Practice Area Archives

Guide to medical negligence in skin cancer cases

Posted on 7 February 202423 March 2025 by Sarah O'Sullivan

One of the most devastating experiences anyone can go through is the diagnosis of cancer. Although there are many forms of cancer, delayed diagnosis or negligent treatment of skin cancer can have significant consequences.

This article aims to provide an in-depth understanding of medical negligence in the context of skin cancer, emphasising the importance of prompt diagnosis and appropriate treatment.

Definition of skin cancer

Skin cancer is a medical condition categorised by the uncontrolled growth of abnormal skin cells. It generally develops in skin areas exposed to the sun but can also manifest in places that are not ordinarily exposed to sunlight.

Skin cancer is one of the most common types of cancer globally and is the fifth most common cancer in the UK, with about 16,200 new cases each year, so understanding its types is crucial for awareness and early detection.

The three most common forms of skin cancer are basal cell carcinoma, squamous cell carcinoma, and melanoma.

Basal Cell Carcinoma (BCC)

Description: Basal cell carcinoma is the most common and least aggressive form of skin cancer. It arises from the basal cells, which are in the deepest layer of the epidermis (the outer layer of the skin).
Appearance: BCCs often appear as a change in the skin and are slow growing. They might look like a pearly or waxy bump, a flat, flesh-coloured or brown scar-like lesion, or a bleeding or scabbing sore that heals and returns.
Common Locations: Typically develops in areas frequently exposed to the sun, such as the face, ears, neck, scalp, shoulders, and back. Those with fair skin who burn easily are most at risk of suffering from BCC.
Treatment: Treatment options include surgical removal, topical treatments, radiation therapy, and in some cases, photodynamic therapy, or laser surgery. BCC’s are generally not considered life threatening, but can return if not adequately treated.

Squamous Cell Carcinoma (SCC)

Description: Squamous cell carcinoma is the second most common form of skin cancer. It originates from the squamous cells that make up the middle and outer layers of the skin.
Appearance: SCC can appear as a red firm bump, a scaly patch, or a sore that heals and then reopens. It can become more aggressive than BCC if not treated.
Common Locations: Often found on areas of the body damaged by UV radiation from the sun or tanning beds, including the rim of the ear, face, neck, arms, chest, and back, but can occur on other parts of the body. Immunosuppressed individuals are particularly at risk of developing SCC.
Treatment: Early-stage SCC can often be treated with minor surgery or sometimes with topical medications. More advanced cases may require more extensive surgical procedures, radiation, or chemotherapy. If found and treated early, SCC can be cured.

Melanoma

Description: Melanoma is the most dangerous form of skin cancer. It develops in the melanocytes, which are the cells that produce melanin, the pigment that gives skin its color. According to a study performed by Brighten and Sussex Medical School in 2021, incidence rates of skin cancer (cutaneous malignant melanoma) have increased more than 550% in males and 250% in females since the early 1980s in England.
Appearance: Melanomas can occur anywhere on the body, not only in areas exposed to the sun. They are characterized by the appearance of a new mole or a change in an existing mole, which follow the ABCDE rule (Asymmetry, Border, Color, Diameter, Evolving).
Common Locations: Can develop anywhere on the body, including less exposed areas such as the soles of the feet, palms, and under the nails.
Treatment: Treatment will first involve surgical removal of the affected tissue. Then, depending on the stage and location, further treatment may be offered such as pharmacological immunotherapy, targeted therapy such as chemotherapy or radiation therapy.

Causes and symptoms of skin cancer

Ultraviolet radiation from sunlight or tanning beds is the primary cause of skin cancer. Factors such as age, skin type, number of moles on the body, and family history of skin cancer can also increase the risk. Immunosuppressed individuals are also at higher risk of developing skin cancer. Symptoms may include new skin growths, changes in existing moles, and skin sores that do not heal.

Diagnosis of skin cancer

The importance of a timely and accurate diagnosis cannot be overstated when it comes to managing skin cancer effectively. Typically, a medical professional, well-versed in the field, will conduct a thorough physical examination. This will usually be a GP or a dermatologist. Further tests can include examination under a dermatoscope, or an excision biopsy, which is where a portion of the affected tissue is surgically removed, under local anesthetic, and sent to a lab for testing. The significance of an accurate diagnosis is paramount, as any delay or error in diagnosis can lead to the cancer spreading. If cancer spreads, it becomes more challenging to treat, which can result in more extensive and invasive treatment.

Treatment of skin cancer

The treatment options for skin cancer depend on the type, stage, and location of the cancer, as well as the patient’s overall health. Surgery is the most common treatment method, usually under local anaesthetic. However, other treatments, such as chemotherapy, radiation therapy, or immunotherapy, may also be used.

Types of skin cancer claims

Skin cancer claims can range from misdiagnosis claims where a patient was wrongly diagnosed with a different illness, to negligent treatment claims where the prescribed treatment was incorrect or inadequate for the patient’s condition. Regardless of the type of claim, it is essential to establish that the negligence directly caused or contributed to the patient’s harm.

What constitutes medical negligence?

Medical negligence refers to a breach of duty of care by a healthcare professional, which causes harm to a patient. In the context of skin cancer, negligence can occur in various forms – from delayed or incorrect diagnosis to inappropriate or substandard treatment. Such negligence can adversely affect the patient’s health and prognosis.

Making a claim for medical negligence

Bringing a medical negligence claim can be daunting, especially when dealing with a serious condition like skin cancer. However, with the right legal guidance, the process can be managed effectively. The claim process involves establishing the negligence with the help of independent medicolegal experts, determining the extent of harm, and calculating the compensation.

What to expect in a skin cancer compensation claim

Compensation in skin cancer negligence cases can help cover treatment costs, loss of earnings, and other expenses incurred due to the negligence. It can also assist with therapy or counselling required to cope with the emotional distress caused by negligence.

Choosing the right solicitor for your claim

Choosing a solicitor with expertise in medical negligence cases, particularly skin cancer cases, can significantly influence the outcome of your claim. They can provide the necessary legal advice, help gather evidence, and negotiate with the defendant on your behalf.

No win no fee skin cancer claims

Many solicitors offer a ‘no win no fee’ service, which means you only pay a fee if your claim is successful and is often deducted from your compensation. This arrangement, also known as a Conditional Fee Agreement, makes legal support more accessible to those who might otherwise struggle to afford it.

Support for skin cancer patients

Several organisations provide support and resources for skin cancer patients and their families. These include Cancer Research UK, Macmillan Skin Cancer Support, and the NHS Cancer Support Services. These services offer vital help and advice, from understanding your diagnosis and treatment options to coping with the emotional impact of cancer.

How Tees can help

Medical negligence in skin cancer cases can have significant consequences, potentially transforming a treatable condition into a life-threatening one. If you or a loved one have suffered due to such negligence, it’s important to understand your legal rights and consider seeking compensation. With the right legal guidance, you can navigate through this challenging journey and secure the justice and compensation you deserve.

Our No Win, No Fee arrangement ensures you don’t pay any legal or associated costs unless your case is successful. If you win, most of your legal costs are paid by the Defendant. A small portion of your compensation may be used to cover legal costs not paid by the Defendant. The majority of our clients choose this option for peace of mind and affordability.

If you have recently been diagnosed with skin cancer, and have concerns about the care provided, please talk to us. Our specialist solicitors will listen and help you find the best way to move forward.

Understanding uterine sarcoma and instances of medical negligence

Posted on 6 February 202423 March 2025 by Sarah O'Sullivan

Uterine sarcoma is a rare form of cancer that affects the uterus or its supporting tissues. It is a complicated disease to diagnose, and when not detected early, can have severe consequences.

In certain instances, it has been observed that medical negligence has led to a delayed diagnosis of uterine sarcoma. This article aims to help you understand uterine sarcoma, the importance of early diagnosis, and how medical negligence can occur in this context.

What is uterine sarcoma?

Uterine sarcoma is a malignant condition where cancerous cells form in the muscles of the uterus or other supporting tissues. This disease is different from endometrial cancer, which originates in the inner lining of the uterus. Uterine sarcoma is a rare kind of cancer that forms in the uterine muscles or the tissues that support the uterus. There are several subtypes of uterine sarcoma and they are categorized based on the specific type of cells affected. The main types of uterine sarcoma are:

Leiomyosarcoma: This is the most common type of uterine sarcoma and it originates in the smooth muscle cells of the uterus. Leiomyosarcomas are often aggressive and tend to spread to other parts of the body.
Endometrial Stromal Sarcoma (ESS): ESS develops in the connective tissue (stroma) that supports the endometrium, the lining of the uterus. This type of sarcoma is less common than leiomyosarcoma and generally has a better prognosis.
Undifferentiated sarcoma: This is a rare and aggressive type of uterine sarcoma where the cancer cells do not resemble normal uterine tissue. It is often diagnosed at an advanced stage and can be challenging to treat.
Adenosarcoma: Adenosarcoma is a rare form of uterine sarcoma that consists of both malignant (cancerous) and benign (non-cancerous) components. It typically arises in the lining of the uterus and may have a better prognosis compared to some other uterine sarcomas.

Uterine sarcoma is distinct from the more common uterine cancers, such as endometrial cancer, which arises from the lining of the uterus.

Risk Factors and Signs

The onset of uterine sarcoma can be influenced by several factors. One of the most significant risk factors includes past treatment with radiation therapy to the pelvis. Furthermore, it has been noted that the use of tamoxifen for breast cancer treatment can also increase the risk of developing uterine sarcoma. A rapidly growing uterine fibroid in a peri-menopausal or postmenopausal woman should raise suspicion of sarcoma.

Patients with uterine sarcoma may experience:

Abnormal vaginal bleeding, especially postmenopausal or irregular bleeding between periods.
Pelvic pain or discomfort: persistent pelvic pain or discomfort may occur, although it is a nonspecific symptom and can be caused by various conditions.
A feeling of fullness or pressure in the pelvic area: this can occur due to the presence of a tumour affecting the uterus or surrounding tissues.
Abdominal or pelvic mass: uterine sarcomas can cause the uterus to become larger than usual, leading to a noticeable abdominal or pelvic mass.
Changes in bowel or bladder habits: in some cases, uterine sarcoma can cause changes in bowel or bladder habits, such as constipation or increased frequency of urination if the tumour presses against nearby organs.
Painful intercourse
Backache or leg swelling: in some cases, uterine sarcoma may spread to nearby tissues and organs, causing symptoms such as back pain or leg swelling.

These signs and symptoms, however, can be caused by various other gynecological conditions. Therefore, it is essential to consult a doctor if any such conditions are encountered.

Diagnosis of uterine sarcoma

Diagnosing uterine sarcoma involves several tests and procedures. A health history check and a general physical and pelvic examination are typically the first steps.

Other diagnostic tests include a pelvic and transvaginal ultrasound exam, followed by pelvic MRI. An endometrial or transvaginal biopsy can be attempted. If the results of an endometrial biopsy are not clear, a Dilatation and curettage (D&C), where tissue samples are removed from the inner lining of the uterus is usually done. A hysteroscopy (a procedure used to examine the vagina, uterus, fallopian tubes, and bladder) can also be helpful. However, diagnosis is often reached after a surgical specimen.

Stages of uterine sarcoma

Once a diagnosis is confirmed, the stage of the cancer is determined. The stage of the disease is crucial in determining the treatment plan. The stages of uterine sarcoma are:

Stage I: Cancer is found in the uterus only.
Stage II: Cancer has spread beyond the uterus but has not spread beyond the pelvis.
Stage III: Cancer has spread into tissues in the abdomen.
Stage IV: Cancer has spread beyond the pelvis.

Treatment options for uterine sarcoma

Treatment for uterine sarcoma typically involves surgery, chemotherapy, radiation therapy, and hormone therapy. The treatment plan is usually based on the stage of the cancer, the type and size of the tumour, and the patient’s overall health. Patients should consult with a gynaecological oncologist to determine the most appropriate treatment plan for their specific condition.

Medical negligence in uterine sarcoma cases

In certain instances, medical negligence can lead to delayed diagnosis or misdiagnosis of uterine sarcoma. Medical negligence refers to a situation where a healthcare professional provides substandard care, which can lead to harm or injury to the patient.

In the context of uterine sarcoma, medical negligence can involve:

Failure to carry out appropriate tests.
Misinterpretation of test results – for example, an ultrasound scan or MRI may be reported to show a fibroid, rather than uterine sarcoma.
Failure to refer the patient to a specialist.
Delay in diagnosis or misdiagnosis.

When medical negligence leads to a delayed diagnosis, the cancer may progress to a more advanced stage, making treatment more challenging and leading to a poorer prognosis.

Legal recourse for medical negligence

Uterine sarcoma is a complex disease that requires prompt and accurate diagnosis for effective treatment. Medical negligence leading to delayed diagnosis can significantly impact the patient’s prognosis and quality of life.

If you believe that you or a loved one has suffered due to medical negligence in the diagnosis or treatment of uterine sarcoma, you may be entitled to make a medical negligence claim. This can help you receive compensation for the physical, emotional, and financial damages you have suffered due to the negligence.

Legal processes can be complex and daunting, so it’s crucial to seek expert legal advice. At Tees, our specialist medical negligence solicitors can guide you through the process, helping you gather the necessary evidence and build a strong case.

Patient safety during maternity care called into question

Posted on 30 January 202427 March 2025 by Sarah O'Sullivan

Tees’ Clinical Negligence team advocates for campaigning for patient safety concerning antenatal, maternity, and neonatal care.

BBC Panorama exposes maternity care failures

A BBC Panorama documentary aired on Monday, 29 January 2024, highlighting maternity care issues at Gloucestershire Hospitals NHS Foundation Trust, including the Cheltenham Birth Centre.

A tragic loss: Margot Frances Bowtell

Tees’ client, Laura Harvey from Gloucester, lost her baby, Margot Frances Bowtell, at just three days old. Laura recalls her experiences with Gloucestershire Hospitals NHS Foundation Trust in 2020 after the hospital admitted liability for failures in her care that led to Margot’s death.

Margot was born on 14 May 2020 at the midwife-run Cheltenham Birth Centre and passed away on 17 May 2020 due to a hypoxic brain injury sustained during delivery.

Investigation and accountability

The care Laura and Margot received was provided by two midwives, who are no longer working at the Trust. Both midwives are now under investigation by the Nursing and Midwifery Council (NMC) regarding the circumstances surrounding Margot’s death.

A report by the Healthcare Safety Investigation Branch (HSIB) identified multiple care issues, including a failure to update Laura’s risk assessment after she experienced reduced fetal movements and a bleed at 34 weeks pregnant. As a result, Laura was admitted to a midwife-led, low-risk ward instead of the consultant-led unit she needed.

Missed opportunities for intervention

During labor, Laura experienced further episodes of bleeding. However, these were not escalated to the on-call obstetricians, nor was the information properly handed over between midwives during the shift change on 14 May 2020. HSIB concluded that a referral to the obstetric-led unit for continuous monitoring of Laura and Margot was necessary.

Gloucestershire Hospitals NHS Foundation Trust admitted liability for failures in Laura’s care that caused Margot’s death.

Legal advocacy and expert commentary

Sarah Stocker, Associate at Tees, stated:

“The midwives involved did not follow both national guidance and the hospital’s own clinical guidance on several occasions during Laura’s labor. If the midwives had acted in the hours before Laura gave birth, she would have been transferred to the appropriate ward for obstetric-led care. With continued monitoring, Margot would have been delivered at the first sign of fetal distress and would still be with us today.”

Laura Harvey’s perspective

Reflecting on the midwives and ongoing investigations, Laura Harvey said:

“As a family, we want and more importantly deserve to know why both midwives made the decisions they did and why they chose to directly ignore and not follow the Trust’s own standard practice procedure. It was not just one point where they failed to escalate my care; it was a series of failures.”

A positive experience after loss

In December 2023, Laura safely delivered a baby daughter at Gloucester Hospital, under the care of the Rainbow Team. This time, she experienced exceptional care.

Calling for safer maternity practices

Laura Harvey continues to advocate for better maternity care, emphasising the importance of following safety procedures:

“There are midwives who are working hard and following the safety procedures in place to bring babies into our world, going above and beyond to help everyone.

It should not be a postcode lottery where you give birth and the care that you receive. Midwives and doctors need to follow the national set of safety procedures.

We need to highlight the Trusts that are excelling and share knowledge with those currently struggling. Most importantly, we need to share and learn from what happened to Margot to prevent it from ever happening again.”

Demystifying spousal maintenance

Posted on 25 January 202422 March 2025 by Sarah O'Sullivan

Spousal maintenance, also known as spousal support or alimony, is a financial payment made by one spouse or civil partner to the other on a regular basis to help meet their financial needs. While the legal term is “periodical payments,” many people refer to it as spousal maintenance for ease of understanding. In this article, we’ll use the term spousal maintenance, and note that “spouse” includes civil partners as well as husbands and wives.

What is the purpose of spousal maintenance?

The primary goal of spousal maintenance is to assist the financially weaker party as they transition to financial independence. In some cases, if financial independence is not achievable, payments may continue until one party passes away, although indefinite maintenance orders are now less common.

Courts carefully consider several factors to determine both the amount (known as the “quantum”) and the duration (known as the “term”) of spousal maintenance. Let’s explore who qualifies, how payments are calculated, and other essential details.

Who can apply for spousal maintenance?

Anyone going through a divorce or dissolving a civil partnership can request spousal maintenance. However, it is not a guaranteed part of a financial settlement. The court’s primary objective is to achieve financial independence for both parties where fair and possible.

It’s important to note that the higher-earning spouse will not automatically be required to pay spousal maintenance. Factors such as the length of the marriage, each party’s financial resources, and their earning capacities are all taken into account. Crucially, spousal maintenance is needs-based, not income-equalising.

How is spousal maintenance calculated?

There is no strict formula for calculating spousal maintenance. Instead, the court relies on detailed budgets prepared by both parties. These budgets should outline all essential monthly expenses, including mortgage or rent, utilities, groceries, fuel, and clothing, as well as discretionary expenses like holidays and entertainment.

Payee’s Budget: Demonstrates the financial shortfall the receiving spouse needs to cover their reasonable expenses.
Payer’s Budget: Establishes whether they have sufficient surplus income to meet the requested maintenance payments.

Both parties may need to adjust their expectations, as maintaining two separate households is often more expensive than maintaining one. Spousal maintenance is generally viewed as a temporary support mechanism, encouraging the payee to become financially self-sufficient.

How long does spousal maintenance last?

While courts in England and Wales are known for their generosity with spousal maintenance orders, permanent or “joint-lives” orders are increasingly rare. The court often imposes a fixed-term order, giving the recipient time to achieve financial independence.

If the parties can reach an agreement through solicitor negotiations, this can be formalized in a court order. If not, the court will make a determination. Documentation is crucial to ensure any agreed payments are enforceable.

What happens if my ex refuses to work?

Both parties are generally expected to maximize their earning capacity. If a spouse refuses to seek employment without a valid reason, the court may impute an income to them, assuming they could reasonably earn a specified amount.

What events can impact spousal maintenance?

1. Death

Spousal maintenance usually ends upon the death of the paying party unless the order specifies otherwise.

2. Remarriage

If the payee remarries, spousal maintenance automatically ceases.
If the payer remarries, maintenance payments remain unaffected.

3. Cohabitation

Cohabitation by the payee may be grounds for reducing or terminating spousal maintenance, but it is not automatic unless specified in the court order.

4. Change in Circumstances

If either party’s financial situation changes, an application can be made to the court to vary the maintenance order. For example, the payer may request a reduction if they lose their job, while the payee may apply for an increase if their financial situation deteriorates.

How does child maintenance impact spousal maintenance?

Child maintenance is handled separately from spousal maintenance. Child-related expenses (such as school uniforms and extracurricular activities) are accounted for in a different budget.

For most families, child maintenance is calculated using the Child Maintenance Service (CMS) formula. In some cases, such as when the paying parent has a high income or lives abroad, the court may have the authority to determine child maintenance. Even if child maintenance is included in a court order, either party can apply to the CMS for a recalculation after 12 months.

Final thoughts

Spousal maintenance can be a complex and sensitive issue, with outcomes varying significantly depending on individual circumstances. Seeking legal advice is essential to ensure you understand your rights and responsibilities. Whether you are negotiating an agreement or pursuing a court application, professional support can help you achieve a fair resolution.

For more guidance on spousal maintenance or other family law matters, contact a qualified solicitor to explore your options.

Sepsis medical negligence claims – baby Yousef’s story

Posted on 15 January 202427 March 2025 by Sarah O'Sullivan

Sepsis is a life-threatening condition that can cause organ failure and death. In the UK, there are around 245,000 cases of sepsis every year.

Prompt identification and timely treatment of sepsis is vital to avoid catastrophic outcomes. When sepsis is not recognised, or medical care is delayed, the outcomes for patients can be devastating. Some patients may have to have limbs amputated, whilst others might suffer severe organ damage. And, in the UK alone, nearly 50,000 people lose their lives to sepsis-related complications every year.

Tragically, this is what happened to one-year-old Yousef, who died of sepsis on 5 February 2023.

Baby Yousef was the son of Mohammed Elsiddig and Duaa Siyed Ahmed, both of whom are qualified medics. But despite being doctors themselves, numerous medical professionals failed to listen to Mohammed and Duaa’s repeated and increasingly urgent concerns. Tragically, by the time treatment was started, it was far too late.

What causes sepsis?

Sepsis (also known as septicaemia or blood poisoning) is a life-threatening medical condition that occurs when a person’s immune system overreacts to an infection and begins to attack the body’s tissue and organs. People with weakened immune systems are at higher risk of such infections, and therefore at higher risk of developing sepsis.

It can be triggered by any kind of infection, including colds and flus, infected cuts and chest infections. Sepsis can lead to tissue damage, shock, multiple organ failure, blood clots and – particularly if it is not recognised and treated quickly – death.

Sepsis symptoms

Sepsis presents differently in adults and children, which is why awareness of the symptoms is so vital.

Sepsis symptoms in adults

According to the UK Sepsis Trust, adults who present with sepsis might have some or all the following symptoms:

Confusion or slurred speech
Extreme shivering or muscle pain
Not passing urine
Severe shortness of breath
Feeling extremely ill
Mottled or discoloured skin.

Signs of sepsis in children

Babies and children with sepsis might present with some or all of the following symptoms:

Fast breathing
Fits or convulsions
Mottled, blue or pale skin
A rash that doesn’t disappear with pressure
Lethargy
Abnormally low temperature
Vomiting
Not passing urine.

Yousef’s story – multiple failures to diagnose and treat sepsis

Yousef’s death was a tragedy and could have been avoided with earlier diagnosis and treatment. Throughout his illness, he presented with many, if not all, of the sepsis red flags described above – but the signs were missed time and time again.

Yousef’s illness began with fever and flu symptoms shortly after having his one-year vaccinations. His parents understandably thought that this was a passing viral illness and treated him symptomatically with Ibuprofen and Calpol. When he continued to feel poorly, they took him to his GP, who agreed it was probably viral.

Yousef’s first attendance at A&E

A few days later, Mohammed and Duaa took Yousef to A&E. By this time, his fever had lasted for nearly a week, he was not taking much food or fluid, and he had a cough and was not his usual self. Yousef had also become lethargic, sleeping through the whole night – something that was unusual for him.

Mohammed and Duaa were extremely concerned that Yousef may have sepsis and begged the doctor to do blood tests. The doctor refused, said it was likely resolving flu and sent Yousef away with oral antibiotics.

Yousef’s second attendance at A&E

The next day, Yousef’s fever took a turn for the worse and he was shivering and vomiting. He couldn’t keep his antibiotics down. He had difficulty breathing. His parents called 999 and were told to wait for a callback. They were so worried about Yousef that they instead decided to take him back to A&E.

After being triaged as non-urgent, waiting for five hours and being told they were facing an 18-hour wait for treatment, Mohammed and Duaa decided to take their baby home as his antibiotics were due.

After a short spell of improvement, Yousef’s condition deteriorated. He developed diarrhoea and his urine output significantly decreased. His temperature reached an all-time high. He didn’t want to eat or drink. His breathing became fast and flat. His heart rate was rapid and his skin was mottled.

Emergency 999 call

· Mohammed called 999 and described Yousef’s symptoms. After listening to his breathing, the ambulance clinician said that she was extremely concerned that Yousef may have sepsis – however, there were no ambulances available for 10 hours. His parents were advised to take Yousef to A&E themselves within the hour.

Yousef’s third attendance at A&E

Despite the phone operator giving them a referral that was supposed to get Yousef seen more quickly, on arrival, Yousef was treated as non-urgent. Terrified that Yousef had sepsis, Mohammed challenged the triage nurse (who had witnessed Yousef vomiting) but he was told, “Just because you think he has sepsis doesn’t mean he has it.”

Yousef was seen by a doctor, but Mohammed and Duaa were told he likely just had a normal fever. The doctor would not listen to them and Mohammed remembers him cutting Duaa off mid-sentence several times. The doctor refused to do blood tests but agreed to observe Yousef overnight. After judging the overnight results as normal, he stopped Yousef’s antibiotics.

Following more pressure from Mohammed and Duaa, he agreed to perform a blood gas test – which does not check for infection – the results of which were said to have come back normal.

The doctor said to Mohammed: “I’m now happy, it’s your turn to be happy.” Mohammed states that he retorted: “How could I be happy when I’m seeing my child poorly in front of your eyes and you’re not doing anything for him?” Mohammed was told he was worrying too much and, when challenged further, the doctor told Mohammed that he was over-worried. The family were, again, sent home, feeling unapologetically dismissed.

Private bloods

By now, Mohammed and Duua were so desperate, that they decided to try to arrange for private blood tests. As a same-day appointment was unavailable, they booked one for the next day.

The private GP was seriously concerned about Yousef’s condition and strongly advised that Yousef be seen by either the NHS GP or a paediatrician. The blood results took several days to process. When they did come back, they clearly showed high levels of infection in Yousef’s blood.

NHS GP Visit

Whilst at the private GP, Yousef’s NHS GP called to follow up on his recent hospital visit. Mohammed told the GP that Yousef’s condition was deteriorating. His temperature was high, his nappies dry, his stools loose, he was refusing to eat and he was interacting less. He was lethargic and irritable.

The GP agreed to see Yousef face to face in the clinic but diagnosed him with hand, foot and mouth disease – despite a rapidly developing skin rash and no symptoms in these areas of his body.

Mohammed and Duaa asked the GP to refer Yousef back to the hospital for further assessment, but the GP refused to refer him. Once again, Mohammed, Duaa and Yousef were sent home. They remember feeling angry and frustrated, and like they were being ‘gaslighted’.

Yousef’s fourth attendance at A&E

Later that day, Yousef’s parents noticed swelling and discolouration around his bottom, which looked like an abscess. They rushed him back to A&E, where their concerns were once again dismissed.

It was only when Yousef began struggling for breath that he was rushed into a side room and put on oxygen. With his parents crying by his side, a consultant finally admitted that Yousef might have sepsis. Mohammed remembers saying, “I don’t want him to die.”

“Everything was too slow,” said Mohammed. “Giving him IV fluids, and antibiotics, you could see he was in severe pain. We begged them many, many times to give him something for the pain, but everything was slow. Everything was delayed.”

Yousef was eventually intubated and admitted to the paediatric intensive care unit (PICU) after suffering a vacant episode. Sadly, following several cardiac arrests – which resulted in a lack of oxygen and brain death – Mohammed and Duaa’s little boy passed away from overwhelming sepsis. He had just turned one.

Seeking justice and raising awareness

With the help of Janine Collier, who heads up the Medical Negligence team here at Tees, Mohammed and Duaa are bringing a sepsis negligence claim against Birmingham Children’s Hospital and are working to raise awareness of sepsis and the importance of listening to parental concerns, to ensure a lasting legacy for Yousef.

They said: “Our son was failed. He had many chances to survive, but they were all missed by healthcare professionals. He suffered so much pain and we still suffer from the trauma and horrible pain of losing our precious baby because of a whole system failure, medical negligence and lack of sepsis awareness.

“More must be done to stop the trauma and horror that we and other families have been through. We are very passionate about making a change – all hospitals should be able to follow Sepsis Trust or NICE guidelines and prevent such dreadful outcomes due to a completely curable and preventable illness.

“Parental concerns and repeated visits to A&E are equally important in recognising sepsis. Only together can we change a broken system and raise awareness about sepsis amongst parents and – most importantly – the professionals who are responsible for caring for us and our children.”

Janine, who is working closely with Mohammed and Duaa on their case, said:

“This is yet another devastating instance of how an overwhelmed health system and a total lack of sepsis awareness, has resulted in an entirely preventable death. At just one-year-old, Yousef has had his whole life snatched away from him, leaving his parents’ world in tatters.”

“Nothing will ever replace Yousef or make up for his death. However, we can work hard to secure justice for him and support Mohammed and Duaa as they in turn do everything they can to prevent this kind of tragedy from ever happening to another family.”

Shared ownership home: What does ‘staircasing’ mean?

Posted on 20 December 202327 March 2025 by Sarah O'Sullivan

If you live in a shared ownership home, you might have considered buying additional shares in your property. This process is known as staircasing.

What is staircasing?

Staircasing is when you purchase more shares of your shared ownership property, gradually increasing your ownership percentage. As outlined in your lease, you have the option to buy further shares, which means:

Greater ownership: You own a larger portion of your home.
Lower rent: You pay less rent on the shares you don’t own.
Full ownership potential: Most shared ownership properties allow you to eventually staircase to 100%, becoming the sole owner.

To find out if your property allows full staircasing, check your lease or speak with your landlord.

Benefits of staircasing

When you staircase to 100% ownership, you’ll no longer pay rent. You will still need to cover your mortgage, but securing a standard mortgage rate may become easier, compared to a shared ownership mortgage.

How Does Staircasing Work?

Let’s say you initially bought a 30% share of your home. Later, you decide to buy an additional 20%. You would then own 50% of your property.

Interim staircasing: This refers to any partial share purchases (e.g., going from 30% to 50%).
Final staircasing: If you staircase to 100%, you become the sole owner.

Are there any restrictions?

Some properties have restrictions on staircasing due to planning permissions. This is often to ensure homes remain available for local people rather than becoming second homes. Check your lease or consult your landlord to understand any limitations.

Do you have to staircase?

No, staircasing is completely optional. It’s a great choice if your financial situation improves and you want to invest more in your home. However, it’s not a requirement.

Costs to consider

Staircasing does come with additional costs, including:

Property valuation: A surveyor will determine your home’s current market value.
Legal fees: You’ll need a solicitor to handle the legal process.
Stamp duty: Depending on how much you staircase, you may need to pay Stamp Duty.

Financing your staircasing

If you don’t have sufficient savings, you can consider remortgaging to release funds and extend your mortgage term. Many lenders offer options to help finance additional share purchases.

Final thoughts

Staircasing can be a great way to increase your property ownership and reduce rent payments. To explore your options further, review your lease, speak to your landlord, and seek professional financial and legal advice.

If you have any questions, contact our conveyancing team today.

Shared ownership homes: Repairs and home improvements

Posted on 2 December 202326 March 2025 by Sarah O'Sullivan

If you’re considering a shared ownership property, one of the most common questions is: Who is responsible for repairs and home improvements? Understanding your responsibilities can help you budget effectively and avoid any unexpected surprises.

What is shared ownership?

Shared ownership allows you to buy a percentage share of a property while paying rent on the remaining share, typically owned by a housing association or landlord. While this offers a more affordable route to homeownership, it also comes with specific responsibilities for repairs and improvements.

Who handles repairs and improvements?

Structural changes and home improvements

While you’re free to decorate and make minor cosmetic changes, any significant structural changes require approval from your landlord. This is because structural modifications can impact the property’s market value, which may affect the price if you decide to staircase (buy additional shares).

Keep in mind that a landlord is not responsible for upgrades like a new kitchen or bathroom if your motivation is purely aesthetic.

Initial repair period

Some shared ownership properties come with an initial repair period, typically lasting up to 10 years. This applies if you own less than 100% of the property.

During the initial repair period:

The landlord covers essential repairs but cannot use the reserve fund or service charges to pay for them.
You are still responsible for paying your service charges as usual.
You may be able to claim up to £500 per year from your landlord for certain repairs, including issues with water, gas, electricity, or heating systems.

You can check whether your property has an initial repair period by referring to the Key Information Document provided by your landlord before you reserve the home.

External and structural repairs

For new-build homes, external and structural repairs are usually covered by a building warranty for the first 10-12 years. If you purchase a shared ownership resale property, any remaining warranty period will transfer to you.

For flats, external repairs are typically the responsibility of the freeholder or building owner. The cost is then divided among all flat owners through your service charge.

What to Do if Repairs Are Needed

If an issue arises, contact your landlord as soon as possible. They will assess the problem and determine whether the repair is essential. Keeping clear records of all communications and repair requests can be helpful.

For further information, visit the government website for official guidelines.

By understanding your responsibilities, you can enjoy the benefits of shared ownership without unexpected repair costs.

Tees leads discussion with local MP about the future of family justice

Posted on 27 November 202329 March 2025 by Sarah O'Sullivan

Last week, Tees’ Family Law team invited Julie Marson, MP for Hertford and Stortford into the Tees Law offices to discuss the reform needed to support families using the family justice system. This was organised ahead of Resolution Awareness Week, which started this week.

On Monday 27 November, Resolution, the organisation of family lawyers committed to promoting a constructive approach to family issues, launched its Vision for Family Justice – a blueprint for the future family justice system – at a special parliamentary event.

As members of Resolution, Tees Family Law team were keen to give their local MP their perspectives on and experiences of supporting families going through divorce and family breakdown, and to highlight the work to make divorce less confrontational and the plans to shape the future of family justice creating a fair system that works for Tees’ clients.

This year marks the 40th Anniversary of Resolution, which was established by family lawyers who believed that a non-confrontational approach to family law issues would produce better outcomes for separating families and their children. Nowadays, Resolution’s members, including all of Tees’ Family Law team across six offices, encourage clients to consider non-court dispute resolution, such as mediation and arbitration, and now offer one lawyer, one couple legal advice.

Sally Powell, Partner of the Family Law team, said:

“We were really pleased that Julie Marson MP was able to spend some time with us on Friday to talk through some of the pressing family law issues, such as the rights of cohabitants and the difficulties users are facing in the family justice system. We talked about the unfair outcomes for cohabitants in relationship breakdown, often when children are involved, and also discussed the extreme delays that Julie’s constituents are facing, particularly through Chelmsford Family Court.

Julie noted our concerns and agreed to come back to us about her Party’s policy in relation to the rights of cohabitants and she agreed to meet with the Courts Minister, Mike Freer MP, to discuss the damaging delays that current court users, particularly of the Chelmsford Family Court, are having to endure.”

It’s so important that policymakers fully understand what’s needed so that we can shape the future of family justice to benefit families, giving access to early legal advice and avoiding delays and protracted court proceedings.

This was a great way for Tees to start the conversation with Julie Marson MP, and to give her insight into our work and the experiences of our clients. We hope this will encourage the changes needed to create a fairer family justice system for all.

How to raise a grievance at work: A comprehensive guide

Posted on 27 November 202322 March 2025 by Sarah O'Sullivan

A work grievance is a formal concern, complaint, or issue that an employee raises with management. Handling grievances correctly is essential for fostering a positive workplace environment and ensuring fair treatment.

What is a grievance at work?

A workplace grievance can occur for various reasons, including:

Concerns about employment contract terms and conditions
Health and safety issues
Unfair treatment, discrimination, bullying, or harassment
Problems resulting from organisational changes or new work practices

Some complaints, such as those related to discrimination or whistleblowing, may follow specific legal procedures. Seeking professional legal advice can help ensure your grievance is handled correctly.

Informal grievance resolution

Before filing a formal grievance, consider addressing the issue informally. In many cases, a simple conversation with your line manager can resolve the problem. This approach is often quicker and less stressful.

If your complaint involves your manager, consider speaking to another appropriate person, such as an HR representative.

Formal grievance procedure

If informal discussions fail to resolve the issue, you may choose to initiate a formal grievance. Most employers have a grievance policy, typically based on the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Steps to Follow:

Review your employer’s policy: Familiarise yourself with your company’s grievance procedure.
Document the issue: Maintain detailed notes of events, including dates, times, and individuals involved.
Submit a grievance letter: Write a formal letter outlining your complaint and providing relevant evidence.
Attend a grievance meeting: You’ll be given the opportunity to present your case. A colleague or trade union representative can accompany you.
Await the decision: Your employer will investigate and provide a decision within a reasonable timeframe.

How to write a work grievance letter

A grievance letter is a crucial part of the process. Here are some tips:

State the facts clearly: Provide specific details about the issue, including relevant dates and evidence.
Be objective and concise: Avoid emotional language and focus on the facts.
Explain the impact: Describe how the issue has affected your work.
Propose a solution: Suggest possible resolutions.

If you’re unsure about drafting a grievance letter, an employment law specialist can assist you.

What happens in a grievance meeting?

A grievance meeting provides an opportunity for you to discuss your concerns in a formal setting. Prepare thoroughly by gathering evidence, organising your thoughts, and noting any key points.

Can you bring someone to a grievance meeting?

Yes, you have a legal right to be accompanied by a colleague or trade union representative. They can offer support and take notes but cannot answer questions on your behalf.

Mediation as a Resolution Method

Mediation can be a helpful option, especially for interpersonal disputes. A neutral third party facilitates the conversation, encouraging both sides to find a mutually acceptable resolution.

Appealing a Grievance Decision

If you are dissatisfied with the outcome, you can submit a written appeal. The appeal should state the grounds for your disagreement. Your appeal will typically be reviewed by someone not involved in the initial decision.

Seek Legal Support

Navigating a workplace grievance can be challenging. Seeking legal advice ensures your rights are protected and increases the likelihood of a fair outcome.

Contact our employment law specialists today for expert support throughout the grievance process. We can assist with drafting your grievance letter, preparing for meetings, and representing you during appeals.

Tees supports grieving family with clinical negligence case

Posted on 23 November 202328 March 2025 by Sarah O'Sullivan

Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases

A Heartbreaking Loss: Adam Bunn’s Story

The mother of a young man who lost his life in 2021 has spoken out about the invaluable help provided by the Clinical Negligence team at Tees Law during a time of real need.

This case serves as a powerful reminder of the importance of specialist legal representation in supporting families and driving improvements in healthcare standards. This comes as the government’s proposals on Fixed Recoverable Costs (FRC) threaten to significantly limit access to justice for vulnerable groups.

What Happened to Adam Bunn?

In September 2021, 26-year-old Adam Bunn was admitted to the hospital, diagnosed with severe constipation, and discharged a few days later. Tragically, he was back in hospital the following day, where he collapsed and could not be revived.

An inquest in 2023 revealed that Adam had sepsis and rectal faecal impaction. His blood tests showed clear signs of sepsis, which should have been identified.

A Mother’s Perspective: katie Bunn’s testimony

Katie Bunn, Adam’s mother, shares her experience:

“Our son, Adam, died suddenly and unexpectedly on Friday, 17 September 2021. His inquest took place nearly two years later in August 2023. The coroner concluded that the hospital trust failed Adam in six key ways, one of which was due to neglect. With the correct diagnosis and treatment, Adam would likely have survived.”

The role of legal representation in the inquest

Katie Bunn emphasised the essential support provided by Tees Law:

“We were represented on a ‘no win, no fee’ basis by Tees Law, whose experience in clinical negligence cases was invaluable. Without their guidance, I am certain the coroner’s findings would not have been as comprehensive. The Trust would not have admitted their failings without legal pressure.”

She further explained how the legal team selected expert witnesses, engaged a skilled barrister, and navigated the complexities of the coroner’s court.

“The prospect of facing this process without legal support would have been unimaginable.”

The impact of fixed recoverable costs on access to justice

If the proposed FRC rules had been in place during Adam’s case, the family might not have been able to secure legal representation.

“The Trust would still have had taxpayer-funded legal representation, while we, as a grieving family, would have struggled without the necessary support.”

Tees Law’s perspective on fixed recoverable costs

Tees Law’s Clinical Negligence team expressed their concerns:

“Over the last decade, we have built a specialist practice representing vulnerable clients at inquests. The government’s FRC proposals will further marginalize vulnerable groups, including the elderly, those with mental ill health, and individuals with learning disabilities.”

Understanding Fixed Recoverable Costs (FRC)

Fixed Recoverable Costs (FRC) are legal fee limits proposed by the government for certain medical negligence claims. The most significant impact will be on claims under £25,000, which often involve vulnerable individuals.

The Department of Health has acknowledged that the proposed reforms disproportionately affect people with disabilities, the elderly, and low-income groups.

Recent changes to FRC in October 2023

In October 2023, the government implemented FRC for claims valued between £25,001 and £100,000. These reforms introduced an Intermediate Track with case-specific factors and Complexity Bands that determine cost limits.

Conclusion: Ensuring fair access to justice

Adam’s story highlights the essential role of legal representation in holding healthcare providers accountable and securing justice for grieving families. Fixed Recoverable Costs threaten this access to justice. It is crucial to ensure that vulnerable individuals retain the right to adequate legal support.

Tees Law remains committed to fighting for families like Adam’s and advocating for fairer legal frameworks.

Tees new Senior Wealth Planner now settled and seeing clients

Posted on 14 November 202329 March 2025 by Sarah O'Sullivan

Tees Financial Ltd has recently welcomed Senior Wealth Planner David Blackman, a role with a key focus on working with the farming community – a first for the firm.

Tees has a long history of working with farming families, going back 100 years, but before now, we’ve not had a senior financial adviser on board who specialises in this area.

With over 32 years of experience in financial services, David is passionate about helping all clients through life events, with a real interest in planning tax efficiency for agricultural businesses and owners. Tees’ financial advisers work with clients to help them pass on their farm and land assets to the next generation in a well-planned and tax-efficient way. This includes taking advantage of Inheritance Tax reliefs (IHT), Business Property Relief (BPR) and Agricultural Property Relief (APR).

Part of David’s role is to help farming businesses make any necessary adjustments in investment activities and to encourage the use of Trusts and other ownership structures to ensure assets can be passed on tax-efficiently.

David is looking forward to advising more clients and said “It’s important that farming families think about putting appropriate plans in place. It can all be confusing with so many options out there, so I’m here to make sense of it all for our clients and advise on the best ways to protect assets and plan for the future. This includes help on pension and retirements too.”

David has a breadth of experience in providing finance advice to the rural community and has joined Tees after previously working for NFU Mutual – a Farmers’ Union insurance composite, so he fully understands the needs and complexities involved in agricultural land ownership and business. As a Chartered Financial Planner and a Chartered Associate of the London Institute of Banking and Finance, David is also able to advise on protecting family wealth and ensuring financial stability in the future.

“I am passionate about helping clients to achieve their goals and it’s so important to me to grow relationships with my clients by regularly reviewing financial plans, instead of just being very transactional. That’s what I love about the job.”

Our specialist financial advisers are based in several sites including Essex, Cambridgeshire and Hertfordshire, but can help anyone in the UK.

If you would like to find out more about our services or speak to David directly, call our team on 080o 015 1165.

Modernising fertility law: HFEA’s proposals

Posted on 2 November 202322 March 2025 by Sarah O'Sullivan

In November 2023, the Human Fertilisation and Embryology Authority (HFEA) outlined a series of recommendations to modernise fertility laws in England and Wales. These reforms aim to enhance patient care, ensure legal clarity, and keep pace with advancements in reproductive science.

Why reform is needed

The HFEA, as the regulator of fertility treatment in the UK, plays a critical role in protecting patients. Since the introduction of the Human Fertilisation and Embryology Act in 1990, fertility law has faced challenges due to outdated legislation. Judges in family law courts often have to interpret the law, leading to inconsistent outcomes, particularly regarding legal parenthood.

The HFEA’s recommendations address these gaps by focusing on four key areas:

Patient Safety and Best Practices
Access to Donor Information
Consent
Scientific Developments

Enhancing patient safety and best practices

To strengthen patient protection, the HFEA proposes stricter regulatory controls and expanded enforcement powers for licensed clinics. This would ensure clinics meet high standards of care, reducing the risk of legal complications for families undergoing fertility treatment.

Improving access to donor information

Recent legislative changes have enabled donors to access information on previously anonymous donations. The HFEA recommends providing donors with mandatory implications counselling before treatment. Additionally, clinics would be required to offer clear guidance to both donors and recipients on the implications of accessing this information.

Addressing consent complexities

Current laws surrounding consent for fertility treatment, embryo storage, and embryo use are ambiguous. Judges often face difficult decisions in cases involving consent disputes, particularly in situations of relationship breakdown or posthumous conception. The HFEA’s proposals call for clearer legal definitions to protect all parties and provide greater certainty for families.

Embracing scientific developments

With rapid advancements in reproductive technology, the HFEA also advocates for more flexibility in the law. Granting the HFEA greater discretion to adapt regulations in response to scientific progress will ensure the legal framework remains relevant and responsive.

The need for timely legal reform

Since its introduction, the Act has only undergone one significant update in 2008, which expanded parental rights for same-sex female couples. While this was a positive step, it also introduced complexities in legal parenthood determination. Many families face uncertainty and legal challenges due to the outdated framework.

Despite increasing calls for reform, including on the HFEA’s 30th anniversary in 2020, progress remains slow. As fertility treatments become more common, modern legal protections are essential to reflect the diverse family structures of today.

How Tees Law can help

At Tees Law, we frequently assist parents navigating the legal aspects of fertility treatment. From reviewing documentation to ensuring legal parenthood is established, our experts provide comprehensive support. We also offer guidance on consent and storage disputes, particularly during family breakdowns.

Furthermore, our clinical negligence team welcomes the HFEA’s emphasis on patient safety. Enhanced regulatory oversight can prevent instances where clinic errors lead to complex legal battles over parenthood.

Conclusion

While legislative changes are yet to be implemented, the HFEA’s recommendations represent a positive step toward safeguarding patients and modernising fertility law. At Tees Law, we support these efforts and remain committed to helping families achieve legal security and peace of mind throughout their fertility journeys.

For expert legal support on fertility law and parental rights, contact our team today.