I think that your reply crossed with my answer. I have made a few amendments.
The fact that you may be in the Isle of Man is irrelevant. However if you are bringing proceedings against the hospital you would need to bring them in England which may not be particularly convenient. If you are using solicitors, with modern communication and the fact that you are so close to Liverpool it would mean that it’s really not worth worrying about. The majority of communication with the solicitor would not be face-to-face. You can do this yourself but unless you have experience of legal proceedings I would suggest using a solicitor.
What you would have to prove is that the hospital had been negligent and as a result of the negligence there had been loss or injury. That would include dying sooner than would have happened naturally. If your late husband signed an informed consent form with the hospital where he agreed that he understood the risks but nonetheless wanted to go ahead anyway, that would not absolve the hospital of liability if the treatment had been negligent. Just because treatment doesn’t work, doesn’t necessarily mean it’s been negligent however. It would have to be proved that the failings and the missing notes and the lack of treatment led to injury or premature death.
There is certainly a claim here worth looking at.
Most firms of solicitors will deal with personal injury and clinical negligence matters. But, you might want to contact a firm of solicitors that specialise in clinical negligence who would look at this on a no win no fee basis. There are lots of firms in the around Liverpool that would take this on for you although whether it proceeds would depend on the detailed facts and circumstances surrounding the treatment. I do know that Lees & Partners in Birkenhead have a specialist department that deal with clinical negligence matters. I don’t know the firm, I just know of them.
Can I clarify anything for you?
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