What is the process of claiming compensation for hospital patient falling out of bed when it involved my five-year-old daughter falling out of bed and breaking her arm because the nurse forgot to use rail guards?
When you are considering making a claim, such as one for compensation for hospital falling out of bed, it is always advisable to contact a personal injury claims solicitor with experience in dealing with hospital patient injury claims. Once you explain to them the circumstances in which your daughter’s falling out of bed in hospital injury occurred and the severity of your daughter’s broken arm, they will be able to tell you if she has a viable claim and how best to proceed with a claim. They will guide you through the process of pursuing a patient fall in hospital claim and inform you of the relevant formalities that should serve to strengthen your daughter’s claim, for instance making a report in the hospital’s “Accident report Book” and compiling testimonials from those who may have witnessed her fall and the hospital’s negligence.
Your solicitor will help in writing a letter of complaint to the NHS or private hospital where your daughter’s falling out of bed hospital injury took place. If your daughter’s claim is being made against the NHS then this will have to be done within one year of her having sustained her broken arm injury. A solicitor’s help is always beneficial when writing such a letter as the way that it is worded could affect the strength of a claim. The solicitor will also be able to assess chance of success of your daughter’s claim and also be able to estimate how much compensation she could be eligible to receive.
In order for your daughter to be compensated for her falling out of bed in hospital injury, you or another legal guardian will have to speak on her behalf as her “litigation friend”. This is because until she turns 18 years of age, you daughter is considered a minor and is not permitted by UK law to advise a lawyer or make a claim on her own behalf. This means that the usual three year time limit that potential claimants have in which to initiate a claim will not apply in the same way to your daughter as it affects child injury claims somewhat differently. The time limit does not begin until she turns 18. Therefore, she has until she is 21 to make a patient fall in hospital claim. However it is still advisable to consult a solicitor as soon as it is convenient so that the viability of your daughter’s claim will be known.
This is a general overview of how to claim for your daughter’s hospital injury, a solicitor with knowledge of your daughter’s situation will be able to provide more specific information. Therefore it is in your best interest to contact a solicitor at the first possible moment to discuss compensation for hospital patient falling out of bed.