Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases
A Heartbreaking Loss: Adam Bunn’s Story
The mother of a young man who lost his life in 2021 has spoken out about the invaluable help provided by the Clinical Negligence team at Tees Law during a time of real need.
This case serves as a powerful reminder of the importance of specialist legal representation in supporting families and driving improvements in healthcare standards. This comes as the government’s proposals on Fixed Recoverable Costs (FRC) threaten to significantly limit access to justice for vulnerable groups.
What Happened to Adam Bunn?
In September 2021, 26-year-old Adam Bunn was admitted to the hospital, diagnosed with severe constipation, and discharged a few days later. Tragically, he was back in hospital the following day, where he collapsed and could not be revived.
An inquest in 2023 revealed that Adam had sepsis and rectal faecal impaction. His blood tests showed clear signs of sepsis, which should have been identified.
A Mother’s Perspective: katie Bunn’s testimony
Katie Bunn, Adam’s mother, shares her experience:
“Our son, Adam, died suddenly and unexpectedly on Friday, 17 September 2021. His inquest took place nearly two years later in August 2023. The coroner concluded that the hospital trust failed Adam in six key ways, one of which was due to neglect. With the correct diagnosis and treatment, Adam would likely have survived.”
The role of legal representation in the inquest
Katie Bunn emphasised the essential support provided by Tees Law:
“We were represented on a ‘no win, no fee’ basis by Tees Law, whose experience in clinical negligence cases was invaluable. Without their guidance, I am certain the coroner’s findings would not have been as comprehensive. The Trust would not have admitted their failings without legal pressure.”
She further explained how the legal team selected expert witnesses, engaged a skilled barrister, and navigated the complexities of the coroner’s court.
“The prospect of facing this process without legal support would have been unimaginable.”
The impact of fixed recoverable costs on access to justice
If the proposed FRC rules had been in place during Adam’s case, the family might not have been able to secure legal representation.
“The Trust would still have had taxpayer-funded legal representation, while we, as a grieving family, would have struggled without the necessary support.”
Tees Law’s perspective on fixed recoverable costs
Tees Law’s Clinical Negligence team expressed their concerns:
“Over the last decade, we have built a specialist practice representing vulnerable clients at inquests. The government’s FRC proposals will further marginalize vulnerable groups, including the elderly, those with mental ill health, and individuals with learning disabilities.”
Understanding Fixed Recoverable Costs (FRC)
Fixed Recoverable Costs (FRC) are legal fee limits proposed by the government for certain medical negligence claims. The most significant impact will be on claims under £25,000, which often involve vulnerable individuals.
The Department of Health has acknowledged that the proposed reforms disproportionately affect people with disabilities, the elderly, and low-income groups.
Recent changes to FRC in October 2023
In October 2023, the government implemented FRC for claims valued between £25,001 and £100,000. These reforms introduced an Intermediate Track with case-specific factors and Complexity Bands that determine cost limits.
Conclusion: Ensuring fair access to justice
Adam’s story highlights the essential role of legal representation in holding healthcare providers accountable and securing justice for grieving families. Fixed Recoverable Costs threaten this access to justice. It is crucial to ensure that vulnerable individuals retain the right to adequate legal support.
Tees Law remains committed to fighting for families like Adam’s and advocating for fairer legal frameworks.
