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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I live in the Isle of Man .my husband passed away in the

Resolved Question:

I live in the Isle of Man .my husband passed away in the Royal Liverpool hospital .I have since found out and had a meeting with them that there was a lot of failings in there care of him .they have admitted this .i now would like to sue them but don't know how to as it happened in uk and I live in Isle of Man
Thankyou Mrs Anne Dale
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If it was not for the failings, would you not have lost your husband?

Why was in the hospital in Liverpool rather than hospital in the Isle of Man? Is it just because the facilities are better?

Customer: replied 1 year ago.
He had pancreatic cancer and was on a trial .became very sick and was admitted .trial could only be done in Liverpool .john was terminally ill so would have died
Expert:  F E Smith replied 1 year ago.

Thank you. I am sorry if the questions are painful but I do have to ask.

If he would have died anyway, what difference would the absence of the failings and better treatment have made? Would he have died later?

Expert:  F E Smith replied 1 year ago.

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.

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?

Customer: replied 1 year ago.
catastrophic failings, errors in and missing notes. No treatment until 2 hours after last procedure when he had aspirated on faecal vomit.
Expert:  F E Smith replied 1 year ago.

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?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 1 year ago.
The cause of death was aspirational pneumonia. He would not have aspirated if he had not had the procedure. The hospital have admitted, during a recent meeting, that he didn't need this procedure and he should have been allowed to go back to the island to die in Hospice or at home.
Expert:  F E Smith replied 1 year ago.

Thank you. It would need to be proved that this procedure was unnecessary carried out negligently and accelerated the death or that it caused unnecessary pain and suffering and discomfort. It is certainly worthwhile speaking to a solicitor specialising in clinical negligence.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help .they have admitted they should not have gone ahead with it .also it took them nearly two hours to treat him after aspiration by which time to late
Expert:  F E Smith replied 1 year ago.

Thank you. I appreciate that. It is not the fact that they went ahead and should not have done, it is the adverse effect (if any) that treatment had which is relevant.