NHS Medical Neg Issue

[lemma1968]

Almost 3 years ago (exactly on the 19/7/05) my mother had an operation at the Bradford NHS Hospital.

 

Unfortunately they cocked up the op AND she contracted MRSA.

 

I lived abroad at the time and she did not tell me anything about it. But she asked me last night if I could start the ball rolling on legal proceedings cos time is running out (3 year statute of Limitations).

 

I was horrified when she told me the 3 years was almost up.

 

She has just had a 2 stage corrective surgery in another PCT area and is currently bed bound. The initial flawed surgery curtailed her ability to walk and get about quite considerably. Even the corrective surgery may not help. we have to wait and see.

 

Please can someone advise me what I have to do?

 

Do I send them a Notice of Intention to bring proceedings?

 

Is there a draft cos i have no idea at all.

 

HELP!!!!!!!?:?:?

[borisbeaver]

First of all, you need to log an official complaint with the TRUST. You can do this by going through the TRUST's PALS office. There are statutary time limits in which the TRUST must respond.

 

If you don't get anywhere with this, then you need to instruct a solicitor.

[lemma1968]

Does this then stop the 3 yr statutory limitation clock running?

 

Thank for your help.

[borisbeaver]

I'm not sure. It depends what you are after. If it's financial compensation, then it's going to be tricky without having made a complaint at first.

 

A solicitor may be able to help you, but you have left it very late. If you decide to take action, you must receive an acknowledgment of the claim within the three years. When are you seeing a solicitor?

 

Perhaps you need to sent a letter of intent to the trust. Recorded delivery doesn't help as this would only be signed by the post room and may take a day or two to get to the right department. One option is to hand-deliver the letter to the general office of the trust.

[lemma1968]

Thanks for that. I have told her she needs to speak to a solicitor as a matter of urgency.

[slick132]

She should be able to get a free initial consultation with a solicitor to outline the situation and get some basic advice.

 

There are, of course, solicitors that deal with such matters on a No Win, No Fee basis. Best to use a firm that specialises in medical claims.

[poppynurse]

You may be able to find the email address of the chief executive on the trust website - you could email him a letter of intent and follow it up by post.

 

Medical negligence is extremely hard to prove so be prepared for a long fight.

 

It may help to give us more details so we could help further.

[borisbeaver]

Just a thought. The biggest source of MRSA is the patients. I work for a large NHS Trust in the South West and even with the best will and hygeine routine in the world, the most common way that MRSA gets into a hospital is via the patients and visitors.

 

We actually had a visitor come into the department and projectile vomit all over the floor. She had MRSA and we had to close the department for cleaning.

 

Proving neglegence, especially after 3 years is going to be extremely difficult.

 

As poppynurse says, it will be a long battle.