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

For me, I don't think its ever appropriate to sue the NHS unless the money is required to support the life of the patient, (e.g if negligence caused a disability which prevented them from working).

Suing the NHS is suing the tax payers. Every penny that comes to you is tax payers' money (and it obviously isn't tax payers' fault) and is also diverting money that could be used for other people's care. I would push for written information on what happened, why it happened and what is now in place to ensure it doesn't happen again but suing hard working tax payers wouldn't sit comfortably with me.

How do you think we screen new enquiries to determine which cases we are going to investigate? There’s always an initial call with the prospective client to take full details about what has happened. We may decide to proceed under a conditional fee agreement (no win no fee) based on the information in that call or we may obtain and review the medical records first before making a decision. Alternatively, we may come to the view that the claim doesn’t have reasonable prospects of success and tell the caller we are unable to assist them.

It’s very rare for personal injury claims to be funded privately by the client paying the legal fees themselves. And legal aid is no longer available for most types of claim.

I’m guessing you’re not a medical negligence solicitor?

@BillyNotQuiteNoMates

The best thing to do at this juncture, OP, is to arrange to see a solicitor in person, so that he/she can assess the situation and advise you accordingly.

https://solicitors.lawsociety.org.uk/

Limitation (the date by which you have to issue court proceedings) typically expires 3 years after the date of death. The inquest process can take years depending on the complexity of the issues and the current Coroner’s court backlog.

if limitation is approaching, you or your solicitor can seek to agree an extension of time in writing with the defendant Trust or NHS Resolution (the NHS insurer).

It’s sensible to await the outcome of the inquest before pursuing a civil claim. Although the coroner cannot apportion civil or criminal liability, they can make findings of fact which often assist with a claim for damages.

Not daft…

As well as working with a lawyer (which you should), maybe let a respected health journalist know about the case so that you can spearhead a push for systemic change. You need to know exactly what change you’re asking for before you do this though.

As a family we sued the NHS for gross negligence. We used a solicitor (think Irwin Mitchell). It settled out of court. It was clear cut. I understand the emotional challenges and stigma surrounding suing the NHS. We got some satisfaction that they admitted negligence and was ‘punished’ by paying out.

Changes did happen.

The money was used to support the remaining spouse who had endured the loss and trauma. They had been widowed relatively young and needlessly. It was no where near a life changing amount but allowed for a some joy and better care in the later years.

You could always donate it to charity.

This does happen, I received such a letter after an investigation into the near catastrophic birth of my daughter.

Op, I chose not to pursue things further, mainly because these things take years and I didn't want it hanging over me or having to dredge over it many times in a legal setting. I wanted to move forward with my life. However, this was a scenario where both me and baby were ultimately physically okay (although I carry significant mental scars). I can understand someone making a different decision but I would be very cautious about what you are taking on, especially unsupported.

On the contrary. When my mum died due to admitted mistakes by the hospital, I made several enquiries to local and national solicitors all of whom called me back and did indeed give me the same advice as @PinotPony - medical negligence cases can attract HUGE sums which no win/no fee solicitors can earn a substantial chunk of, so it IS in their best interests to take the time to ask pertinent questions about each case. As @PinotPony says though, unless pp was a financial beneficiary in England you cannot sue the NHS for anything above the statutory figure which frankly is not worth the upset. There is not a magical sum of money due to op at all, but it would definitely be worth making some enquiries outside Mumsnet to have this confirmed.

I agree. I used to work in a med neg department. We had 2 people who worked full time screening claims!

I'm late to this thread, @BillyNotQuiteNoMates , but when a close relative died and it was established at an inquest that the NHS trust was at fault, my DH wanted to take legal action (for the same reasons as you) and I didn't. We managed it very well (unusually for us!). He took action in his own name and I stayed out of it completely.

There was zero negative consequence for me, and I felt it completely right that he should feel free to pursue his grief in the way that made sense for him, while I pursued mine in a different way.

I think the process was pretty straightforward for him, too. The solicitor did more or less everything.

Because it was DH's action and not mine, I left it completely up to him what to do with the settlement (though in fact he did want to run it past me, which was fine). He gave a large chunk of it to a wonderful charity that had tried to help our relative. The rest, I think there is another donation he is still planning to make.

It might be worth asking your relatives to consider what their objections are. It may be that by talking through it they can come to see that it is legitimate for each person to handle the bereavement in accordance with their own emotional needs.

If you’re not the most direct next of kin and the persons dead you probably wouldn’t get that much money anyway. This isn’t the USA, massive awards here are only made where the person has expensive long term health costs and other losses/not being able to work etc.

You probably won’t even have to sue.

they’ve admitted it and encouraged you to get a lawyer.

this will be to negotiate terms of a payout.

The NHS absolutely will admit to negligence, it comes under duty of candour.

Legal action will get you money but not necessarily change. If a case goes legal then it’s handed over to the trust legal team and they deal with it all. They will manage all contact with the family. In most cases they will settle out of court as it works out cheaper and quicker.

If you are looking for change then I would advise continuing to work directly with the trust. You should already be in contact with someone from the patient safety/incident investigation team and you can ask them what changes they are planning to make and over what timescale. You should be able to have a copy of any investigation reports and you can ask for follow up confirmation of what changes have been made.

My adored grandmother died as a result of hospital negligence and I took legal action on principle to try and ensure it wouldn't happen again. The NHS Trust decided to settle out of court. Although I'm not well off I split the money awarded between charities that my nan supported or approved of.

I'd wait for the coroners report after the inquest unless you have access to the medical records, sorry for your loss.

No - NHS is bankrupt - sounds like the rest of your family don’t want to make it worse.

No one can make that decision for you and I am actually a solicitor in that field.

Its pointless asking on here - put the feelers out with some solicitor's firms who specialise in that area and see what they say.

But what you can't do is expect meaningful advice from the limited amount of detail given and expect people to be able to give an opinion when they aren't necessarily lawyers.

To know if you could bring a claim.I'd need to know the relationship to you, whether they had dependants and whether or not you'd have any standing to bring a claim - are you the next of kin.

You are not prepared to say anymore, so you're not going to get any meaningful advice.

If you aren't capable of bringing the claim and it has to be another family member and they don't want to, then it's out of your hands.

They aren't bankrupt and I guess if the NHS killed a family member of yours through negligence you'd just shrug, and say never mind.

People tend to have that opinion until it happens to them.

Most medical negligence in the NHS is directly attributable to failing systems and lack of funding. Exhausted, over worked, underpaid, under resourced and/or under supported staff make errors than can harm and kill.

Taking even more money out of the system by suing is not going to help anything.