How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45343
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

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: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45343
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice