could i sue ?

[jack1966]

could i sue the NHS for not being given advice that i could claim for disability for my son when he was a child? he is now 21.

 

he was diagnosed as an "enigma' by psychologists as a child

 

 

just wondering

[ErikaPNP]

In order to successfully sue anyone under tort, you have to be able to prove they were negligent. For negligence to be established, you need to be able to demonstrate successfully that they owed that duty of care, that they breached that duty and as a result of that breach you have suffered, or are likely to suffer injury or loss.

 

Benefit advise is not within the remit of the NHS; the NHS has no obligation to provide advice or information on benefits or benefit entitlement therefore no duty of care in respect of this was owed.

 

The answer is, you can raise legal action against just about any individual or organisation. The question is, whether that action would be successful. I don't believe that in this case it would be because although they sometimes do advise people to make claims, and although they place information on their website about benefits, they are not obliged to do so therefore there was no duty to provide advice or information about claiming benefit.

 

For info: In order to be successful in a disability living allowance claim, a child needs to have care and/or mobility needs which arise from a disability and which are significantly in excess of those needs of their peers.

 

If your son currently has care and/or mobility needs which arise from a disability, he can make a claim for DLA.

[jack1966]

nope my son is an Enigma, in effect they didnt have a clue what was up, i guess he wasnt a norm, which many arnt but get through