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Thread: Any Legal Beagles on Here. Re. Compo Claim

  1. #1
    Regular Member 67688c's Avatar
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    Default Any Legal Beagles on Here. Re. Compo Claim

    Does anyone know how long you can go back in time with regard to making a compensation claim.

    Some of you may know my wife has just a total Knee replacement operaion, this was needed because the previous operation on the same knee was to quote the surgeon a right bodged job, in fact its the first time I have ever heard of a doctor criticing another doctors work.

    We had already dismissed any thoughts of doing this, but this morning I had to take her to the surgery to have some of the staples removed and to get some medications. During the chat with our own doctor, he also asked if we were going to make a claim against the hospital who did the first operation. This as now got me thinking...lol

    It was actually done at the Bupa hospital in Lancaster, but 4yrs have passed since the original operation, and I suspect we are outside any time limit to make a claim anyway..

    Anyone, any experience or knowledge of these sort of things..?
    I assume the legal cover which I pay a extra £23 for on my car cover is only for car accident related claims, and nothing else ?

    May ring one of those law claim places just to check.
    Last edited by 67688c; 28th October 2008 at 15:52.

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    Forum Moderator soulman's Avatar
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    think there is a time limit of 3 years to claim for medical negligence.
    maybe worth cking out these ppl i used them when i claimed for a car crash
    National-Accident-Helpline.co.uk

    HTH Ian
    Last edited by soulman; 28th October 2008 at 19:12.

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    Administrator Big-Pete's Avatar
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    Going through a Medical Negligence claim myself at the mo, very long winded affair.. i'm using Simpson Millar..

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    Regular Member 67688c's Avatar
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    Rang one of them earlier for some info, and yes you are right, the claim has to be made with 3 years. In my wifes case its been 4 years since the original operation. They did state however that although its 3 yrs, one can sometimes make a claim beyond that if you can show valid cause why you could not apply before, So deliberating at the moment..lol

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    Forum Moderator soulman's Avatar
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    i suppose the only reason you never claimed before was that you assumed they had done the best they could....but now you have another doctor claiming it was a botched job.....would he be willing to write a letter explaining this ???
    probibly not ...dont think they would rat on another doctor ...good luck

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    Regular Member 67688c's Avatar
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    Quote Originally Posted by Big-Pete View Post
    Going through a Medical Negligence claim myself at the mo, very long winded affair.. i'm using Simpson Millar..

    Hope you get some joy in the end matey... What little experience I've had in this area is not positive at all. I mentioned this before somewhere in a posting, our daughter had been in the forces for 12 years but was injured in Iraq a week or 2 after they went in there. She was given contaminated blood by the MOD, and she ended up being medically dis-charged with Hepatitis C and a small forces pension.
    She's undergone numerious chemo treatments but to cut to the chase things are not good. She has been fighting a medical negligence case with the MOD ever since. They have allegedly lost all her medical records, and have made things as difficult as possible, and in the end I dont think she will get one single penny, She couldn't even get legal aid help, they turned her down. its cost me personally almost 7 grand which I have given her over the years to pay legal costs in order to get a settlement, and were still no nearer. They treat ex-personel like sh*te
    Last edited by 67688c; 28th October 2008 at 19:39.

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    Regular Member shan's Avatar
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    You can claim after the normal 3 year period if you can for sure prove that the accident/bad surgery etc etc has caused the now bad knee. Which it obviously has.
    Ask the new surgeon for a report and speak to a decent solicitor mate.

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    Regular Member 67688c's Avatar
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    Quote Originally Posted by shan View Post
    You can claim after the normal 3 year period if you can for sure prove that the accident/bad surgery etc etc has caused the now bad knee. Which it obviously has.
    Ask the new surgeon for a report and speak to a decent solicitor mate.
    Thanks for that info, its along the lines of what I was told on the phone earlier, certainly worth trying to get a medical statement from our own doctor and the hospital consultant who just did the new op.

    They both voiced criticism of the previous operation, which in itself was unusual, after all she would not have had to go through all this pain/suffering if it had been done right in the first place, 'they both said this'. However just because they stated it does not mean they will put it in writing...lol and thats the big problem. We can only ask! Without a positive medical report we would be wasting our time.


    Cheers matey

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    Cheers Cameron, Jeez... I really hope Your Daughter gets the help and medical treatment she so deserves.. thats so disgusting that you risk your life for the country and then your dumped on from a great height when you get injured and they mistreat you, what is this country coming to, makes me so MAD..!!

    Mine seems a lot simpler Cameron, as my GP just told me i needed to get myself a walking stick and keep mobile (after waiting 10 days to see him), it took him 7 months until he finally refered me to see a consultant to see why the torn quadriceps muscle wasn't healing (depsite there being a very visable dent infront of my right leg)... the consultant couldnt believe i had done the injury 7 months prior to seeing him, and when i told him i'd only been referd to him so the doctor could find out why its taking so long to heal and that i'd had to pay for my own crutches, physio and knee braces (to lock my leg straight when i walk) he couldnt believe his ears, he was fuming.. Hopefully i'll be having a muscle reconstruction soon though..
    Good luck With getting things sorted out for Your Daughter, My Opinion is that being as she is service personnelle and went to Iraq she should be given priority treatment back here..

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    Go direct to a solicitor.

    I wouldn't under any circumstances ever go through any company that is not a solicitor, all they do is take money (£400-500) for passing simple details to a solicitor.

    Better you choose your solicitor than take pot luck from a faceless company.

    If you do choose to use a company make sure they are authorised to do so by checking here: http://www.claimsregulation.gov.uk/search.aspx
    Last edited by vvc Baz; 29th October 2008 at 16:01. Reason: To add a sentence

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