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Son needs an operation following camp, is there negligence

308 replies

Cubic · 14/09/2023 17:19

My son went on an organised camp with a well known youth organisation. He fell playing a game and has dislocated his shoulder. It has since dislocated again and the consultant says he now needs an operation to strengthen the joint and hopefully stop it dislocating in the future.

Mil has suggested we look into a personal injury claim but I'm not sure there is any negligence on the part of the camp, it was an accident. She's raised the point that it could cause problems in different areas of his life etc

Has anyone any experience of something similar or know if it would be classed as negligence? Surely accidents are just accidents sometimes?

OP posts:
AliOlis · 15/09/2023 09:59

Carpediemmakeitcount · 15/09/2023 09:55

What makes you so sure she doesn't?

I'm not certain she doesn't, there isn't enough information given.
But you absolutely have no cause to be certain she does.

Carpediemmakeitcount · 15/09/2023 09:59

Cubic · 15/09/2023 09:55

I wasn't wanting to go through litigation. It had been suggested on here that there is insurance to cover injuries that have occurred by accident (non fault) somewhat like travel insurance. I did do a quick Google and it brought up a couple. I'm hoping if they do, it may help with private treatment to speed things up. This kind of insurance hadn't occurred to me until this post. Husband is trying to get hold of someone today to find out.

There is no question around where, when or who was supervising etc.

They are trying to persuade you not to do it and will post anything to stop you. You ain't committing insurance fraud by trying to claim.

kirinm · 15/09/2023 10:04

@Cubic No fault accident cover? If that is a thing then fine - I've never heard of it and I can't see why an insurer would offer such a thing.

kirinm · 15/09/2023 10:09

I'm just guessing now but travel insurance applies to a specific person / persons. Not third parties.

I think people have been confusing public liability insurance for accidental injury cover but I could be wrong.

I'm also not suggesting you'd be committing insurance fraud for claiming (that other poster has no idea what she's talking about). I am simply pointing out that this wouldn't necessarily be an easy win.

Carpediemmakeitcount · 15/09/2023 10:16

No harm in sending a claim has your husband found anyone yet?

Cubic · 15/09/2023 10:29

@Carpediemmakeitcount thank you snd I won't know until I see him after work this evening.

OP posts:
TheFairyCaravan · 15/09/2023 10:37

Cubic · 15/09/2023 07:29

@Janieforever yes I have more children. No I won't disclose ages.

Post surgery recovery is 6 months not 3 months as per the consultant. 4 weeks minimum off school following the operation in an exam year.

Nhs wait times put the op Feb/ March next year so exams are likely to be impacted.

@FSTraining thank you, I'm not concerned about the judgement on here. Most posters learly haven't read the thread.

If they have accident insurance which covers this ofcourse I'm going to claim to see if the op can be speeded up. What's the point of the insurance if it isn't to be used?

Bollocks!

DS1 has, also, dislocated his shoulder,due to his own stupid fault, and it won't stay in place despite extensive physio. He's seen the shoulder surgeon who said the operation is very quick. It's literally a quick incision, clean up the joint and a few stitches in the internal soft tissue. He'd be back at work within the week and physio a couple of weeks later.

When DS2 had his shoulder surgery he was 17 and in his AS year. It was far more extensive because his injury was a lot more severe. He was still back at school within a week. The surgeon said he was the youngest person he'd ever done that type of surgery on but as he was young, he'd heal faster. He was in a sling for 6 weeks and he wasn't allowed to drive for 3 months due to. changing gear. He had a lot of physio after. It was on the NHS and excellent.

It's ten years since his operation. Yes he gets some niggles but he lives a full life. He went to uni: he has a career that he's flying in. He can do everything he needs to.

Your son had an accident fgs. Stop being so grabby.

Carpediemmakeitcount · 15/09/2023 10:40

TheFairyCaravan · 15/09/2023 10:37

Bollocks!

DS1 has, also, dislocated his shoulder,due to his own stupid fault, and it won't stay in place despite extensive physio. He's seen the shoulder surgeon who said the operation is very quick. It's literally a quick incision, clean up the joint and a few stitches in the internal soft tissue. He'd be back at work within the week and physio a couple of weeks later.

When DS2 had his shoulder surgery he was 17 and in his AS year. It was far more extensive because his injury was a lot more severe. He was still back at school within a week. The surgeon said he was the youngest person he'd ever done that type of surgery on but as he was young, he'd heal faster. He was in a sling for 6 weeks and he wasn't allowed to drive for 3 months due to. changing gear. He had a lot of physio after. It was on the NHS and excellent.

It's ten years since his operation. Yes he gets some niggles but he lives a full life. He went to uni: he has a career that he's flying in. He can do everything he needs to.

Your son had an accident fgs. Stop being so grabby.

That was before Brexit and we had nurses, doctors and surgeons.

TheFairyCaravan · 15/09/2023 10:47

That was before Brexit and we had nurses, doctors and surgeons.

Funnily enough we still do have nurses, doctors and surgeons. DS2 is one of them despite his dislocated and fractured shoulder, that needed surgery, and I didn't sue for!

Carpediemmakeitcount · 15/09/2023 10:50

How convenient

AliOlis · 15/09/2023 10:56

Carpediemmakeitcount · 15/09/2023 10:50

How convenient

What are you rambling on about?

Carpediemmakeitcount · 15/09/2023 10:57

AliOlis · 15/09/2023 10:56

What are you rambling on about?

Don't worry yourself

TheFairyCaravan · 15/09/2023 11:02

Carpediemmakeitcount · 15/09/2023 10:50

How convenient

Are you calling me a liar?

You don't like facts do you? You've banged on at the solicitor on this thread because she's called you out so now you're starting on me? Why not take a break from the internet and have a cup of tea fgs?

Oh and those ambulance chasers that you linked to take absolute years to do anything so should the OP decide the rocks were negligent for allowing her son to fall over them, he will have had his operation and physio before they even start.

AliOlis · 15/09/2023 11:04

Carpediemmakeitcount · 15/09/2023 10:57

Don't worry yourself

You're clearly trolling the thread now. Ridiculous nonsense.

PimpMyFridge · 15/09/2023 11:14

You sound sensible to me op.
Proceed as you are with support and exploring legitimate avenues available to access additional help for this problem, and get your boy restored as best as possible.

Good luck to you and your ds

Cubic · 15/09/2023 11:21

@TheFairyCaravan

https://www.southtees.nhs.uk/resources/shoulder-stabilisation-surgery/

Please note the bone procedure which is an open surgery. The surgery is more common in younger people. I'd imagine it's a different surgery.

Using a facility designed to help in this situation ie insurance is not "grabby".

Shoulder stabilisation surgery - South Tees Hospitals NHS Foundation Trust

Information about your shoulder stabilisation surgery and subsequent recovery. The instructions and exercises provided are given as a guideline only.

https://www.southtees.nhs.uk/resources/shoulder-stabilisation-surgery

OP posts:
Carpediemmakeitcount · 15/09/2023 11:29

TheFairyCaravan · 15/09/2023 11:02

Are you calling me a liar?

You don't like facts do you? You've banged on at the solicitor on this thread because she's called you out so now you're starting on me? Why not take a break from the internet and have a cup of tea fgs?

Oh and those ambulance chasers that you linked to take absolute years to do anything so should the OP decide the rocks were negligent for allowing her son to fall over them, he will have had his operation and physio before they even start.

You are calling the op a liar and the so called solicitor hadn't caught me out I was talking about a claim I made. I don't really care about what she thinks that was my experience. It happened end of 2019 do you think I should have went further with my claim and take her to court? He told there was a high chance even if I win she can't be forced to pay me compensation and it would cost a lot of money to employ enforcement officers. I have 4 children I don't have the money so I weighed it up and I didn't want to ruin her business. We were in COVID and everyone was suffering.

Carpediemmakeitcount · 15/09/2023 11:31

AliOlis · 15/09/2023 11:04

You're clearly trolling the thread now. Ridiculous nonsense.

No you asked a question it would be impolite not to answer.

TheFairyCaravan · 15/09/2023 11:53

Cubic · 15/09/2023 11:21

@TheFairyCaravan

https://www.southtees.nhs.uk/resources/shoulder-stabilisation-surgery/

Please note the bone procedure which is an open surgery. The surgery is more common in younger people. I'd imagine it's a different surgery.

Using a facility designed to help in this situation ie insurance is not "grabby".

DS2 had the open surgery. It is very rare after a dislocation on a teenager. His injury was complicated by his shoulder being fractured in three places and the ligaments were very torn. This was confirmed by a MRI where they injected dye into his joint a week after the injury. We didn't know what was going to be done until the day of the operation and neither did the surgeon because they will always go for the less invasive.

Look, I'm sorry your son has had an accident but it was just that. An accident. And trying to claim money for it is grabby imo

JohnnyYenSetHimselfOnFireAgain · 15/09/2023 12:08

@Cubic Who would you sue if your son had this accident in your back garden?

Cubic · 15/09/2023 13:02

🙄i'm not sure how many times I need to write this but I'm not suing anyone. Please read the thread.

Insurance to help with medical needs is different to compensation.

OP posts:
AliOlis · 15/09/2023 13:04

Cubic · 15/09/2023 13:02

🙄i'm not sure how many times I need to write this but I'm not suing anyone. Please read the thread.

Insurance to help with medical needs is different to compensation.

NHS is free at the point of use...

Cubic · 15/09/2023 13:05

@TheFairyCaravan just to confirm, you think asking for their insurance to speed up the operation so it doesn't impact his education is grabby? Insurance which is for this purpose and not for financial compensation? Is claiming any insurance grabby, home insurance, travel insurance, pet insurance or just this insurance?

OP posts: