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Woman suing NHS trust after blade broke off during surgery and lodged itself in her body
Woman suing NHS trust after blade broke off during surgery and lodged itself in her body

The Guardian

time09-06-2025

  • Health
  • The Guardian

Woman suing NHS trust after blade broke off during surgery and lodged itself in her body

Jane Harvey* suffered horrendous physical and mental consequences when, during an abdominal hysterectomy in October 2023, the tip of one of the surgeon's blades broke off and lodged inside her without any of the operating theatre staff noticing or an X-ray spotting it. As a result the 44-year-old had to undergo further surgery to remove the mislaid blade part and stay in hospital longer than planned, needed extra time to recover and suffered nightmares, panic attacks and loss of appetite. She is now suing the NHS trust concerned for damages because of her experience. She was 'shocked, horrified and upset' when she learned that surgeons had left some of their kit inside her. She was also worried after being told that she was at increased risk of infection, which meant she had to take antibiotics. Given what had happened, the thought of having a second operation left her 'drained and scared'. Harvey, an administrator in a law firm, ended up 'paranoid and anxious' that not all the surgical equipment had been safely removed. She felt constantly sick that something was in her body that should not be there and lost her desire to eat. She also lost trust and confidence in those treating her. 'This case is a shocking example of how faulty medical equipment, compounded by failures in surgical and diagnostic care, can result in serious harm to patients,'said Ikhira Thandi, a litigation legal assistant at Lime Solicitors, which is acting for the woman in her lawsuit. 'Our client not only had to endure a second major surgery but has also had the lasting psychological impact of knowing a broken surgical tool was left inside her. Patients should be able to trust that equipment used in their care is safe, helping to deliver their treatment, not hinder it.' Three months after the incident the patient's consultant apologised for it and explained that the dislodged blade tip was due to a manufacturing fault. James Anderson, Lime's head of medical negligence in the West Midlands, said: 'Unfortunately this is not an isolated incident. Across the NHS there is evidence of faulty equipment causing avoidable patient harm. These failures carry a real human cost.' The evidence presented at an inquest last year led to a coroner issuing an unequivocal warning about the danger that inadequate medical equipment can present. Georgina Nolan, the senior coroner for Newcastle and North Tyneside, issued a prevention of future deaths report after hearing the inquest into the death of Michael Walton. The 66-year-old underwent heart bypass surgery in Newcastle on 13 June 2023 and was judged to be at low risk of complications. However, the surgeon's preferred type of cannula was unavailable 'due to supply issues' so they instead used one with a slightly shorter tip. However, as the prevention of future deaths notice explained: 'During the course of the procedure the aortic cannula became dislodged, causing a loss of perfusion and a prolonged period of interrupted blood flow to the deceased's brain, which caused an ischaemic hypoxic brain injury from which he died on 13 July 2023.' In the matters of concern she outlined in her report, Nolan said that 'the cannula type contributed to its dislodgement from the lumen of the aorta and to Mr Walton's death'. And, she added, the events investigated at the inquest showed that 'using suboptimal medical equipment poses an avoidable risk to patients of significant harm, including death'. * name has been changed

New Council Tax warning to people inheriting a home from bereaved relative
New Council Tax warning to people inheriting a home from bereaved relative

Daily Record

time30-04-2025

  • Business
  • Daily Record

New Council Tax warning to people inheriting a home from bereaved relative

An inheritance disputes lawyer from Lime Solicitors has warned bereaved families to be on high alert over unexpected Council Tax charges on inherited properties, particularly the so-called 'second home' premium, which some councils are applying immediately after a death. Under current rules, most local authorities offer a grace period of up to six months during which Council Tax is not payable on a property that has been left empty due to the death of its owner. However, the process of obtaining probate, selling the property and completing conveyancing often exceeds this timeframe, which can leave families vulnerable to unexpected charges. The warning comes after one council in England reportedly imposed a second home levy on an estate property, even though it was not used as a second home. The six-month exemption did not apply in this case because the property was legally in the son's name at the time of the owner's death, meaning the council considered it a second home from a technical perspective. Andrew Wilkinson, head of inheritance disputes at Lime Solicitors, described the decision as 'incredibly harsh'. He said: 'It's deeply concerning to see councils imposing hefty council tax bills on grieving families who are already navigating the complex probate process. In all my years of practice, this isn't something I have seen before, and it feels extremely unfair, especially when executors are actively trying to deal with the estate. 'In most cases, it takes many months, often over a year, to obtain a grant of probate, arrange a sale and complete conveyancing. That means most families are already struggling with delays before they even get the chance to put the property on the market. If councils start piling on charges prematurely, it only adds to the emotional and financial stress. 'Families dealing with estate properties should proactively communicate with their local council to explain the situation and timelines. This can help in negotiating any available exemptions or reliefs. Additionally, if a property is expected to remain vacant for an extended period, renting it out might be a viable option to offset council tax liabilities, though this comes with its own set of responsibilities and considerations.' The warning comes amid a nationwide crackdown on second homes - part of a UK Government-led effort to tackle the housing shortage in popular towns and rural communities. On April 1, 2025, more than 200 local authorities across England implemented new powers allowing them to levy a 100 per cent Council Tax premium on properties that are furnished but not the owner's main residence. The policy, introduced by Michael Gove in 2023, was originally aimed at curbing the 'scourge' of second homes in coastal towns where housing supply is under pressure. However, its rollout is now affecting a far broader range of properties. Andrew said: 'This policy was designed to free-up housing, not penalise bereaved families. The loss of a loved one is already a challenging time. Families shouldn't be further burdened by unexpected financial pressures due to administrative oversights or rigid policies. 'It's imperative councils handle such situations with the sensitivity and understanding they deserve. Probate is complex enough without councils jumping the gun on tax.' Most councils in Scotland have information on inherited homes after someone dies on their website. Guidance on the South Lanarkshire council website states: 'If a property is unoccupied because the occupier has died, as long as it is unoccupied, and liability for Council Tax falls solely to the estate of that person, it could be exempt from Council Tax. 'If the property was owned jointly with someone else, is owned by someone else, or is held in a Trust, liability for Council Tax will fall to that owner, or Trust, and this exemption category won't apply.'

NHS in England failing to record ethnicity of those who sue over maternity care
NHS in England failing to record ethnicity of those who sue over maternity care

The Guardian

time25-04-2025

  • Health
  • The Guardian

NHS in England failing to record ethnicity of those who sue over maternity care

The NHS is facing criticism for not recording the ethnicity of people who sue it over poor maternity care, despite black, Asian and minority ethnic women experiencing much greater harm during childbirth. Health experts, patient safety campaigners and lawyers claim racial disparities in maternity care are so stark that NHS bodies in England must start collating details of people who take legal action to help ensure services improve. The gap in NHS data emerged when Lime Solicitors, a London-based law firm, submitted freedom of information requests to NHS England, individual health trusts and NHS Resolution, the body that handles medical negligence claims against hospitals. It asked how many people had sued over a stillbirth – the death of a baby before 24 weeks of pregnancy – between 2012-13 and 2022-23, and how many had secured damages, and also the ethnicity and nationality of claimants. But all the NHS bodies told Lime Solicitors in their replies that they did not record the ethnicity or nationality of those who initiated a legal case alleging medical negligence. That leaves a 'shocking blind spot' in the service's data collection, the firm said. Neil Clayton, a medical negligence partner, said the NHS's failure to ensure such information was kept was 'deeply concerning'. It could hamper its efforts to spot 'worrying patterns of care failures' and improve the experience of maternity services for BAME families, he said. 'Given the well-documented racial disparities in maternity care this lack of tracking is simply unacceptable. Patients and their families deserve transparency, and without this information it is impossible to push for meaningful improvements in care.' Clayton added: 'The absence of ethnicity data is a glaring omission that undermines efforts to address inequality and ensure accountability in the healthcare system.' Black women in the UK are almost four times more likely to die during pregnancy or while giving birth than their white counterparts. Black babies are twice as likely to die before reaching 24 weeks of gestation. Paul Whiteing, the chief executive of the patient safety charity Action against Medical Accidents, said: 'There is evidence that those from ethnic minority backgrounds are more likely to experience poor healthcare. This can result in medical negligence. So it is shocking that the NHS collects no ethnicity and nationality data to better understand the drivers of this link.' Whiteing added that the NHS did not record such details about the identity of people who made complaints about the care they have received either and should start doing so. Prof Habib Naqvi, the chief executive of the NHS Race and Health Observatory, said if decisions about healthcare were based on incomplete evidence 'health interventions will continue to leave our most marginalised communities under-supported and poorly cared for'. Naqvi said: 'It will mean that the NHS continues to fly blind in its attempts to meet legal and moral obligations to tackle health inequalities.' The government wants to see better data collection as part of efforts to address the 'stark inequalities for women and babies', the Department of Health and Social Care said. An NHS spokesperson said: 'No woman should experience poor care because of her ethnicity or background and better data is essential to understanding where and how we need to intervene. We are taking immediate action to ensure authorities are improving how we collect data so we can identify and reduce inequalities.'

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