FAQs

From here you will find answers to the most frequently asked questions across all our services. Using the filter simply choose either business or individual to access the complete range of services available. Can’t find the answer you are looking for? Contact us to discuss your query.

Can you sue a private hospital?

A

Yes. If you have received sub-standard care from a private consultant that has caused you harm, then you may have a claim for compensation against the consultant(s) responsible for your treatment.

Can you sue the NHS?

A

Yes.  If you have received sub-standard care that has caused you harm, then you may have a claim for compensation against the NHS Trust who were responsible for treating you.

How long does a claim against a hospital take?

A

This type of claim is not always the quickest to resolve. You should be prepared that it may last one to two years and in some cases, much longer.  In the early stages, we advise that preliminary investigations leading to the point where we are able to submit a formal Letter of Claim tends to take around six months. What happens beyond this point depends on whether liability for your claim is accepted by the defendant’s insurer or not, but we will keep you advised every step of the way.

How long does a claim against my doctor take?

A

This type of claim is not always the quickest to resolve. You should be prepared that it may last one to two years and in some cases, much longer. In the early stages, we advise that preliminary investigations leading to the point where we are able to submit a formal Letter of Claim tends to take around six months. What happens beyond this point depends on whether liability for your claim is accepted by the defendant’s insurer or not, but we will keep you advised every step of the way.

What is clinical negligence?

A

A claim for clinical negligence involves any claim against a healthcare provider where the victim has endured avoidable pain and is suffering as a result of the error of their doctor/GP/dentist etc.

What rights do grandparents have?

A

Grandparents do not have parental responsibility of their grandchildren so their rights are limited. They may however apply for a Child Arrangements Order or Special Guardianship Order in their own private law proceedings. Alternatively, if public law care proceedings are issued then grandparents may put themselves forward as alternative carers.

Can you stop an adoption?

A

An adoption order can only be made with the consent of all those who hold parental responsibility or a court order dispensing with their consent. Consent will only be dispensed with if the child’s welfare requires that it should be. This is a very high test and when “nothing else will do”. If the court has made a placement order allowing the local authority to place a child for adoption, an application can be made to revoke the order but first you will need to get the permission of the court. Permission will only be granted if the court has seen a significant change in circumstances since the order was made.

Once a placement order has been made, and subsequently an application is made to adopt the child, the court will only make such an order if the welfare of the child requires it. A parent can seek to oppose the adoption but the court will only allow them to do so if they have the permission of the court. The court will give the permission if there has been a change in circumstances since the placement order was made.

Can grandparents adopt their grandchildren?

A

Yes, but usually a special guardianship order is preferred as the legal changes to the relationships in the family which arise from adoption can be confusing for the child.

What is a guardian?

A

A guardian is an independent officer appointed by the court who represents the child/ren’s best interests and welfare. Their professional opinion is given substantial weight by the court. The guardian will appoint their own solicitor who will advocate on behalf of the child at meetings and court hearings.

Why do I need a solicitor to help me keep my children at home with me?

A

The local authority can only remove children from the family without parents’ consent by getting a court order. Care proceedings raise two fundamental human right; those of a right to a fair trial and a right to a private family life. As a parent in care proceedings you are entitled to automatic legal aid and representation in order to protect your human rights. Furthermore, court proceedings can be very traumatic and complex and require expert assistance.

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