Hospital Admits Liability (& Fundo Advice) — Scope | Disability forum
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Hospital Admits Liability (& Fundo Advice)

Glyn&ampMandy Member Posts: 1
Hi everyone,

Sorry I haven't posted for a while but I've been reading and keeping up with everyone else's posts.

As some of you may recall, we are in the process of taking legal action against the hospital where my daughter Olivia was born.

Well, 2 years in and it looked like it was going to be another 12 months before we had our case ready - lots of delays with reports - we had been waiting 18 months for the causation report (the most important) and it looked like it would be another 3 to 6 months!

Anyway, out of the blue, our solicitor has received a letter from the hospitals solicitors admitting full liability in both breach of duty and causation. By their own admission, Olivia should have been born at least 26 minutes earlier and if Olivia had been born just 15 minutes earlier then she wouldn't have suffered the catastrophic brain injury wich has left her severly disabled.

Whilst a victory for Olivia, myself and my wife had many mixed feelings reading the letter. Despite knowing that things had gone terribly wrong, it was a real gut wrencher to hear it from the horses mouth so to speak.

A week or so later we also received a formal apology from the chief executive of the hospital. Altho to be honest I haven't even read it.

Speaking to the solicitor and Olivias barrister, neither of them have ever come across a case where the hospital has admitted liability before a claim has actually been submitted.

At least we now have the admission and its just a question of how much. Not looking forward to this next step but pleased that Olivia will be able to get everything she so desperately needs, without having to rely upon Social Services!

Anyway, if anyone has any advice or information about what happens next I'd like to hear it. Obviously the solicitor and barrister are very good but I think it would be nice to hear advice from people who've been through it, so to speak.

Finally, it looks as tho Olivia is going to have a fundo. Again, has anyone any advice?

Thanks for reading,


Glyn & Mandy
Parents to Sam aged 8 (going on 18) and 2 year old twins Jake (funny man) and Olivia (Quad Dyskinetic CP)


  • Amelie12
    Amelie12 Member Posts: 4


    I was amazed and delighted to read your post - congratulations.  How did you go about finding the right solicitor to go to, as its a minefield out there.  What area of the country are you in.  I would be very interested to hear from you.

    Many thanks


  • mumto1
    mumto1 Member Posts: 4
    Glyn & Mandy

    We were in your situation a few years ago, when liability was admitted by the NHS. In our case it took a further 18 months to get to a settlement situation, following the requirement for reports into everything you can think of - and many things you never thought of. It may take a while longer for you (although I don't know for sure) only because Olivia is so little - assessing all that she may require over a lifetime at such a young age could be difficult.

    I personally found the whole process very intrusive. There was only one joint expert agreed after Judgement was entered, so we had to see two of each expert and whilst they were all very professional etc etc, having a complete stranger come in to your home is (at least for me) an awful experience. Having to go through things like life expectancy and her needs as she gets older was something I found particularly stressful.

    I really do feel for you, it's an awful situation...

    Please do not hesitate to ask any questions, I would be pleased to try and help.

  • chippy
    chippy Member Posts: 2

    First of all I am really pleased that finally the Hospital have admitted liability. I can completely understand that you have mixed feelings but ultimately an admission is part of what is needed to help you move on. My husband and I are going through the exact same thing, our daughter is 3 in August and for us too it was a case of 20 minutes would have saved her from severe brain damage. We are a way into pursual but the defendants are dragging it out as best they can. Our daughter had a Nissens last August and it was the best decision we made. It is extremely difficult and heart wrenching to put your child through such an operation, especially when they are so young and do not understand why. But, our experience was a very positive one and we believe that having the fundoplication saved her life as she was constantly vomitting and aspirating, she recovered well after the op and has been so much happier, has grown, is stronger and healthier and much more comfortable and can now concentrate on enjoying life rather than being distracted by chronic reflux and all that goes with it. Good luck if you decide to go for it.

    Happy to help in any way,



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