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If you are looking for an apology, make a complaint to the hospital or care service, following their complaints procedure.
You might want clinical practice to be improved and to reduce the chance of a similar incident happening to other people. This may be achieved by making a complaint. It may happen because you make a claim, but should not be the reason you make a claim.
The aim of making a claim is to seek financial compensation to help pay for the extra support and care needed as the result of impairment.
The first stage is to consult a solicitor, who should help you to:
If you cannot establish a negligence claim, this basic investigation should give you a better understanding of what may and may not have caused your or your child's impairment.
Compensation is awarded to give a person the financial resources to get appropriate support and care and to exercise choice in this provision.
Compensation aims to place the disabled person in the position she would have been in had the negligence not happened. But this is clearly impossible for someone whose impairment will affect every aspect of daily living for the rest of her life.
Future expenses specific to the individual’s need are calculated following advice from a range of experts such as occupational therapists, physiotherapists, architects, accountants, employment consultants, rehabilitation consultants and others.
The amount awarded should reflect
An award of compensation will normally be split into two parts:
Money awarded in compensation for a child will usually be held by the court until the child reaches 18. After that it can be paid out of court to be under that person’s control, often with the support of a case manager.
If the individual is incapable of properly managing her own affairs, the Court of Protection will administer the money. However, parents are usually involved in managing the award and the decision-making process.
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