What happens after liability judgment in a medical negligence claim?

The aim of compensation in a medical negligence claim is to put the injured person back in the position that they were in before their injury occurred. Whilst we acknowledge that things can never be the same after severe life-changing injury, our experienced solicitors know how and when to take important steps which can help our injured client maximise their recovery and manage their disability, so that they can confidently move forward with their life.

A significant step on this journey towards recovery and restored independence takes place when judgment is entered against the defendant healthcare provider. Liability judgment marks the point at which the defendant’s responsibility for the injury is no longer in dispute, and we can focus our efforts on helping our client move forward by securing the necessary compensation and practical support to ensure that their disability-related needs will be fully met. 

Can any of the injured claimant’s needs be met by an interim payment?

One of the first steps we take when NHS Resolution or a private healthcare provider admits liability in a medical negligence claim is to ask the defendant for an advance part-payment of our injured client’s compensation. This is known as an interim payment.

In cases involving severe permanent disability, we secure substantial interim payments to help us meet the injured person’s urgent needs which, depending on their injury, might include a home move or adaptations, therapies and medical treatments, specialist equipment, vehicles or mobility aids, and help with care. This means that many of our more severely-injured clients start to benefit from their compensation long before the claim is finally concluded.

Read more about a recent cerebral palsy birth injury case in which our client’s £18.1 million settlement included interim payments exceeding £2.1 million which paid for care and other needs during the course of the claim.

Is a liability admission or judgment the same as an apology?

An admission of liability or liability judgment is an acknowledgement that mistakes have occurred causing injury to the patient, but it is not the same as a timely and genuine apology. In the absence of an apology, an admission of liability can provide a sense of relief, but on a personal level it can also feel hard-won, forced or simply made too late.

It is not always possible to obtain a written apology for our client from the hospital NHS trust, negligent GP or other negligent healthcare provider. However, in cases where a full admission of liability has been given, we always make this request a priority.

We know how important it is for the injured person and their family to understand how the injury occurred, and to know that lessons will be learnt as a result of their experience. Saying sorry is also recognised by the NHS as an important part of the clinician’s or healthcare organisation’s duty of candour. 

Is help with an injured person’s care available during a medical negligence claim?

One of the most demanding consequences of any injury can be meeting the injured person’s additional needs for care.

As soon as we are able to secure an interim payment, we can help by putting in place professional care to help support the injured person, easing the pressure on family members who have had to take on the role of unpaid carer. This allows the injured person to enjoy a more natural relationship with their family, whilst also ensuring that their disability-related needs will be met with professional care. In cases involving severe injury and disability, we work closely with our client or their family as well as care experts and case managers to ensure that our client receives care in a way that works for them and their family and at the level that they need.  

Our specialist community care solicitors can also advise on the level of statutory support that should be available for the injured person and consider making applications or representations on their behalf to increase the level of care and support they have at home, in addition to the privately funded help available.

Read more about a recent HIE birth injury case in which our client’s £31.5 million settlement included guaranteed, lifelong PPO payments rising to £400,000pa for their care and case management.

Case management to coordinate care and support

In many claims involving severe permanent disability, we appoint an experienced, local case manager to work alongside the client and their family and provide a support network to access care, therapy, aids and equipment to meet the injured person’s ongoing needs. Where the injured adult or child has extensive needs for care and other types of support, the case manager helps with communication and coordination, acting as a central point of contact, and is often a helpful link between the legal team and the injured person and their family.  

Prior to settlement, the cost of the case manager is also met from interim payments.

Therapy, aids and specialist equipment

Our solicitors understand the importance of early rehabilitation after a serious injury. We help our clients access physiotherapy, occupational therapy, speech and language therapy or neuro-rehabilitation packages where they are required. 

For cases involving amputation and limb loss, we can put our clients in touch with trusted private prosthetic and rehabilitation providers to ensure that they receive the most suitable help to maximise their rehabilitation and recovery.

Read more about an amputation claim in which our amputee client’s £950,000 compensation included interim payments which paid for prosthetic limbs, including a water activity limb enabling him to return to kayaking. 

Support with special educational needs (SEN)

Where a child or young person has experienced a severe and debilitating injury, but remains in full time education, they may need additional help and support. 

Our specialist education solicitors offer advice on how the support should be provided in a school setting and provide help and assistance with defining that support in an Education, Health and Care Plan (EHCP). 

Read more about one of our birth injury cases in which settlement for the injured child provided additional, dedicated PPO funding for the child’s educational placement at Treloar’s.

Suitable adapted accommodation

When someone in the family is injured, leaving them with severe disability, their accommodation requirements change. A home that previously seemed ideal may suddenly become inaccessible, impractical or simply too small to accommodate wheelchairs, a specialist vehicle and other equipment, as well as carers and visiting therapists.

After liability is admitted, one of the first things that we explore with our client (or their parents) and our experts, is whether any changes can be made to our client’s current home to better meet their needs. If any necessary adaptations to the property are not possible, we work with our client and their family, as well as their case manager and our experts, to move the client (and their family, if a child) to more suitable accommodation. 

Read more about how we help our most severely-injured clients find more suitable accommodation.

Improving mobility and transport for a severely-injured person

Where the injured person’s independence and mobility have been affected by their injury and disability, we assess whether their mobility can be restored or assisted with suitable specialist equipment, such as wheelchairs or walking aids. A specialist vehicle might be required to transport the injured person safely, along with their wheelchair or specialist equipment, or an adapted vehicle might allow a physically disabled adult to return to driving.

We work with a variety of experts who help assess our disabled clients’ needs and advise on the necessary support, equipment and adaptations to enable them to mobilise and travel safely.

Read more about how we helped a multiple amputee client regain her independence and return to driving after devastating sepsis injury.

Court of Protection deputyship for injured claimants without mental capacity

In medical negligence cases where the patient suffers an injury to their brain, such as from cerebral palsy birth injury, neonatal brain injury or meningitis brain injury, they may no longer have sufficient mental capacity to manage their own affairs. If an adult claimant is assessed as lacking mental capacity, or a brain-injured child is expected to lack capacity on reaching adulthood, we arrange for a Court of Protection deputy to be appointed as soon as we expect an interim payment to be made, to protect and help manage the injured claimant’s compensation fund. We work closely with our specialist Court of Protection team to offer help, advice and deputyship for our clients, and a seamless service which provides both protection for our clients and access to their interim payment funds to meet their assessed needs for care, therapies, equipment, educational support and home adaptations. 

In cases where an injured individual has mental capacity and judgment is entered, and where a considerable settlement is likely, a personal injury trust can be used to protect the claimant’s entitlement to means-tested benefits and to provide greater financial protection and peace of mind for the injured person.

How soon will a medical negligence case settle after liability judgment? 

Once liability has been established, we focus on valuing the claim, in readiness for settlement negotiations or an assessment of damages hearing. At this time, it is important to consider carefully whether this is the right time to settle the legal case. In most cases, particularly where the claimant will be permanently disabled as a result of their injury, detailed further investigations may need to take place before we can make an accurate prediction of our client’s condition, needs and financial costs and losses over the course of their lifetime.

Our specialist solicitors work closely with our clients and/or their families and our experts to build a picture of their needs in the future, such as for care, therapy, aids and equipment, and assistive technology, based on their condition and prognosis and expected lifespan. In cases related to young, severely brain-injured children, it can take time for the child’s development to reach a stage where their future level of disability and consequent needs can be predicted accurately. In the meantime, we ensure that their immediate needs are met with the help of substantial interim payments.

Only when we are confident that our client’s needs have been fully identified and understood do we proceed to final settlement of the claim.

If your child has cerebral palsy or neurological disability as a result of medical negligence, or you have been contacted by HSSIB/MNSI or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.