Nhs Liability

[Theland]

In a medical negligence claim, where the NHS have admitted liability, and made a financial offer which was rejected, is it possible for the claimant to receive an interim payment whilst the final settlement is agreed upon?

[Buenchico]

Yes.

e.g. https://www.simpsonmillar.co.uk/case-study/record-interim-payment-awards-for-medical-negligence-claim-4132

[bednobs]

In all honesty i'm not sure, however it wouldn't make sense to me to be able to do that for several reasons
1) any negotiated payment is usually made in full and final settlement, and you usually have to sign a form saying you won't come after them for any more for the same claim
2) if you can't negotiate, it may have to go to arbitration/court and they might suggest a lower figure than what has already been paid out meaning you would owe them.
3) the NHS usually use a a calculation that includes interest if it's been going on some while
4) nhs procedures tend to be quite rigid

[bednobs]

i defer to chris :)
part of the work i do i deal with redress payments from the NHS to individuals and i have never seen it, but of course that is not negligence claims

[Theland]

Buenchico - Many many thanks my friend for this valuable information.

[Theland]

An error was made during a hip replacement operation. The claimant, a nurse, is unable to work again and is in constant pain. A further hip replacement operation is planned due to the first one not being a success.
Unable to work, the claimant has accrued debts of at least £10,000, and is now seriously worried about keeping her rented home and being able to pay the bills.
If an interim payment was agreed, how long would it take, as the claimants debt problem is now time sensitive?

[bednobs]

is she claiming herself or using legal help?

[Theland]

Legal help. As far as I am aware, the case must be over by 2020. It looks like the law has put a time limit on it, but I don't know, as I am completely ignorant of these matters.
But if no money is received before then, in fact soon, the claimant will be in a serious situation.

[Peter Pedant]

why are you doing this and not her ?
she has a lawyer and she goes right in and tells him - - fix it!
and they say "yes ma'am!" , " right now ma'am!" and charges her account that the NHS and therefore us, pays

anyway we seem to have been wrong footed
she/they/one has to use the MoJ portal
https://www.out-law.com/topics/regulatory/health--safety/personal-injury-and-employer-liability-portal/

when did she bring her action ?
and if it after 2013 - then it is all run by this scheme
which er I have never heard of before - oops !

and yes an interim payment is time limited - actualy terms from her lawyer

[ I have to say that if the lawyer is using the Portal which he is obliged to do for claims after 2013 - then she has been asking you questions she must have known what the answer was ...]

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-aug-2015/how-the-moj-portal-works/

I am gonna leave this here BUT
has anyone noticed the deliberate mistake ?

[Peter Pedant]

and no - no
there is no interim payment demandable because ......
the financial offer was rejected ....

so they go to court - stage 3 - or go on yakking - late stage 2

honestly - she needs to ask the lawyer she has hired and we pay for
and not her

what she is asking is whether the low rejected offer from NHS litigation is a lower bound of money, which must rise
so can she have a payment on account based on the rejected figure?

and she is asking YOU who knows nossing ..... she needs to ask her legal team .....I think I know the answer .... ( no because there is at present no contract to settle )

anyway - I wouldnt have found the MoJ portal unless you had asked ....so many thanks

[Theland]

The initial offer from the NHS far exceeded £25k. I presume the portal is not therefore relevant in this case.

[Theland]

Thanks to you all.

[fiction-factory]

I don't think an interim offer will be made but you have nohing to lose by asking. If you rejected £10000 how much are you seeking as an interim? if the case goes to court what happens if the judge says it's worth only say £8000?

[fiction-factory]

Sorry i see the first offer was £25000 (the £10000 figure was from something else- his debts)- bu still the sme points apply. The judge might decide it's worth less. The NHS like insurance companies will delay making payments and drag things out in the hope you give in and accept a low figure. There is no benefit to them in making an interim payment. What if you then ask for a second interim?

[Theland]

The out of court settlement offered was way over £50,000, not sure how much though.maybe nearer £100k.

[Peter Pedant]

Hi FF
before the days of the Portal ( hey shades of Star trek)
there was a claw back scheme

if someone got £10 000 on the premiss they were gonna live 10 y and they lived 10m then the defendant cd claim a pay back...

but since none of us knew about the portal
and whether it is being used
all is speculation....

[bednobs]

why would the portal be being used? That portal is for claims against employers isn't it? who says the person worked for the NHS - plenty of nurses don't

[bednobs]

or at least it's for claims up to 25k - a quarter of what the claim seems to be in this case

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