2019 – 54 – asthma attack
Well, shows what I know…
The prediction I made in my last ‘asthma attack’ blog(2019-29) was that the MoJ would defend and Care UK would settle – wrong on both counts.
In a matter of days, the MoJ made me an offer to settle – a ridiculous offer but an offer, nonetheless. I made a reasonable counter-offer and within a few more days it was accepted. I was pretty confident that I could have been awarded damages 5 times higher if it had gone to court but money is never my motivation.
Whilst I’m sure the MoJ could see that they could never hope to defend this claim, Care UK seem to be playing a game of ‘chicken.’ I had also made them an offer, of a few hundred pounds, which they rejected. Aftr the MoJ settled, I made Care UK another offer – a higher offer. I bet they didn’t expect that. They didn’t reply by the deadline, so it’s ‘all hands to the pumps.’ I’ll be filing my claim with the court in the next couple of weeks.
The stupidity of defending this claim, now, is that one party has already settled – that won’t look good – and, instead of only paying out a few hundred pounds they will now have to pay thousands of pounds in fees for their solicitor. Even if they could put forward a succesful defence, they would still be liable for their own costs as no costs are awarded in the small claims track.
On top of that, I’m also going to raise the matter with the Nursing and Midwifery Council. It’s a real concern that Care UK think it’s acceptable to ‘not’ attend a patient, without their inhaler, who is having an asthma attack.
I think they think they are dealing with an idiot prisoner…although, I am in prison, so I can’t be that smart.
Be happy, be safe and be kind.
Graham Coutts, 28th September 2019