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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
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i have just sent a letter of claim as per pre - action protocol

Resolved Question:

i have just sent a letter of claim as per pre - action protocol to a psychiatrist who i wish to claim compensation from, i have received a letter back from the local health board who say that the claim should be made against them as they are vicariously liable because the doctor concerned is their employee. Is this necessarily the case ?
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. If a party has vicarious liability for another person's actions that does not mean that a claim must be made against them, although the option to do so exists. What you have to consider is which party is best to pursue in the circumstances, considering both may be liable - one directly, the other vicariously. Would you rather pursue the individual, who may have issues paying any compensation, or the big corporate body which will have insurance in place for such events

Customer:

many thanks, XXXXX XXXXX a big help.

Ben Jones :

you are most welcome

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