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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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an inquest on my dads death 4 yrs ago was that he died as a

Customer Question

an inquest on my dads death 4 yrs ago was that he died as a direct result of an error by the surgeon during a routine operation. a solicitors firm took the case on saying we had a strong case now after 4years and an overall cost of £100,000 we have been advised to drop the case now saying it is not strong enough to argue the case ? the court hearing is october of this year, the NHS trust have admited to neglegence but denia liabilty. what can we do we are distraught after all this time effort and money.
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

This sounds like a terrible scenario for you to be in. Can you help me with what you would like to know from me this evening please?

JACUSTOMER-mxk6mn3x- :

what are our alternatives, do we carry on against their advice and obviously win the neglegence but loose the liability. if we drop the case we will ask them to cover there own costs and we will not persue the neglegence which they have admited too. do we call thier bluff and hope they settle out of court ?

Max Lowry :

You could continue if you wished. Your solicitor cannot prevent you from continuing, but if you are on a conditional fee agreement (no win no fee) they could potentially terminate that and require you to continue on a private paying basis.

Max Lowry :

You could try mediation (if you haven't already) - and try and do some kind of deal.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

JACUSTOMER-mxk6mn3x- :

not really helpful but thanks anyway i know this nuch ?

Max Lowry :

What would you like to know?

Max Lowry :

You cannot win the negligence and lose on liability - they're the same thing. You either win the case or you lose.

Max Lowry :

What I expect they are saying is they admit they breached their duty of care, but deny that it caused the death. Technically, you cannot have negligence and deny liability - it's often said, but it doesn't actually make sense, as the negligence is the liability.

Max Lowry :

So, if you can't show that the acts complained of caused the death, then there can be no liability in negligence, as causation of the death is a key element of negligence.