Fighting for my child

[Stressedttt]

To keep it brief

Something awful happened to my child , she was sick and was subject to almighty cock ups in hospital .

She has suffered long term complications which needs continual treatment and will need hospital management for the rest of her life .

After a long time of denial from the hospital and engaging with a lengthy and high level complaints procedure , we have finally received acceptance that our child received unacceptable treatment by the hospital which has caused her complications ( as determined by the independent expert opinion report )

1. I feel my child has been let down but just by the poor treatment but also the subsequent denials

1. I don’t want to sue but think that this is what She would want me to do ( she’s a toddler )

Question is

1. Would you sue ( on behalf of your child )

1. How hard is the road ?

1. Do you have any recommendations or suggestions on the road ahead and common pitfalls / tips

1. Do you recommend any other strategies to get justice for my child .

Thanks any help , advice support or handhold gratefully accepted

Anyone!

If you would sue what would you do with the money ... would it be something that could help her with the issues or help set her up as a young adult?

I would potentially look into a no win no fee option

My cousin had Something happen that will impact her physically foe the rest of her life and she is doing it ... it’s going to shorten her ability to work As well as loss of earning with extended recovery time... so it Amy be worth it but It has been two years already so it is a long road, so sorry your child is going through this and you and your family x

Of course the money would be all hers to set help her life , protect her against financial troubles if her health makes her unable to work ,the anxiety and stress that she will have to live with knowing her condition and the possibility that she has to live her life knowing that she has this problem , the losses incurred with the years of her life she will spend with all the care needs she will have to look after , hospital appointments , surgical investigations and potentially interventions ...

It kills me that I was with her in hospital and I couldn’t stop what happened . I feel like I let it happen though I know everyone tells me that isn’t true . I felt that I failed to protect her .

I just feel that somehow if I take these steps I can somehow at least try to take away some of the damage done to her life though I know nothing is going to take this away

I know it is hard to listen to others when they say not to blame yourself
Your instinct is to protect your child and when something bad happens it’s your instinct to blame yourself
But when you are faced with people who have spent years learning about medicine your going to trust their judgement because everything tells us that these people are experts.

It really isn’t your fault.

Based on what you have said above I think you should start the intital steps of enquiring about taking them to court a lawyer will be able to
Give rough time frames also and what such a thing entails the fact you have an admission of guilt should surely be half the battle x

I think you should seriously think about how much your DD would need if you do sue, and whether her need outweighs the overall need of other people who use the NHS.

Any money you receive is money that can't be spent on giving someone else the care they need.

Not saying you shouldn't sue, but asking how you'd hypothetically feel if you knew someone else suffered more than DD due to lack of money in the NHS

I’d sue.
I wouldn’t think twice about it either.
If it gives your daughter financial security later on in life (which she may need due to the hospital fuck ups) then I’d sue.

This bollocks about NHS being sued takes money from other patients gets my goat.

The NHS has insurance - thats where the money comes from.

And even if the money came out of funding for patient care- the OP has a responsibility to her daughter - not a responsibility to misguidedly try to make up for years of underfunding, ideological conservative drives towards privatisation and piss poor management, with a single discontinued case.

*I think you should seriously think about how much your DD would need if you do sue, and whether her need outweighs the overall need of other people who use the NHS.

Any money you receive is money that can't be spent on giving someone else the care they need.

Not saying you shouldn't sue, but asking how you'd hypothetically feel if you knew someone else suffered more than DD due to lack of money in the NHS*

Ignore every single word of that.
Get legal advice which hopefully will lead you to taking an action behalf of your daughter and winning.

The NHS has insurance - thats where the money comes from.

Are you sure about that?

Not sure the NHS does have insurance.

I think that children can sue themselves within a certain time limit of their 17th birthday? Look into it - you may decide to wait for a while rather than rush it. Or you may find the m in bey useful for meeting her needs now.

@MoreSlidingDoors doctors and nurses have to pay for liability insurance in order to practice

But if you sue a Trust the money doesn’t come from an individual’s liability insurance.

Yes, you should totally sue.

Not just for your daughter, but for the message it sends to those in the NHS who have been denying the truth and obstructing you in every way they can. If nobody calls them on this then they have every reason to continue to do this with the next victim, and the next.

It's a fight you should never have had to have, especially at this time when you are dealing with so many other things, but if they face some consequences for it then they may reconsider their tactic of "deny everything and hope it goes away."

I would sue as well but with a good lawyer who could help establish how much value to put on future loss of earnings etc.

Anyone have any advice on dealing with lawyers seems like a minefield

Anyone ?

It's a long long drawn out process.

You'll spend a lot of time tired and crying and frustrated.

When the money finally comes it'll be wrapped up in a Trust, with various Trustees watching where every penny goes and vetoing as they see fit.

The above is my knowledge of these things.

I'm sorry about your daughter.

The NHS has insurance - thats where the money comes from.

Are you sure about that?

Categorically yes.

The NHS has Crown Indemnity. Doctors do not have to have individual insurance to practice but most do.

What’s a trust exactly and how does it work ?
I just want justice and for her to know that I did what to could to try and fix this ( when she’s older ).

I don’t want her to think I let her down .

It would be fine by me if she can only access any funds ( if she gets any) when she’s an adult .

The only reason for wanting to do this is my worries about what her life will be like when she’s an adult and has to rely on herself ..

I’m happy for her to depend on me for as long as I’m able ... I just worry about what will happen to her when im older / I’m not around /or can’t do it anymore ....

The NHS has Crown Indemnity.

Which is nit insurance. (Categorically.)

*not insurance