Mr Simon Helliwell in our personal injury team recently settled a claim on behalf of Mrs W in the sum of £12,500.00 in which the NHS litigation authority fought the case all the way to within 1 month of Trial denying liability throughout.
Mrs W was at work and slipped due to wet floor that had just been mopped. The Defendant’s early disclosure contained a statement from the cleaner who stated that he was involved in the accident, he had made the floor wet; the wet floor sign was not visible to the Mrs W and he had apologised.
Following disclosure at an early stage this was what we call “a slam dunk of a case” and an admission of liability was expected.
However, The NHS trust came up with some quite astonishing arguments to avoid liability such as the layout of the Hospital; the way the floor was cleaned was affected due to the COVID pandemic; and an unsigned agreement between two arms of the hospital trust who should pick up the tab.
Even after legal proceedings had been commenced and after the Defendant remarkably stated they were not calling any witnesses there was a further delay until 1 month before Trial before an offer was finally made which was accepted by Mrs W.
Mrs W says:
“I have worked at the Hospital for more than 25 years, I cannot believe they treat there staff this way. This should have been sorted much earlier and no one from the hospital has been in Touch to see if I am ok and apologised”
Simon says:
“I found it quite astonishing that the lengths the hospital trust took to try and defend this slam dunk of a case at great cost in a case involving their own employee.
NHS claims were previously defended by the NHS litigation authority who defended cases on what seemed to be a “money is no object basis”.
They changed their name to NHS Resolution with soundbites that they were there to resolve claims. My experience is that there is no change at all.
It is somewhat ironic that only last month Simon Hammond, director of claims management for NHS Resolution, said yesterday that ultimately the only adversarial element of the litigation process should be the judge’s decision. He called on lawyers on all sides to take responsibility and collaborate to ensure that injured people get the outcomes they need”
For expert personal injury advice, call Ison Harrison today on 0113 284 5000.
