Need help with small claims court

Sarbay

Hi there

I recently paid for a physiotherapist for my back problem, but I'm really unhappy with the service as my back has gotten worse. I have tried to reach a solution with him but that didn't help, and I am left with no other option but to take him to small claims court. Now I know that he works in a small business and it's not a ltd company, so who do I need to address the claim to? Is it the name of the business that I should put on the claim or the name of the person who did the job, or the business owner?

Many thanks in advance for your help.

bris

Sue them both. I wouldn't hold out much hope though, you paid for treatment and unless they were negligent in that treatment you have no claim.


There are no miracle cures, if the NHS can't help then the chances of a physio helping is a chance you take, sometimes they can but sometimes it's just out their control.

Sarbay

I can only sue one person, would it make sense to put the business name on the claim knowing that it's a small business and not a ltd company, I mean how would the judge make a ruling in my favour in that case? How could they enforce a small business to pay for damages & etc?

MalMonroe

Hello, I'd just like to add that I think this might end up being a very costly exercise for you. Have you actually written to the business owner, copy to the practitioner, stating your case and trying to resolve the matter with them? I don't think any court will wish to review your case if you haven't made an official, written complaint in the first instance. You may end up throwing good money after bad. Physiotherapy is never advertised as a miracle cure, unfortunately and it's always been notoriously difficult to prove the extent of back pain. It will be even more difficult in a court of law.

eddddy

What would be the legal basis of your claim - is it breach of contract or negligence (or something else)?


If it's for breach of contract - you'd need to be specific about what terms of the contract were breached. (I guess you might be saying it's the implied contract term that the service will be carried out with reasonable care and skill.)

If it's for negligence, you'd have to specific about what error they made, and how their error caused you harm (such as financial loss or suffering).

Pollycat

Sarbay wrote: »

Hi there

I recently paid for a physiotherapist for my back problem, but I'm really unhappy with the service as my back has gotten worse. I have tried to reach a solution with him but that didn't help, and I am left with no other option but to take him to small claims court. Now I know that he works in a small business and it's not a ltd company, so who do I need to address the claim to? Is it the name of the business that I should put on the claim or the name of the person who did the job, or the business owner?

Many thanks in advance for your help.

How do you know that your back has got worse because of what the physiotherapist did rather than a natural deterioration or something that you yourself have done?

I'm not familiar with the processes of 'small claims court' but I'd guess there would need to be some evidence that the actions of the physiotherapist were to blame for the current state of your back.
Do you have such evidence?
Are you sure that the route you are considering covers the type of claim you want to make?

pmduk

I suggest you take legal advice before committing further time to this You went to a physio, not a miracle worker. They can't guarantee a cure.