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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10257
Experience:  I have been practising for 30 years.
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My father was in a care home (restpite) for about 3 weeks

Customer Question

hi . my father was in a care home (restpite) for about 3 weeks .when he arrive at home and try to preparing for the night , we find his knee swolen . hi had verry bad stroke in 2012 and its bed bound . we call the police to see him and they call the ambulance . we have some rezults as hi had a brocken low femur . we did not get any reports from the care home and the brent counci with what it happen and they refuse to relize any statements . we was to see a solicitor and they ask for the reports fro brent council ,care home and gp . when we ask brent council for any statements , they ask why we need the statements and they have to speak with they manager in every conversation we had . and one day we reive a letter from bren as the case is been close . so no one its guilty for misstreatement . next to the brocken knee are more bruzes and wonds . how we will get the assesments and any reports from all of this institution as the solicitor ask for alot of money for this paper only , wich my mum does not have this money .and if they have no paper thei can not say the outcome of the case . my mail its***@******.*** regards Doru
Assistant: Where are you located? It matters because laws vary by location.
Customer: london harrow
Assistant: Has anything been filed or reported?
Customer: just verbal . we have the police case number ***** hospital discharge and cd with the x ray
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: how we can get the reports
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Hello - was he in a private or council run home? what is it exactly that you wish to pursue in regard to his treatment please?

Customer: replied 4 months ago.
He leave in private rented property paid by the council and the care home was paid by the concil . The think its they dont want to release any document as my mum said to the council she want compensation for all that pain my father its been trough
Expert:  F E Smith replied 4 months ago.

I am afraid I’m going to have to opt out of this for another expert. Kind regards

Customer: replied 4 months ago.
Ok . Thanks for you time
Expert:  F E Smith replied 4 months ago.

No problem. Another expert will pick it up at some stage

Expert:  F E Smith replied 4 months ago.

I have been asked to look at this again for you. I will answer as far as I’m able.

Although there is no legal reason why your mother cannot bring a claim like this herself, unless she has experience of doing it, she might want to consult solicitors.

She may find a firm of solicitors to take it the win no fee otherwise it’s expensive and it’s not a case that I would suggest it would be worth spending money on to do personally.

Some judges are not keen on personal injury claims (this is a personal injury claim) which have been brought by the survivors/beneficiaries of someone who’s passed away. The reason is that the deceased potentially suffered the inconvenience and trauma and the injury and the pain and the suffering and it should therefore be the deceased that benefits from the compensation but they can’t do that and some judges feel that it’s unjust for the family to have a windfall on the suffering of someone who’s died.

Not all judges feel like that but some take that view.

At the moment you say you want to see the paperwork. It appears that they are not releasing it. That’s relatively straightforward to deal with and what you do (better threat coming from a solicitor) is tell them (in writing) that unless they release this paperwork (they are only obliged to release it to an executor of your late father’s estate or next-of-kin if there is no will) then you will make an application to court for pre-action disclosure of the documentation and your last court to award costs against them.

In respect of what happened to your father and in respect of any injury claim in general, there needs to be:

1 a duty of care

2 the duty of care needs to be breached

3 as a result of the breach the claimant has to suffer loss

4 the consequences of the breach and the loss need to be reasonably foreseeable.

Unless all those 4 heads are satisfied, there is no claim.

Can I answer any specific points arising from this?