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Hospital admits negligence

Re: Hospital admits negligence

Postby Russell » Mon Nov 24, 2014 1:26 pm

Vold at the bottom of the post it says the Solicitor want to drop the case so that might not be an option. Maz I started a thread the other day regarding how there is 'always' an expert with another option. I have no doubt that many experts start at the conclusion that their client wants and then they work backwards.

Unless you have very specialist knowledge its really difficult to understand the process described. Are there vol organisations that assist parents in your situation?

Or if it is your expert as att suggests then thats a different story.
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Re: Hospital admits negligence

Postby maz1974 » Mon Nov 24, 2014 1:36 pm

Thank you for your replies,

Yes this 'expert' has been picked by my solicitor.

I have spoken to quite a few of the doctors involved and one of the hospitals involved have carried out an investigation and even say that the clinical finding indicate that my son died of Heamolytic disease of the Fetus and newborn. ( independant consultant that wrote that)

I am just not convinced that this expert is not independant, Especially that he has the other doctors telephone number and is able to give him 'a quick call' .

My solicitor is paid for via my home insurance policy and says now we have this report saying there is no causation thats the end.... but is it? can I request the insurance company obtain a second opinion?

The doctor that admitted the mistakes and said my son should still be alive is one on the most respected doctors in the country, even having tv programmes made about him.

Can I ask the solicotor to request funding regarding clarifycation of the lad results ?
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Re: Hospital admits negligence

Postby atticus » Mon Nov 24, 2014 1:38 pm

Of course you can make that request To your insurance company. Give your reasons.
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Re: Hospital admits negligence

Postby maz1974 » Mon Nov 24, 2014 1:49 pm

atticus wrote:Of course you can make that request To your insurance company. Give your reasons.



Thank you, should I go direct to my insurer or through the solicitor.
I feel my solictor has never understood any of this case, often making quite major errors in paperwork and facts. I have only received 2 letters from him, one confirming he is taking on the case and the second was a copy of the claim letters sent to the hospitals involved, these leters had incorrect facts on them despite me writing everything down.

He even came close to calling me a liar last wee, stating that ' he only has my word' that the seniour doctor involved admitted negligence ! there was 4 of us in that room... my husband and I and 2 doctors.
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Re: Hospital admits negligence

Postby atticus » Mon Nov 24, 2014 1:55 pm

It sounds like you may need to go direct.
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Re: Hospital admits negligence

Postby Russell » Mon Nov 24, 2014 1:56 pm

Okay there is clearly an inherent conflict of interest, the insurance company would rather not pay the claim so it would be within their interests to have a Solicitor assess the case as not win-able. I know nothing about this situation, how can this conflict be resolved. How is the Solicitor selected?

Maz have you written to these doctors asking for confirmation at to what was said?
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Re: Hospital admits negligence

Postby atticus » Mon Nov 24, 2014 2:00 pm

Oh russell. The insurance company is the OP's legal expenses insurer, not the intended defendant's insurer.
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Re: Hospital admits negligence

Postby maz1974 » Mon Nov 24, 2014 2:07 pm

Russell wrote:Okay there is clearly an inherent conflict of interest, the insurance company would rather not pay the claim so it would be within their interests to have a Solicitor assess the case as not win-able. I know nothing about this situation, how can this conflict be resolved. How is the Solicitor selected?

Maz have you written to these doctors asking for confirmation at to what was said?



I have a letter from one hospital stating heamolytic disease of the newborn as cause of death. The other doctor that verbally admitted negligence wont put it in writting, he did say however that i could speak with him at anytime. But after trying to contact him last week i was told that because I have a solicitor i have to go through him .
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Re: Hospital admits negligence

Postby Voldemort » Mon Nov 24, 2014 2:23 pm

A general question for anyone that knows: what happens when a client disagrees with the solicitor appointed expert?

Is the solicitor able to instruct another expert witness and disregard the existing one?
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Re: Hospital admits negligence

Postby atticus » Mon Nov 24, 2014 2:25 pm

It can be done.
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