How to sue NHS over 3 years?

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 legal aid due to over 3 years limiation. I'm still trying to sue the hospital for taking responsibility for causing my father's death by leaving needle inside his body. I can't be able to get legal advice, because the hospital have delaying their responsed to waste more time to prevent me taking legal action. They have left the missing needle inside his body during his heart surgery bypass four years ago.

Can you please be able to advice me what I would need to do to get advice with solicitors or if I need to see lawyer?

If it is not possible, do I need to write a letter to my local MP?

thanks in advance

animalhouse

Please accept my sincere sympathy for the death of your father.

Have you a copy of the post mortem report? Does it state the cause of death as being a needle left inside his body?

If so, then getting your MP involved would probably be the best way of going forward. You could also ask the BMA (British Medical Association) for advice.

However, if the post mortem report doesn't show your suspicions then it would be much more difficult to prove.

chris0147

Thanks for your complicated.

No, we haven't got a post mortem report, because the hospital said we didn't need one so we have got the medical records.

We have got the evidence from the Health Ombudsman that the hospital had been honest during a month before the three years limiation expired and the hospital said they did left the missing needle inside, so i was research it and I found this:

http://www.hsinjurylaw.com/blog/how-dangerous-is-a-surgical-needle-when-left-in-the-human-body.cfm

It said that it is dangerous to leave the needle inside human body and can cause serious harmful or even death. That's what happens to my dad, they have done it and they got away with it. I need to do something about it and I can't even give up.

I have wrote a letter to the MP, but I have not heard from him for nearly 4 weeks now. What could I do? do I need to wait another 4 weeks until he will response?

What would BMA could be able to do if I contact them? would it make the big difference? But how i can overcome the limitation?

whitewing

Sorry for your loss.

What outcome are you wanting?

Are you wanting financial compensation for the mistake (hence the legal route)?

Or are you wanting a full investigation and apology? (in which case that may be achievable by a different course of action).

zzzLazyDaisy

chris0147 wrote: »

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 legal aid due to over 3 years limiation.

If you did not know that the negligence act had occurred at the time, then the 3 year time limit runs from the date that you knew or ought should reasonably have known about the incident.

So, in your case - if the doctors left a needle inside him and told him about it at the time, then the time limit would run from the date they told him. But if (say) this only came to light later (for example if it showed up on a scan the following year) then time would run from that date.

The relevant law is Latent Damage Act 1986 which inserted section 14A into the Limitation Act 1980.

But that is only the start - legal aid is very restricted nowadays, and even if you have a valid case, there is no guarantee that you will meet the criteria for legal aid - and even if you do, not all solicitors offer legal aid.

If you wish to pursue this through legal channels, you need to consult a specialist solicitor who specialises in medical negligence cases.

Alternatively, as others have suggested, you could consider contacting your MP.

chris0147

Are you being an idiot?

The hospital did not informed my father or my family that they left the needle inside his body. They kept it secret without our knowledge. I find that the hospital was a negligent. They postponded their response to Heath Service Of Ombudsmen until a month before the three years limitation expired they was dishonest until then they decided to be honested as they admitted to leave a needle inside his body. I feel that a postponded of their response that preventing us sueing them we are NOT being treated fairly.

I feel that the court should say I should be allow to give an extra time due to waste of time from the hospital for postponed their response before we found the evidence a month before the three year limitation expired. I'd find this that we are not being treated fairly.

Do you know what solicitors in my local south east of kent is a specialist solicitors, who could be able to advice on my case?

However, I have sent a letter to my local MP and I am waiting for his response. Do you think would he be able to help me with solicitors to take this matter to court?

zzzLazyDaisy

chris0147 wrote: »

Are you being an idiot?

Hmmmmm.... yes.... thinking about it, you could be right....

[Deleted User]

zzzLazyDaisy wrote: »

Hmmmmm.... yes.... thinking about it, you could be right....

By replying at all you mean?
The OP is not being very forthcoming with information..but very free with the insults .

thorsoak

chris0147 wrote: »

Are you being an idiot?

The hospital did not informed my father or my family that they left the needle inside his body. They kept it secret without our knowledge. I find that the hospital was a negligent. They postponded their response to Heath Service Of Ombudsmen until a month before the three years limitation expired they was dishonest until then they decided to be honested as they admitted to leave a needle inside his body. I feel that a postponded of their response that preventing us sueing them we are NOT being treated fairly.

I feel that the court should say I should be allow to give an extra time due to waste of time from the hospital for postponed their response before we found the evidence a month before the three year limitation expired. I'd find this that we are not being treated fairly.

Do you know what solicitors in my local south east of kent is a specialist solicitors, who could be able to advice on my case?

However, I have sent a letter to my local MP and I am waiting for his response. Do you think would he be able to help me with solicitors to take this matter to court?

Being rude to people who respond to your question, which is not put very clearly, is not very clever - why should anyone bother to give you advice?

You have been advised that unfortunately, any claim that you might wish to make is out of time - well if that is the case, that is the case and no amount of chasing will change it. Sadly nothing will bring your father back and sometimes we just have to accept facts such as these.

sharpy2010

chris0147 wrote: »

Are you being an idiot?

The hospital did not informed my father or my family that they left the needle inside his body. They kept it secret without our knowledge. I find that the hospital was a negligent. They postponded their response to Heath Service Of Ombudsmen until a month before the three years limitation expired they was dishonest until then they decided to be honested as they admitted to leave a needle inside his body. I feel that a postponded of their response that preventing us sueing them we are NOT being treated fairly.

I feel that the court should say I should be allow to give an extra time due to waste of time from the hospital for postponed their response before we found the evidence a month before the three year limitation expired. I'd find this that we are not being treated fairly.

Do you know what solicitors in my local south east of kent is a specialist solicitors, who could be able to advice on my case?

However, I have sent a letter to my local MP and I am waiting for his response. Do you think would he be able to help me with solicitors to take this matter to court?

I can GUARANTEE that after this completely unnecessary outburst, no one at all is going to bother to answer your question.

It is a shame, as a lot of useful advice could have been provided here, to a situation which was probaby worthy of compensation.

However, you can get stuffed now.