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Help needed re who can be held responsible.

2 replies

Bigpants1 · 09/04/2011 01:08

Hi. Firstly, apologies for thread title-couldnt think how to phrase it.
Anyhoo, I need some advice, and hope someone on this Board can help.
Can organisations such as Health, SS, and Education be held accountable for their employees actions, even if (a)what happened, happened some time ago-we are talking approx 10yrs in some instances, and(b), if the employee/s have since left the organisation in question, and now employed elsewhere?
Any of you ladies good with your legal stuff?
TIA.

OP posts:
madwomanintheattic · 09/04/2011 02:14

depends what - in the case of medical (clinical) negligence, for a child it's a very long time. but you would be looking at an action against the pct rather than any individual.

nothing specific to add, sorry. no experience with ss or ed. you would need to have watertight proof of causation though, otherwise you are looking at years of legal stuff and nothing to show but wasted time at the end of it...

for example, dd2 is 7 and we are nowhere near the end of a clinical negligence claim regarding birth hypoxia causing cp. i'd say not even half way, if it even goes that far...

Triggles · 09/04/2011 07:03

I think a lot most likely depends on what happened and what the results of their actions were in terms of long term consequences. While I agree the action would be against the pct, in some situations I believe the individual is named as well, depending again on what the situation was and whether or not they were following the policy of the pct which was faulty or if they did something against their policies IYSWIM.

I definitely agree that you would need to show clear proof of causation. And there will most likely be some questions as to why this has waited so long to be brought forward. (not saying I'm questioning it, but guarantee you that they will bring it up in some way)

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