Offer for a Medical Negligence Claim. SHall I accept ?

[nino]

I made a negligence medical claim through solicitors provided by my Legal Expenses cover, linked with the building insurance on my house.

The medical expert confirmed the negligence and the solicitor put in a claim for four extra days of unnecessary pain, full stop. Not surprisingly the case has not been contested by the insurance but the offer that has come through, but it is ridicously small.

I underwent a second operation because of the two (yes two of them) surgeons' oversight, and I still have physical problems that are debilitating me. I am now undergoing another set of investigations and the whole matter has left me with mental scars. I will suffer more pain for establishing whether the second operation damaged me and what is more, I seem keen on suffering with panic attacks,which I never ever experience before .

 

Yet all the solicitor appears to be considering is : 4 days of pain (the time that lapsed between the first operation and the second supposedly remedial operation) , no loss of earnings , let's accept the offer , close the file and move on.

Or else: take on the risk of going to court and losing and paying more...

 

What should I do ? I thought a solicitor would have looked at the "wider" picture and not to the mere four days.

What do you think ?

 

Nino

[I've got no money]

Clinical negligence is a specialist area - I'd suggest that you write a letter to your Solicitor and explain why your are unhappy and then arrange to go and see them to discuss it.

 

I have no idea how the quantum in clin neg cases works...

[chauvesouris]

If your solicitor is a medical negligence specialist then they will be the best person to tell you what is a good result. If you're not happy with it then you really ought to raise it with them - nobody on here can give you useful advice (about likelihood of success and quantum) because there will be a very great deal of significant detail to the case.

 

So I agree with IGNM; discuss it with your solicitor. Or just take the money.

[nino]

Well I never thought I d got replies any different from these. I well understand that nobody can comment on an case without knowing the details.

Strangely enough I replied to my solicitor with a suggestion of mine for what to do and it was immediately taken up !

This is my point : where has the professionalism gone ? Once upon a time people went the professionals to receive the best advice from a knowleagedble persons. Now we have doctors who ask their patients what is wrong with them and what they want the doctors to do next, and solicitors who give bad or no advice but are happy to follow whatever the ignorant client asks them to do.

 

These are bad times !

 

Salut.

[supasnooper]

Sometimes "Common Sense" is the best sense.

 

You've had your instincts confirmed.

 

Good luck and keep going.

[chauvesouris]

I think that's a little unfair on solicitors. They are not there to make decisions for you - they should inform and advise you, but ultimately they should only do what you tell them to do. You instruct a solicitor - they don't instruct you. This appears to be exactly what has happened here - your solicitor has given you an idea of what they think you should do and then they have done what you asked.

[nino]

They should say: we can go this far. Would you want to or do you prefer to stop here ?

It is not the advice I was given. The attitude was: accept their offer now without trying and or consider other scenarios.

She would have then be able to close the file on me and open a new one on somebody else. Better then drag one up and spend time for which she may not be financially rewarded , eh ?

I think it is the solicitors themselves who are being unfair onto themselves and their colleages by dragging their cast down .