Private Hospital Negligence

[FightingBackNow]

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:confused:

[flyingdoc]

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 36 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.

[FightingBackNow]

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 36?

Tks again

FBN

[flyingdoc]

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 36 offer is where the defendant makes you a without prejudice 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.

[FightingBackNow]

Thank you so much.

FBN