Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Government statistics show that, on average, most cases take 12 years to resolve in the current litigious system, and it is hoped that the new system will lead to quicker resolutions for families with earlier payments of compensation made. The scheme would involve independent investigators considering the treatment provided and presenting their findings to a panel of legal and medical experts who decide if compensation is warranted. If families are not satisfied with the decision of the panel, then they are still entitled to pursue legal action.
Whilst it is positive that the Government is looking at alternative systems to address lengthy delays in resolving such claims, there is very little known at this stage as to when the scheme will be introduced and how it will operate. There are concerns that additional delays may be caused by entering into such a scheme, and later having to pursue a legal action when the findings are not satisfactory, as is often the case in the current system when independent investigations are undertaken during the complaint process.
For any children who have unfortunately suffered a brain injury as a result of suspected medical negligence, this is not satisfactory and families should not wait until more is known about the scheme before considering whether to take legal action.
For more information
We have a number of solicitors who specialise in dealing with claims involving brain damage caused as a result of negligent treatment during pregnancy, in labour or during the neonatal period. If you wish to discuss any concerns in that regard, please contact Victoria Fullilove.
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