To: NHS Litigation Authority,
Re: Chandler Bing v Friends Health NHS Foundation Trust
Dear Sir/ Madam,
Thank you for your referral of the case concerning Mr. Chandler Bing’s missed fracture scaphoid bone received on 31 August 2010.
The following is the Letter of Advice to the NHSLA concerning the above-mentioned case.
1. The Claimant was born on 8 April 1969.
As a result of the events referred to in their particulars of claim the claimant is now represented by Bloomingdale Solicitors to launch to launch a civil action against Friends Health NHS Foundation Trust on 31 August 2010.
2. The Defendant was at all relevant times responsible for the management control, and administration of Friends Health NHS Foundation Trust, and for the employment of doctors, nurses, and other medical specialist s including emergency medicine, radiology and orthopaedic surgeons at and for the purpose of the said hospital.
Duty of care:
3. Each of the doctors, nurses, and other staff employed at the hospital who treated the Claimant at the hospital owed the Claimant a duty of care. This duty included a duty in respect of: a. The advice given to the Claimant;
b. The diagnosis made in respect of the condition of the Claimant; c. The treatment prescribed for the Claimant and advice as to the effect of the treatment; d. The monitoring of the Claimant whilst treatment was given to the Claimant. 4. The Defendant is vicariously liable for any such breach of duty on behalf of any of its employees.
1. Protocol Steps:
a. Obtaining health records: to provide sufficient information to alert the Healthcare provider where an adverse outcome has been serious; to request for specific medical records involving the case. b. Request for copies of patient’s clinical records with approved standard forms. c. Make sure the copy records to be provided within 40 days of the request and for a cost not exceeding changes permissible under the Access to Health Records Act 1990. d. If the Healthcare provider fails to provide health records within 40 days, their advisers can then apply to Court for an order for pre-action disclosure. e. If Healthcare provider considers additional health records are required from a third party, these should be requested through the patient. Third party Healthcare providers are expected to co-operate. 2. The response:
Letter of response:
a. Provide requested records and invoice for copying.
b. Comments on events and/or chronology.
c. If breach of duty and causation are accepted, suggestions for resolving the claims and request for further information offer to settle. d. If breach of duty and/or causation are denied, outline explanations for what happened by Healthcare provider suggests further steps like further investigations, obtaining expert evidence, meetings, negotiations or mediation, or an invitation to issue proceedings. e. Healthcare provider should acknowledge receipt of letter of claim within 14 days of receipt. f. Healthcare provider should, within 3 months of letter of claim, provide a reasoned answer. g. If claim is admitted, then the Healthcare provider says so. h. If any part of claim is admitted, then Healthcare provider makes clear which issues of breach of duty and/or causation are admitted and which are denied and why. i. If claim is denied, include specific comments on allegation of negligence, and if synopsis or chronology of relevant events provided and is disputed, Healthcare provider’s version of events provided. j. Additional documents, for instance, internal protocol, copies provided. k. If patient made an offer to settle at this stage as a counter-offer by supporting medical evidence, and/or other evidence in addition to claim in healthcare provider’s possession. l. If parties reach agreement on liability, but time is needed to resolve claim, then aim to agree a...
Bibliography: 4. Woolf S (1995) Access to Justice - Interim Report HMSO.
5. Woolf S (1996) Access to Justice - Final Report HMSO.
6. (1999) The Civil Procedure Rules HMSO.
9. Civil Litigation Handbook by Woolf, Lord Justice; Burn, Suzanne; Peysner John (2001), The Law Society.
10. A.A.S. Zuckerman, Ross Cranston (1995), Reform of Civil Procedure- Essays on “Access to justice”, Oxford University Press.
23. “General Damages – the NHS Case”, Philip Havers Q.C. and Mary O’Rourke, Quantum, Sweet & Maxwell (2000)
33. W v Ministry of Defence, (2009) MLC 1652, www.medneg.com
35. N v Pontypridd & Rhona NHS Trust (2003) MLC 1031, www.medneg.com
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