Time to break my silence :( pour my heart out - Sorry!

Oldernotwiser

DUTR wrote: »

I think they mean they keep messing themselves .

Sigh - I do know what incontinence means!

Oldernotwiser

ChaseMe wrote: »

I actually read that as her having it for life.

That's what I thought she meant bui I thought it needed clarifying.

Quirkylass

Hi OP

First may I say that you are really brave for posting about your illness(ess) on here, well done.

As somebody who has suffered Clinical Negligence at the hands of the NHS during giving birth, I totally have smypathy for you. I suppose I was lucky at the point because I couldn't bond with my baby so saw a Solicitor within the first 6 months and waited nearly 9 years for the compensation to pay out, but please belive me when I say the money has not taken the pain of what happened away.

If you apply for DLA, initally you do not have to have a medical at all (as far as I am aware), you would just have to fill in the forms, the DLA would then get information from your GP, Consultants etc and award you a rate. This may be changing due to the changes in benefits but I am sure as it stands at the moment you would just have to fill in the forms (I have recently had to renew my son's claim for the second time and its all been done on paper both times- no medicals at all.)

The forms are long and tedious and sometimes confusing, so, if you, feel up to it, you could give your local Welfare Rights a call and ask for somebody to come out to to help you fill the forms in. They are very nice people who won't judge you in anyway and are very used to hearing all manners of illnesses and you have nothing to be ashamed of , they know exactly what to put on the forms to get the right decision for you. You could, maybe ask for a lady worker to come and see you, if that would help at all.

Also, perhaps somebody could advise you on this, but I am not sure if you could also claim ESA, I don't know if that is a NI based benefit. Also, make sure you claim WTC & CTC and that the amounts are correct. Another thing, if you need help due to toilet issues, look into claiming Carer's Allowance for your husband if you are entitled to it. Again, if you do see somebody from Welfare Rights they will advise you of any benefits you can claim that meet your circumstances.

Good luck with it all and please update your thread as and when, I would love to know how you have gone on.

Take Care Hun

Weller x

ETA. I stand corrected if any info is incorrect, i'm sure it will be pointed out

kazzah60

traybro wrote: »

Oh and if any of you are unfortunate in needing an operation, if it goes wrong then bear in mind that you only have 3 years to take action. I couldn't face upto the future, so i didn't want to see a solicitor.
My friends and family knew that there was not only medical negligence but I had also lost my career with the same organisation. By the time they pushed me into acting it was too late, the 3 year period had elapsed.

actually this information regarding the 3 year time limit is not 100% correct. In actual fact you have three years from the time you KNEW the treatment to be negligent or substandard
so if for example you were not aware for 12 months AFTER the treatment, that your ongoing difficulties were due TO the negligent treatment, then your 3 years would start from the time you became aware of the negligence.

In some cases where claimants have not been aware they could make a claim, courts have waived the 3 year rule and allowed the claim to proceed - a GOOD clinical Negligence lawyer ( rather than one of these " no win no fee" type of personal injury lawyers) should have made you aware of this fact - it might be worth discussing this with an alternative lawyer




Limitation A case must be brought within three years of knowledge of harm suffered - so, if a patient thinks they have received negligent treatment today, they have 36 months in which to file a claim. Exceptions to this rule are:

• At the time of the injury the claimant was a child (under the age of 18) - no time limit.
• At the time of the injury the claimant was mentally ill - limitation period starts from the time of their recovery.
• At the Court's discretion - the judge can decide that a case which is "out of time" can proceed.

Torry_Quine

Quirkylass wrote: »

Hi OP

First may I say that you are really brave for posting about your illness(ess) on here, well done.



If you apply for DLA, initally you do not have to have a medical at all (as far as I am aware), you would just have to fill in the forms, the DLA would then get information from your GP, Consultants etc and award you a rate. This may be changing due to the changes in benefits but I am sure as it stands at the moment you would just have to fill in the forms (I have recently had to renew my son's claim for the second time and its all been done on paper both times- no medicals at all.)

The forms are long and tedious and sometimes confusing, so, if you, feel up to it, you could give your local Welfare Rights a call and ask for somebody to come out to to help you fill the forms in. They are very nice people who won't judge you in anyway and are very used to hearing all manners of illnesses and you have nothing to be ashamed of , they know exactly what to put on the forms to get the right decision for you. You could, maybe ask for a lady worker to come and see you, if that would help at all.

Also, perhaps somebody could advise you on this, but I am not sure if you could also claim ESA, I don't know if that is a NI based benefit. Also, make sure you claim WTC & CTC and that the amounts are correct. Another thing, if you need help due to toilet issues, look into claiming Carer's Allowance for your husband if you are entitled to it. Again, if you do see somebody from Welfare Rights they will advise you of any benefits you can claim that meet your circumstances.

Good luck with it all and please update your thread as and when, I would love to know how you have gone on.

Take Care Hun

Weller x

ETA. I stand corrected if any info is incorrect, i'm sure it will be pointed out

I just wanted to point out that you can be called for a medical for a first claim or any subsequent renewal.

As insufficient contributions have been paid any esa would be income related and as her husband works she would not be entitled.

Her husband would not be entitled to carer's allowance even if she were to get medium or high rate care as he is in work and earnig over £100 weekly.

Chorlie

As other have said, look into DLA and Carer's Allowance (it doesn't have to be your husband who claims it, does your mum / sister etc care for you in anyway?). Since you have children maybe your husband could get some Working Tax Credits and I'm not sure but if someone is disabled in the family there maybe a disabled element to it.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171894

There is ESA, but you'd have to apply for Income Based ESA; so your husbands income and any savings will effect it and if you're not put into the Support Group you have to jump through hoops, so the extra stress may not be worth it, but look into it....you have to look into everything, several times over.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018702

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Caringforsomeone/DG_10012525

http://www.hmrc.gov.uk/taxcredits/payments-entitlement/entitlement/question-how-much.htm

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171894

The other thing that springs to mind is did you have a pension and if so can you claim an ill health pension from it?

It's not a nice thing you've been through, but trying to ignore it (not opening up about it) won't make it go away, you have to face it head on (which is bloody hard, I know) and only then will you start to get the help you need.



Lastly, is the 3yr claim time fixed and when did you finally know you'd be left for life the way you are...?

It's just reading the below, I many be tempted to speak to another solicitor to double check your case.


Quote from Graysons Solicitors website:

"Timescales
How long do I have to make a claim?

If you think you may have a medical negligence claim it is best to contact us as early as possible as there are time limits for bringing a claim.

In general you have to start court proceedings within 3 years of the date of your treatment or injury. In some cases you may not know initially that you have suffered an injury and in these cases you have 3 years from the ‘date of knowledge’ of the injury.

The 3 year limit does not apply to children until they reach their 18th birthday. However, you do not have to wait to take action, as a parent or other adult can make a claim on behalf of a child.

In certain circumstances, where someone does not have the mental capacity to decide for themselves about making a claim, no time limit applies.

The rules stated above are general guidelines, but if you feel that you may have a claim please contact us and we may still be able to help you. It is always best to act promptly."

MissMoneypenny

traybro wrote: »

I had 6 months @full pay and then 6 months@ half pay ,before going into a no pay situation.Due to doctors and specialists not knowing if I would or could work again the NHS ended my employment. Of course I should have gone to a solicitor straight away

Its' 3 years to claim from when you knew it was serious enough to warrent legal action, according to this site:-

The starting date for reckoning the three year limitation period for medical negligence (UK) is the earliest date upon which the potential claimant first had the knowledge, which he might reasonably have been expected to acquire, necessary to bring a legal action. The claimant must therefore have known the material facts, have known that the injury caused by the alleged clinical negligence was serious enough to justify the issue of legal proceedings and must have known the identity of the potential parties to the action, before the three year period starts running. This effectively means that the three year period does not start to run until the injured person finds out about the problem and the parties involved which can in some cases be many years after the medical treatment.
http://www.clinical-negligence.info/limitation-medical-negligence-uk.html

MissMoneypenny

Opps, I see Chorlie has already you about how the 3 year rule works.
I should have read to the end of the thread before posting:o

I made a successful claim against a solicitor who acted for me when I bought a house 7 years before I claimed. He argued that I was outside the 6 year (different than medical claims for adults) date. I argued that I was within the 6 year time frame from when I found out about his poor work; which was when I sold the house 7 years later. After some snotty letters from the solicitor first of all, he then paid in full without the need to go to court.

I'm just putting that story to show that the time limit starts from when you find out there is a need for compensation.

Sam____2

traybro wrote: »

Sam, you assumed I wasn't solely living off husbands wages because I was running at a small internet business, if people had have read correctly and been part of that discussion then they would have known i stopped it because i ended up running at a loss. Anyway, my questions been answered, regarding if I will have to talk openly or not, thats all I needed to know.

Torry I know what you mean but believe me, compassion and sympathy seem to have the reserve effect on me :)Part of the reason I shut off is because if I thought about it too much I know I would be depressed.
It's unfortunate because I am young and a mistake in theatre escalated from one thing to another. I just have to remind myself that there is people worse off than me.
Thanks all anyway.At least knowing I'm likely going to have to open up about things, I can take that on board and have a think about it before submitting the form.

I said you had been running an internet business yes, something you failed to mention in your OP on this thread, (you gave the impression you hadn't worked at all since your operation) you gave up that bussiness you say because it wasn't financialy viable not because you were medically unable. So it wouldn't be beyond the realms of possibility that you could do something similar but selling different things instead of cd's/dvd's that you were selling before.

It is possible to claim DLA and still work.

I sometimes think people with disabilities/illness concentrate on the negative instead of trying to be positive about things, you're young, you have a husband who sounds like he is very supportive, it is possible by your own admission (you have been doing it) for you to still do some kind of work. It would probably make you feel better about yourself as you say you don't like having to depend on your husband financialy for everything.

I very recently myself was subject to a horrible ordeal when having my baby in May, the surgeon ruptured my bladder when they were opening me up, I had some complications after that and ended up having to wear a catheter. So I have some idea about how you feel, (I know it's nowhere near as bad as what you've been through) it is embarassing/inconvenient etc etc, but I can't let myself dwell on it, I have 3 kids and a partner to think about as well as myself.

Hopefully you'll be successfull in a claim for DLA and you can have a little bit of financial independance, perhaps even do a little bit of work too.

wishing you well

Sam'

mummyplus3

When I claimed for DLA, I went to CAB and had the forms filled for me, and I didnt need to have any medical or anything. Got my award through a few months later due for renewal in 2 years.