A Letter of Advice to Nhs Litigation Authority on Clinical Neglgence Case of Missed Fractured Scaphoid Bone

Topics: National Health Service, Expert witness, Tort, Health care provider, Civil procedure / Pages: 15 (3542 words) / Published: Jan 27th, 2012
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.

The Claimant: 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.

The Defendant:
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.

Procedural Steps: 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



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) 24 33. W v Ministry of Defence, (2009) MLC 1652, www.medneg.com 34 35. N v Pontypridd & Rhona NHS Trust (2003) MLC 1031, www.medneg.com 36

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