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AIBU?

Personal injury claim

32 replies

Weelady77 · 03/02/2014 12:49

Long story cut short!

Took DS to doctors too have warts removed, it was a locum doctor she sprayed his whole hands with liquid nitrogen, he had 2 3rd degree burns and every other finger was burnt except his thumbs, had to attend hospital a few times and nurse at our surgery every day for 2 and a half weeks, DS had to wear cotton gloves on holiday and total sunblock!

The nurse we were seeing told me to sue the doctor! And I did put a claim in against her, he has been offered Â£1000 which is a lot of money but everyone including DH are telling me to knock it back!

That's the short story there's more to it but I'd be here all day typing!

What would you do?

OP posts:

Report

Famzilla · 03/02/2014 12:50

I wouldn't sue at all.

HadABadDay2014 · 03/02/2014 12:51

How old is DS.

£1000 for let say my DH wouldn't even cover the time off work.

LessMissAbs · 03/02/2014 12:52

Wouldn't you be best making an appointment to see a solicitor to discuss?

Weelady77 · 03/02/2014 12:52

He was 14 at the time, he missed a lot of school and when he went back he had to use a ipad as he couldn't write

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HadABadDay2014 · 03/02/2014 12:52

the one and only time DH did a PIC was when he was off for 6 weeks and all he cliamed for was lose of earnings.

Weelady77 · 03/02/2014 12:53

Lawyer is off today and tomorrow who is dealing with case

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Mollydoggerson · 03/02/2014 12:53

I would sue. She injured your child, she was incapable of doing her job and now he has scars on his hands. The money will be put away for your child until he reaches 18, then he will have some funds for college or whatever.

They messed up, pretty badly by the sounds of things. They have insurance to cover them for negligence like this.

HadABadDay2014 · 03/02/2014 12:54

would the £1000 be enough to cover loss of education to get a bit of private tutoring.

Fontofnowt · 03/02/2014 12:54

Decide how much suffering and pain.
Then add in inconvenience and out of pocket.
Then search your concience.

You should be compensated but the industry are quick to offer a brush off amount and people can be quick to see everything as a payday.

Hope the lad didn't suffer too much.

Weelady77 · 03/02/2014 12:55

Molly I wouldn't have claimed had she apologised but all the practice manager said was it was a learning curve for the surgery!!

I wish I could post the pictures of his hands

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greenfolder · 03/02/2014 13:15

nope. i wouldnt settle for that at all. 1000 is exactly the minimum at which sols will get costs. I assume it was v painful for him. get your solicitor to do the job they are paid for. presumably the settlement would need court approval anyway

Weelady77 · 03/02/2014 13:43

Green it was agony but he was very brave! Nothing makes me squeamish apart from when they peeled the dead skin off I had to leave the room!

Solicitor not back till weds so will phone him ASAP, DS hasn't been for a medical yet but don't know if that would make a difference?

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allotmenteer · 03/02/2014 15:33

OP any compensation will need to take into account whether your DS has suffered any pain (sounds like he did), permanent scarring, etc etc. Medical opinion will confirm whether he is likely to have suffered any long-term damage - this is his hands you are talking about - they are on show and he will need the use of them. Vital you get it right at this stage as you could end up agreeing on his behalf that he will not claim for something that could come to light in the future. Don't do that until you are armed with all the information available.

greenfolder · 04/02/2014 07:01

I can't see how your solicitor could settle a claim for a child without medical evidence so I would say you have a long way to go before reaching a settlement.

bakingaddict · 04/02/2014 07:17

It seems a very low offer for what it was. Speak to your solicitor but I think it may just be an opening offer. Has your solicitor said whether you should accept. Im a bit confused was the offer made to you via your solicitor or a 3rd party. If 3rd party then do not accept anything without a solicitor because if you do you will not get further legal assistance

JodieGarberJacob · 04/02/2014 07:21

Same thing happened to me. Never occurred to me to sue. I had to take unpaid time off because I couldn't use my hand, perhaps I should have.

Weelady77 · 04/02/2014 07:39

Baking it was an offer made through the solicitor, I've to phone him tomorrow as he's off just now!

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Peekingduck · 04/02/2014 08:04

Speak to your solicitor who is dealing with the claim. They will advise. First offers tend not to be accepted.
These things take a long time. I've just settled a claim that took 2.5 years, so I'd advise you to be prepared for a long process, and maybe it will be quicker!

Weelady77 · 04/02/2014 08:33

I didn't think it would be this quick, DS is worried in case I knock it back he will get nothing!

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VelvetSpoon · 04/02/2014 08:45

Ok, firstly your solicitor is in a lot better position to advise you than a bunch of internet randoms who know little or nothing about the law...

This is strictly speaking a medical negligence claim. These can be difficult to prove (it's far less straightforward than proving negligence in a RTA, accident at work or slip and trip). I don't know enough about the circumstances to advise on liability (again, your solicitor will be able to advise you) but I would suspect this offer is being made simply to dispose of the claim and without any admission of fault.

If rejected, you may find it is a long, involved process to get an admission of liability, then to value the injuries. And ultimately the amount of compensation may not be significantly greater. Again, your solicitor will have some idea as to the severity of your son's injuries and whether there is any residual scarring or long term effects, and can advise.

brokenhearted55a · 04/02/2014 10:42

This reply has been deleted

Message withdrawn at poster's request.

AnnabelleLee · 04/02/2014 10:44

talk to your solicitor, no-one here can tell you.

And leave some !! for everyone else.

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DameDeepRedBetty · 04/02/2014 10:46

I really don't think AIBU is the right place for this one.

Repost in Legal.

Weelady77 · 04/02/2014 10:48

Broken I was only asking as my solicitor is on holiday no one else will speak as it's his case, I was only asking as I couldn't ask anyone else
Sorry!

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Babbit · 04/02/2014 10:48

When your solicitor told you of the offer he should have provided advice on whether to acept or not as standard. If a claimant is under 18 a settlement requires court approval and this will not be given without medical evidence and a barrister's advice on quantum (the value of the claim). You have time on your side (3 years after your ds turns 18) so do not rush to make a decision. If your solicitor is not giving you advice, complain. There should be absolutley no need to consult anyone else, other than DH/DP, on this issue of your solicitor is doing his job properly. Has liability been admitted?

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