Parental Indemnity for Clinical Negligence Cases

[Cardiffkt]

How watertight are the parental indemnity forms? Do they adequately protect the defendant or indeed the claimant's solicitor from any future claim made by the child concerned?

[JanineG]

The purpose of the Parental Indemnity is that the parent/guardian (Litigation Friend) of the child indemnifies the Defendants against any future or further claims arising out of the same incident. In other words, if the child reaches adulthood and decides to make a further claim, the parent would have to indemnify the Defendants. The Defendants therefore are safe because any future claim will be indemnified by the Claimant's parents.

The idea is the form saves having to go to an Infant Settlement Approval Hearing, and therefore saves time and costs. If you're unsure, then go for the Hearing where a District Judge will decide on the amount of compensation applicable.

Hope this helps.

Janine