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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
Sorry to hear about the (alleged) negligence your father suffered
Bit of an odd first post on a bike forum though!
^ What he said...
Try a few more solicitors, on a no win no fee basis, as your father has died, it is now up to your family to take on the case ,also why wait 3 years plus to try and get some recompence.
Also have a look at the nhs litigation website.
Dirty rooms ,cdiff and mrsa are poor excuses for even poorer management.
The NHS believes it is answerable to nobody. Have you written a formal letter of complaint to the hospital/PALS?
I am very upset, angry and frustrated the way we have been treated
And how would suing the NHS help?
@project: Thank you for your advice, do you know where i can find a no win no fee solicitors? is it too late to get a claim over 3 years? is that site i should use to find the solicitors? do i have to pay to see him?
And do you know if nhs litigation will be able to help me to take legal action?
Cracking first post on a bike forum, very topical 🙄
Amazing new spam tactic
I'm predicting a posting/recommendation by/for a no-win-no-fee solicitor soon.
EDIT: and as if by magic, as I was typing.
How can you get past limitation?
If you had reasonable prospects of doing so, a solicitor should take you on.
On a slight tangent [url= http://www.webmd.com/ ]WebMD[/url] are recommending Conti Vert Pros as the rubber of choice for 2013 and [url= http://www.lawyers4u.org/ ]lawyers4u.[/url] aren't convinced with the benfits of 29ers 🙂
First off I'm sorry for the loss of your father.
My knowledge of the law is pretty minimal, what would you actually be suing for?
I.e Given that it was your father who was poorly treated, what damages would *you* be claiming for as effectively a 3rd party?
I doubt whether you'll get anywhere by trying to sue. You need to rattle cages so that means gaining information/evidence.
Check out the PALS website for procedures, if you have to use the FOI Act and the ICO then do so.
@cynic-al: i dont know how i can get past the limitation.
@project: do i need to contact the nhs litigation or action against medical accidents to get legal advice?
@cinnamon_girl: do you know what i need to do and who i should contact to get legal advice?
You'll need to start here and you'll need the constitution of an ox to follow it through:
http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/NHScomplaints.aspx
I think firstly though you need to ask yourself what are trying to gain by doing this and are you prepared to be ignored/pushed from pillar to post etc etc.
Chris your first stop should be a solicitor, approach them with a shrtened, coorec spelling diary of what happened and what you want thenm to achieve for you and other patients of the NHS.
But beware its a long drawn out process, and costly, even if you do win, the solicitor will get a sizeable chunk of cash as well.
Best wishes.
Sorry for your loss.
However this country is turning it like the states. Sue for everything and makes 99% of peoples jobs an actual nightmare as they are continually scared of this said topic.
I know you have went through a bad time, but in my eyes (may be different if I was you) you should be trying to point out to the hospital what went wrong and what new measures were going to be put in place to stop it happening again. Suing not only costs a lot of money for the NHS, which is cash strapped as it is, but also wont bring your father back.
Make a complaint, escalate it as high as you want, but suing wont help anyone bar yourself.
Clever spam.
Worth a report...to the law society.
If it was me, I wouldn't ask a bunch of cyclists, I'd ask someone expert in consumer action or the law:
http://www.consumeractiongroup.co.uk/forum/showthread.php?381588-How-to-sue-the-NHS
http://www.thelawforum.co.uk/how-sue-nhs-over-3-years
Has anyone else googled "chris0147" yet? Various forum entries relating to scamming, bannings etc.
Can't believe people reply to threads like this. Mods should be deleting before anyone gets chance to fall for them.
Sometimes we have t trust people being honest and trustworthy,/
Googles mr mills, just to make sure.
😀
I don't trust anyone - that's why I just googled myself.
I just googled myself too. There are thousands of mr millses and I don't trust any of them.
bencooper - MemberIf it was me, I wouldn't ask a bunch of cyclists
seems he's already asked the rest of the internet.
Though there is a small sense of satisfaction in googling your name and coming first in the results.
Unless your name is Aristotle Hemingthwaite.
I also just googled "how to sue the NHS". We're not quite top of the results yet but I'm sure it won't be long.
@project: do you know what website i can find the solicitors? i tried all solicitors under a legal aid and they are only take it within 3 years after the incident so i am over the time.
yes you can pay a solicitor to take the case to court safe in the knowledge that you are out of time and therefore cannot win because it is too late to do anything about it
I am not sure how many legal trained people need to tell you this before you realise that this is the case and that you cannot actually do anything
Given a quick google I am not sure how many internet sites you need to ask this on either before you relaise the answer is still the same
Not convinced this is genuine but if it is sorry for your loss but you are still out of time so cannot do anything beyond complaining in a non legal sense.
@ bencopper unless you work for the BBC you are not first for me
Interesting - does Google tweak the search results depending on who's searching? I tried logging out and it still works.
A sad end to your fathers life that should have been handled differently by the NHS but I have to ask why it has taken 3 years to do something about it?
Sounds like what you need is some therapy to get over the sad loss of your father. Obviously you wouldn't want to go and use the negligent old NHS though.
All very very odd.
Your fathers case should have been discussed with the coroner,as an unexpected death,post surgery,if there was an inquest,what was the outcome ? If not,then the coroner felt that there were no suspicious circumstances,such as negligence,and you will find it difficult to proceed.
@mr smith: I have tried everything to get it forward, but the hospital postponded their response when we made a formal complaint to the health ombudsman and we found out in the medical record that the needle was reported as missing during the surgery. It take me 2 years to get the evidence and i went to my local solicitors, but they said it is very difficult and i should seek a lawyer. I am not sure what to do and i am not sure if i have to pay for a lawyer and if he\she would be able to help me to take legal action against the nhs?
Right - in view of the several reports we've had and in the light of information derived from search engines, this thread is going to be locked.
We've asked the OP for an explanation of his motives in coming to Singletrack for guidance on a NHS dispute.