Medical Negligence Matters

A “secondary victim” is someone who suffers psychiatric injury after witnessing a traumatic event affecting a person close to them. But can secondary victims make a claim in medical negligence cases? In Series 3, Episode 4 of Medical Negligence Matters, Gillian Gadsby talks to Tami Frankel about the inconsistent history around secondary victim claims in medical negligence, and how the Supreme Court’s Ruling in Paul vs Royal Wolverhampton NHS Trust changed the landscape for these types of claims. They also explain why a doctor’s duty of care does not extend beyond their patient, the differences in secondary victim claims for medical negligence and personal injury cases, and more in this compelling episode. In this video, we cover: 0:00 - Introduction 1:02 - What is a secondary victim in medical negligence claims? 2:26 - The Alcock Test for secondary victims 3:29 - The subjectivity and inconsistency of testing secondary victim claims 5:41 - Paul v Royal Wolverhampton NHS Trust 8:09 - Secondary victims in medical negligence vs personal injury cases 9:12 - A doctor’s duty of care does not extend beyond their patient 11:23 - Secondary victim cases related to birth injury claims 12:32 - What can secondary victims do in fatal medical negligence cases? 13:43 - Compensation in fatal medical negligence claims – – – In this episode, you’ll discover: Who is classified as a secondary victim in legal claims Why determining secondary victims in the past was often subjective and inconsistent How the ruling of Paul vs Royal Wolverhampton NHS Trust closed the door on secondary victim claims in medical negligence – and whether this is fair The different hurdles of making secondary victims in medical negligence vs personal injury cases Why a doctor’s duty of care does not extend beyond their patient What secondary victims do in fatal medical negligence cases And much, much more. Liked this episode? Remember to subscribe, hit the like button, and share this with your friends and loved ones! – – – Medical Negligence Matters is the podcast that guides you through the complexities of medical negligence law. Hosted by Gillian Gadsby, Managing Partner at Gadsby Wicks and a solicitor with over 35 years of specialist experience, this podcast covers everything you need to know about the unique, sensitive world of medical negligence. If you liked this video, you can find more episodes of Medical Negligence Matters right now on YouTube, Spotify and Apple Podcasts! Spotify: https://open.spotify.com/show/7i5R5R8HmA2hOIKDF8aCxf Apple Podcasts: https://podcasts.apple.com/gb/podcast/medical-negligence-matters/id1739788044 If you believe you have been impacted by medical negligence, speak to our expert team for advice on making a claim. Visit our website at https://www.gadsbywicks.co.uk or call us on 01245 494929.

Sometimes it is necessary to make a medical negligence claim on someone else’s behalf, maybe because they are a child or lack mental capacity. So how does that process work? In Series 3, Episode 3 of Medical Negligence Matters, Gillian Gadsby speaks with friend and fellow Partner at Gadsby Wicks, Tami Frankel, to explain who a Litigation Friend is and the challenges associated with claiming on someone’s behalf. They also explore how the Court ensures that settlements are fair in these instances and the value of specialist expertise in guiding Litigation Friends through this challenging process. In this video, we cover: 0:00 - Introduction 1:07 - When can you make a medical negligence claim on someone’s behalf? 2:02 - Who is a Litigation Friend? 3:14 - Does the claims process change when acting on someone’s behalf? 5:26 - Helping parents whose children are medical negligence claimants 8:21 - The Court settles medical negligence claims involving protected parties 10:00 - The Court of Protection and Deputies in medical negligence claims 11:29 - Medical negligence claims where the claimant has died 13:01 - The role of specialist advice in managing claims on others’ behalf – – – In this episode, you’ll discover: The scenarios where someone will need to make a claim on someone else’s behalf Who a Litigation Friend is and who can take on this role How the medical negligence claims process changes for Litigation Friends Why the Court must approve any settlement when the claimant is a protected party The role of the Court of Protection in supporting claimants who lack mental capacity How to make a medical negligence claim when the claimant has died And much, much more. Liked this episode? Remember to subscribe, hit the like button, and share this with your friends and loved ones! – – – Medical Negligence Matters is the podcast that guides you through the complexities of medical negligence law. Hosted by Gillian Gadsby, Managing Partner at Gadsby Wicks and a solicitor with over 35 years of specialist experience, this podcast covers everything you need to know about the unique, sensitive world of medical negligence. If you liked this video, you can find more episodes of Medical Negligence Matters right now on YouTube, Spotify and Apple Podcasts! Spotify: https://open.spotify.com/show/7i5R5R8HmA2hOIKDF8aCxf Apple Podcasts: https://podcasts.apple.com/gb/podcast/medical-negligence-matters/id1739788044 If you believe you have been impacted by medical negligence, speak to our expert team for advice on making a claim. Visit our website at https://www.gadsbywicks.co.uk or call us on 01245 494929.

Compensation is the most tangible and critical outcome of any medical negligence claim. But how does medical negligence compensation work, how is it calculated, and is it the “lottery win” that many assume it is? In Series 3, Episode 2 of Medical Negligence Matters, Gillian Gadsby is joined by her friend and fellow Gadsby Wicks Partner, Tami Frankel, to break down exactly how medical negligence compensation is calculated and recovered by claimants. From explaining the differences between General Damages and Special Damages, to the importance of solid financial advice to help someone manage the compensation they receive. Gillian and Tami answer the most pressing questions about medical negligence compensation and expose why it isn’t the windfall that many claim it is. In this video, we cover: 0:00 - Introduction 1:03 - What are General Damages in medical negligence compensation? 2:34 - How is the value of General Damages determined? 3:52 - What are Special Damages in medical negligence compensation? 5:00 - Can you claim compensation for “free” care and services? 6:06 - How is medical negligence compensation paid to the claimant? 9:14 - Who ensures that medical negligence compensation is spent correctly? 10:25 - Financial advice for managing medical negligence compensation 11:36 - How does compensation impact means-tested benefits? 12:20 - Why medical negligence compensation is not a lottery win 14:42 - Can you claim for more compensation in the future? – – – In this episode, you’ll discover: What General Damages and Special Damages mean in medical negligence compensation How services, care or aids don’t need a “receipt” to be included in compensation How claimants receive their compensation and who ensures that it’s spent correctly Why financial advice is so important to help people manage their compensation award Why medical negligence compensation is not the equivalent of a lottery win And much, much more. Liked this episode? Remember to subscribe, hit the like button, and share this with your friends and loved ones! – – – Medical Negligence Matters is the podcast that guides you through the complexities of medical negligence law. Hosted by Gillian Gadsby, Managing Partner at Gadsby Wicks and a solicitor with over 35 years of specialist experience, this podcast covers everything you need to know about the unique, sensitive world of medical negligence. If you liked this video, you can find more episodes of Medical Negligence Matters right now on YouTube, Spotify and Apple Podcasts! Spotify: https://open.spotify.com/show/7i5R5R8HmA2hOIKDF8aCxf Apple Podcasts: https://podcasts.apple.com/gb/podcast/medical-negligence-matters/id1739788044 If you believe you have been impacted by medical negligence, speak to our expert team for advice on making a claim. Visit our website at https://www.gadsbywicks.co.uk or call us on 01245 494929.

Discover the interesting story behind the leading medical negligence law firm in Essex and East Anglia. In Series 3, Episode 1 of Medical Negligence Matters, Gillian Gadsby sits down with Tami Frankel to discuss the history, values and purpose of Gadsby Wicks. From its humble beginnings in 1993 and the challenges of specialising in clinical negligence, to the expertise, processes and results that made Gadsby Wicks one of the most reputable teams in the country. Gillian and Tami explore the firm’s story and why they have found success as the medical negligence specialists. In this video, we cover: 0:00 - Introduction 1:12 - The challenge of practising clinical negligence in larger firms 3:10 - The early origins of Gadsby Wicks Solicitors 5:14 - Creating the right environment for medical negligence work 7:36 - A dedicated medical negligence lawyer for every client 8:24 - The importance of working with clinical negligence specialists 10:39 - A team of highly trained medical negligence experts 11:33 - Always look for accredited medical negligence solicitors 12:54 - Working with medical experts in a negligence claim 13:45 - How has medical negligence law changed since Gadsby Wicks formed? 16:04 - The growing focus on clinical negligence litigation costs 18:16 - The core values behind Gadsby Wicks – – – In this episode, you’ll discover: The story behind Gadsby Wicks’ formation and growth over the last 32+ years The challenges that Gillian Gadsby faced in the early years of Gadsby Wicks How Gadsby Wicks built the perfect environment for clinical negligence work Why it’s so important to have a specialist solicitor for your medical negligence claim How medical negligence law has evolved since Gadsby Wicks formed The new challenges surrounding the cost of clinical negligence claims And much, much more. Liked this episode? Remember to subscribe, hit the like button, and share this with your friends and loved ones! – – – Medical Negligence Matters is the podcast that guides you through the complexities of medical negligence law. Hosted by Gillian Gadsby, Managing Partner at Gadsby Wicks and a solicitor with over 35 years of specialist experience, this podcast covers everything you need to know about the unique, sensitive world of medical negligence. If you liked this video, you can find more episodes of Medical Negligence Matters right now on YouTube, Spotify and Apple Podcasts! Spotify: https://open.spotify.com/show/7i5R5R8HmA2hOIKDF8aCxf Apple Podcasts: https://podcasts.apple.com/gb/podcast/medical-negligence-matters/id1739788044 If you believe you have been impacted by medical negligence, speak to our expert team for advice on making a claim. Visit our website at https://www.gadsbywicks.co.uk or call us on 01245 494929.