Clinical Negligence, said.
Nicola is acting for many ladies who have been treated by Mr Paterson. She is happy to speak to any lady affected by these issues free of charge. With offices in Walsall, Brierley Hill, Tipton, Worcester, Dudley and Kingswinford, Waldrons also offer home visits where appropriate.
Nicola Lewis, Associate | Medical Negligence
n.lewis@waldrons.co.uk
Wychbury Court
Two Woods Lane
Merry Hill DY5 1TA
Tel: 01384 811811
SPAM CLAIMS TEXT MESSAGES
DAWN CASH, SOLICITOR
We have all received text messages which start along the lines of .......” our records show that you are entitled to the sum of £3,750 for the recent injury....” and I expect you have wondered how on earth they have your number or they know of your accident? Members of the Personal Injury Team at Waldrons have also received them, several times over.
The Information Commissioner’s Office (“IFO”) launched an investigation earlier this year to crack down on the illegal use of unsolicited spam text messages to collect sales leads from unsuspecting members of the public. Regulations are in place to prevent organisations from sending unsolicited text messages and the IFO has the power to impose fines against such organisations, although to date though, no fines have been issued.
It seems that 8 million unsolicited text messages are sent every day to the public offering anything from compensation to loans. These spam text messages can be sent to hundreds of phones at a time and the majority of them come from unregistered pay as you go sim cards. The likelihood of identifying who is sending them is becoming increasingly unlikely.
However, the task in front of the IFO is massive and since the beginning of the year, only one search warrant has been issued although there are plans to carry out more. Whether this prevents the irritating text messages, remains to be seen.
Dawn Cash, Solicitor | Personal Injury
d.cash@waldrons.co.uk
Wychbury Court
Two Woods Lane
Merry Hill, DY5 1TA
Tel: 01384 811811
CASE REPORTS:
Medical Negligence:
NEGLIGENT ‘CLEAVAGE SPARING’ MASTECTOMY COMPLETED BY MR PATERSON FOLLOWING DEVELOPMENT OF BREAST CANCER
The Claimant was 69 years old when, in August 2008, she was diagnosed as suffering from breast cancer and underwent what she thought was a full right-sided mastectomy. The operation was conducted by Mr Paterson at the Solihull Hospital in Birmingham.
In April 2010, she received a letter from the Medical Director at the Heart of England and NHS Foundation Trust, inviting her to a review meeting on 21st April 2010.
At the review meeting, she was informed that Mr Paterson had carried out a non-approved ‘Cleavage Sparing’ mastectomy, and that breast tissue had been wrongly left behind. The remaining tissue meant that the Claimant was still at risk of developing breast cancer, so she was offered regular monitoring and mammograms, or a further operation which would be a full mastectomy, to remove the remaining breast tissue.
Although she chose to have the mastectomy completed in July 2010, the Claimant remained upset and anxious about the treatment and care of her breast cancer. The Claimant received £20,000 compensation for what she had been through.
Personal Injury:
DOG BITE
Julia Cinnamond acted for a Client who was a visitor at a colleague’s house when an unprovoked attack occurred by a Staffordshire Bull Terrier.
The Client sustained a facial laceration which necessitated hospital treatment. The open wound was cleaned of foreign and dead contaminated tissue and he had 8 stitches in the side of his face, under local anaesthetic. He suffered pain for 3 weeks, had difficulty eating and had to take time off work.
He was examined by a Consultant Plastic Surgeon, who confirmed that the red, pale, raised and irregular scar, measuring 20 x 16 mm at the centre point of the left jaw line would remain permanent, although it would fade.
Consequently, the Client is now wary of dogs and self conscious of his scar, which remains irritable and tender and visible at conversational distance.
He was awarded compensation of £5,500.
