I know we have some guys on here that deal with some of this stuff in hospitals.
I deal with Clinical Negligence and if your Pre Action Disclosure came in I'd want to put it straight in the bin but I can't.
However, since we are now living in America go ahead and waste tax payers money because if the Doctors said it, then it should be wrote down.
So basically you was inconvenienced for a few hours, I wish you could see some of the genuine cases I have where they are inconvenienced forever.
I hear you Dimple my wife works at Stafford hospital, you'l know what they are going through at the moment.
Our Inquest Manager was ordered there during the peak time of troubles and now I think she won't be coming back.
I still do bits for Stafford now & then.
OP said:more or less his words.
I'm not looking for an ethics debate but do I have a case for some form of negligence? Would it be the NHS or the private company that owns and runs the hospital? I know we have some guys on here that deal with some of this stuff in hospitals.
If hospitals are so dirty that patients are becoming ill, then brushing it under the carpet by saying it's a waste of tax payers money, or ungrateful to pursue it is not a positive thing.
Patients are already ill. A hospital is a place of concentrated illness.
Which is why it's very important for them to maintain standards of hygiene.
There seems to be a disagreement. There's an attitude of "Oh well it happens" which might well be the case - you can only ever mitigate risk. However if a hospital is rife with secondary infections then there is a problem that shouldn't be brushed away with accusations of ingratitude or being minor.
Which I did not I pointed out that the OP would have a hard time proving it to the extent he would want. I have categorical evidence that my local hospital dropped a great big clanger with my youngest daughter but I have chosen not to pursue it for a variety of reasons - most of all the difficulty in proving something that is blatantly obvious - I doubt their records are good enough so they would have to instantly settle but what would it achieve? Take money away from from an already overburdened service, punish people who are overworked and disheartened, etc. The people who are responsible are the people at the top who allow the system to get into such a state where such events occur and they are never held accountable just merely moved off into another senior position or take a place in some boardroom.
There need to be consequences for negligence. Even if the negligence is down to overworking or staff being overstretched, sweeping it under the carpet doesn't work.
Donate the money to charity if it eases your conscience, however I believe if hospitals are negligent then action needs to follow. I just wish there was a way that didn't need to employ expensive lawyers and go through the courts.
That's all well and good saying that but when you then have to use that hospital further, the cost of mounting such an action, the degree of proof you require, the stress you would endure going through it etc.
I have been on the periphery of big negligence cases in fact one that will be in the press soon that will most likely result in the biggest payout ever and it is far from simple. It is that experience that taught me a quiet word about what went wrong and where will do far more than lining the pockets of people in the legal profession who quite frankly don't really need any help in that regard.
Indeed, I don't think the situation is ideal. I don't envy your situation.