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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 318
Experience:  8 years legal experience
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Medical Negligence Claim, UK, None, Vaccine Case

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Medical Negligence Claim
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Vaccine Case

Hello please explain your query so I can see if I can assist.

Customer: replied 13 days ago.
Which argument is stronger?

1) Breach of Duty of Care from the Doctor who
recommended me the Vaccine when it shouldn’t have
been done as I was not a person at high risk of the infection -
no 'responsible body' of health professionals would support the
action taken. Such opinion isn’t susceptible to logical analysis.

2) Breach of Duty of Care from the Doctor who
gave me the Vaccine as I was oblivious when it shouldn’t have
been done as I was not a person at high risk of the infection -
no 'responsible body' of health professionals would support the
action taken. Such opinion isn’t susceptible to logical analysis.

Firstly just to let you know, in a medical negligence action it is possible to sue more than one party, whether they recommended or administered the drug.

However from your options, I would state the first one is a stronger argument on the basis that for a recommendation to take place, a diagnosis and risk assessment should have taken place prior. And if that risk assessment has been done to a standard less than that expected of a prudent reasonable and capable Doctor, then the breach would be stronger, as it is more reckless.

Customer: replied 13 days ago.
What if a diagnosis and risk assessment have taken place prior. But it shouldn't have been done since I didn't qualify for Vaccine

Then I’d ask who undertook the examination? Who signed it off that it was what you needed?

In all honesty it wouldn’t matter because it seems like a negligent action all around; as a result of mediocre professional decisions you have had adverse effects you wouldn’t have had otherwise, by either their acts and/or omissions.

Needless to say I do not know the back story of your case and who has done what, so based on the information you have shared, I would choose option 1. But please feel free to provide more information if you wish, and I can provide a more accurate response.

UK Solicitor John and other Law Specialists are ready to help you
Customer: replied 13 days ago.
What if the Medical Professional says the Patient was oblivious?

Is that a defence they are using? Because it isn’t a valid one. They are medical professionals because of their knowledge expertise and qualifications, so it wouldn’t matter if the patient was oblivious or a fellow professional.

If it is not a defence, then I do not see the relevance in that statement or how it would absolve them of any liability for a negligent action in administering certain medication or drugs which has caused a bad effect on someone. Although, I suppose they have to try and conjure a reason.

Customer: replied 13 days ago.
What if they said they were just involved in carrying it out but the Patient was oblivious?

No, I’m sorry. If they are medically qualified professionals then an excuse of just carrying it out would not absolve them of liability, essentially just following orders. This is not viable as anyone can follow orders. It is a lesser offence than one of the person who ordered the administration but then you’d look at the institution as a whole and the procedures and policies it follows. The patient being oblivious is not a strong argument I’m afraid because factually speaking; a negligent action has occurred which has resulted in loss and damage therefore someone is liable for this, and it isn’t the patient.

 

Customer: replied 13 days ago.
Which argument is stronger?

1) Breach of Duty of Care from the Doctor who
recommended me the Vaccine when it shouldn’t have
been done as I was not a person at high risk of the infection -
no 'responsible body' of health professionals would support the
action taken. Such opinion isn’t susceptible to logical analysis.

2) Breach of Duty of Care from the Doctor
who was involved in carrying it out but the Patient
was oblivious when it shouldn’t have been done as I was not a
person at high risk of the infection - no 'responsible body' of
health professionals would support the action taken. Such
opinion isn’t susceptible to logical analysis.

Option 1 is stronger argument to have against the Doctor.

Customer: replied 13 days ago.
Does Option 2 still have a Case?

Yes, absolutely

Customer: replied 13 days ago.
But As capacity can sometimes change over time, it should be assessed at the time that consent is required.

If the healthcare professional feels you have the capacity to give your consent, your decision will be accepted and your wishes will continue to be respected, even if you lose capacity at a later stage.

Consent is always required. And if the patient is incapacitated then consent is required through a litigation friend. But when we are speaking about a negligent action, that is a different matter. If a professional owes a duty of care to ensure their acts do not cause harm to the patient, then consent is inconsequential. Unless a disclaimer has been signed but even then, it goes back to the risk assessment, now likely is it that this patient will suffer as a result of my actions?

Customer: replied 13 days ago.
If the person
wishing to make a claim has throughout suffered from a disability
affecting their mental functions, which prevents them managing
their day to day life, then, provided certain tests are satisfied,
there may be no time limit within which Court Proceedings must be
commenced. I think that it might apply in the case to which my
enquiry relates because I lack ‘capacity’ due to my Paranoid
schizophrenia which is characterised by predominantly positive
symptoms of schizophrenia, including delusions and hallucinations.
These debilitating symptoms blur the line between what is real
and what isn't, making it difficult for me to lead a typical life.
These negative symptoms might include an increasing lack of
motivation, decreasing inability to pay attention, or social
isolation. I experience debilitating thoughts and perceptual
distortions. I experience impaired motor or cognitive functions,
including disorganised speech and disorganised or catatonic
behaviour. Do I have a strong case for a Claim based on that
as Statue of Limitation does not apply to me?

Yes you are quite correct, statute of limitations will not apply and you may have a case.

Customer: replied 13 days ago.
Which argument should I use?
1) Breach of Duty of Care from the Doctor who was
involved in carrying it out when it shouldn’t have been
done as I was not a person at high risk of the infection - no
'responsible body' of health professionals would support the
action taken. Such opinion isn’t susceptible to logical analysis.

2) Breach of Duty of Care from the Doctor who was
recommending the treatment or investigation when it
shouldn’t have been done as I was not a person at high
risk of the infection - no 'responsible body' of health
professionals would support the action taken. Such
opinion isn’t susceptible to logical analysis.

Hello I believe I have already answered this one for you.

Customer: replied 12 days ago.
Yeah you said which one is stronger but is it more appropiate. Which argument should I use?

I would choose the first one

Customer: replied 12 days ago.
Can you demand posessions in Heads of Claim in the US from a UK Claim?
Customer: replied 10 days ago.
At what Stage do you do the Heads of Claim?
Customer: replied 4 days ago.
1) Just say you want possessions that are in the US, can they grant it if you have a Claim in the UK?

2) When do the Solicitors do the Heads of Claim that the Claimant wants?