Given the legal right then, and the numbers of people who claim, do you think it’s right that someone should sue?
We have recently secured £15.1m for a person injured at birth and left with significant disabilities. She now has enough money to pay for 24-hour care that the NHS agrees she needs as a result of its negligence. She will also have a home that she can access which the NHS agrees she needs as a result of their negligence. She has been compensated for the pain and suffering which the NHS admits she would not have suffered but for the negligent treatment. And, finally, she now has compensation for the loss of income that she would have earned but for the NHS’ negligence.
This person didn’t want to sue the NHS, and her parents didn’t want to sue the NHS. Unfortunately, situations like this leave families with little choice but to seek legal redress and, whilst they aren’t common, they happen more often than they should.
It’s also worth remembering the legal test that all claimant solicitors have to prove when bringing a negligence claim – that a medical practitioner has breached their duty of care, and not exercised a reasonable standard of skill or care when treating someone. This is not an easy hurdle to overcome; the standard requires other medics who are prepared to stand up in court and say that their colleagues’ actions are so bad as to be classed as negligent.