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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have an issue regarding my father who suffers from dementia

Resolved Question:

I have an issue regarding my father who suffers from dementia and was treated poorly by a hospital in south wales - the claim is not specifically medical negligence... He was admitted for a fall and bad injury on his head. He was treated and his wife was informed that he would be transported home. He was left unsupervised while waiting for transportation and he wondered off into the night - he was found nearly 24 hours later having fallen into a ditch at the side of a country lane 9 miles frim the hospital, having suffered hypothermia, very bad lacerations to a large portion of his body, damage to his vertebrae and cracked ribs. He was taken back to the same hospital for treatment. On arrival we were met by hospital management and there was huge press interest in wales. My father has since degenerated beyond recognition in terms of his mental facilities and his wife has had to put him in care. We thought he was dead for nearly the whole of the day in question.
The hospital investigation is nearly complete but they have already unofficially accepted blame and are likely to make a settlement offer.
Things we need to address.
Lack of duty of care to a diagnosed dementia sufferer left unsupervised and with a bad head injury.
The injuries resultant from his fall and exposure.
His Increased degeneration post the event.
The psychological trauma to both him and his family.
The fact that he would have died if not found by a mountain rescue sniffer dog - all as a direct result of the hospital's lack of care...
As I say, I think this case is bigger than a mere medical negligence or injury claim and I am really hoping to find the best solicitor/firm - ideally based in London that might be able to help me on a no win no fee basis.
I have a feeling this case could result in a very significant amount of compensation.
I would very much appreciate your advice on this issue.
The event took place at the end of October last year.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

I am very sorry to hear of your fathers circumstances. May I clarify in a little more detail the areas you would like to discuss; do you wish to discuss the basis for damages you could claim or do you primarily want some suggestions as which firms may be able to help with your fathers case better than perhaps the typical medical negligence claim firm?

Customer:

To be perfectly honest, both bits of information would be great but if I have to choose one in terms of keeping to the single payment I've already made, some informed advice as to the best firms and/or individuals within the firm to contact would be most appreciated - reiterating no win, no fee - so I guess they'd have to see the value and scope of the case.

Customer:

London based as I have mentioned would be most preferred.

Customer:

Thanks Joshua

Joshua :

No problem. Happy to deal with both. May I start with the damages that you can look for?

Customer:

yes

Joshua :

Thanks. There are a number of categories of damages you can seek for clinical negligence claims. The first category is general damages. These are the most common form of damages and are the damages that are awarded for pain, suffering and loss of amenity which an injury may have caused on the claimant. They are designed to reflect the impact of the injury on the claimant’s life and generally cover the consequences of the injury which cannot readily be valued in terms of money.

Joshua :

There is then the category of special damages. These are claims for financial losses or expenses that have arisen from the injury such as lost earnings and the expenses such as prescriptions or treatement incurred which are attributable to negligence.

Joshua :

There is then the final category of future losses and expenses. This is particularly relevant where an individual doesn't make a full recovery. This could include loss of earnings, cost of ongoing care arising as a result of the injury and so on.

Joshua :

Do you have any questions on the above before I move on to potential firms that might be able to assist?

Customer:

Is there anything that can be claimed in terms of the shock/emotional trauma to third parties as a result of the event?

Joshua :

This is difficult. This is pricipally because the claim is made by (or more practically on behalf of) your father and damages are assessed in respect of the pain and suffering and consequential losses he suffers as a result as opposed to his extended family. It is possible for the family who are finacially dependent on an individual to claim for any loss of that dependence suffered as a result of the negligence though I assume that would not apply here.

Joshua :

It is also posible to claim for post traumatic stress and similar mental injuries but again this would be difficult for the family to claim because they were not the ones to whom the hospital owed a duty of care as they were not its patient. Rather it is injuries suffered by your father that are eligible for claim.

Joshua :

Is there anything else I can clarify on the above?

Customer:

That is clear. Thank you - so firms/individuals?

Joshua :

There are a wide range of firms that advertise personal injury and to a slightly lesser extent clinical negligence services so as you will already know there is no shortage of choice. There are two firms I have dealt with and previously referred my own clients to who both performed very well and I believe both offer no win no fee services for clinical negligence claims which yu may consider trying.

Joshua :

The first is Louise Brown of Thomas Snell and Passmore which you can contact on 01892 701261. It is possible they may be a little outside of your travel zone as they are based in Kent. TSP is a Legal 500 and Chambers top ranked firm

Joshua :

The second is a large firm but generally well respected Alison Eddy of Irwin Mitchell who is based in London who can be contacted on(###) ###-####3887

Joshua :

Can I help you with anything else or has the above answered your questions satisfactorily?

Customer:

Could I get your surname Joshua? By way of a referral?

Joshua :

Unfortunately I am not permitted to give out personal contact details under the terms of my engagement with the site. The site prohibits my taking referrals so prohibits my giving out contact or other personal information I am sorry to say.

Joshua :

If you would like to contact me further however you can either return to this thread through your account or using the following link

Joshua :

http://www.justanswer.co.uk/law/expert-joshua/2014-12-questions.html

Joshua :

Have I been able to help you with all your questions on the above?

Customer: Thank you. I'll follow up on your advice. That's it for now
Joshua :

A pleasure. I hope you source a solicitor you are happy with

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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