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Ben Jones
Ben Jones, UK Lawyer
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Is it possible to use the small claims court for suing an NHS

Resolved Question:

Is it possible to use the small claims court for suing an NHS hospital?
With thanks
DebsRooney
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to sue them for?

Customer:

My physical and mental health has been extremely poor over the last fifteen month. A lot of compensatory advice has been given to me through this period to the point where I am now able to write this letter.


 


I saw you on the 7th of November 2012 when I attended an appointment at the Neurological Outpatients, Kings College Hospital.


 


I informed you that I had extreme pain at the site where the new battery for my VNS had been implanted.


 


I also told you that a few days previously the wound had swollen to the size of a golf ball and that after holding a hot flannel over the area I then squeezed lightly and a mass of green, putrid pus oozed from the wound.


 


Your response to my telling you this took just one minute. You looked at the area and said, ‘It looks fine now, well on the way to recovery’ sic.


 


I attempted to remonstrate, saying, ‘I can feel the pus building up again and I do not feel well’.


 


You were dismissive and made me feel foolish. Your response took approximately one minute.


 


A copy of your letter is attached.


 


I had by then developed severe Cellulitis as a secondary infection, which still affects my legs and feet.


 


It is in my notes that I suffer from Chronic Depression, I was crying as I left your office – I knew the wound was still infected but you would not listen to me.


 


Following the operation to remove the VNS I spent the night at Kings. My behavior was completely out of character and I believe this confusion/disorientation and paranoia was as a direct result of the poison from the infected VNS.


 


For example I kept telling my mother and daughter that the staff were trying to poison me. I was so convinced of this that later in the evening I attempted to escape the ward by grabbing a fire extinguisher and using to break the glass on the alarm bell to release the door locks.


 


I then ran down the stairs screaming for help. Three security guards grabbed me, I battled intensely with them, totally convinced of this conspiracy to kill me.


 


I was ‘bundled’ back to my room and a security guard sat outside my door for the duration.


 


Fortunately he was an extremely compassionate man. The very fact he listened to me gave me comfort and my behaviour calmed.


 


 


 

Ben Jones :

ok but what do you want to sue them for exactly, what are you hoping to achieve?

Ben Jones :

I have not provided a response yet so no need to rate I just need a response to my last query please

Customer:

Because they removed the VNS my epilepsy attacks began again - I had a seizure whilst smoking, when I came round i was on fire. I took jumper off and ran through the front door. The backdraft caused the fire to spread throughout my house. I have 15% third degree burns... a two year recovery period.

Customer:

I want financial recompense for my pain which is both physical and mental

Ben Jones :

You will be looking at making a personal injury claim against them and whilst you can make a claim in the small claims court there are certain limits. You can only make a personal injury claim in the small claims court if you are claiming a total of £10,000 and the compensation for the personal injury itself is no more than £1,000. If you exceed these limits then your claim will be assigned to the fast track or multi track, which is not the small claims court

Customer:

Thank you Ben

Ben Jones :

You are welcome

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