How much compensation?

[tigwig]

Some of you may remember about my mum in law who died last year as a result of negligence. Since then the NHS complaints dept and now the Healthcare Commission are involved. Both have now agreed the NHS has been negligent and the HC is doing the final report. So the family has decided we are going to go all the way and sue as well. How much compensation are we talking here? How can you put a price on someones life?

[bednobs]

hmm good question with no answer really, you can't put a price on a life. It might be beteer to wait till the healthcare commission has reported and then go to a solicitor and be guided by what he or she says

[tigwig]

yeah we will do when we get the report I just wondered thats all because we have no idea whether we're talking about �1000 or �100,000! I mean nothing will bring her back (if only) but she wanted us to fight them to the end and that is what we intend to do. Of course any money in this cash strapped situation most of us are in will come in handy so it would be nice to have an idea of the amount. Also does anyone have an idea of how long it would then take to sue the NHS after we have the report from the commission that confirms they were negligent? Surely that reduces the time?

[helpmepls]

So taking money from the NHS is obviously the BEST & ONLY answer for your family to grieve.....you said it yourself.....no amount can bring her back. I believe they should be aware of their errors & put funds into better nursing so this doesnt occur again for another poorly person.....if you dont mind me asking how old was she? I believe this should also be taken into considersation. Just remember your taking from other UNWELL people!

[bednobs]

lol helpmepls, i'm afraid tigwig has had that argument done to death (pardon choice of words) before (see body and soul)
i contributed to that discussion, and now reading back feel rather differently and rather aggressive. It dosent sound to me like tigwig is money grabbing, rather following the wishes of the mother in law
sorry tw, i have no idea, but could ask my friend (the nhs complaints manager) tomorrow if she knows. I would imagine it will take into account individual circumstances, and each settlement will be different. Dont forget you will prob also have t pay to consult a solicitor, and you might well have to pay up front. If you keep your expectations low, then you can only be pleasantly surprised i guess

[tigwig]

oh here we go! She was 57, the funds do not affect other poorly people the NHS has insurance policies and if we thought that by not sueing it would never happen to anyone else we wouldn't but no matter how much you complain people die of negligence all the time it will never stop. I would also like to add she wasn't my blood relative so it isn't actually me personally who is sueing so don't slate me with your opion please. I don't deserve it.

[tigwig]

thanks for your support bednobs! I know I am not a money grabber but of course people who know nothing about me make assumptions which are wrong. People sue all the time my family are no different. A solicitor has said they will need a �1500 deposit but I personally don't know the rest of the cost! It is going to be covered by my father in laws insurance.

[Drisgirl]

Hi tigwig.
I can empathise to a certain extent.My children are currently going down that route -they lost their dad in an accident last August.The perpetrator eventually pled guilty.It would seem though that the insurance company are dealing with this through his solicitors are they are being asked for BC and things.They havent instigated anything
They are just going with the flow -they arent bothered about the money in all honesty -all they wanted was recognition that their dad was entirely vindicated -would that not make you happy?

I daresay they will receive a sum of money but that cant compensate for their loss -its almost blood money to them -however as they are young if may help them in the future.

as you say though thats what insurance is about but they dont share your sentiments that it may save someone else going through the same -if the NHS were to admit failings then I would be content at that.

Money is nothing -hasnt brought them happiness -my son hasnt touched one penny of any money he has received -nothing will compensate for their loss -its almost an insult putting a price on their dads head.

Good Luck anyhow if the money will bring you some contentment.

[tigwig]

thanks Drisgirl I wouldn't exactly say the money would bring us contentment but in this unsecure financial world it may bring some amount of security. At the end of the day it is what mum wanted and I personally feel it is revenge.

[helpmepls]

My Father died in 2006 of negligence! He was 51 yrs old. My Family & Myself saw No point in sueing.....what do you achieve????? Nothing other than MONEY!!! As we all know, no amount is equal to life is it? So what ever you end up with will never be enough....you'll always be at a loss.....or is to have wicked holidays & splash out!!!!! MORALLY WRONG!!!!!!! We thought about whats best & I believe its wrong to gain money in these situations!!! Compensation should be for Victims of injurys etc....who's lifes are Physically effected!!! You only want MONEY! ( I did wonder how someone who has sadly passed can advise you on what they want or how they want you to act?) Where do you beleive the money you may receive is actually coming from then??? A big pot ready & waiting for every person who wants compensation.....er no. Oh I am sorry, I take it you will be donating every single penny to a charity...people who need the cash then yeah!?? No didnt think so....you would of said already. Good luck anyway hope you take the NHS for everything they've got.....you'll never be happy-I promise. X

[helpmepls]

Oh and before you say....YES NHS have insurances...of course....but these claims made upon them for compensation have a very big impact on the premiums....which obviously ultimatley effect the NHS. The NHS could be using monies towards better staff trainng etc...which would in fact help reduce Neglience rather than paying more for Insurances!!!

[Eve]

This is a guide by a law firm which sets out some of the payment options though it does refer more to cases when the person affected by the negligence is still living.

http://www.freethcartwright.co.uk/user_data/do cuments/Clinical%20Negligence%20Fact%20Sheet.P DF

I don't do PI but a colleague at work does so I will see if she can give me some more info.

This has some more info where a death has occured.

http://www.bllaw.co.uk/services_for_individual s/clinical_negligence/types_of_claim/death_and _fatal_accidents.aspx

[weas]

it will take years to obtain compensation, but the focus should be the cause .the NHS is battered by everyone ,

[helpmepls]

here here weas!!!! x

[redcrx]

dont even start considering it until you get it. Any financial compensation isnt going to bring back your mother in law.

If you get anything then then will be the time to decide what youll do with the money.

Focus on why youre doing this, its because someone has died, not because you can gain financially. Plenty of time to spend the money afterwards.

[tigwig]

helpmepls calm down will you. Have you quite finished? As I said earlier this is my mum in law we are talking about not a blood relative so the decision to sue HAS NOT BEEN MINE. I simply asked the question because I am curious to know how much compensation is likely. You have your views and chose not to sue, fair enough. My family have decided to do otherwise and this was what my mum in law wanted. You don't know enough about me or what happened to comment on the situation. She said don't let the b@stards get away with what they have done to me fight them all the way and get what you can. She was rightfully very angry and upset and knew she was dying weeks before she did. Just because you didn't do the same doesn't give you the right to rant at me, hell its not even anything to do with me in the eyes of the law! Everyone is entitled to do whatever they wish you need to respect other people's decisions. I would have thought that as someone who has been through the same grief I have you would know better then to try and upset me by being so horrible and opinionated, it doesn't help in what is still a very raw experience.

[Drisgirl]

Funnily enough tigwig -people in general who have been through similar situations to you dont think of money.They may wish they could get 10 seconds with their loved ones when its a sudden death for example -just to tell them that they loved them -but nothing but nothing compensates for a tragic death.

The only cases I find which are fair to compensate for negligence is when a person has been left very disabled needing life lon expensive care -perhaps for adapting their home and allowing one of the parents/immediate family the 'luxury' of being a fultime carer without worrying about the loss of earnings.

Be grateful they have admitted negligence and that mistakes can be rectified to ensure it dosnt happen again.

[helpmepls]

yes exactly!

[tigwig]

they haven't admitted negligence though have they? The healthcare commission have found them negligent which is something very different. Infact it is the way they have responded to the whole of this situation that has made me and my family more angry and want to sue them. The Professor involved in the case who was mainly at fault didn't respond at all for months until he was forced to, even the complaints staff were disgusted at his attitude and they were the ones who suggested we took this further! It wasn't just 1 misake they made you see it was 3-4 different things which they failed to do, all different depts whenever the whole story has been told no one can believe how many things happened which shouldn't have done. Anyway I don't want to get into a row with anyone over this I can respect other's opinions and the fact that they wouldn't sue but others should also respect my opinion and the fact that MY FAMILY NOT ME PERSONALLY are going to sue.