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nicolakay

medical compensation?

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hi was wondering if anyone can help me..i had my daughter in 2009 and was very long hard labour after a while i had to have forceps delivery where they caught her just at the corner of her eye and made a cut...i was told by my health visitor it would probably fade with age. shes now 3 and a half and its a very noticable scar lot of people ask me if its a birthmark..its brown colour about 1 cm and i think she has a slight lazy eye bit its not been checked and im not sure if thats with the forceps or not....does anyone know if i have a case to claim compensation?

thanks

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Hi welcome to CAG, this is a very specialised area you will need to seek qualified medical and legal advice on this, see your GP first for an opinion.


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I believe there's a 3 year limit for claims?

 

as the injury appears to be to the child rather than the mother ...

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(continuing from zippygbr)...the three year period doesn't kick in until the child reaches the age of majority (18) so the claim can be lodged any time until the day before the child's 21st birthday.

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A claim must be commenced within 3 years of becoming aware of a cause of action, but this is extended for children, as the law presumes they may not be able to reach a valid decision about commencing proceedings until they reach 18.

 

The child has 3 years from their 18th birthday to initiate proceedings, if "aware" of a cause of action on their 18th birthday.

 

Leave to commence proceedings outside of these timescales can be sought, so action later than 3 years might be allowed, but would usually rely on the court being persuaded there were reasons why proceedings were not started earlier, and that it was in the interest of justice to allow such proceedings, such as where it only transpired greater than 3 years after the event that there had been negligence, and the details had earlier been denied to the claimant.

Edited by honeybee13

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