Brought to you by our Medical Negligence Department...
Stroke happens when blood supply to the brain is cut off or reduced. The longer the blood supply is interrupted the higher the risk of brain injury, disability and death. Stroke happens very quickly, and affects all people, of all ages, including children, and is the biggest cause of disability in the UK. Early diagnosis of stroke is crucial and can make a huge difference in avoiding serious and permanent injury.
If you live with, or care for, somebody in a high-risk group, such as someone who is elderly or has diabetes or high blood pressure, being aware of the symptoms is crucial. The main stroke symptoms can be remembered with the word FAST: Face-Arms-Speech-Time.
•Face – the face may have dropped on one side; the person may not be able to smile or their mouth or eye may have drooped.
•Arms – the person with suspected stroke may not be able to lift both arms and keep them there because of arm weakness or numbness in one arm.
•Speech – their speech may be slurred or garbled, or the person may not be able to talk at all despite appearing to be awake.
•Time – it is time to dial 999 immediately if you notice any of these signs or symptoms.
Symptoms in the FAST test identify most strokes, but occasionally a stroke can cause different symptoms.
Other symptoms and signs may include:
•complete paralysis of one side of the body
•sudden loss or blurring of vision
•difficulty understanding what others are saying
•problems with balance and co-ordination
•difficulty swallowing (dysphagia)
•a sudden and very severe headache resulting in a blinding pain unlike anything experienced before
•loss of consciousness
Natural causes are not the only reason why strokes happen, sometimes mistakes by medical staff can also sometimes result in a person suffering a stroke. For example, doctors may fail to recognise the signs of stroke, may not send you for investigations promptly, or may fail to monitor patients who are on medication that could increase the risk of suffering a stroke.
Having a stroke makes you more susceptible to another one in the future, so missing the first one can lead to struggles in identifying the next.
Do you Have a Case?
Due to the catastrophic effects a stroke can have if it is misdiagnosed, missed, or inadequately treated, the compensation amounts can be significant. It not only affects the life of the person who has the stroke, but it also has a major impact on those around them.
Avoiding a stroke is not always possible and the treatment options available are fact specific. However, if you consider there was a delay in diagnosing or treating your symptoms it would be wise to seek legal advice to determine whether you might have a case for clinical negligence.
Making life more comfortable after a stroke can be difficult if you lack the funds for care, or home adaptations. If a claim is successful, part of the award can include compensation for past and future care, aids, equipment, adaptations, and accommodation which will help ease the stress on you and your family. It can give you and your family the security you need to help rebuild your lives after a stroke occurs.
Contact one of our legal advisers on 0800 999 1234 more information about how we could help you or contact us online at - https://www.mymedicalclaim.co.uk/
Posted 21st May 2020
S44 and s100 Employment Rights Act 1996 protects employees against suffering detriment and dismissal in cases involving health and safety concerns. This legislation enables employees to raise concerns connected with their work which they reasonably believe are harmful or potentially harmful to health or safety. Further, this protection will apply if the employees leaves, proposes to leave, or refuses to return to work if they reasonably believe the danger to be serious and imminent which they could not reasonably be expected to avert.
What is Detriment?
The concept of detriment is broad enough to incorporate most forms of disadvantage suffered by the employee in these circumstances, including any financial or economic disadvantage (such as being paid less, or not at all), or being subjected to disciplinary proceedings. It is possible that the protection against detriment, and dismissal, in this context may be relevant in cases where:
• an employee chooses to self-isolate in circumstances where they are not required to do so, and the employer requires them to return to work. Provided that they genuinely and reasonably believed themselves to be in imminent and serious danger which they could not reasonably have been expected to avert (perhaps as a result of the employer’s poor management of an existing infection or contamination, or because colleagues were not following recommended hygiene guidelines and the employee was in a high risk category of contracting the disease), they could potentially be protected against disciplinary action the employer might decide to take against them for being absent from work, including any pay penalty incurred as a result of staying away from work; or
• a line manager takes steps to prevent the spread of the virus at work by sending home an individual who they reasonably believed posed a risk. Provided that the steps taken were appropriate with reference to all the circumstances including, in particular, the line manager’s knowledge and the facilities and advice available to them at the time, they would likewise potentially be protected against potential disciplinary, or other disadvantageous, action in the event of a dispute relating to the steps they took
This means that an employee is entitled to leave the workplace or refuse to go into the workplace if they believe that there is a ‘’real risk of serious and imminent danger’’ which they can't avert. Danger is not confined to physical features or arrangements in the workplace, they may arise out of the acts of another employee. It is important to note that it is the opinion of the employee that counts and not the employer. The appropriateness of the employee's steps is to be judged by all the circumstances, including their knowledge and the facilities and advice available to them at the time they made the decision.
The Government has provided guidance to help employers to ensure workplaces are as safe as possible which requires them to carry out risk assessments and consult with the relevant employees. Further, employers are required to take significant measures to reduce the risks to employees in the workplace, such as social distancing, increasing the frequency of hand washing and surface cleaning, using screens or barriers to separate people from each other, staggering shifts and reducing the number of people each person has contact with by using ‘fixed teams or partnering’ (so each person works with only a few others).
However, if an employee doesn’t think that risks are being managed then they can use s44 Employment Rights Act 1996, but it is best to take legal advice beforehand and to inform the employer in writing of their decision and the basis of it. Further, it is also possible that a complaint that the workplace is unsafe could amount to a protected disclosure and so the employee would be protected against detriment and dismissal on grounds of that disclosure.
Posted 13th May 2020
A survey conducted of 1000 CEO’s and Directors of small to medium sized businesses across the UK by digital banking platform Tide, confirmed they are chasing a combined total of more than £50bn in late payments.
It is well known for clients who owe you money to want to try and delay payment; however, reaching the payment due date and not seeing any forthcoming payment can be frustrating for you as an individual and a business. As a starting point for you, we have put together some of the most common excuses for not paying invoices on time, along with some tips on how you can address them.
“We haven’t received your invoice”
There is nothing worse for you than calling your client for fulfilment of an invoice and hearing the words “I haven’t received your invoice”. It is always worth telephoning a company once an invoice has been issued, and following up with an email, to check they have received it as opposed to waiting until the invoice is overdue and then needing to take the time to chase payment.
“I never agreed to this”
Never begin work without a contract! A copy of good Terms & Conditions protects you, the business’ needs, and your livelihood. Having a copy signed by the customer is paramount if your business ends in dispute, as it shows exactly what they did agree to.
“Payment is on the way”
Always request evidence of the payment such as the method of payment, and, if paid by cheque, request the cheque number, amount, date of cheque, and the date it cleared the bank.
Bacs: always request the date of payment, amount, and evidence this has left their account, such as a screenshot of the deposit being made.
“I can’t pay until I’ve been paid”
It is important to be firm that you still expect to be paid as per your Terms & Conditions unless you are willing to agree an extension and/or agreement over a set time; you will need to consider escalating this case to our specialist team.
“I'm not paying, there's a dispute”
If a genuine dispute is highlighted but has not yet been raised already, request details to formally address your client’s concerns within your company’s complaints processes, however, make it clear once you deliver your outcome you expect your invoice to be paid in full.
“The person responsible for paying invoices is out the office.”
Firstly, confirm when this person is due back in the office and then continue chasing them on this date. If they are on holiday for the next two weeks or on sick leave for an extended period and unsure of when they will return, then companies will have an authorised person to make payments in their absence. Find out who this authorised person is to process the payment on their behalf as soon as you can.
If you are finding that you are spending more time chasing late payments than you are on building your business, then contact our team of experts to see how we can help you!
Posted 12th May 2020
Here at Joseph James Law we are extremely passionate about internal progression and development, and we are also fully supportive of apprenticeships. So, we have decided to dedicate the first post of our new Blog/News page to Eve, our apprentice who started with us last year in our Stockton office.
Over to you Eve...
I started my apprenticeship in July of 2019, to which I was welcomed into the Joseph James Law team with open arms. Being an apprentice within a law firm provides so many benefits to those who would like to progress their career within the Legal system, like myself, as it allows you to access the separate areas of law which your law firm provides, before having to make a definite choice as to which area you see yourself developing a long term career within. Inside of my time working for Joseph James Law, I have been able to learn in depth knowledge regarding the many different areas of expertise which they have to offer. The first area of law being Financial Mis-selling, an area of law which I considered myself oblivious to until beginning my time within Joseph James Law. Learning this piece of law has allowed me to understand the great interest of which I have for this field within the legal system. In addition to this, I have been able to expand my understanding into the processing and elements of the Debt Recovery area of law which I had very limited comprehension of before beginning my apprenticeship within a Solicitors.
Within the legal system, there are so many aspects of law which you could progress within and begin your career, that’s why starting my career within this field, as an apprentice, allows for me to build my knowledge and experience from the beginning. Law can demonstrate complex issues and by me learning how to deal with them throughout my apprenticeship, as well as understanding how the different pieces of legislation applies to certain circumstances, this initial intelligence will allow me to progress myself further and expand my career goals in the future. Joseph James Law has allowed me to be able to commence my vocation within the legal sector alongside being part of a fantastic team with a striking work ethic.
Thanks Eve! We are so proud of how far Eve has come on already since joining our team and we cannot wait to watch her unlock all of her potential in the future! Good Luck Eve :)
Posted 7th May 2020
I had the mis fortune to need Legal advice over an employment issue right at the start of the Covid 19 outbreak/lock down period. I had previously heard of JJL though an event that they run annually so thought why not give them a go. The service I received was excellent the whole team were attentive and explained all of the legal details in plain English. Within a week or so my issue was resolved successfully which given the current state of the country I was super impressed with. I would have no hesitation in recommending their services to anyone in need of legal advice.
I have been working with Joseph James Law for over a year now and have found each member of the team I have worked with highly knowledgeable and extremely professional. I have worked with Katarzyna for the most part and she has been very supportive, the communication between us has always been clear and timely especially when dealing with some highly sensitive issues.ML Group
Thank you for your friendly & professional service. You have been instrumental in keeping our mind at peace with employment matters, helping us with comprehensive employment handbook as well as best practices. We value your guidance on case-2-case basis and trust you as you have our interests at heart.
Thank you for your help in this matter as I have no doubt we would not have managed it on our own.Mrs C Steventon
Thank you so much to JJL for helping me through a really tough time with my employer. Without their time and legal expertise I am not sure what I would have done. They made calculated and rational decisions that assisted me get the best possible outcome.Mrs H
Andrew and his Employment team made themselves available during times most people would consider after hours and the patience they had along with the time they took to explain the details of the case were truly above and beyond what was expected. Andrew did everything in his power to ensure the pro...John F
My family and I were in need of professional legal advice regarding our late mother, Andrew Settle of JJL was professional, courteous and extremely understanding , which at the time was extremely helpful.Trevor Price
As a relatively new commercial client of JJL solicitors we have been delighted by the results that they have achieved in a short space of time. They made the set up and process of transferring our debt recovery clients simple, straightforward and hassle free.Mrs Brice
Fantastic service, I would highly recommend and would definitely use again if needed. Friendly staff, very fast response to any queries via email or phone and great advice and support was given throughout the process. Help was provided every step of the way. Nothing was too much trouble. I got the ...Victoria D