NHS admit liability and 2 years later still nothing!

[KJBoutcher]

Hi all, I am hoping that maybe somebody out there can help with some advice on a situation that has been ongoing now for 2 years.

Oct 28th 2004 and our son was born at a hospital in Kent. I can say only this as there is a current legal case surrounding these events. On Oct 31st 2004 my parents were at the hospital during the evening visiting hours. Time to leave and its dark outside... My father goes to collect the car, my mother makes her way down the access road to meet him. Next thing my mother remembers is being found by my father after tripping over a kerb, stumbling accross a few feet of grass then tripping again over a 7-8 inch wall... with a 5 foot drop on the other side. Next thing I know, my father is rushing back onto the ward where my wife and I are sitting with our 3 day old son and he's white as a sheet. He tells me whats happened, I rush back to the maternity entrance and find my mother covered in blood sat on a chair. My father had managed to get her off the ground on the other side of the wall where she was sat up bleeding profusely from a gapping head wound and back the few hundred yards to the maternity entrance. We get some nurses to come and see to her and an ambulance is called.

The fall caused the aforementioned head wound which was in the middle of her forehead and was showing her skull, all the skin had been torn away. She also had a severe wound to her nose which had basically been split open by the fall. After tripping on the small wall and then falling the 5 feet over the other side she had actually landed face first, hence her injuries. She is lucky to be alive as the fall could have broken her neck after landing face first on the tarmac over the wall. She also suffered a fractured wrist in the accident too.

These are the facts of the incident: The access road leading to the car park was not illuminated even though there were lights on the wall adjacent to it. These lights were either turned off or damaged so as not to be in working order. There was no fence/railings around the top of the wall on the access road (where my mother was walking) and in the darkness it was impossible to actually see the kerb or top of the wall. It was only a matter of time before somebody had an accident at this particular spot and it turned out to be my mother.

This is what has happened since Oct 31st 2004: The hospital has admitted liability and admits there were no lights or railings/fences/safety barriers to stop somebody falling over the wall in the darkness. My parents solicitors have been handling the case and dealing with the NHS' lawyers, who seem intent on dragging this out as long as possible. It is now almost 2 years to the day since this accident happened and my parents are still nowhere nearer getting the compensation they have been promised will be forthcoming from the NHS.

As the case is being handled by a solicitor appointed via my parents insurance company, who I feel have been pretty slapdash about the whole thing too, and there is no movement from the NHS, is there any way of taking the NHS on and getting things moving? We all feel pretty hand tied by the solicitors and the NHS dawdling, or is this normal in a case of this nature?

I would really appreciate anybody out there who may know of something else we can do to get an end to this saga as I don't know what else to do.

Thanks in advance,

KJ

[nathal]

i know these cases take a long time, but maybe the best way forward is to ask solicitor whats happening and could you progress to a settlement.

these are my thoughts only.

[poppynurse]

If the NHS have admitted liabilty it should be a question of agreeing a settlement figure. Does mum have any lasting problems from the fall - they may wait until all sequalae are apparent. I would suggest that you chase the solicitors and ask them where they are upto however personal injury claims can take ages.....

[JonCris]

You can also ask the solicitor for sight of your file & spend time (in his offices)reading it to see what has happened to date. He cant refuse

Also what is her present condition & does she have visible scarring. Has you mother been examined by a doctor appointed on her behalf?

It would help to know this because as has been already stated these things can take a long time although your solicitor must issue court proceedings within 3 years. That is unless the defendants agree to an extension of time which I doubt.

[Battleaxe]

This would be handled by the NHS through their legal section. Even if the local NHS has admitted liability the complaint would have to be referred higher up the chain before damaes are considered.

All of this takes quite some time as they stall making decisions (after all they are cash strapped).

Has an independent medical practitioner made a report on your mother. This practitioner is appointed independently to make this assessment as to the likelihood of long term prognosis, quality of life etc. This report is sent to both sides. Also this has to stand up to Court scrutiny. If this step has not been taken, you get onto your solicitor and push for this after all his fees will come out of the settlement figure. I hope you are not using one of those No win no fee companies and is your solicitor competent to handle this type of litigation? Did your mother make the claim for damages through her Accident Insurance Company, if she has one?

Sorry about these questions, but dealing with the NHS is a minefield and something should have happened by now, even a letter from your solicitor regarding the stage this is at. Two years is too long to wait.

Admitting liability is one thing, being held responsible is another.

Get cracking on this tomorrow and hound your solicitor until he/she provides the answers. You are allowed to see the file to date, but you must attend the solicitors office. I would also be demanding this immediately.

Most straightforward claims are settled within two years and if everything has been done, a settlement should have been mooted by now. The Local NHS Board has to budget for a pending damages settlement, this also affects their star ratings regarding fiscal management.

[JonCris]

The legal fees will NOT come out of the settlement figure The legal fees are a completely seperate matter paid by the defendant/NHS to the solicitors.

As for the medical examiner being appointed there as bit more to it than is being stated here. To be considered independent the appointed doctor must be agreed by both parties. Nevertheless either party is still permitted to appoint their own expert. It becomes a matter for the court to consider when the party is recovering costs. Either expert must give an assurance to the court by way of a 'statement of truth' that they understand they must be impartial & that their only duty is to the court irrespective of who's paying

As for 'no win no fee' there is complete misunderstanding of it's meaning, a misunderstanding which is fostered by the defendant & insurance industry. The no win no fee means a Conditional Fee Agreement (CFA) & all solicitors now use a Law Society approved CFA. No money is taken from the award/compensation & all legal fees & disbursements are recovered from the losing party.

If there IS an arrangement to deduct a portion of the award by any party acting for the claimant it is against the solicitors rules & any such agreement is rendered unenforcable.

If the claimant is the losing party then because of the CFA (no win no fee) they pay nothing as the Solicitor will, if they don't already have legal expenses insurance, have insured the client against defeat. The insurance is called 'After the Event' & the premuim as about £250 which again is recovered from the losing party.

There is also recoverable a % success fee which goes to the solicitor because of the risk they have taken & to help fund less straight forward public interest matters which should be decided by a court.

Finally a 'slip & trip' hardly needs a specialist solicitor. Even if medical complications later became a factor then most, if not all, solicitors will know where to go to seek advice/opinion

[KJBoutcher]

Hi and thanks to all who have posted here with info and advice.

Just to clairfy, my mother has been seen by various specialists and it has been 'deemed' that there are no complications arrising from the accident, even though her arthritis has gotten significantly worse since the fall.

Poppynurse, the appointed docs refuse to include this as a result of the fall. However, the solicitor has 'tried' to make a case to include it. They really do seem to be hanging on to see if anything else 'develops' medically with her.

Also, it isn't one of those 'no win no fee' scenarios but an appointed solicitor through her own insurance.

Joncris, she does have visible scaring too, the scar left in the middle of her forehead is 'star' shaped and shows exactly the size of the injury. I saw it first hand at the time and seeing your mum's skull with flaps of jagged skin hanging off is not something you ever expect to see.

I guess the thing I need to know is how to get the solicitor moving on this, but how the heck can you get a legal firm to pull it's finger out and be held accountable for all the time it says it is spending on this? Is it really as simple as 'asking the solicitor for sight of your file & spend time (in his offices) reading it to see what has happened to date. He cant refuse'? If it is then that sit he next step we will take.

Any ideas?

Cheers, KJ

[JonCris]

Have your mother (she's the client) write & request an explanation about the delay. Then take it from there.

[bridle]

Hi

2 years for a legal claim is not a long time it is a short amount of time. However even if the hospital admit liability your solicitors have to prove causation before they can win the case in court and i would imagine that this is whats proberly taking the time. Also if the claim has been refered to the NHSLA then that will also slow the claim down as the NHSLA is often very slow.

[KJBoutcher]

Hi and thanks for your reply. Sorry for the slightly belated response! Well, the NHS have made an offer and it is nothing more then an insult considering the injuries sustained and also considering how much you can claim for slipping over on a wet floor in broad daylight or having your feelings 'hurt' by a rogue comment... Unfortunately, my Mother has decided to accept as she has simply had enough waiting around (she is also due a hip op anytime soon too so that is playing on her mind).

I guess my final question is this: even though she has accepted their offer, is there anything else she may be able to do with regard to claiming more or is it all a done deal now?

Cheers,
KJ

[bridle]

Hi

Once your mum has accepted the offer you cannot claim any more money as the offer will be a full and final offer.

The offer may not be as high as you were expecting (i cant advise on that as i dont know the amount or the injuries she sustained) but its very rare to get high awards like you see on TV as the circumstances around how an injury is sustained will make a huge difference on the offer made.

[JonCris]

Occasionaly is is possible to revisit awarded damages but only if there are very good reasons to do so such as undue influence exerted by the defendant However as this is the NHS & these are public funds any set aside of a previouly agreed settlement would be extremely doubtful.

Another such possibility for a revisit is if the claimant is NOT legally represented & the defendant has NOTadvised the claimant to seek independant legal advice when offering settlement

[jane70]

Payouts also are based on loss of earnings due to accident, whos the main bread earner etc. etc....and like said before any lasting damage.

It took my complicated case against the NHS 6 and a half years before they admitted liability. Different circumstances though.

Regards


Jane