Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Threshold Imperative in Duty of Candour Proposals

In response to proposals published by the Scottish Government, currently subject to consultation, on imposing a ‘duty of candour’ for healthcare providers, the Association of Personal Injury Lawyers (APIL) has urged doctors and other medical staff to be upfront and honest in regards to any medical errors. However, the group also warns that divulging all information in regards to near misses may be “too burdensome” for healthcare workers and may damage the reputation of the NHS.

If the move is approved in the Scottish parliament, it will mean that healthcare staff and those working in social services will be legally obliged to tell families when a patient has been harmed as a result of medical negligence.

Consultation Launched

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Scope of cosmetic surgery reviews

The Department of Health has published the terms of reference for two reviews established following the recent concerns about PIP implants.

The first review, led by Lord Howe, the Minister for Quality, will establish what happened in the UK when the MHRA and Department of Health learnt about the situation with PiP implants in France. Lord Howe will submit a report to the Health Secretary by the end of March.

The second review will be led by Professor Sir Bruce Keogh, the NHS Medical Director, and will look at whether the cosmetic surgery industry needs to be more effectively regulated. This review will take around a year to complete given the complexities of the issues. He will aim to give a report to the Health Secretary by March 2013.

In particular, it will look at:

  • whether the regulation of the products used in cosmetic interventions is appropriate;
  • how best to assure patients and consumers that the people who carry out procedures have the skills to do so;
  • how to ensure that the organisations which deliver such procedures have the clinical governance systems to assure the care and welfare of people who use their services;
  • how to ensure that people considering such interventions are given the information, advice and time for reflection to make an informed choice;
  • whether there should be a statutory requirement for such organisations to offer redress in the event of harm, and if so how this could be funded;
  • what improvements are needed in systems for reporting patient outcomes, including adverse events, for central analysis and surveillance.


The review will consider issues of governance, data quality, record keeping and surveillance, as well as ensuring that sufficient information is provided to secure patients’ informed consent. It will include consideration of the feasibility of an outcomes-based register of commonly implanted devices.

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Damages awarded for birth-related injury

A 15-year-old boy has been awarded £6.5 million to meet the costs of his care requirements after a hospital error led to him suffering severe brain damage shortly after birth, reports the BBC.

Ewan Waker was sent home from hospital by midwives at Harold Wood Hospital in Havering, despite blood tests revealing that he had very low blood sugar levels. The severity of his condition was only picked up when a community midwife visited him and his mother at home.

The error led to Ewan suffering severe brain damage and needing specialist care for the rest of his life.

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