Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. 26th February 2009 15:29 #1
    FightingBackNow FightingBackNow is offline
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    Default Private Hospital Negligence

    Hi Im hoping someone can help with timelines as Solicitor is being somewhat vague and it will take as long as it takes!
    My husband has a private hospital medical negligence case. The hospital have admited liability although there is a challenge to split this with the Consultant who is somewhat evasive.
    Anyway Issue of Proceeding will be submitted mid March, just inside the 3 year period.
    What Im keen to understand is how long it will take from there.....I understand it has to go to the Barrister within 4 months from IoP, so that he can prepare for court, but is there a time period for it to actually be in court.
    I also understand that the majority of private hospitals settle out of court....anyone know if this is true?
    Many Tks
    FBN

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  2. 26th February 2009 15:37 #2
    flyingdoc flyingdoc is offline
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    Default Re: Private Hospital Negligence

    Sadly the solicitor is correct in his vague - it will take as long as it takes.

    There are set time limits for various procedural steps, but the opposition can request time for investigation, preparation of reports and the like. Added to that if there are more than one party involved (consultant and hospital) then it gets more complicated.

    It may be that the hospital will make a part 36icon offer, but then it may not be in your best interests to accept it.

    In the world of Med Neg, patience is the key I am afraid.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

    If my advice or information has assisted you in any way - please click my scales.

    thanks

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  3. 26th February 2009 15:43 #3
    FightingBackNow FightingBackNow is offline
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    Default Re: Private Hospital Negligence

    Thank you so much for your quick reply.....this is so frustrating as my husband is now likely to lose his job because of this as he can no longer perform his core role. Is it feasible to ask for an interim payment and if so would a years salary be realistic.......this has been going on since March 2006 so hope you understand the frustration! Finally whats part 36icon?
    Tks again
    FBN

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  4. 26th February 2009 15:49 #4
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    Default Re: Private Hospital Negligence

    You have a number of issues here.

    If your husband is permanently incapacitated through this then his employer should be looking to find him a post within their organisation that he CAN perform, rather than simply sacking him.

    an Interim payment may be possible, you need to speak with your solicitor, but bear in mind that this may require a separate hearing. It depends where you are in the claim process as to how feasable this is.

    a part 36icon offer is where the defendant makes you a without prejudiceicon offer of payment so that you dont go to court.

    It is entirely up to you whether you accept or decline these offers, but I would suggest following your solicitors advice on this. (He will have a good idea of how much you can reasonably expect) there are rules associated with accepting or rejecting a part 36 which he/she will explain if required.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

    If my advice or information has assisted you in any way - please click my scales.

    thanks

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  5. 26th February 2009 16:03 #5
    FightingBackNow FightingBackNow is offline
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    Default Re: Private Hospital Negligence

    Thank you so much.
    FBN

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE