Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Can this person claim anything?

    hi.

    4 years ago, a friend of mine had a gastric band operation on the NHS.
    As a consequence of this operation, the valve which they use to inject fluid into the stomach was left in the wrong place, and eventually worked its way up into her chest cavity, causing a lot of pain. Finally, it managed to wear its way through her skin, leaving a large cavity/scar where it exited.

    As a consequence of this, she has had to have time off work, which she doesnt get paid for, and has had to have major surgery to correct the mistake, a consequence of which was that she caught pneumonia, and spent new year on a ventillator.

    Is there any chance of a claim for lost earnings and compensation for the original botched operation??.

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  2. #2
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    Default Re: Can this person claim anything?

    having done a bit of research on this kind of thing, the condition is known a "erosion", and is a known potential complication from having adjustable gastric band surgery.

    it is described on wikipedia as:-

    Erosion - The band may slowly migrate through the stomach wall. This will result in the band moving from the outside of the stomach to the inside. This may occur silently but can cause severe problems. Urgent treatment may be required if there is any internal leak of gastric contents or bleeding.
    Link

    so, as this is a known (but rare) side effect of the proceedure, is there still a chance there is a claim, as it has taken the doctors over 3 years to diagnose the problem, despite repeated visits to the doctors complaining of pain?.

    DCAs:-
    NDR, C.A.R.S, NCO, Moorcroft...Sent packing
    Other:-
    Orange:- Account closed, debt written off, refund made.
    Books Direct (BCA):- Fraudulent account closed, Cease and desist order issued.
    Local Council:- £65 compensation recieved in recompense for trespassing and criminal damage.


    Any advice I give is given based on personal experience and/or useful bits and bobs i've picked up over the years. Always seek professional advice if there's any doubt.
    Need a complaint letter writing, but don't know how to word it?
    Then ask me!, I love writing complaint letters, because I can be just as pompous and arrogant as they can, only better!.


    <--------Scales....you know you want to tip them

  3. #3
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    Default Re: Can this person claim anything?

    If this is a known possible complication of the surgery then the chances of compensation are lessened but then what are you claiming for - a complication (rare but known) or a failure to spot that complication and rectify it, resulting in increased pain and suffering not to mention loss of earnings.

    I would suggest that if you were to look for any compensation then that is the place to look , the after care and subsequent failures - not the original operation.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

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  4. #4
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    Default Re: Can this person claim anything?

    so there could be something there for her lost earnings, and subsequent pain and suffering...could this also include her ending up with pneumonia as well?.

    DCAs:-
    NDR, C.A.R.S, NCO, Moorcroft...Sent packing
    Other:-
    Orange:- Account closed, debt written off, refund made.
    Books Direct (BCA):- Fraudulent account closed, Cease and desist order issued.
    Local Council:- £65 compensation recieved in recompense for trespassing and criminal damage.


    Any advice I give is given based on personal experience and/or useful bits and bobs i've picked up over the years. Always seek professional advice if there's any doubt.
    Need a complaint letter writing, but don't know how to word it?
    Then ask me!, I love writing complaint letters, because I can be just as pompous and arrogant as they can, only better!.


    <--------Scales....you know you want to tip them

  5. #5
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    Default Re: Can this person claim anything?

    pneumonia may be a complication of splinted chest movement due to pain following all the problems she has had. I would certainly consult with an experienced med neg specialist lawyer and see what their thoughts are.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

    If my advice or information has assisted you in any way - please click my scales.

    thanks

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    [COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
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  6. #6
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    Default Re: Can this person claim anything?

    okie dokie, ill tell her to see about that then.

    DCAs:-
    NDR, C.A.R.S, NCO, Moorcroft...Sent packing
    Other:-
    Orange:- Account closed, debt written off, refund made.
    Books Direct (BCA):- Fraudulent account closed, Cease and desist order issued.
    Local Council:- £65 compensation recieved in recompense for trespassing and criminal damage.


    Any advice I give is given based on personal experience and/or useful bits and bobs i've picked up over the years. Always seek professional advice if there's any doubt.
    Need a complaint letter writing, but don't know how to word it?
    Then ask me!, I love writing complaint letters, because I can be just as pompous and arrogant as they can, only better!.


    <--------Scales....you know you want to tip them


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE