The Scottish Government is consulting on imposing a “duty of candour” for healthcare providers. In its response to the consultation, the Association of Personal Injury Lawyers (APIL), a not-for-profit organisation which campaigns for the rights of injured people, has emphasised the need for medical and social care staff to be forthcoming and open about medical mistakes. Marie Morrison and Peter Brash of Grigor & Young / Moray Claims are members of APIL and accredited as Senior Litigators by APIL. Grigor & Young’s Elgin Office has corporate accreditation from APIL. An apology would often be enough The experience of most solicitors who deal with claims for medical negligence is that the majority of people who are injured as a result of a medical blunder simply want a clear explanation of what went wrong and what happened. The injured person wants to know that any lessons which could have been learned from the experience have been learned and will be put into practice for the Continue Reading
Do I Have To Use The Solicitor My Insurer Tells Me To Use?
We have blogged previously about Legal Expenses Insurance (LEI). If you have LEI and approach your insurer for cover under the policy to make, for example, a personal injury claim, you may find the insurance company saying that they have the right to appoint a solicitor of their choice to act for you. We often get asked the question: "Do I have to use the solicitor my insurer tells me to use?" The true position is that you do not have to go with their choice. Right to appoint own solicitor for proceedings It’s not entirely simple but under Regulations dating from 1990 (the Insurance Companies (Legal Expenses Insurance) Regulations) you have the right to select the solicitor who will be appointed in respect of any proceedings. Of course, the normal procedure with a claim is that your solicitor will intimate it by letter first of all and, in many cases, the claim can be negotiated to a successful conclusion without the need for a court action – in other words, without the Continue Reading
Protection From Harassment
During a 2009 dispute which arose between an English solicitor and the firm which formerly employed him, through the content of a series of letters and court documents, the firm attacked the solicitor in several ways. The allegations included: "serious conflict and conduct issues on your part ...” “you have intentionally taken instructions in this matter … because of your personal vendetta with the firm ... “ “you have been poaching and inciting clients of the firm belonging to a particular community to initiate malicious complaints before third parties." So, the issues raised included his professionalism, motives and honesty. Separately, they even questioned his marital status, accusing him of bigamy. Everyone makes mistakes but … As a solicitor, it is unpleasant when another solicitor criticises you for some reason. We all make mistakes from time to time. In a different league, however, is criticism which questions your integrity or character. Having said Continue Reading
Testimonial – DM Elgin
"I was driving on the A96 near Elgin and waiting to turn right into a side road. I was struck from behind by another car which was travelling in the same direction as me and failed to see my stationary vehicle. The speed of impact was probably about 50mph. My car was shunted forward for several metres. I suffered a whiplash injury. My main concern was what the costs would be in pursuing such a claim. After I spoke to you, I was reassured. I got a clear explanation of the process and the potential costs. It was very helpful to me being able to carry out nearly all matters by email after the initial face to face meeting. Other benefits of your service included: the fact that you are local to me; it was a personal service – I dealt with Peter Brash throughout the claim; and the fact I was constantly updated as the process evolved." DM, Elgin, Moray Continue Reading