Medical Negligence Help!

Bongo567

I have CP and AS (diagnosed later) since birth. I was diagnosed with AS when I was 14 or 15 and the doctors deny they said I have CP even though I have a letter from the top consultant sending a letter to DLA to say "this boy clearly has CP" that's how I got it in the first place.

My mum said her labour with me was bad and they inserted a instrument in my head for some fluid or something (the medical records are lost so it was never explained), I stopped breathing inside my mum and my mum said they left me inside her too long to the point where I got brain damage they should of got me out through her stomach - that the doctor who was doing it was a trainee doctor on the day.

We started up a case with solicitor around 10-12 years ago, before I got diagnosed with Aspergers (new evidence?) - the reason we couldn't take the case to court was because the solicitors needed money to take it that far and since then we have had a ton of family problems.

I'd like to start the case up again if I can but I don't know what to do? do you think I have a strong case? I contacted a solicitors recently and they said it's just for kids fighting this type of thing..

Should I ask the DLA for a copy of the letter from the consultant will they still have that?

Thanks for any help I appreciate it.

Parva

Bongo567 wrote: »

I have CP and AS (diagnosed later) since birth. I was diagnosed with AS when I was 14 or 15 and the doctors deny they said I have CP even though I have a letter from the top consultant sending a letter to DLA to say "this boy clearly has CP" that's how I got it in the first place.

My mum said her labour with me was bad and they inserted a instrument in my head for some fluid or something (the medical records are lost so it was never explained), I stopped breathing inside my mum and my mum said they left me inside her too long to the point where I got brain damage they should of got me out through her stomach - that the doctor who was doing it was a trainee doctor on the day.

We started up a case with solicitor around 10-12 years ago, before I got diagnosed with Aspergers (new evidence?) - the reason we couldn't take the case to court was because the solicitors needed money to take it that far and since then we have had a ton of family problems.

I'd like to start the case up again if I can but I don't know what to do? do you think I have a strong case? I contacted a solicitors recently and they said it's just for kids fighting this type of thing..

Should I ask the DLA for a copy of the letter from the consultant will they still have that?

Thanks for any help I appreciate it.

Seems that you are alive and kicking and your use of English is pretty good. Would you have preferred that they didn't use the 'instrument' to pull you out and you didn't survive? And now the hospital it at fault. I despair.....

Bongo567

Parva wrote: »

Seems that you are alive and kicking and your use of English is pretty good. Would you have preferred that they didn't use the 'instrument' to pull you out and you didn't survive? And now the hospital it at fault. I despair.....

I'm alive I'm thankful for that and it could of been worse but still it's not the point. if I believe they caused the damage to my brain (you have no idea how difficult my life is I'd give anything to not have the problems I have I wouldn't be in living with support) by there incompetence for not reacting quick enough (have you ever heard of lack of oxygen to the brain causing brain damage?) why shouldn't I try to prove it?

This section of the forum lacks compassion and alot of spiteful nastiness if you haven't got anything nice to say don't say anything at all. God created us to help each other not look down our noses or discriminate people less fortunate then you we are all equal no matter who you are nobody is better then anyone. Bye!

Pink.

Bongo567 wrote: »

My mum said her labour with me was bad and they inserted a instrument in my head for some fluid or something (the medical records are lost so it was never explained), I stopped breathing inside my mum and my mum said they left me inside her too long to the point where I got brain damage they should of got me out through her stomach - that the doctor who was doing it was a trainee doctor on the day.

Hi Bongo,

Without knowing the full facts nobody on an internet forum can advise you on whether or not you have a strong case.

Could the instrument have been forceps or was it a venthouse extraction? Both methods involve baby's head and are designed to get baby out asap for the safety of both baby and mother.

You say that you stopped breathing inside your mother. It is impossible for a baby to breathe until after it's born. Whilst in the womb a baby relies totally on the umbilical cord for oxygen.

I don't know why you have the problems that you do, but it might be worth your while doing a little more research before you put solicitors onto the case which could end up being very costly for you.

Pink

ineed

Bongo567 wrote: »

I have CP and AS (diagnosed later) since birth. I was diagnosed with AS when I was 14 or 15 and the doctors deny they said I have CP even though I have a letter from the top consultant sending a letter to DLA to say "this boy clearly has CP" that's how I got it in the first place.

My mum said her labour with me was bad and they inserted a instrument in my head for some fluid or something (the medical records are lost so it was never explained), I stopped breathing inside my mum and my mum said they left me inside her too long to the point where I got brain damage they should of got me out through her stomach - that the doctor who was doing it was a trainee doctor on the day.

We started up a case with solicitor around 10-12 years ago, before I got diagnosed with Aspergers (new evidence?) - the reason we couldn't take the case to court was because the solicitors needed money to take it that far and since then we have had a ton of family problems.

I'd like to start the case up again if I can but I don't know what to do? do you think I have a strong case? I contacted a solicitors recently and they said it's just for kids fighting this type of thing..

Should I ask the DLA for a copy of the letter from the consultant will they still have that?

Thanks for any help I appreciate it.

Hi,

I don't know if you'd have a case here or not, but I think it might be difficult to get financial help with a case. DLA I've heard destroy documents sent to them after a certain period, how long ago did you send the letter to them? Even if they have it it might be difficult to get a copy (personally never heard of anyone requesting copies of evidence back once sent to DLA) and even if they do still have it and agree to send you a copy they might charge you for it.

nonnatus

Pink makes some very good points.

I suspect it was a difficult delivery (which is not unusual) and the doctors took a small sample of BLOOD from the top of baby's head to assess oxygen levels and determine how distressed the baby was at that point. In conjunction with other things, the blood reading (FBS - Fetal Blood Sample) gives the doctors a good idea of whether to continue with labour or proceed to a Caesarean.

I'm sorry you're still so angry OP.

Pitlanepiglet

How old are you? From memory the limitation period for a birth claim is time your 18th birthday plus 3 years.

Are you sure time your recollection of why your earlier claim was stopped is right? If you were a child you would usually have been entitled to Legal Aid? Might be worth checking the correspondence.

antrobus

Pitlanepiglet wrote: »

How old are you? From memory the limitation period for a birth claim is time your 18th birthday plus 3 years....

The 'Special time limit for actions in respect of personal injuries' is certainly three years - s11 Limitation Act 1980. Checking on Google shows a number of sources who confirm that for minors, the three year period runs from their 18th birthday.

kazzah60

I am assuming you are well over the age of 21 - otherwise the solicitors you instructed 10 years ago should have applied for legal aid to fund your case ( this is currently available free of charge to children )
the fact you state you discontinued the case due to lack of funds implies you were over 21 at that point.

There are certain extensions to the time limit- but these are usually around the fact that the claimant ( you) was not aware that there was a potential case - however you cannot argue this point because you have perviously instructed solicitors.

I think you will have to let this go unfortunately