How to sue the NHS?

[chris0147]

Hi guys,

 

I need your help.

 

I am having a difficult time to seek for solictiors in my local

as many of them have declined to take my case on a legal aid due to over 3 years limitation.

 

I'm still trying to sue the hospital for taking responsibility for caused my father's death

by leaving the missing needle inside his body during his heart surgery bypass.

 

They had left him trouble with his breathing after the surgery

when they transferred him to high dependency unit which they was supposed to transfer him to intensive care unit,

but they left it 3 days later.

 

He kept being ill and getting better which it had occured 3 times already.

 

His face went grey and they should have transfer him to the theatre surgery straight away but they didn't.

 

They had put the room on his own where it was really dirty and filthy.

 

He caught the MRSA infections and c.difficult.

 

He had sepsis and pneumonia, they was not be able to keep up with him and they had gave up on him.

 

They had switched off his life support machine to allowed him to die in peace without our permission

when we was outside in the waiting room and we was not being allowed to be in the room with him.

 

They was being negligent to give him poor care and treatment when they did not acting quickly enough to save him.

 

I can't be able to get legal action against them,

because the hospital postponded their response to preventing us taking legal action.

 

I have tried to find my local solicitors everywhere after the incident,

but none of them want to take it due to three years limitation when I was under the limitation.

 

I wrote a letter to my local MP to get support with solicitors.

I received a letter from my MP as he said that I should try to get advice through my local citizens advice bureau

which I already did it.

 

I responded his letter and i said that i have already done it when my local citizens advice bureau

adviced me what to do to seek for solicitors.

 

I got his responded and he said that he was not aware about the time limitation, so he said that he cannot help.

I am very upset, angry and frustrated the way we have been treated.

I don't really know what I am suppose to do.

 

Can you please advice me what I would need to do to get advice with solicitors

or if I need to see a lawyer on a legal aid?

 

If it is not possible, do I need to write a letter to british medical association to get legal advice or what other way I need to do?

 

Any advice would be much appreciated.

 

Thanks in advance

Edited February 8, 2013 by chris0147

[BazzaS]

Hi guys,

 

I need your help. I am having a difficult time to seek for solictiors in my local as many of them have declined to take my case on a legal aid due to over 3 years limitation. I'm still trying to sue the hospital for taking responsibility for caused my father's death by leaving the missing needle inside his body during his heart surgery bypass.

 

. I have tried to find my local solicitors everywhere after the incident, but none of them want to take it due to three years limitation when I was under the limitation.

 

 

If it is not possible, do I need to write a letter to british medical association to get legal advice or what other way I need to do?

 

 

I take it you are 21 or older?.

 

When were you first made aware of "the missing needle"?

Was a Coroner's Inquest held? If so, what was the verdict?

 

The British Medical Association is "the doctor's Trades Union", so I doubt they could be of help to you.

Edited February 8, 2013 by BazzaS

[Conniff]

If you have a strong enough pack of evidence, then your case would be taken on by a solicitor. I would say you need to gather all the evidence together that shows 'beyond doubt. that death was caused by hospital neglect or no one will want to take it on.

[Night Owl]

Hi chris0147.

 

Your account breaks my heart. I'm sad you lost your father in such traumatic circumstances.

 

At the time of his death did you get any explanation from your fathers consultant for the reasons into his death?

Did you complain from the time of his death or have you just started?

You will need to seek the advice of a Solicitor specialising in Medical Negligence.

 

Good luck.

[assisted blonde]

How long ago did your father die?

[chris0147]

I take it you are 21 or older?.

 

When were you first made aware of "the missing needle"?

Was a Coroner's Inquest held? If so, what was the verdict?

 

The British Medical Association is "the doctor's Trades Union", so I doubt they could be of help to you.

 

No, I am older than that thank you for asked.

 

We first made aware of the missing needle in 2008. We tried to take legal action straight away after the incident, but the solicitors said they can't take it because we was over 3 years when we were not over the time limiation. We are not being treated fairly that other people get legal action after the incident. I had took over the case and I had contacted the Ombudsman to try and go through with them until I found the evidence later in 2010. I tried to go through with every solicitors but they all said it is too late to get a claim, because we were late and we didn't acting quickly. I found it is not quite fair the way we are treated, because it didn't give me enough time to get the evidence when the hospital postponded their response and when we tried to get legal action after the incident.

 

We tried to get coroner's inquest, but they said that we didn't need it because it had already been filled on the medical records which I has already got with enough evidence.

 

Do you think if I contact british medical association, would they be able to help me to go through with my case to take legal action? and how they would be able to fund it through a private solicitor\lawyer?

 

 

How long ago did your father die?

 

5 years ago.

 

Hi chris0147.

 

Your account breaks my heart. I'm sad you lost your father in such traumatic circumstances.

 

At the time of his death did you get any explanation from your fathers consultant for the reasons into his death?

Did you complain from the time of his death or have you just started?

You will need to seek the advice of a Solicitor specialising in Medical Negligence.

 

Good luck.

 

Thank you for your kind words.

 

No, we didn't get any explanation until we found out the time of the death in the meeting and we were angry with them when they told us that he died at 5:45am when we turned up in the room 10 mins later.They had switched it off his life support machine without our permission.

 

We did made a complaint, but it has not been resolve. They were lied to us everything through in the metting and when we made a formal complaint to the Ombudsman. We know the whole truth. They covered it up to prevent us taking legal action against them. The Ombudsman was not listened to us and they believed everything with the hospital that they did nothing wrong and that the missing needle would not harm if it left inside. I found out that it was very dangerous if it have been left inside.

 

We can't find any solicitors to take our case. The only way I believe is if i hire a private firm?

 

We don't have the money as we are unemployment. I don't really know what I am going to do?

Edited February 8, 2013 by chris0147

[BazzaS]

No, I am older than that thank you for asked.

 

We first made aware of the missing needle in 2008. We tried to take legal action straight away after the incident, but the solicitors said they can't take it because I am over 3 years when we were not over the time limiation. We are not being treated fairly that other people get legal action after the incident. I had took over the case and I had contacted the Ombudsman to try and go through with them until I found the evidence later in 2010. I tried to go through with every solicitors but they all said it is too late to get a claim, because we were late and we didn't acting quickly. I found it is not fair the way we are treated, because it didn't give me enough time to get the evidence when the hospital postponded their response and when we tried to get legal action after the incident.

 

We tried to get coroner's inquest, but they said that we didn't need it because it have already been filled on the medical records which I has got with evidence.

 

Do you think if I contact british medical association, would they be able to help me to go through with my case to take legal action? and how they would be able to fund it through a private solicitor\lawyer?

 

Again, the BMA is the Trades Union for doctors, and likely won't be able / interested to help you : it'd be like me complaining to the T&GW (Transport & General Workers Union) about a haulier - why would they want to help me take action against one of their Union members?

Their role is to support / protect their members ...

 

Do you mean the General Medical Council?

You'd have to demonstrate that the doctor was unfit to practise, or had undertaken (serious) professional misconduct.

 

If the needle caused the death and you were first made aware of it being the cause in 2008, you had 3 years from becoming aware in 2008 to commence a claim.

 

If you became aware of a cause of action only in 2010, then you have 3 years from then (or, if under 18 at the time, 3 years from your 18th birthday : which is why I was asking, but you've noted you are older).

 

When did you first become aware of the information that now makes you believe there was negligence?

[steampowered]

I'm so sorry to hear about this. What an awful situation. Unfortunately it doesn't sound like legal action would be any use. Unfortunately the 3-year limit is an absolute bar to successful legal action where it kicks in. It is not discretionary. The court does not have the power to allow you to bring a claim despite the limit, no matter what the circumstances are. Part of section 11 Limitation Act 1980 is set out below:

 

11 Special time limit for actions in respect of personal injuries.

(1)This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.

...

(3)An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) or (5) below.

...

(5)If the person injured dies before the expiration of the period mentioned in subsection (4) above, the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934 shall be three years from—

(a)the date of death; or

(b)the date of the personal representative’s knowledge;

whichever is the later."

 

The three years from date of death limit has clearly expired. The date of the PR's knowledge test refers to the date on which you knew of facts which might give rise to a claim. If you knew of the facts on which the claim would be based soon after the event then unfortunately this limit has expired too.

 

There is generally no legal aid available for personal injury cases. If you cannot afford to pay for a solicitor then your only option is a no-win-no-fee arrangement. Solicitors will not do a no-win-no-fee if they don't think you have a case. The BMA won't help you. The General Medical Council can strike off the doctor in question if there was serious misconduct but it won't award you compensation (and probably won't investigate if the matter has been cleared by the Health Ombudsman).

 

Your MP will not be able to provide any support with getting a solicitor because MPs are not lawyers and can't give legal advice. What he might be able to do is help you deal with public bodies, such as the Health Ombudsman. My experience is that the NHS tries to fob off even the most justified complaints as much as they can. I doubt the HO would award compensation but it might be able to launch a proper investigation. What happened when you asked the Health Ombudsman to look into the case?

[chris0147]

Hey steampowered

 

Thank you for your kind words. I haven't been try to find the solicitors that do a no win no fee. First of all, what concerned me is do they take the case over three years and would I have to pay them all the paper work he would do for me to take the hospital to court?

 

If I don't have to pay them with a no win no fee, can you please give me the list of solicitors in my local that are registered as solicitors which take medical negligence case over 3 years and that I would not have to pay them?

 

My local is in kent, the post code is CT14.

[chris0147]

Again, the BMA is the Trades Union for doctors, and likely won't be able / interested to help you : it'd be like me complaining to the T&GW (Transport & General Workers Union) about a haulier - why would they want to help me take action against one of their Union members?

Their role is to support / protect their members ...

 

Do you mean the General Medical Council?

You'd have to demonstrate that the doctor was unfit to practise, or had undertaken (serious) professional misconduct.

 

If the needle caused the death and you were first made aware of it being the cause in 2008, you had 3 years from becoming aware in 2008 to commence a claim.

 

If you became aware of a cause of action only in 2010, then you have 3 years from then (or, if under 18 at the time, 3 years from your 18th birthday : which is why I was asking, but you've noted you are older).

 

When did you first become aware of the information that now makes you believe there was negligence?

 

I am disappointed to learn that BMA won't be able to help me, how about if i should contact with action against medical accident to see if they would be able to help?

 

I hope they would be able to help, because we are not treated fairly after my father died and the solicitors didn't wanted to take my case straight away. I'm blamed them for ruined it when we want to take legal action and they denied to take my case. We were aware about the negligence later in 2008 when we made complaint with the hospital during the meeting. We found that they were lying to us everything what they did to my father.

[honeybee13]

Hello there.

 

Here's a link to the Law Society website facility for finding a lawyer, I've found lawyers in CT14. There doesn't seem to be a box for telling the system which speciality you're looking for, but if you click on the name of the firm, it tells you what they specialise in.

 

To know if they will take on your case, you'll need to ring them.

 

http://www.lawsociety.org.uk/find-a-solicitor/?view=pcsearch&postcode=ct14

 

My best, HB

[BazzaS]

I am disappointed to learn that BMA won't be able to help me, how about if i should contact with action against medical accident to see if they would be able to help?

 

I hope they would be able to help, because we are not treated fairly after my father died and the solicitors didn't wanted to take my case straight away. I'm blamed them for ruined it when we want to take legal action and they denied to take my case. We were aware about the negligence later in 2008 when we made complaint with the hospital during the meeting. We found that they were lying to us everything what they did to my father.

 

You are "disappointed" the BMA are unlikely to want to become involved? After I've explained (twice) WHY they can't / won't ........

 

Just to avoid people having to scroll back, I'd pointed out that the BMA are the Dr's trades union : it shows a lack of understanding to expect them to want to act against a Dr, or to be "disappointed" when this is pointed out.

 

This suggests to me that you are allowing your (understandable) emotion to cloud your views.

I might be equally frustrated and emotional if I "was in your shoes" : but unrealistic expectations aren't going to help you get acknowledgement of wrongs you have suffered.

 

I think contacting Action against Medical Accidents is a good idea, but I would ask "if they tell you you are outside the time limit for launching a claim : will you believe them or continue to look for a way to sue"?

 

Action against Medical Accidents may be able to offer you support or suggest what you can do, even if they have to tell you you can't launch a claim.

Edited February 15, 2013 by BazzaS

[Mactireuk]

Their are in fact Solicitors who deal in just medical negligence .

Especially the NHS !!!.

Edited March 20, 2013 by honeybee13

[honeybee13]

Hello Mactire.

 

As it's against site rules to recommend lawyers, anyone who wants a medical negligence specialist needs to either go through the Law Society website which will tell you who is in your area or check the local directories for no win no fee people.

 

HB

[chris0147]

Regarding the first thread I made:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381588-How-to-sue-the-NHS

 

I have found the contact details for lawyers, but I have contacted them last year which it didn't went well, because I did not explains to them enough about the long NHS complaint produce and the situations I went through, so I'm thinking about trying again. What I find it strange is one of the solicitors that I spoke to when I explained to them about the long NHS complaint produce and what I have gone through with difficult situations; they said they can't take it on due to too much paperwork. It makes me realised that it is still possible to get legal action over 3 years.

 

So when I go and see the lawyer, do I have to explains to them everything about what I have gone through over 3 years with long NHS complaint produce and the difficult situations without getting the help from solicitors when I did not had the evidence to support the argument and do I need to tell them exactly what I have told that solicitors (who couldn't take it on due to too much paperwork)?

 

And also do I need to show them with the official documents including the letters from solicitors that I tried to get legal action within 3 years where no one would take it on before I found the evidence at the end to support the argument before the 3 years expired?

 

If so I will tell them everything about what I went through and I'd hope they will be able to take it on.

 

Thanks in advance.

[renegadeimp]

If you are looking for a lawyer to represent you, then you need to tell them everything so they have a clear and fully laid out history.

[chris0147]

Thanks for your quick response. Do you mean that I need to tell them everything about the way i have gone through especially the long nhs complaint produce and the difficult situations I went through when they postponed their response to covered up as I was trying to get the evidence to prove that they was the blames and do I need to tell them exactly like what I have told that solicitors who said they cant take it on due to too much paperwork?

 

Do I need to go down to their office and explains to them about what happens and what I have gone through with this difficult time?

 

The reason for this when I rang on all solicitors, no one wanted to know and when I went to one of the solicitors office, they was really interested about my case. It make me feels a bit strange.

 

If so i will sort it out with my paperwork and hopefully they will be able to help me to take it on.

[Clear33]

http://www.nhsjusticegroup.co.uk/faq.html

 

I am not much help but I recently found the NHS justice Group website and it may have some info. on that can help you . I havent had a proper chance to look at it yet.

 

All the best

Clear33

[renegadeimp]

Thanks for your quick response. Do you mean that I need to tell them everything about the way i have gone through especially the long nhs complaint produce and the difficult situations I went through when they postponed their response to covered up as I was trying to get the evidence to prove that they was the blames and do I need to tell them exactly like what I have told that solicitors who said they cant take it on due to too much paperwork?

 

Do I need to go down to their office and explains to them about what happens and what I have gone through with this difficult time?

 

The reason for this when I rang on all solicitors, no one wanted to know and when I went to one of the solicitors office, they was really interested about my case. It make me feels a bit strange.

 

If so i will sort it out with my paperwork and hopefully they will be able to help me to take it on.

 

Give them EVERYTHING you have, and let the lawyer make the decision.

[chris0147]

Give them EVERYTHING you have, and let the lawyer make the decision.

 

ok i will do my best what i can do. can they be able to take my case on as i'm over 3 years which is not my fault?

[chris0147]

@Clear33:

Thanks for this, but why do you sent me the link for?

it looks like to me that you might know how i can sue the nhs over 3 years.

I'm having a difficult times to try to sue the nhs,

because the hospital postponed their responses to delayed and covered up when I was trying to get the evidence,

so i would not be able to sue them.

 

I have tried to get the solicitor to take my case on,

but they would not be able to take it on without the evidence.

 

I went to my citizens advice bureau to get a legal advice,

where I got the evidence at the end.

 

I tried to find the solicitors to take my case on, but they said i'm over 3 years and they can't help.

 

Some of them found my case really difficult and some of them found too much paperwork.

 

I feels that they are not treated me fairly.

 

Do you know what i would need to do?

 

Do I need to see a lawyer?

[Clear33]

@Clear33: Thanks for this, but why do you sent me the link for? it looks like to me that you might know how i can sue the nhs over 3 years. I'm having a difficult times to try to sue the nhs, because the hospital postponed their responses to delayed and covered up when I was trying to get the evidence, so i would not be able to sue them. I have tried to get the solicitor to take my case on, but they would not be able to take it on without the evidence. I went to my citizens advice bureau to get a legal advice, where I got the evidence at the end. I tried to find the solicitors to take my case on, but they said i'm over 3 years and they can't help. Some of them found my case really difficult and some of them found too much paperwork. I feels that they are not treated me fairly.

 

Do you know what i would need to do?

 

Do I need to see a lawyer?

 

hi Chris,

 

Firstly, i am sorry for your loss. I am no legal expert, just passing through but I totally recognise your opening post as quite a normal service. My Mother died due to NHS malpractice and negligence so I understand all the frustration. She too was placed on the Liverpool Care Pathway wiyhout my knowledge.

 

I passed you the NHS justice group as I thought they maybe able to shed some light or recommend a solicitor etc.

 

that their collection of similar stories might be of some support to you in some way.

 

I havent been able to read the whole thread so just ignore the link if its not of use to you. I am only quite new to the CAG forums.

 

All The Best

Clear33

[steampowered]

It always a good idea to tell everything to the lawyers you see. Unfortunately you are up against it here because this 3-year deadline is a hard deadline proscribed by legislation with no real exceptions, and the courts do not have the power to waive the deadline. Bear that in mind and take advice on the limitation period before throwing too much money at this.