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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 13923
Experience:  Senior Associate Solicitor
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Father died from brain hemorrage 48 hrs after was assaulted

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Father died from brain hemorrage 48 hrs after was assaulted by a fellow patient on old age mental health unit in Scotland. NHS have agreed they did not follow procedure after the assault but not medical negligence as appropriate after care would not have prevented his death. My Sister and I were not informed he had hit his head until 2 weeks after his death. Can we claim for the trauma caused to us and the lack of support to us?
JA: Can you tell me where this is? And do you have copies of the medical records?
Customer: Happened in Tayside but we reside in England. Yes and a 5 page report from Procurator Fiscal in Forfar.
JA: Has anything been filed? If so, what?
Customer: Filed by whowm
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The event occured in October 2019 but only just had Fiscal's report. The attacker lacked capacity. Happened following catalogue of errors by Angus Health Social Care Partnership.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue and of your loss. I will set out my written answer shortly.

The NHS Constitution says "you have the right to receive care & treatment that is appropriate to you, meets your needs & reflects your preferences",

If dissatisfied, patients can complain to the NHS - their GP or provider Trust. If dissatisfied with the outcome of the NHS complaint, they can then appeal to the Parliamentary Health & Social Care Ombudsman here: https://www.ombudsman.org.uk/making-complaint

Patients also have the right to compensation where they have been harmed by negligent treatment. You say the NHS have denied they were negligent though I would not take what they say at face value - you need a law firm on a no win no fee basis, to consider a claim for negligence. They will apply for your late Father's medical records to see what actually happened and also records for care/supervision. If there is evidence the NHS could have prevented this from happening then you would be able to claim damages.

Patients can also exert pressure by referring the matter to their local Healthwatch - who are patient’s consumer champions - yours can be found here: https://www.healthwatch.co.uk ) / to the local press / to your local MP.

Just Answer is an internet forum and not a law firm - you will definitely need a law firm to pursue the NHS for this. The following could assist you and they would not charge you up front :

  1. http://www.slatergordon.co.uk
  2. http://www.irwinmitchell.com
  3. http://www.cfglaw.co.uk
  4. http://www.simpsonmillar.co.uk

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 13 days ago.
Thank you for directing us to solicitors

My pleasure, thanks

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