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worsleyweb
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You don’t get legal aid for a civil claim or a private prosecution.
I will get my coat! They might get a no win no fee solicitor then?
You don’t get legal aid for a civil claim or a private prosecution.
Very good post, from the heart but with the head as well. A girl I know was 15 back in the late 90's had a friend who's six year old sister had a tumour on the stem of the brain. To remove that would have caused paralysis of the body from the neck down. The Doctors gave her a maximum of three years "normal" life, the parents accepted that and would have never considered raising their previously active child as a paralysed kid in a wheelchair. As it happened the child lived for 3 years and the Wish Upon a Star charity made that three years very special.I’ve been in the horrible position of having to agree to my child’s life support system being turned off so I’m in more of a position to judge than most. Even then, I’m not going to judge the parents over that because I’m not in their shoes. My daughter had been starved of oxygen and had suffered a cardiac arrest during the birth. She was incapable of breathing on her own or maintaining a heartbeat without cardiac massage so it was an awful but straightforward decision. I also have friends who had a boy who had something called Tay Sachs Disease, which is a degenerative neurological condition seemingly not dissimilar to the one Alfie has. He got progressively worse and died when he was 5 years old. It wasn't a pleasant pathway either. So I suspect that poor young boy hasn't any realistic prospect of having any sort of life that doesn't involve an early death. There's no known cure for his condition, which they're not even sure about, but there's a potential treatment that could possibly prolong his life for a short while.
Having been there, a part of me obviously has sympathy for the parents for the pain they're going through but another, far larger part of me thinks “What are you hoping to gain from this? Let it go”. Yet if they think there’s a hope of salvaging something then I also think that Alder Hey should say “Fine. If that’s what you want to do then do it. Let the Italian doctors come to get him and then he’s their and your responsibility”. Who are they doing this for - Alfie or themselves? I suspect it's the latter. Sometimes, however much it hurts, you have to listen to advice that may not be what you want to hear.
But no way should their supporters be impacting normal life at Alder Hey. That's completely out of order & I've lost all respect for the parents, who seem to be encouraging this, whether implicitly or explicitly. I can understand them wanting the best for their child but not completely abandoning their dignity to pursue that.
Possibly; that is a matter for them, but the costs they could recover in a private prosecution would be limited to legal aid rates. Simply not worth it. A firm might recover more costs in a civil claim, but based on what I can see it’s got virtually no chance of success as I can’t see any breach of duty or causation being at play in this case, on its face. Therefore any firm taking a punt on that case would be doing so foolishly (or largely in the interests of self-publicity) imo. Furthermore, for perfectly valid public policy reasons, state institutions are afforded a certain layer of protection from being routinely subject to claims by individuals. Can’t see how the hospital has acted on a way that is unlawful or irrational (in the legal, ‘Wednesbury’ sense) Lastly, the establishment tends to look after its own, again for understandable reasons. To find against a public institution like Alder Hay the conduct would have to be both egregious and manifest. Unless the narrative changes hugely I would say any civil claim is bound to fail and any private prosecution could (and probably would) be taken on by the CPS and dropped. Unfortunately, not everyone provides such frank and forthright advice. Cases like this can bring out the worst in some so called professionals.I will get my coat! They might get a no win no fee solicitor then?
Possibly; that is a matter for them, but the costs they could recover in a private prosecution would be limited to legal aid rates. Simply not worth it. A firm might recover more costs in a civil claim, but based on what I can see it’s got virtually no chance of success as I can’t see any breach of duty or causation being at play in this case, on its face. Therefore any firm taking a punt on that case would be doing so foolishly (or largely in the interests of self-publicity) imo. Furthermore, for perfectly valid public policy reasons, state institutions are afforded a certain layer of protection from being routinely subject to claims by individuals. Can’t see how the hospital has acted on a way that is unlawful or irrational (in the legal, ‘Wednesbury’ sense) Lastly, the establishment tends to look after its own, again for understandable reasons. To find against a public institution like Alder Hay the conduct would have to be both egregious and manifest. Unless the narrative changes hugely I would say any civil claim is bound to fail and any private prosecution could (and probably would) be taken on by the CPS and dropped. Unfortunately, not everyone provides such frank and forthright advice. Cases like this can bring out the worst in some so called professionals.
I think they are past taking in info they don't want to hear,they are very young and desperate,i'm an ex nurse and all staff caring for a patient get asked their view,some agree and some don't,it's very emotional for the staff as well,such a sad situationUnfortunately the term life support is probably not the best. It doesn’t follow that switching it off means instant death. It can take a few minutes or several days for the heart to stop beating and that will have been explained to the parents. A decision like this is not taken lightly and will have been made by a team of experts in their field and not some doctor acting on his own.