Archive for March 21st, 2013

Cosmetic Surgery: What to do if it goes wrong
No amount of metaphorical cosmetic surgery can completely save the NHS from its now muddied image. Following the PIP scandal and Francis Enquiry, one UK law firm has advised patients on what to do if they fall victim to medical malpractice.
Approximately 47,000 British women were mistreated in the PIP scandal, as their breast implants were made from industrial grade silicone…instead of material that was medically approved. This has caused MPs to raise concerns about Britain’s ‘body-image crisis’ but Britain’s legal firms have refocused the spotlight onto medical negligence:
“Whether you’re treated in the private or public sector, everyone has a right to a reasonable standard of care. In some cases, this just hasn’t happened.” Bentley Solicitors
The Francis Enquiry released in February 2013 exposed the NHS; 290 recommendations were made in the QC’s analysis. The comprehensive list of failings underlined within the report has demonstrated just how critical it is for NHS reform.

Claiming Against the NHS
The NHS Litigation Authority is the official body that deals with all compensation claims made against Britain’s National Healthcare Service. If the PIP implant operation was performed by the NHS, patients are advised to follow this three-stage process when making a complaint:

During this process, the personal injury solicitor sets to work – compiling all the necessary information on the incident and creating a case file which details everything the eventual court needs to know, in order for the victim to receive their deserved compensation.

Expert Help
Claimants are also advised to get in touch with organisations like NHS Direct, the Patient Advice and Liaison Service, the Independent Complaints Advocacy Service and the Citizens Advice Service.
Still, to strengthen the chances of winning cosmetic surgery claims, it is the experienced legal firms that need to come into play.
A personal injury lawyer who specialises in medical negligence will know exactly how to make a strong claim against the NHS, while honing in on securing the maximum pay-out. Where PIP cases are concerned, that pay-out could be as high as £15,000.
Final Advice

The general consensus on this issue is that those looking for cosmetic surgery ought to stick to NHS-trained surgeons and avoid private practices. In the event of something going wrong, there is a clear justice avenue to go down with the help of a legal expert.
In terms of private clinic malpractice, the route to a successful claim may be more complicated. Nevertheless, the same personal injury solicitor can make sure victims are compensated for their suffering – it’s much more difficult to fight for it alone.

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Keeping On the Right Side of the Law – Landlords & Tenants
By Landlordslawyer
For Landlords, a written tenancy agreement is vital when you let your property, otherwise you could fall on the wrong side of the law.   While contracting in writing is not a legal requirement in England & Wales, all assured short hold tenants have a right to be issued with the terms of tenancy within twenty-eight days, and so it is in your interest to have planned these in advance. Moreover, under the Landlord & Tenant Act 1985, if letting residences by the week, you would find yourself before a stern looking magistrate if you failed to provide a rent book, your address and the terms of the tenancy.
Remember, all tenancies have certain terms implied by law which cannot be removed by private agreement. It is therefore helpful to remind all parties that, under the same act, assuming the property is a main residence for a genuine rent, you have a strict liability to keep the property externally and structurally well-maintained with well-maintained heating & sanitation equipment and well-maintained equipment for receiving water, gas and electricity, so far as these exist. You must also give a Section 21 Notice to Quit of two months, or the length of the rental term if longer.
In turn, you should remind the tenant of two facts. The first, that he has a duty to behave in a tenant-like manner: this includes cleaning and minor repairs. The second: he need write for your permission, not to be unreasonably withheld, before making alterations.
Moving on to that you should explicitly require, obtain the tenant’s consent for you to access the property for repair and for genuine inspections, so long as you give advanced notice. If there is a guarantor, make sure his role is mentioned so he can be forced to pay. A written contract also makes it practicable to enforce rules you wish to set against sub-letting, the tenant’s becoming a lodger’s landlord, smoking, keeping animals, replanting the land or the like. At this point, mention any reasonable restrictions you wish to make on the tenant’s ability to grant bare licences (take in genuine guests) over a long term. Further, you ought stipulate that the tenant is liable for cleaning costs if the property is not in a tenantable state at the end of the tenancy: it is advisable here to make explicit your expectations regarding minor repairs, cleaning windows and gardening.
Finally, be warned that even if rent is not paid weekly, the tenant does not ask to see the terms, and you are prepared to run the risk of crossing bridges as you come to them, the rental price and the dates on which rent is due would be your word against the tenant’s without a written contract. That thought alone should be enough to spur one on to having a formal tenancy agreement in place. After all, they are not that complicated to draft, and templates do exist.
If you’re a Landlord or Property Agent, Landlords Lawyer can assist you in making sense of the legal aspects of tenant law and the court processes, to help evict a nuisance or rent evading tenant.  They can be reached on  @landlordsupport or Google +

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