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Nhs Liability
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?
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For more on marking an answer as the "Best Answer", please visit our FAQ.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
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
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?
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?
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.ou t-law.c om/topi cs/regu latory/ health- -safety /person al-inju ry-and- employe r-liabi lity-po rtal/
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 -oplega lservic es.co.u k/media -centre /articl es-jan- aug-201 5/how-t he-moj- portal- works/
I am gonna leave this here BUT
has anyone noticed the deliberate mistake ?
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:/
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:/
I am gonna leave this here BUT
has anyone noticed the deliberate mistake ?
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
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
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?
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....
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....
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