Son needs an operation following camp, is there negligence

[Cubic]

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?

Parasite behaviour. It's always somebody else's fault, isn't it?

I am starting to doubt that there is a MIL in this at all. The OP is seeing money and the story keeps changing to get the responses she wants. Just another CFer who wants money because her kid was klutzy, as all kids are from time to time.

Perhaps OP is hoping some lawyer will come on and post, "You can collect hundreds of thousands! I'll represent you for free! How DARE that camp let those precious little peanuts run and play!"

She is "grateful" for the insurance aspect as now she can hopefully sue and they'll just settle, because, after all, it's their insurance paying and that is free?

CFer all the way.

100%. 👏👏

Most youth groups will have insurance. If your DS needs additional treatment not covered by the NHS such as physio then this may well be covered as long as the group were following rules. You won't get compensation in terms of making money.
I'm a Guide leader. Accidents and incidents have to be reported to the insurance team just in case a claim is needed. I've done a fair few forms for trips and falls (genuine accidents as happen with kids enjoying themselves) but fortunately nothing serious in the end.

Next it will be on the side of a mountain, nothing but rocks and a 150m tall cliff.

It was an "unplanned activity", IOW, a spontaneous burst of activity with children.

I think you know the answer to your question.
Sadly, accidents happen. I hope he makes a full recovery.

If the activity had involved equipment that had failed then that’s a claim, this was just your child falling over.

@Nanaof1 How is claiming on insurance being a CF? That's the point of insurance or are you one of these people who don't take out travel insurance etc? Insurance isn't about blame, it's to help put right what happened whilst insured.

Clearly some of the replies are trolls, some need support and others probably need to scrub up on their comprehension skills as clearly not read my posts.

Do you think the insurance would replace nhs if there was a long wait or it would impact on education/ disruption to exams?

Yeah, but most who ask aren't asking because they think you should. Most probably ask because they now in their minds, "Here's another one who wants to blame everyone for a buck!" How many kids got hurt badly during the chase game? Five, ten, just one? If just your DS, maybe the camp ought to think about suing you for not informing them of your DS's weak joints and clumsiness. If they had been told, they could have kept your son in a soft, no hard surfaces room where he'd be safe.

Some people will rationalize anything they can to get what they want. I think the OP has rationalized so much that she might actually believe her BS. If she makes a claim, I hope she does get a "no win-no fee" lawyer, gets a settlement for 2K pounds and then gets a 7K pounds bill from the lawyer.

That's "just desserts" in my book.

@Nanaof1 please remind me to inform the consultant that my son has 'weak joints' even when the consultant says he doesn't. I'm sure he'll change his judgement based on his experience and education because Nana on Mumsnet says he has them 🙄.

From my limited understanding of such things (some medical training but not an orthopod!), shoulder dislocations are indeed something usually caused on the first occasion by significant trauma, and some proportion leave the joint subject to repeated redislocation. Unless the first occasion was apparently caused by a trivial insult, there is no need to postulate "weak joints" as an underlying condition.

Because insurance claims push up the cost of insurance. Your son had an accident, plain and simple. Why should the youth organisation (and ultimately other kids) have to suffer because of his accident?

For the record, I take out travel insurance to cover medical costs when I'm abroad if I ever need it.

It was an accident. Why does there have to be someone to blame (and money to be got!) for everything these days? Ask your MIL if she would be willing to pay if it had happened while he was with her.

Why shouldn't we claim to help my son, If the insurance can provide support that he needs? That's what insurance is for. Would you not claim on your travel insurance out of concern for increasing other people's premiums?

If the camp has insurance, which covers incidents like this, that is what it's there for.

A solicitor would need a lot more detail about the trip such as what you consented to, whether the accident was conducted negligently, whether the accident was reasonably foreseeable, any contributory negligence by your son or a third party etc. There is also the question whether he allowed the injury to heal itself before exerting himself again.

I've just read all the OP's responses. It has gone from it was an accident, no further action, to oh we might actually get some money from this so let's claim.

I despair of people, I really do.

You are in danger of turning into a cf OP, but if that is your life's ambition then you go for it However, please don't complain in the future when no-one wants to organise activities for kids because their insurance costs are too high due to the constant risk of being sued.

Looking at claiming on the insurance to help speed up the operation/ get physio is different to getting compensation and doesnt attribute blame. If they have insurance that covers this, this is exactly what it is for. This is being a CF it's helping my child recover. The insurance was suggested on this thread so ofcourse I'm going to look at that.

It doesn’t come across well op. You’re blaming your mil and everyone else but it comes across you’re desperate to get something out of it. You don’t even know if your son will need to wait.

Because from everything you've said the accident was his own doing. Teaching him that it's always somebody else's fault is a dreadful thing to do.

Your stance has changed considerably since your first post, why is that?

Its actually quite a serious injury that may need adjustments, physio etc not always adequately available on the NHS. We often push our NHS patients to claim because they are going to need a lot of care after life changing injuries sustained in hospital and can't afford to pay it.
That's what insurance is for. I wouldn't claim if it was just a simple fall but it sounds to me as if this injury is going to need considerable care that could be expensive.
Its not as if it's for expensive toys and bikes - it's for his aftercare.

Just sue the feck out of the lad chasing him. That will do it. Sue the "it".

Hs injury isn't remotely life changing.

Who's fault is it the child?????