My career as a commercial property lawyer

High-quality work right on my doorstep: As part of our new series of ‘talk to Tees’ we will be talking to our lawyers and other team members about their time and experiences. In our first episode we speak to Kay Piper, commercial property partner, about her move from a London firm to Tees.

Q: Why did you choose to work for Tees?

It is a very well-established brand and I was impressed with the forward-thinking structure Tees has and the ability that this gives Tees for succession planning and investment into the firm. Tees is in a strong place as a business and on a progressive, growth trajectory. As I live in Bishop’s Stortford it gives me the ability to have a varied caseload of excellent quality work with clients, and also with properties that are familiar to me. There is the added benefit of working so close to home that I get to spend more time with my family and the commute is lot shorter than previously. Having the office nearby gives me lots of flexibility and choices for the best way to work.

Q: How do you find the work you’re now doing?

You always want quality work – the real complex interesting work where we can add value, and there is never a shortage of this at Tees. My workload keeps me very busy, and the variety makes it extremely interesting.

I work for a wide range of clients including large landowners, farmers, developers of all size, companies and high-net-worth individuals. We offer a bespoke, all-round service to these clients and there is lots of client interaction which I’ve always enjoyed. We get to know our clients and become their trusted advisers.

Q: How big is the team and how does it operate?

The commercial property team covers five of Tees’ six offices, with the largest team sitting in the Bishop’s Stortford office. Overall, there are five partners, two consultants (who are former partners at Tees), seven solicitors, three paralegals and a trainee solicitor.

We each have our own workload and clients, but we also work together in sub-teams on the more complex matters. I enjoy working with the team to come up with the best solution for the client.

We recognise that our clients might require other services from other teams, such as advice on company commercial matters, property litigation and from the private client team for advice on estate planning for those selling their land. With Tees having a breadth of experience and services, we are able to offer our clients a one stop shop for all legal and financial requirements.

Q: Is your team expanding?

Yes absolutely. We are always looking for new people to join the team and it is a very interesting time to join Tees with our future plans of growth. Client demand is high, so we need to keep up with this.

Q: How do you see the commercial property market currently?

The market is buoyant and there is a lot of movement, especially in relation to residential development. As with most things, the Covid pandemic has had an impact on the market, especially the retail aspect, but we are seeing this change and the retail market is beginning to pick up again.  There is talk of a recession and/or a slowdown in the property market on the horizon.  With our breadth of services, Tees is excellently placed to withstand any changes to the economy.

Q: What’s the working culture like at Tees?

In short, it’s great. We are supportive and collaborative in the way we work. We enjoy working hard but encourage everyone to talk to each other and find the best solutions for our clients in a good team working environment. Tees knows its people are key to its success and from my experience is committed to giving everyone the chance to be their best to succeed and grow. I am part of our trainee recruitment programme and it’s fantastic to be part of this important initiative. Many of our Partners trained at Tees which is a testament to the investment and trust we put in our people.

We operate in an open plan office with an ‘open-door’ policy: questions and running things past each other are encouraged – even when people are working from home. We discuss matters regularly in our weekly team meetings or monthly department meetings. I really like that Tees is a multi-discipline firm because clients are often looking for advice that crosses several departments, so we really get to see the whole project through and spend time with our clients.  All in all, I’m delighted with the choice I made to move to Tees.

A complete guide to No Win No Fee claims

What is no win no fee?

A 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.

How do no win no fee claims work?

Most of our claims are funded using our funding package, which means if you lose your case, it should not cost you a penny.  The package includes a conditional Fee Agreement, a loan facility and after the event insurance. The package will ensure that you do not have to pay our costs, or any third-party costs, as your case progresses. If you win your case, we will recover most of the costs from the defendants and we will deduct a success fee, the insurance premium, the loan facility fee and any unrecovered costs from your compensation.

Making a no win no fee claim

The first step is to give us a call. We have a team of friendly lawyers who will listen to you and advise you on the next steps.  It’s free to talk to us and we will advise you about the different ways the case can be funded, including no win no fee, legal aid,  legal expenses  insurance and any other available options We will give you detailed information about how the funding works and everything will have been explained carefully. We make sure that people who have experienced injury and damage because of medical negligence can access legal advice.

With Tees you can make a no win no fee claim for a very wide range of medical negligence situations including the following:

  • Accident and emergency claims
  • amputation claims
  • birth injury claims (baby)
  • birth injury claims (mother)
  • cancer misdiagnosis claims
  • cerebral palsy claims
  • child injury claims
  • cosmetic surgery claims
  • ear, nose and throat claims
  • eye claims
  • fertility claims
  • gall bladder claims
  • gynaecology claims
  • GP claims
  • hernia claims
  • medical consent claims
  • orthopaedic claims
  • sepsis claims
  • spinal injury claims
  • surgery claims
What are conditional fee agreements?

Conditional Fee Agreements (CFAs) are contracts agreed between a client and a solicitor when starting a claim for compensation. They set out how the solicitor’s fees, or a part of them, will be paid. This payment will be only on the condition of certain circumstances – which is most often if the case is won. A conditional Fee Agreement is the formal name for the agreement that is commonly referred to as No Win, No fee. It’s often linked to legal advice such as medical negligence or personal injury where compensation could be awarded.

How does a conditional fee agreement work?

If you lose the case, you do not pay.  The legal fees are written off. We are able to arrange insurance for you which provides full cover for any third party expenses, e.g. medico-legal expert fees, court fees, if the case is unsuccessful.  The insurance premium is deferred and self-insured, which means that if the case is unsuccessful, you do not have to pay a penny.

If you win the case and receive compensation, the defendant will pay the majority of your legal fees and expenses.  You do pay your solicitor a ‘success fee’ from your compensation to reflect the fact that in running your case, the law firm has taken the financial risk and in most cases, will not be paid for many years for the work that they have undertaken.  If there is insurance in place, you will need to pay part of the Insurance premium.  You may also need to pay for any other associated costs with funding the case, such as loan fees or costs that are not recovered from the Defendant.

In a no win no fee case, it is the solicitor that is taking the main financial risk because if they don’t win the case for you, they won’t be paid.  We spend a lot of time reviewing the facts and considering the medical and legal position at the outset as it is in no-one’s interest to run a case that is never going to succeed.  At Tees, this initial assessment is free.  We will not advise you to proceed unless we are confident you have a good chance of winning the case.

Is there any risk in no win no fee?

As long as you take out insurance to cover any third party expenses and any costs you may be ordered to pay the defendant throughout the case, you can pursue the case without carrying any financial risk.

We always recommend that a client takes out insurance and can arrange this for you.  That way, you can pursue your case with absolute peace of mind, provided that you keep your responsibilities under the agreement.  These include co-operating throughout the case, attending any necessary expert examinations and/or court hearings, and giving instructions that allow us to do our work properly.

One important exception to the rule is that if you are found to be fundamentally dishonest by the Court, the no win no fee Agreement will be invalidated and the Insurance Policy will be void.  This means that you will become liable for the full costs of the litigation.

If you’re thinking of starting a no win no fee claim, it’s important that you work with a solicitor who will take the time to discuss all the implications and options.

 How to cancel a no win no fee claim

In certain circumstances, you have the right to cancel the Agreement within 14 days of signature.

After that time, if you wish to cancel the agreement, you need to talk to the solicitor working on your case. They will be able to advise what options are available to you.

BBC News – Cheltenham: Baby death prompts change in hospital’s guidelines

A hospital’s guidelines for referring mums-to-be for specialist maternity help have been changed after the death of a baby at a midwife-run NHS centre.

Margot Frances Bowtell was born 14 May 2020 at a unit in Cheltenham but died of a brain injury at three days old.

A report by the Healthcare Safety Investigation Branch (HSIB) found there was a failure to update mother Laura Harvey’s risk assessment after a bleed.

Solicitor Sarah Stocker of Tees Law said: “The midwives failed to follow national, and the hospital’s own, guidelines on multiple occasions during Laura’s labour.”

Read the full article; Cheltenham: Baby death prompts change in hospital’s guidelines.

Medical negligence: Postnatal PTSD and postnatal depression claims

Postnatal depression and postnatal post-traumatic stress disorder are psychological conditions that can affect parents after their baby is born. They may be caused by difficult or traumatic experiences before, during or just after childbirth.

If you are concerned about the care you received during your pregnancy, and think it might have caused a problem, talk to our birth injury claims specialists. We’ll listen to your experience, and help you find out what happened during your care.

Medical negligence claims – birth trauma

Birth trauma can be devastating for mothers and their families, and the consequences can be wide-reaching. Possible consequences of birth trauma include:

  • the mother may be unable to return to work
  • breakdown of the relationship between the parents
  • difficulty bonding with the new baby
  • psychological difficulties
  • fear of having another child.

Unfortunately, birth trauma can occur as a result of negligent care during pregnancy and delivery. Even if there is no physical harm to mother or child, the circumstances surrounding the birth can be psychologically damaging. If this happened to you, a claim can help provide closure and financial security – for example, if you have been unable to return to work, you may be able to claim for loss of earnings.

What is postnatal depression?

Postnatal depression is a type of depression which can affect new mums and dads after the birth of a baby. It is quite common; about 1 in 10 parents will develop postnatal depression.

The difference between postnatal depression and the ‘baby blues’

‘Baby blues’ can affect women the week they give birth and can cause new mums to feel anxious, depressed, emotional and tearful. This can be particularly upsetting at a time when mums expect to be enjoying their newborn and settle into their new routine. ‘Baby blues’ are very common, and can happen to anyone – even if the delivery was routine and mum and baby are healthy. Normally, the symptoms go away by themselves after just a few days.

Postnatal depression is different to ‘baby blues’. It can affect both mums and dads, lasts longer and can develop up to a year after a baby is born. Unlike ‘baby blues’, many parents need therapy to get through postnatal depression. If you think you might have postnatal depression, you are not alone and there is support available.  If you are worried about your mental health, your doctor should take you seriously and listen to you. Doctors, midwives and health visitors are trained to recognise signs of postnatal depression and can refer new parents for treatment and support.

Causes of postnatal depression

Doctors don’t know exactly what triggers postnatal depression. By nature, birth is a very personal and unique experience and people react differently. Postnatal depression is very common, even if you have had a baby before.  There are many organisations that are able to help you. Doctors and midwives are also able to refer a mother/ father to the appropriate services for management where signs of postnatal depression are spotted.

Research suggests that a difficult experience during birth can increase the risk of developing postnatal depression. Parents who experience one or more of the following may be more at risk:

  • particularly long or difficult labour
  • birth injury to the mother or baby
  • traumatic experience during birth.

Birth injuries to mother or baby can be devastating and difficult for new parents to process. They can make it harder to cope, physically and emotionally, in the months after baby is born.

Similarly, a difficult experience during birth and labour can affect parents for a long time. This can happen even if mother and baby are healthy following delivery. For example, a lack of communication from obstetric and midwifery staff can cause worry and stress during a baby’s birth, and make parents feel that they have no control over the situation. In other cases, parents may not be given enough time to bond with their baby after delivery. The circumstances of the baby’s birth, even if there is no physical injury, can have a long-term effect on parents and your caregivers should be aware of this.

Medical negligence can cause postnatal depression, but it can happen during any birth – even if no negligence was present.

Signs of postnatal depression

The NHS lists the following symptoms as possible signs of postnatal depression:

  • consistent feeling of sadness or loss of interest in the world
  • feeling unable to properly care for the baby
  • difficulty bonding with the baby
  • lack of energy and persistent feeling of tiredness
  • anxiety about the baby.

A full list of symptoms is available on the NHS website.

Postnatal depression can be debilitating. It affects the bond between parents and their new baby. It can also affect relationships within the family unit. Fortunately, it is a widely recognised condition and a lot of help is available. There are a number of charities committed to helping parents with postnatal depression, support groups and therapies available through your doctor. In very serious cases, your doctor may recommend admission to a specialist mother and baby unit.

Recognising the signs of postnatal depression is crucial. New parents should feel confident enough to be open with their midwife, doctor or health visitor about their feelings. Friends and family should also be aware of any unusual behaviour, and encourage parents to talk to their care provider if anything seems amiss.

What is postnatal post-traumatic stress disorder?

PTSD is a serious psychological condition which is caused by experiencing or witnessing stressful, frightening or life-threatening events. PTSD is often associated with situations such as military combat, serious accidents, terrorist attacks and sexual assault. People suffering from PTSD relive the traumatic event and may experience intrusive flashbacks and nightmares about it. Other symptoms include anxiety, insomnia and feelings of isolation and guilt.

Postnatal post-traumatic stress disorder (‘PNPTSD’) can also be called ‘PTSD (AC)’ – post-traumatic stress disorder after childbirth. It is a term used to describe PTSD which develops because of a traumatic experience during childbirth.  It’s a natural reaction to a traumatic experience.

Women with postnatal post-traumatic stress disorder may experience flashbacks of their labour and try and avoid situations that remind them of the experience.

Symptoms of postnatal post-traumatic stress disorder

Every case of birth trauma is different, and the symptoms are very individual and personal.

Possible symptoms of postnatal post-traumatic stress disorder can include:

  • feelings of inadequacy and failure
  • flashbacks or nightmares about the birth (feeling of reliving the experience) or difficulty remembering parts of the birth
  • fear of sex, becoming pregnant again and childbirth (‘tokophobia’)
  • problems bonding with the baby
  • difficulty breastfeeding
  • emotional problems – feeling isolated, depressed or numb.

Women with postnatal post-traumatic stress disorder may feel isolated, and it can be very difficult to talk about what you’re going through. If the baby was born healthy, it’s not uncommon for women to feel as though they should not be feeling this way. Often, this makes the problem worse and can stop women from seeking the support they need.

Birth debriefing if you suffer a traumatic birth experience

If you have a traumatic birth, you can request a debriefing session with the consultant responsible for your care. It’s a chance to ask questions about your care and understand what happened, and why. The session is designed to provide you with answers and help provide some closure after a traumatic experience.

The consultant will go through the events surrounding the birth, and explain why certain decisions were made. The debriefing session can happen at hospital, or once you have been discharged home. It is best to have the session soon after the birth, when you feel able to do so. Some units will offer a debriefing session automatically – but, if you are not offered one, you can request one.

Your partner or family can, with your consent, request a debriefing session on your behalf.

Causes of birth trauma

The Birth Trauma Association lists the following  as the most significant causes of postnatal post-traumatic stress disorder:

  • Mode of delivery: the method used to deliver the baby can be traumatic for the mother. Any type of delivery can be traumatic, and mothers who experience very medicalised, unplanned or invasive deliveries may be more at risk of birth trauma. This includes invasive procedures such as emergency caesarean sections, inductions and instrumental deliveries (e.g. forceps or ventouse deliveries)
  • fear for the mother or baby’s life during delivery: if there is a problem during labour and the mother or baby’s life is at risk it can be a traumatic experience (e.g.  if the baby is premature or in distress)
  • lack of control during labour:  research indicates that it is important for women to feel secure and protected during labour. It can be frightening and traumatic for mothers who experience medical interventions they didn’t plan for, feel they should not have had or didn’t have much information about
  • poor attitudes of care team: the way attending staff treat mothers during labour can have a significant impact on their birth experience. Lack of communication, empathy and understanding from midwives and doctors can make labour harder. Such attitudes can contribute to a loss of control, dignity and privacy
  • inadequate pain relief: mothers should be able to choose what pain relief they want during labour, without fear of judgement by midwives and doctors. When women do not have access to pain relief, or don’t have all the information about the options available to them, it can contribute to a traumatic birth experience. If the labour is particularly long, painful or the mother feels unable to make her own decisions, this can contribute to a traumatic experience
  • lack of support: proper care, and a wider social support network, can contribute to a mother’s sense of protection during and after labour. Without this, new mothers may lack the practical and emotional support they need
  • previous traumatic event: research suggests that, if a woman has experienced PTSD before, she may be more likely to develop postnatal post-traumatic stress disorder.

It is important that women feel safe and supported enough to speak out and ask questions about their birth experience. Having a good support network in place can help with this.

Having another baby after a traumatic birth

Lots of women who suffer a traumatic birth have concerns about getting pregnant again. If you are concerned, talk to your doctor or midwife during your pregnancy. If your care providers are aware of your situation, and your feelings, they should listen to you and support you. You may wish to include this in your birth plan, to remind your midwife during the delivery. Mothers who’ve been through a traumatic birth are encouraged not to internalise their emotions, but to share their thoughts and concerns with a midwife or doctor.

Support following a traumatic birth

There are a number of places which may be able to offer support during pregnancy or following a traumatic birth, including:

  • Your GP
  • Your midwife
  • Your consultant
  • Friends and family
  • Organisations such as the Birth Trauma Association
  • The PALS team at hospitals should you have concerns about your care

If you have concerns over the treatment you received during your pregnancy, in labour, or following birth speak to one of our dedicated birth injuty solicitors who will be able to investigate what happened and why, and provide advice as to whether you have suffered medical negligence.

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

Adultery in divorce settlements

Before 6 April 2022, a person wishing to apply for a divorce had to explain to the court the basis of the breakdown of their marriage by referring to one of five ‘facts’, which included, adultery.  And in other petitions (applications for divorce), based on the fact of ‘unreasonable behaviour’, an applicant could mention that their spouse had had an affair, or even that they suspected as much

But that’s changed with the introduction of ‘no-fault divorce which came in on 6 April 2022.  Now applications for divorce need only confirm that the marriage has broken down irretrievably, not why.

However, some divorces based on adultery (or unreasonable behaviour) started before the rules changed are still ongoing.

Does adultery affect the divorce settlement?

It’s understandable that a spouse who feels wronged – because their husband or wife had an affair or behaved unreasonably in some other way – might feel that they should be entitled to a more favourable financial settlement on divorce and/or that the court should look more sympathetically on them.

But this is a common misconception. In nearly all cases, the reasons for the divorce are not relevant when deciding how the marital assets should be divided or what financial support should continue.

The court doesn’t look to apportion blame or penalise either party, save in very unusual circumstances. The Matrimonial Causes Act 1973 sets out the criteria that are to be used when determining how the couple’s assets should be dealt with (in the absence of an agreement), and what the terms of their financial settlement should be.

So, it’s highly unlikely that the court will take adultery into account when making a decision regarding the financial aspects of the marriage. If you filed for divorce because of adultery, you should not expect to receive a more favourable settlement as a consequence.

The fact that behaviour isn’t a deciding factor when making a financial settlement should discourage spouses from contesting divorce applications on the grounds of adultery or unreasonable behaviour, therefore speeding up what can be a painful process. And this is one of the reasons that the new ‘no fault’ divorce law is such a welcome introduction, enabling people to move forward towards a resolution.

If your marriage breaks down, reaching a divorce settlement with your former partner is key to moving forwards. The settlement can affect you and your family for years, so it’s important to get it right.

Will my children be taken into account in the divorce settlement?

Yes – the needs of any children of the family are always considered paramount. There is no strict formula for how assets should be divided, although there is a broad starting point of equality of the capital resources of the marriage. This includes things like houses, pensions, savings and investments. If the divorcing couple can’t come to an agreement on the division of their financial assets and any financial support needed, the court will decide how these should be dealt with based all the circumstances, including the parties’ ages, the length of the marriage, each party’s earning capacity, health, and what each party to the marriage needs financially going forwards.

Will my divorce settlement be affected if my partner has started a new relationship?

In many instances, the Court will make a ‘clean break’ order, which will completely end the financial arrangements between the parties. However, if the assets aren’t sufficient to permit this, then regular ongoing payments (‘maintenance’) might be made.

If at the time of the negotiations either spouse is cohabiting with a new partner, this might affect the cohabiting spouse’s needs which might have a big impact on a financial settlement. It may be that their new partner contributes financially to outgoings, meaning they will need less financial support from their former spouse. Or, alternatively, if the paying spouse has a cohabitee who contributes to their outgoings, their ability to pay maintenance to their former spouse might be greater.

If you remarry without having reached a financial settlement with your former spouse, you might automatically lose the right to make any financial claim against your spouse.

Any spousal maintenance you receive will automatically stop if you remarry (it doesn’t automatically stop if you cohabit, but your former partner might ask to reduce or stop paying maintenance if you do). If you are receiving maintenance from your former spouse, you should continue to receive it after he or she remarries.

‘No fault’ divorce law

What is no fault divorce?

A ‘no fault’ divorce is one in which the partner within a marriage – who is asking for the divorce – does not have to prove that the other partner did something wrong.

Now there is only one ground for divorce

Instead, your petition (now called application) will simply cite the irretrievable breakdown of the marriage as the ground for divorce.  You will no longer be able to cite factors of adultery, behaviour or separation.

Legislation to bring about a no-fault divorce option, became available to couples on 6 April 2022, having been passed into law on 25th June 2020.

Eradicate the blame game

For people who’ve reached the conclusion it’s better to divorce, to be able to do so without having to wait and apportion blame, is a positive step.  This will likely benefit any children of the family because of the focus on separation, instead of blame. The emotional impact of divorce is a huge challenge for many and it’s rarely taken lightly, particularly where children are involved.

Blame and fault as to the end of a marriage is now almost entirely irrelevant when resolving the financial issues which need to be addressed in the divorce.  This is a very helpful change because in the past when blame was actively required to start the process, there was a tendency to bring questions of ‘blame’ into the financial negotiations.

Important changes to divorce law

The changes certainly do remove much of the emotional content of divorce applications. In summary, the changes:

  • remove the requirement to provide evidence of poor conduct or separation
  • fundamentally restrict the ability to contest divorce proceedings
  • remove the ability to defend the decision
  • allow applications to be made jointly if they wish, or solely if they do not.

Defending divorce proceedings

At the moment, a respondent (the receiver of the application for divorce) can defend proceedings if they do not wish to divorce. In which case, the court must assess whether the fact cited in the petition can be proven on a balance of probabilities. However, the new law, will (save for exceptional circumstances) only allow people to defend a petition on a very limited basis:

  • lack of jurisdiction
  • marriage is not valid (so annulment proceedings are required and not divorce)

Does this give too much power to the person who wants a divorce?

In order to balance this shift towards one person alone being able to get the divorce, the new legislation introduces a mandatory 20-week cooldown period which is called a period of reflection. This runs from application at the start, to the conditional order (currently termed ‘Decree Nisi’) which is the document that establishes that the divorce can go ahead. This is the point where couples can submit what is called a consent order, which deals with their financial claims relating to the marriage. The consent order is submitted to the court for approval and sealing. Once you have the conditional order, the applicant(s) will then have to wait six weeks and one day before applying for the final order (currently termed Decree Absolute).

Is no fault divorce a good thing?

The vast majority of family lawyers believed the laws surrounding divorce should be changed, to allow couples to separate without having to apportion blame to each other and without having to wait at least two years before they can divorce. Divorce is difficult enough without either party being blamed for causing the end of a relationship, particularly when couples have simply grown apart. The legal requirement (which has been the case to date) to assign blame can make it challenging for couples to reach an amicable agreement. It’s also true that it’s often been a distraction for legal professionals, whose focus is to resolve more important issues in a constructive way.

At Tees, the family law team is pleased with this new legislation because it will help people to deal with this difficult period without the added strain of apportioning blame.  It will allow people to concentrate on being able to resolve matters in relation to finances and children, without adding upsetting reasons in the divorce application.

In addition, there is a consensus among family law professionals that the end of the archaic legal language of ‘Decree Nisi/Absolute’ and ‘Petition/Petitioner’ is very much welcomed and makes the process much more accessible and understandable.

Prior to this recent change in the law, the most recent legislation governing divorce was approaching 50 years old. The last divorce legislation was brought into effect in 1973 and was designed to reflect the society of the time and the disapproval of the breakdown of a marriage. No one could suggest that society has not significantly changed in this time and that what was once considered taboo or frowned upon is no longer the case.

Will no fault divorce impact me?

If you are already in divorce proceedings, then there will be no impact on your divorce or its progression. If you are about to start a divorce process, you need to bear in mind the court portal will close in order to prepare for the new divorce rules.  You should therefore begin to prepare your divorce application on the basis of the new rules. Our specialist divorce lawyers can help you with your questions.

Financial arrangements in divorce

Couples who are divorcing often find themselves under increased emotional stress, and they often fail to fully consider the financial impact of their separation. As a result, decisions that are made can have a long-lasting impact on the opportunity for financial security in the future.

Now that no-fault divorce has passed into law, this offers hope for couples who have decided to separate that they can to do so with less conflict and stress. This we hope will help with the process of making important financial decisions about major financial assets, most notably pension arrangements, which can turn out to be detrimental – more often negatively affecting women rather than men.

Pension funds are key to establishing a ‘fair share’

Assets held in pension funds are of vital importance when calculating a ‘fair share’ between couples. These funds are often the second most significant assets owned in a relationship after the family home – and can sometimes be the largest. And yet, they are all too often overlooked when it comes to establishing a financial settlement. Often couples put greater focus on splitting tangible assets, like property, with many under-estimating the impact of mismanaging the split of a pension in divorce.

The law gives the courts wide powers to vary on divorce the way in which pension funds are held by the parties so that fairness can be achieved. This may well involve a varying of the shares held by each party in the capital value of the funds, as well as how the income derived from the funds will be distributed.

The importance of seeking independent financial advice

It is alarming that very few people actively seek specialist independent financial advice on divorce. The impact of this is that many people are missing out on vital pension benefits, with the risk more likely to impact women than men given they often have a less sizeable pension of their own.

If you are going through a divorce, make sure you seek professional advice, both legal and financial as the importance in planning your finances for life after your divorce has been completed cannot be over-emphasized.

At Tees we combine independent financial advice with expert legal advice so you get a fully-joined up view. Our independent financial advisers are experienced in dealing with pensions as part of advising on the settlement of the overall financial arrangements on divorce. Sometimes the pension arrangements involved in divorce settlements can be complex depending on your circumstances and that’s where our experts can provide you with guidance to ensure that your interests are fully protected.

Medical negligence: Cauda Equina Syndrome claims

Tim Deeming, Partner in Tees’, Top Tier Legal 500 Medical Negligence and Personal Injury team, highlights ‘red flag’ symptoms and signs, and the importance of urgent medical intervention for patients showing symptoms of Cauda Equina syndrome. Sadly, if the warning signs are missed, it can have life changing impacts for the patient and their family and lead to a medical negligence claim.

In August 2021, the Healthcare Safety Investigation Branch (HSIB) reported their results of a national investigation into the timely detection and treatment of non-malignant spinal cord compression (cauda equina syndrome).  The investigation was launched after HSIB identified an event where a patient had several GP and hospital presentations before CES was diagnosed. Once an MRI scan identified the cord compression, there were further barriers to receiving timely emergency surgery to alleviate the compression.  This investigation focused on: assessing the resilience, consistency and reliability of the pathway(s) for patients experiencing potential red flags for CES; seeking to understand the context and contributory factors influencing the pathway for patients with CES from their first presentation

reviewing the national context surrounding the timely detection and treatment of spinal nerve compression (CES) in patients with back pain.

What is Cauda Equina Syndrome (CES)?

Cauda Equina Syndrome, or CES, is a potentially devastating condition caused by compression of the group of sensitive nerves located at the base of the spinal cord involved in lower limb sensation and pelvic function known as the Cauda Equina. It can result in bowel, bladder and sexual dysfunction as well as lower limb weakness, numbness and pain as the nerves which are often damaged supply such areas.

CES occurs more often in adults than in children. But it can occur in children who have a spinal birth defect or have had a spinal injury.

What are the risks of delayed diagnosis or misdiagnosis of Cauda Equina Syndrome?

The most significant issue is that it is a surgical emergency to release the pressure on the spinal cord to prevent permanent damage. Delayed diagnosis or misdiagnosis of symptoms can mean this condition can progress to an irreversible stage. Research carried out by the Medical Protection Society (MPS) in 2016 found that failure or delay in diagnosis of CES was one of the top five errors leading to the most ‘expensive’ claims against GPs.

The study led to the MPS working with the National Institute for Health and Care Excellence (NICE) to produce revised ‘red flag’ guidelines that were published in 2018. The intention was to help healthcare professionals diagnose the condition and increase referrals for urgent investigation and medical intervention.

It is still too early to say whether the new guidance has made a significant difference to practice. However, it is hoped GPs are becoming more risk averse when providing advice to patients who may be at risk of CES, by referring them to hospital for detailed investigations.

What are the ‘red flag’ symptoms and signs of Cauda Equina Syndrome?

The National Institute for Health and Care Excellence (NICE) lists the following red flag symptom and signs:

  • Bilateral sciatica – occurs in both legs together. This type of sciatica is rare and may occur due to degenerative changes in the vertebrae and or the disc at several spinal levels or from Cauda equina syndrome
  • Severe or progressive abnormal function of the legs, such as major motor weakness with knee extension, ankle and or foot movement
  • Difficulty passing of urine and incontinence
  • Loss of rectal sensation which if untreated can lead to irreversible incontinence
  • Loss of feeling, tingling or numbness
  • Weakness and or numbness in the anal sphincter

What are the most common causes of cauda equina syndrome?

  • A severe ruptured disk in the lumbar area (base of the spine)
  • Narrowing of the spinal canal (stenosis)
  • A spinal lesion or malignant tumor
  • A spinal infection, inflammation, hemorrhage, or fracture
  • A complication from a severe lumbar spinal injury such as a car crash, fall, gunshot, or stabbing
  • A birth defect such as an abnormal connection between blood vessels

The potential long-term effects of Cauda Equina Syndrome (CES) can have a life-changing impact on patients and their families. Some patients with persistent back problems, neurological symptoms or concerns that something has gone wrong with their treatment, often do not realise that they are suffering from Cauda Equina Syndrome.  It is therefore important to seek urgent medical advice if you have any of the warning signs.

How is Cauda Equina Syndrome treated?

If you have Cauda Equina Syndrome (CES), it is vital you receive immediate treatment to relieve pressure on the affected nerves. Surgery must be done quickly to improve recovery and prevent permanent damage, such as paralysis of the legs, loss of bladder and bowel control, sexual function, or other problems.

It is often best if this occurs within 48 hours of the onset of symptoms, but this depends on the cause of the compression and severity of the symptoms. Depending on the cause of your CES, you may also need high doses of corticosteroids which can reduce some swelling. If you are diagnosed with an infection you may need antibiotics. If a tumor is responsible, radiation or chemotherapy may be needed after surgery.

Common medical negligence claims relating to Cauda Equina Syndrome

Unfortunately, there are still common themes in compensation and settlement case studies such as:

  • Patients not being advised of the ‘red flag’ warning signs or presenting with worsening lower back pain radiating into their legs being dismissed as sciatica
  • Failure to pay sufficient attention to a relevant medical history leading to patients not being referred for an emergency MRI scan and emergency surgery
  • Delay, misdiagnosis and poor treatment in A & E departments
  • Delay in hospitals performing an MRI scan of the lumbar spine, causing irreversible damage
  • Following an MRI scan which demonstrates cauda equina nerve compression, an avoidable delay in transferring the patient to a hospital where the required spinal surgery could be carried out, again causing irreversible damage
  • Substandard medical care – spinal operations such as a lumbar discectomy and decompression being performed in an inappropriate manner
  • A haematoma (collection of blood) developing during surgery, creating pressure on the nerve roots and causing CES, even where the patient had no CES symptoms prior to surgery

Even with treatment, some patients may not retrieve full function, it depends on how much damage has occurred both given the length of time and severity of the compression. If surgery is successful, you may recover some bladder and bowel function

How we can help

If negligently treated, Cauda Equina Syndrome could ultimately lead to lifelong paralysis and the need for full time support.  This in turn may have consequences on mental health, relationships and cause financial hardship.

In these circumstances, the law seeks to award compensation to help you deal with any continuing problems and to maximise your potential rehabilitation and quality of life.  While no sum of money can compensate the difficulties you may face, our specialist team are here to help.

We have specialist lawyers within the team including Tim Deeming who has successfully pursued cases on behalf of clients who have suffered CES and often obtained compensation of six/seven figures that will provide the help needed for the client and family’s future.

No win, no fee

We work on a no win, no fee basis, so there’s no need to worry about costs. Plus, our specialist solicitors provide an initial free assessment of your claim.

Ectopic pregnancy: Medical negligence claims

Failure to diagnose, or misdiagnosing an ectopic pregnancy can be very distressing for an expectant mother. If left untreated, an ectopic pregnancy can tear or rupture the fallopian tube, which is not designed to accommodate a growing embryo. An ectopic pregnancy can sometimes lead to severe, life-threatening internal bleeding.

National incident data from the NHS shows that between April 2017 and August 2018 there were 30 missed ectopic pregnancies leading to ‘serious harm’.  The Healthcare Safety Investigation Branch (HSIB) carried out a national investigation into the diagnosis of ectopic pregnancy which considered referral from emergency departments to early pregnancy services; the provision of early pregnancy services to diagnose and manage ectopic pregnancy; the information that women receive on discharge from the emergency department and made four safety recommendations.

Caring and sensitive support with Tees

Whatever your situation, our legal specialists are here to help guide you. Our expert clinical negligence lawyers can handle your ectopic pregnancy misdiagnosis claim from the initial consultation through to financial settlement.

Ectopic pregnancy misdiagnosis medical negligence claim

Doctors owe a duty of care to diagnose ectopic pregnancies and provide treatment in a professional and timely manner. An ectopic pregnancy misdiagnosis claim may arise whenever this duty is breached and the patient suffers injury as a result. Here are some examples of events that may give rise to a claim for ectopic pregnancy misdiagnosis:

  • misinterpretation of pregnancy test results such as blood tests and scans
  • misdiagnosis, for example, mistaking an ectopic pregnancy for a uterine miscarriage
  • failure to diagnose the condition when a woman presents with symptoms pointing to a possible ectopic pregnancy
  • a delay in diagnosing the condition causing a woman to undergo more invasive surgery than would have been necessary.

Gwyneth Munjoma, solicitor in Tees’ clinical negligence team, looks at the risk factors and associated symptoms – and what to do if you suffered from an ectopic pregnancy and believe that the condition could have been managed better by the doctors or nurses who attended to you.

What is an ectopic pregnancy?

An ectopic pregnancy occurs when a fertilised egg (embryo) implants and grows outside the cavity of the uterus (womb). Where an ectopic pregnancy occurs within the fallopian tube it is called a tubal pregnancy. A tubal pregnancy is the most common type of ectopic pregnancy. This happens when a fertilised egg gets stuck in the fallopian tube on its way to the uterus.

Normally, a fertilised egg travels down the fallopian tube to the uterus where it embeds itself and grows. An embryo stuck in the fallopian tube will not develop into a baby and your health may be at risk if the pregnancy continues.

In the UK, around 1 in every 90 pregnancies is ectopic. This is around 11,000 pregnancies a year. Depending on the stage at which the ectopic pregnancy is diagnosed, it can be treated using a drug called methotrexate or by an operation to remove the fallopian tube.

What problems can occur with an ectopic pregnancy?

Fallopian tubes can be damaged by inflammation or can be misshapen. Once an egg is fertilised it starts to grow rapidly. If a fallopian tube is damaged or misshapen, the rapidly growing embryo is unable to continue its journey to the uterus and gets stuck within the fallopian tube.

An embryo stuck in the fallopian tube cannot progress to a successful pregnancy, because it is restricted by the lack of space within the fallopian tube. As the embryo grows, the tube stretches and eventually may rupture; this can cause life-threatening internal bleeding, if not treated promptly.

Sometimes, an ectopic pregnancy will occur in other sites of the abdomen such as in the ovary, in the abdominal cavity or in the cervix.

What are the symptoms to look out for?

In most cases of an ectopic pregnancy, a woman will experience the early signs or symptoms of pregnancy, i.e. misses a period, breast tenderness and nausea. A pregnancy test will be positive. The first sign of an ectopic pregnancy may be pain in the pelvic area sometimes accompanied by light vaginal bleeding. Where there is internal bleeding the woman may feel shoulder pain as the pooling blood irritates the nerves.  Symptoms may be variable, and a high index of suspicion should be exercised.

When should I seek help?

Seek emergency medical help if you think you are pregnant and experience any of the following:

  • severe abdominal or pelvic pain
  • vaginal bleeding
  • extreme lightheadedness or fainting
  • other concerning symptoms, especially if you have risk factors for an ectopic pregnancy.

What doctors have to consider

Ectopic pregnancy must be excluded for all women presenting with abdominal pain in early pregnancy. Successive reports into maternal deaths have highlighted the perils of not excluding an ectopic pregnancy in the circumstances.

Some things that make you more likely to have an ectopic pregnancy are:

  • Previous ectopic pregnancy. If you’ve had this type of pregnancy before, you’re more likely to have another.
  • Inflammation or infection. Sexually transmitted infections, such as gonorrhea or chlamydia, can cause inflammation in the tubes and other nearby organs, and increase your risk of an ectopic pregnancy.
  • Fertility treatments. Some research suggests that women who have in vitro fertilization (IVF) or similar treatments are more likely to suffer an ectopic pregnancy.
  • Tubal surgery. Surgery to correct a closed or damaged fallopian tube can increase the risk of an ectopic pregnancy.
  • Choice of birth control. The chance of getting pregnant while using an intrauterine device (IUD) is rare. However, if you do get pregnant with an IUD in place, you may be at increased risk of suffering an ectopic pregnancy. Tubal ligation, a permanent method of birth control commonly known as “having your tubes tied,” also raises your risk, if you become pregnant after this procedure.

Cigarette smoking just before you get pregnant can increase the risk of an ectopic pregnancy. The more you smoke, the greater the risk.

What is the treatment for an ectopic pregnancy?

The management of ectopic pregnancies has shifted towards medical rather than surgical intervention. The drug methotrexate has been successfully used for many years now. Methotrexate kills the pregnancy cells and any pregnancy tissue is then progressively absorbed.

In the event that it is too late to use methotrexate, the affected fallopian tube can be removed through keyhole surgery (laparoscopic surgery). However, in cases where it is not possible to successfully remove the fallopian tube through keyhole surgery, the abdomen is opened (laparotomy) and the tube is removed.

Do I need to register my Trust with HMRC?

Changes to the law have significantly expanded the scope of trusts that need to be registered on the HMRC Trust Register. Trusts affected by the new changes must register with TRS by 1 September 2022.

Following the Fourth Money Laundering Directive, a Register of Trusts, maintained by HMRC was introduced, which is known as the Trust Registration Service or “TRS”. This imposed requirements on various trusts, including requirements to provide certain details about the trust for inclusion on the Trust Register and to keep those details up to date. The information to be provided includes details of the trustees and certain beneficiaries and certain information about trust assets.

The rules as to which trusts were required to register with the TRS are complex but, broadly, registration is generally required (with certain exceptions) where the trust has a liability to UK tax.

As a result of the Fifth Money Laundering Directive, the scope of trusts that need to register with TRS has been significantly expanded and now includes most UK trusts (even if they don’t pay UK tax) and non-UK trusts with certain UK connections. There are some exceptions, but these are limited. Trusts affected by the new requirements must register with TRS by 1 September 2022.

It should be noted that the definition of a “trust” for the purposes of these requirements is very wide: for example, the registration requirements apply to most fixed trusts (trusts fixed for the absolute benefit of certain individuals) and to properties where not all the beneficial owners are registered as owners at the Land Registry (subject to certain exemptions).

Example:
Cathy’s late husband, Derek, died in 2001. In his Will he left a gift of his available Inheritance Tax “nil rate band” to a discretionary trust and the rest of his estate to Cathy. The trust, which is still in existence, was funded by a charge over Cathy and Derek’s home. No income has been generated from the trust fund and the trust has never triggered any liability to UK tax.

The trust is now required to register with TRS and should do so by 1 September 2022.

Financial and other penalties may be applied against trustees who fail to register on time, and, in extreme cases, criminal sanctions may apply.

Further information about the trust registration requirements can be found on the gov.uk website.

What should I do?
Trustees of trusts not already registered with TRS should review the new rules and consider whether they need to register.

If you would like us to advise you on the new rules or assist with registration of the trust, please contact our Trust Team on the details shown below.

Call our specialist solicitors on 0800 013  1165

Family mediation: A complete guide

Family mediation can be a practical and effective way to resolve disputes when a relationship breaks down. It provides a structured environment for couples to reach an amicable agreement, often avoiding the stress and expense of a lengthy court battle.

Understanding family mediation

Family mediation is a voluntary process where a neutral mediator helps couples negotiate and resolve issues arising from separation or divorce. It’s designed to promote respectful communication, enabling both parties to find mutually agreeable solutions.

When is family mediation helpful?

Family mediation can assist when couples face challenges agreeing on matters such as:

  • Division of assets and finances
  • Property arrangements
  • Child custody and visitation schedules

It’s a preferred alternative to court proceedings, often resulting in quicker and more cost-effective resolutions.

How does family mediation work?

Step 1: Initial assessment (MIAM)

Your mediation journey typically begins with a Mediation Information and Assessment Meeting (MIAM). This one-on-one session allows the mediator to understand your situation, explain the mediation process, and determine whether it’s a suitable option.

Step 2: Joint mediation sessions

Once both parties agree to proceed, joint mediation sessions commence. The mediator facilitates discussions, helping both individuals communicate effectively. Key areas of focus may include:

  • Finances: Dividing savings, pensions, and debts fairly
  • Property: Deciding on ownership, sale, or buy-out arrangements
  • Children: Establishing custody schedules and parental responsibilities
Step 3: Resolution and documentation

After productive discussions, the mediator will draft a Memorandum of Understanding detailing the agreements reached. While this document isn’t legally binding, it can be converted into a consent order by a solicitor, making it enforceable by law.

Benefits of family mediation

Choosing mediation offers numerous advantages, including:

  • Cost-effective: Typically more affordable than court litigation
  • Faster resolution: Agreements can often be reached within weeks
  • Control over decisions: You remain in control rather than relying on a judge’s ruling
  • Reduced conflict: Encourages respectful dialogue and compromise

Is mediation legally required?

In most cases, couples must attend a MIAM before pursuing court action. However, exceptions apply in instances involving:

  • Domestic abuse or safety concerns
  • Child protection issues
  • Bankruptcy
  • International jurisdiction matters

Costs of mediation

The cost of mediation varies depending on the complexity of your case and the number of sessions required. However, it remains significantly cheaper than court proceedings.

What happens if mediation fails?

If mediation doesn’t lead to an agreement, you can explore alternative dispute resolution options such as arbitration or proceed to court. Seeking legal advice from a specialist family law solicitor is recommended.

Family mediation case study

Case overview: Abigail and Graham faced disagreements over child custody, financial settlements, and property division after their separation. Mediation was recommended to avoid court intervention.

Resolution: Through five mediation sessions, both parties identified their priorities. The mediator facilitated financial disclosure, ensuring transparency. Ultimately, a fair financial arrangement allowed Abigail to remain in the family home while Graham accessed liquid savings to purchase a new property. Child custody arrangements were also amicably agreed upon.

Outcome: Mediation enabled Abigail and Graham to reach a mutually beneficial agreement without resorting to court, reducing stress and legal costs.

Conclusion

Family mediation is a constructive way to navigate the challenges of separation or divorce. By fostering communication and collaboration, it offers a path toward amicable resolutions that prioritise the well-being of all parties involved. If you’re considering mediation, contact a qualified family mediator to explore your options.

ROP Retinopathy of prematurity – delayed diagnosis claims

Premature babies are at risk of an eye disease called Retinopathy of Prematurity (ROP), which may, in serious cases lead to blindness.  This is why premature babies should be regularly screened in line with the 2008 National Guidelines.

In most cases, even if a baby does develop ROP, it will resolve spontaneously and treatment will not be needed.  For a small number of babies, ROP worsens, often very rapidly, but with timely treatment the prognosis is good.

What is retinopathy of prematurity?

Retinopathy of prematurity (ROP), also called retrolental fibroplasia (RLF) and Terry syndrome is where the blood supply to the retina does not develop normally as a consequence of being born prematurely. The retina is the layer of tissue that lines the back of the eye and makes it possible to see.

Your baby’s eyes begin to develop around the 16th week of pregnancy.  If he or she is born very early, this process is cut short.  The blood vessels in the inner retina do not develop a blood supply until much later in the pregnancy and this process does not complete until the end of the pregnancy.  Therefore, if your baby is born prematurely, the inner retina has an incomplete blood supply. The more premature the birth, the less complete the blood supply present.

In most cases, the premature baby’s eyes will develop normally. However, in some cases, the blood vessels in the inner retina do not grow normally.  They may grow into other parts of the eye such as the clear gel that fills the space between the lens and the retina of the eyeball and cause bleeding/leaking.   The vessels may also change physically, to pull the retina, and, if extensive enough, cause the whole retina to detach from the eye.

Over time, these blood vessels and the associated scar tissue can cause other serious vision problems, such as:

  • Crossed eyes (strabismus)
  • Increased eye pressure (glaucoma)
  • “Lazy eye” (amblyopia)
  • Near-sightedness (myopia)

The good news is that with early diagnosis and treatment, most babies will retain a normal structural eye, with good vision.

Retinopathy of prematurity medical negligence claims

Sadly, ROP occasionally gets missed and by the time it is detected, the baby has suffered permanent visual loss.  Janine Collier, Head of the Medical Negligence team at Tees, has specific expertise in helping families whose child has suffered permanent visual impairment because of a failure to detect and treat ROP. If your baby has suffered visual loss as a result of late diagnosis you may be eligible for compensation. Read on to find out more about this condition or click below to speak to a specialist solicitor.

What are the risk factors for ROP?

The risks increase with increased prematurity and the smaller your baby is at birth, the greater the chance of her or him having ROP.  There are other factors which contribute to the risk including:

  • Ventilation
  • Bronchopulmonary dysplasia
  • Chronic lung disease
  • Other inter-current illnesses such as infections, cardiovascular instability
  • Poor post-natal weight gain

How do I know if my baby has ROP?

All infants who are at risk for it should be screened in line with the 2008 National Guidelines. The timing of the first screening examination will depend on your baby’s gestational age at birth.

The baby is given eye drops to make her or his pupils larger ahead of the examination.  This helps the doctor see all the parts of the eye better. It doesn’t hurt.

As the screening is not an especially comfortable examination, local anaesthetic eye drops are usually used alongside comfort care techniques, such as swaddling, oral sucrose or expressed milk, a dummy / pacifier.  Experienced ophthalmologists can usually undertake the examination in 2-3 minutes.  Each eye is fully examined to check for ROP.

Screening is usually carried out two-weekly, and, if no cause for concern, stops at around 36 weeks gestational age.

If the ophthalmologist identifies early signs of ROP, the interval may be shorter as the doctor will watch to see if the condition requires treatment, or if it resolves spontaneously.  Most babies with ROP will resolve spontaneously.

If my baby has ROP, what treatment will he or she need?

In the UK, approximately 4% of cases require treatment.  The purpose of treatment is to preserve the anatomy of the retina, by preventing retinal detachment.

If the doctor recommends treatment, this is usually given within 48-72 hours and most commonly, it is treated with laser to the affected part of the retina.

Your baby may suffer some side effects, including inflammation (typically treated with a short course of steroid eye drops and pupil dilating eye drops for 1 to 2 weeks).  Rarely, other side effects may occur. Your baby’s doctor should explain these to and discuss these with you prior to treatment.

I am worried about the care my baby is receiving – what should I do?

You might already have tried to talk to doctors about your baby’s condition but sometimes it can feel like you’re on your own. With Tees by your side, you are not.  We understand what you’re going through, and we’re here to give you a voice.

We’ve handled many medical claims and have a particular expertise in supporting families with babies and young children, so our team of lawyers really do have the practical experience to support you. We’re persistent, and we’ll fight to get answers for you and you may be eligible for compensation.

Retinopathy of prematurity: Case studies

Baby A: Rentinopathy of prematurity due to inadequate care

Baby A was born prematurely at 25 weeks and 4 days gestation by caesarean section. He suffered respiratory distress, was intubated and transferred to the NICU for a period of intensive care and specialist support.  He remained ventilated for 9 days, spent 22 days in Intensive Care and 7 days in the high dependency unit.  During his admission, he received antibiotic treatment for sepsis, insulin for hyperglycaemia and two blood transfusions.

Baby A’s parents understood that he was at risk of ROP.  However, his parents also understood that their baby would be regularly screened, so that if there were signs of ROP, he could receive treatment, significantly reducing the risk of loss of vision.

Five weeks after birth, Baby A had his first screening for ROP. At the time of the exam, Baby A was still small and in an incubator. When screened, each eye examination took around 10 minutes. Parents were advised that he would be screened every two weeks.

Baby A was transferred to a Special Care Baby Unit at a local hospital.  Parents felt that the care at the local hospital was very different to what they had experienced at the previous hospital. They felt the staff treated them as over anxious young parents and did not encourage them to be a part of their baby’s care, which was unlike their experience at the previous hospital.

Whilst at the local hospital, Baby A was screened twice for ROP over a six-week period. Prior to being discharged, the Ophthalmologist spent an extended period of time examining Baby A’s eyes. During the exam the Ophthalmologist cut the white part of Baby A’s eye.  After a time the despite the Ophthalmologist being unable to get a clear view, Baby A was discharged from hospital.

At a paediatric follow up the following month, Baby A’s parents told the Paediatrician that they were worried about his eyes as he would not look, follow or track.  The Paediatrician said that it was just because he was a young premature baby and that they should not worry.

One month later, Baby A was referred to Great Ormond Street (GOSH) for assessment. Baby A’s parents were told that he had suffered significant and severe visual loss, equivalent of Stage 5 ROP / retinal detachment in the left eye and Stage 4a ROP in the right eye.

Baby A had surgery on the right eye at GOSH.  The estimate is that post-operation he may have 2% vision in his good right eye since having the operation.  It was not possible to offer Baby A any treatment for his left eye.

The outcome

The hospital that treated Baby A has admitted that the diagnosis of ROP should have been made several weeks earlier and that laser treatment should have been offered within 48-72 hours of diagnosis.  Now that liability has been admitted, we are seeking an interim payment to put in place some immediate support for Baby A and his family (aids, appliances, accommodation, educational support).

As a result of a review, the hospital has changed their process and procedure for ROP screening. The Ophthalmologist no longer undertakes ROP screening and the Paediatrician no longer reviews premature babies.


Baby C: Late diagnosis of retinopathy of prematurity

Baby C was born at 24 week’s gestation, weighing c. 600 grams.  She suffered several complications because of her extreme prematurity including Respiratory Distress Syndrome, Chronic lung disease, Hypertension, a patent ductus arteriosus, sepsis, hyperglycaemia and necrotizing enterocolitis.

Due to her prematurity and low birth weight, C was at high risk of suffering from ROP.

Baby C was examined by an ophthalmologist at, 7 weeks old, 8 weeks old, 9 ½ weeks old

On all occasions, it was noted that there was no ROP.

At ten and a half weeks of age, Baby C was again examined. The ophthalmologist found and recorded a “definite progression of ROP stage 3 zone 2 in both eyes, + disease”.

Treatment by both laser and cryotherapy was undertaken, but, the disease being so extensive now, was unsuccessful.

ROP behaves in a highly predictable manner and, we were, therefore, able to infer that at the time of the examination when C was 9 ½ weeks of age, it is implausible that there was no ROP present.  The examination must, therefore, have been substandard.  With a competent examination, C would have been referred for urgent laser treatment and, on the balance of probabilities, she would have retained good functional vision in both eyes.

Baby C lost all vision in her left eye, and has a shrunken eye.  She has lost most useful vision in her right eye.  She is at risk of retinal detachment, retinal degeneration, the need for surgical treatment of the band keratopathy, glaucoma and shrinkage of the right eye.

C also suffers from learning, behavioural and social difficulties because of her extreme prematurity.  Her visual impairment has compounded her other developmental problems.

This case has now settled for a six figure sum.

Birth injuries to mothers: Medical negligence claims

Birth related injuries to mothers can be absolutely devastating, and can have long-term effects. They can affect personal relationships, careers and mental health.

Some childbirth injuries are unavoidable, and they can be a natural part of having a baby. Childbirth injuries can have an impact on the psychological and/or physical well-being of a woman. Injury can occur during any pregnancy, even if the mother has no risk factors and the pregnancy is deemed to be normal. Sadly, some injuries are caused, or made worse, when midwives and doctors make mistakes during a mother’s pregnancy, labour or delivery.

Medical negligence claims for maternal birth injury

If you believe that you may have suffered a birth injury, or think that your labour and delivery may have been mismanaged or a mistake made during your care caused the problem, you might have a medical negligence claim.

Doctor or midwife negligence can cause birth injuries which affect mothers and their families for the rest of their lives.  The effects of childbirth injuries are very personal and individual, but possible consequences include:

  • physical symptoms which affect your quality of life, such as incontinence
  • mental health problems, such as postnatal post-traumatic stress disorder or depression
  • relationship breakdown
  • problems bonding with your new baby
  • being unable to return to work because of your symptoms

If you suffered a birth injury, are worried about the care you received, and think it might have caused a problem you may be eligible for birth injury compensation. Our maternal birth injury claims solicitors understand what you’re going through, and we can help you get answers about your care.

Find out more about childbirth injuries claims.

Common types & causes of birth injuries to mothers:

Vaginal tears during childbirth

About 9 in 10  women suffer perineal tears when the perineum (the skin between the vagina and anus) stretches as the baby is born. Most perineal tears are quite minor and should heal naturally within a short time after the baby is born. However, more serious tears can also extend to the vulva (external genitals) and muscles in the anus (back passage). These require repair, take longer to heal and may have long-term effects.

Types of tears during childbirth

First degree tears are skin-deep and only affect the outermost layer of skin around the vagina and perineum. You may need a few stitches, but normally they heal quickly. First degree tears have the best chance of quick recovery with minimal pain. Normally, there is no long term damage. Your midwife will decide in consultation with you, whether it is necessary to stitch your first degree tear or not.

Second degree tears are deeper tears, involving the muscles of the vagina and the skin around the anus. Stitches are normally required to help the tear to come together and heal. Dissolvable stitches are usually used, so that the mother doesn’t need to have them removed.  Second degree tears can be quite painful and recovery normally takes a few weeks. Your midwife will examine the tear from time to time to ensure that it is healing well. You should report any signs of unusual discomfort or signs of infection to your midwife.

Third and fourth degree perineal tears are the most serious form of tears during childbirth. These types of tears are typically deeper and more serious. Third degree tears damage the anal sphincter (the muscle which controls the anus).  Fourth degree tears also involve the lining/muscles of the anus. Third and fourth degree tears are unpredictable. The Royal College of Obstetricians and Gynaecologists (RCOG) lists the following as risk factors:

  • the mother’s first vaginal delivery
  • the second stage of labour is particularly long
  • shoulder dystocia during delivery
  • the baby is large (over 8 pounds 13 ounces)
  • labour is induced
  • an assisted delivery (for example, if forceps or ventouse are used).

If you are concerned about suffering a serious tear during birth, you can talk to your or midwife or doctor about it during your antenatal care. They may be able to recommend measures to help reduce the risk of a serious tear, such as perineal massage. Perineal massage helps the perineum to be more elastic and can help reduce the risk of it tearing as your baby is born. Another option is an episiotomy, a procedure designed to reduce the risk of a serious tear.

What is an episiotomy?

An episiotomy is a surgical incision made by a doctor or midwife during childbirth. It is a deliberate cut designed to expedite delivery and help reduce the risk of uncontrolled tearing of the perineum. This incision makes the opening of the vagina wider, so there’s more room for the baby to pass through.

There are two types of episiotomy you might hear about:

midline episiotomy – a cut from the vagina directly towards the anus (rarely done)
mediolateral episiotomy – a cut from the vagina, but angled off to one side of the perineum. Mediolateral episiotomies are more common in the UK.

Midwives and doctors should only recommend an episiotomy if there is a medical need, or the mother specifically requests one. It may be the best course of action if your baby is in distress and needs to be born quickly, if they are in a difficult position or if you are having an instrumental delivery using forceps or ventouse.

Some women may prefer an episiotomy over a spontaneous (natural) tear. Spontaneous tears can cause serious, lasting damage to the muscles around the vagina and anus but are said to heal better. Studies show that episiotomies reduce the risk of suffering a serious tear. Your doctor should explain the risks and benefits of an episiotomy to you before performing one.

Failure to identify and repair tears following childbirth

If you suffer a perineal tear, your caregivers should identify the tear at delivery and manage it appropriately. You can also find more information and support regarding perineal tears from the charity MASIC (Mothers with Anal Sphincter Injuries from Childbirth).

Following delivery and for the rest of your postnatal care, your midwife will ask you about the condition of your perineum and where necessary examine the perineum. Care of your perineum forms part of your post-natal midwifery follow up. Serious tears and episiotomies can, unfortunately, cause a great deal of suffering if they are unnoticed and not repaired at the time of delivery or if they’re repaired poorly.  For example, they can cause complications such as:

  • incontinence – lack of control to pass faeces (stool) and/or wind
  • rectovaginal fistula – a serious tear can cause a hole in the wall between your vagina and your anus, which can cause faeces to pass through into the vagina
  • pain and soreness – the tear may make it difficult for you to sit for a long time, or be very active
  • stinging pain when passing urine
  • pain during sexual intercourse.
  • scarring.

It may also mean you need another procedure to correct the damage (secondary repair), causing further pain and distress.

If you suffered a third or fourth degree tear, if this was not identified and repaired at the time of delivery, and if you suffer continuing problems as a consequence, please contact our Obstetric Anal Sphincter Injury experts, Janine Collier and Gwyneth Munjoma for compensation advice.

Post-natal depression (PND) and post-natal post-traumatic stress disorder (PTSD)

A negative experience before, during or shortly after childbirth (‘birth trauma’) can affect mental health and wellbeing. Negative experiences during childbirth are highly personal, and everyone reacts differently.  However there are some common signs and symptoms, for example:

  • difficulty bonding with the baby
  • a sense of ‘failure’ – that the circumstances surrounding baby’s birth were somehow their fault
  • feeling isolated or guilty
  • avoiding situations reminiscent of the birth (going to hospital, seeing birth depicted on television).

Many mothers suffer in silence. However, post-natal PTSD and post-natal depression needs the right treatment and support. Get further information about psychological damage after childbirth.

If you suffered post-traumatic stress disorder or post-natal depression following a traumatic delivery contact our experts Gwyneth Munjoma or Janine collier for advice.

Post-partum haemorrhage (PPH)

Women experience some blood loss after giving birth. Vaginal bleeding is normal for about 2 to 6 weeks after the baby is born. The bleeding is normally heaviest in the days immediately after delivery, becoming gradually lighter over time.

However, some women experience abnormally heavy bleeding, which can be dangerous. This is called a post-partum haemorrhage (PPH). There are two types of PPH:

  • primary or immediate PPH – heavy bleeding within 24 hours of the baby’s birth
  • secondary or delayed PPH – heavy bleeding after 24 hours, and up to 6 weeks after the baby’s birth.

Primary PPH happens in about 5 in 100 pregnancies. Normally, about 500ml (1 pint) of blood may be lost. However, in very rare cases, a particularly severe haemorrhage can lead to blood loss of around 2L (4 pints) or more.

Secondary PPH is rarer and affects less than 2 in 100 women. It normally happens if the mother suffers an infection following delivery. A major bleed can be life threatening. Midwives and doctors are trained to recognise situations where a mother is at high risk of suffering a PPH. They should take the necessary steps in order to reduce the chance of a haemorrhage – or prevent it altogether.  And, if a haemorrhage does occur it is important to treat it quickly.  Doctors and midwives are trained in controlling heavy bleeding.

If you suffered a post-partum haemorrhage and are concerned about the medical care you received contact Janine Collier  or Gwyneth Munjoma for advice.

Ruptured uterus

A ruptured uterus is a serious complication during pregnancy. It happens when the wall of the uterus (womb) tears during pregnancy. It’s more common in women who have previously had a caesarean section, at the site of their caesarean section scar.

It is very important that doctors and midwives diagnose and treat a uterine rupture promptly. A ruptured uterus is considered a medical emergency because it can be life-threatening to both the mother and the baby and cause serious damage to the health of the mother and baby.

First line treatment is urgent caesarean section and uterine repair if possible (hysterectomy if not).  Usually, the mother loses a lot of blood and needs a transfusion and antibiotics to reduce the risk of infection.  It can take a little time to recover from losing so much blood and the surgery itself.  Women who have more children in the future will need a caesarean section.

If you suffered a ruptured uterus and are concerned about the medical care you received contact our maternal birth injuries experts, Janine Collier  or Gwyneth Munjoma for advice. 

Prolapsed uterus

Childbirth can also cause pelvic organ prolapse. This is where one of more of the pelvic organs bulges into the vagina. It’s quite common, and the NHS states  that up to half of mothers are affected by some level of prolapse.

Pelvic organ prolapse is more likely in cases where labour was particularly long or difficult, or the baby was particularly large.

A prolapse of the uterus (womb) happens when the uterus slips out of its normal position and down into the vaginal canal. Most of the time, a prolapsed uterus or other pelvic organ isn’t life-threatening. However, it can affect the mother’s quality of life and general wellbeing significantly. Possible symptoms include:

  • urinary incontinence
  • pain during sex
  • a feeling of heaviness in the vagina and/or perineal area.

Many cases of a pelvic organ prolapse can be managed through pelvic floor exercises, treating any constipation and weight loss (if appropriate). However, if you suffer a serious prolapse it might require more invasive treatment such as a hysterectomy (removal of the womb, which means the woman cannot have any more children) or surgical repair of the pelvic floor muscles.

If you suffered a prolapsed uterus and are concerned about the medical care you received talk to our maternal birth injuries experts, Janine Collier  or Gwyneth Munjoma. 

Medical negligence claims for maternal birth injuries

If you believe that you may have suffered a birth injury, or think that your labour and delivery may have been mismanaged or a mistake made during your care caused the problem, you might have a medical negligence claim.

Doctor or midwife negligence can cause birth injuries which affect mothers and their families for the rest of their lives.  The effects of childbirth injuries are very personal and individual, but possible consequences include:

  • physical symptoms which affect your quality of life, such as incontinence
  • mental health problems, such as postnatal post-traumatic stress disorder or depression
  • relationship breakdown
  • problems bonding with your new baby
  • being unable to return to work because of your symptoms

If you suffered a birth injury, are worried about the care you received, and think it might have caused a problem you may be eligible for birth injury compensation. Our maternal birth injury claims solicitors understand what you’re going through, and we can help you get answers about your care.