AIBU to consider legal action after admitted hospital negligence?

[BillyNotQuiteNoMates]

I don't want to go into too much detail, to avoid "outing" myself, (name changed) but a close family member passed away recently, in hospital. We know there was serious negligence. The hospital have admitted this, and I have been advised in a document from the NHS to contact a lawyer. My problem is that other family members are adamant that they do not want to know what happened or pursue any action, so I can't speak to them about it. While "money" is always "useful", I don't WANT it, I just don't want anyone else to go through what my family have. I have been advised that sueing is the most effective way of forcing changes. So, should I sue (NBU), and if I do, what should I do with any financial payout?
For poll purposes
Sue ... YANBU
Don't sue ... YABU

In writing… the NHS has explicitly admitted negligence and actually advised you to contact a solicitor to progress a claim against them?

Who is the next of kin

and… well are you sure about this??

for the hospital to have admitted negligence in writing… there would have been an extensive investigation, with you being fully aware.

Have you been aware of such an investigation?

What a horrible situation, condolences on your loss OP.

Your family member is dead as a result of negligence. It doesn't get much more serious than that and any change that you manage to force by suing will hopefully save another family from the pain of losing a loved one unnecessarily. So you are definitely not being unreasonable to pursue legal action although you might find it hard to go through that process with no support or communication about it with your family. You might find it useful to join a support group of other families who have been through this simply to be able to talk about it, perhaps the HPA (The Harmed Patients Alliance).

In terms of what to do with any money awarded, it's hard to say without knowing who you are in relation to the deceased and what other family there is. If there are younger children (minors), I'd probably stick it in a trust arrangement for them. If not and there is no obvious answer that won't cause ill feeling, I might consider giving it to a charity that supports bereaved families.

What’s your relationship with the person who died, as this will affect whether you can even do this.

well if they have already admitted negligence in writing and advised you to contact a lawyer then you should definitely do that. I don't think it will force any changes tbh but maybe the financial compensation helps the impact on the family.

They've admitted the mistskes made, and have stated that there are 2 paths to legal action. One would cap a claim at a certain amount, but that as any claim would potentially be more than that, they advise speaking to a solicitor.

Are you sure they said negligence? Negligence has a very specific set of criteria and hospitals don’t usually come straight out and tell you this. You’re sure they didn’t say breach of duty or care fell below expected standards or similar instead?

Yes

If i was sure, I wouldn't be asking the question

Act upon the advice and decide what to do with any financial compensation later.

As you said, this could prevent other people having the same experience.

Did they identify the negligence and implement an investigation? Or did you report and an investigation followed on from your report?

Are you the next of kin?

I'd take their advice and contact a solicitor. If you do get a payout you should share it with the others in your family who are also bereaved. And maybe give some to a charity relating to the illness or health issue your loved one who died suffered from?

All I can say, is that yes, I could do so, if I chose to.

Was the letter addressed to you?

Sorry, but I'm not giving any further details. They are irrelevant to the question I asked.

Whether or not the letter is addressed to you is basically the most relevant question

Any money should be distributed in accordance with the deceased's will.

This is a very stressful process. Even if they have admitted liability. Ive been through it and it was a lot of effort.

I hope you're OK.

It really isn't, but thank you for your input

Yeah that would make sense actually.

But it is! You were saying family don’t want to do this.

To whomever the letter is addressed to - it is squarely their decision . So if that’s you, then you explain to family that as the closest relative, you feel that you have a responsibility to process this. Not only because you lost a relative because of this negligence but also to hopefully stop it happening again .

and if the letter was not addressed to you, then you support the decision of to whomever it was addressed to

So now do you understand the relevance of the question

Although your lack of a response to this simple relevant question is, I suppose, an answer in itself. In which case, support the person to whom it was addressed to

I would but please be aware it is a rather stressful process. A close family member went through this and one of my children has suffered an injury due to mistakes made during the labour and delivery process. Trying to decide what to do is always horrendous.