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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I need advice on medical negligence and wondered If there

Resolved Question:

Hi I need advice on medical negligence and wondered If there is someone to help me. The ombudsman got NHS Poole to apologise to my daughter and me for the failure to properly inform us about the procedures and what could go wrong in a tonsillectomy. I contacted mistreatment.com bit they don't want to take up the case because they don't think it it's worth their time, financially. That being the case, could I find a lawyer who would let me know under which regulation to claim compensation from NHS Poole, if no one can represent us, then we'll be better armed to act for ourselves. Also we have until early April to bring a case against the hospital. Can you help?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today.
Could you tell me a little more about the claim that your wish to make? What loss has your daughter suffered? Has she been badly harmed?
Expert:  Alice H replied 1 year ago.
Do you still require help with this matter?
Customer: replied 1 year ago.
In 2013 my daughter went for a routine tonsillectomy. At the time she was not told of the risks of the operation so that she could make a decision about whether or not to go ahead. Anyway she underwent the operation which resulted in her being hospitalised for trauma to her uvula causing her pain and discomfort , when she should have gone home the same day. And I had to take days off from work.
We wrote to the hospital who tried to fob us off. We then appealed to PHSO who partially upheld our claim. They instructed NHS Poole to send us a letter of apology for not explain the procedure and risk of such operation and to send an action plan of how this will be rectified in future fore patients in general. But PHSO stated that there it is not convinced that even if the dangers of the operations were explained, that my daughter would not have agreed to it (but I think that's conjecture). I would like to claim compensation for lost wages and expenses for myself and claim for unexpected pain and suffering and hospitalisation for my daughter.
It would also be particularly helpful to know what section of the law would support my claim for this type of compensation.
There was a case of a Lord who recently won substantial damages over something less serious which was reported in the Metro newspaper a few months back.
Can you help please?
Expert:  Alice H replied 1 year ago.
The claim is for medical negligence. The underlying principle to the claim is that the NHS Trust owed a duty of care to your daughter but breached that duty by failing to give information and carrying out the procedure incorrectly. This is also known as 'negligence'. The failure to inform you of the pros and cons of the procedure is unlikely to result in any significant compensation. But the incorrect procedure resulting in pain and suffering may do.However, if there are no long lasting complications or damage and your daughter has fully recovered, the claim will not be worth very much. Looking at the JSB Guidelines a basic claim may be worth around £500 with a more complex claim worth around £1,000 - £2,000. Loss of voice, singing ability, permanent damage, scarring etc will attract a higher payout. You should be able to claim your loss of earnings for staying at home to look after your daughter and any other expenses involved in her care. I can't comment on the case you read in the Metro - every case is different and there may be other circumstances in that case which we are not aware of resulting in the higher payout. I would not recommend that you attempt to make a claim yourself as the law in this area is complex and the Trust will have lawyers who are far more experienced in these claims than you. What I would recommend is that you continue to ring around to see if anyone will take he claim. You can get a list of solicitors from the Law Society www.lawsociety.org.uk or you can try somebody from this list:http://www.lawsociety.org.uk/support-services/accreditation/documents/clinical-negligence-members-list/
Alice H and other Law Specialists are ready to help you
Expert:  Alice H replied 1 year ago.
Good evening. Please remember to take a moment to rate my answer otherwise I am not paid for my time. Thank you. Alice :)