Negligence

Silversmith67

HELP 
breif story 
Gaulbladder problem Oct 2019 in patient 
Nov 2019 on waiting list then moved off list 
Put on day case list told because of comorbities not suitable for day surgery 
Shouldn't of been put on list 
So removed 
They didnt put me back on any list found out this when I enquired so complained to pals in  early 2021 
Got an apology letter from head consultant told i was on a list again 
I had been displayed mostly bed bound since 2019 due to flare ups pain 
In jan 2022 started phoning consultants secretary begging for my operation April may 2022 called in 2 x to be cancelled 
June 25 2022 operation took place 
I eneded up in hospital 8 days 😪 what was supposed to be key hole ended up as fully open surgery.
 waiting over 3 years had damaged my stomach and bowel.
I was told the next day the poision from my multipule gaulbladder flare ups had leaked caused large amount of scar tissue within stomach  hence had to have open surgery and the poision had eaten into my bowel and there was a repair to a hole during the surgery 
The consultant who visited me in intensive care 
Said he wasnt in my surgery but was told to come in and look as it was so bad . He said good job they got it out it was very dangerous ?
I didn't push on this as I was very medicated in intensive care .
Since surgery I continue to have awful pain if I eat hard food su h as meat or bulky food such as bread 
I have to stick to soft foods 
Because of pain I have seen consultants one said because scar tissue and fistula I wouldn't survive another abdominal investigation 
Another baratric surgeon says he's willing to go in take a look its risky but he might be able to see cause of pain 😢 
However he said high likely hood could cause more scare tissue and the pains become worse .
So I am stuck in pain cant eat normal meals and with awful fatigue and depression I can't function well and everything e haunts me I'm just existing in bed mostly .
So after baratric consultant said so much damage not feasible to go in look at internal potential causes of pain
. I realised my life has been limited and I am coming to the reality of what's happened and my future .
Because it started in 2019 and operation June 25 2022.  I have bern told by 3 solicitors no win no fee they wouldn't take case on because of time constraints . Only have 3 years thats elapsed if I took it from start 2019 
And if I took it from the day consultant told me the damage had occurred thats 3 years in 2 months not enough time .
Infact I've been so ill physically mentally from this havent had energy 
I realy realised the full extent of this on my future when baratric consultant said going in to look probably make it worse and there's nothing else can be done .It hit me this is me now the pain the soft food the fatigue the depression 🫥 
I want to get them to see how their decisions lead to this 
Am I done because of the three year rule 
I have written to pals but heard nothing back yet 
I know they are not legal but maybe they can get across how life changing this is to those who left me to wait 
Any advice be very greatful 
Thank you Diane 

Aylesbury_Duck

If three solicitors have declined to take on your case I can't see where else you can turn.

As I understand it, the clock on the three years starts from the point you become aware of the negligence.  By your account, your operation was on 25th June 2022 and it was shortly afterwards that you became aware of the consequence of the delayed operation.  That was less than three years ago.  Are you sure you gave the solicitors the correct dates?

Flugelhorn

The three year limit is from the time at which you became aware of the problem - wasn't that June 2022?

user1977

Even if still within 3 years, solicitors may be wary about getting involved very shortly before the deadline for raising court action.

DullGreyGuy

The law of limitations for negligence is 3 years from the date of knowing which is the earlier of 1) the date you did know there had been negligence or 2) the date that a reasonable person would have been able to know (ie you can't turn a blind eye to something and then claim you knew about it later). 

The limitation is the date by which the court papers must be filed however no solicitor is going to take on a case today, issue tomorrow and only then start gathering evidence or assessing your case. The problem is the latest possible date of knowing is Jun 2022 meaning there are only circa 2 months before they'd need to issue and it may be argued that the date of knowing would have been earlier. 

What medical evidence do you have? In the form of properly written reports using medical terminology (rather than "poison") and opining on if the outcome would have been different had the surgery been completed earlier? Or the long term prognosis?

NWNF solicitors buy ATE insurance, how much they have to pay for their ATE is dependent on their success rate. Therefore to take on a risky case not only risks them not being paid for their efforts but also their insurance going up on future cases. 

Your options are really one of two things, either keep trying NWNF solicitors, someone may be more willing to take a punt than others. Otherwise, if you can afford it, appoint a solicitor with you paying for their time as solicitors are less picky when they are getting paid. Obviously if you pay and win your reasonable costs will be recoverable (especially if you say your impact is as bad and long as you say) but you risk paying both them and the third party's costs if you lose. 

Okell

@Silversmith67 -  I suggest you try posting on Personal Injury - LegalBeagles Forum

sheramber

Who would you sue when the cause  of the damage is the length of the waiting lists? 

DullGreyGuy

sheramber said:

Who would you sue when the cause  of the damage is the length of the waiting lists? 

Its normally the local NHS trust that covers the hospital involved

pinkshoes

If 3 no win no fee solicitors are refusing to take it on then it might not be a case worth pursuing. 

So Nov 2019 they put you ON the list. When did they take you off?

Then early 2021 you complained to Pals?

So that's perhaps 10 to 12 months delay. But... did they not put you back on the waiting list as if you'd been on it since Nov 2019??

Did the delay actually have any impact on your case? Or is the issue purely down to the waiting list to have such an operation done?

Unfortunately the NHS is very stretched so lots of procedures have long waiting lists. 

Are you able to prove that damage was caused due to waiting, rather than needing the procedure due to the damage already being there?

Medical negligence cases can be very complicated. 

I'd personally be focusing on anything that can be done to improve your quality of life. 

SiliconChip

Funnily enough I was hospitalised with gallstone problems in October 2019 and was put on the list in November. I was initially scheduled to have a laparoscopic cholecystectomy on 20th March 2020, but as we all know hospitals were starting to become swamped with Covid cases then and they cancelled all elective surgery, including mine. 

I was lucky that my local trust designated a whole hospital for non-Covid treatment and I was able to successfully have my op in July 2020, but in other trusts Covid restrictions might well have prevented scheduling of non-urgent surgery for a lot longer, so perhaps 2022 is not an unreasonable delay (although I have to say if I'd had recurrences of the pain I suffered from gallstones there's no way I'd have waited as long as the OP did)

Okell

DullGreyGuy said:

sheramber said:

Who would you sue when the cause  of the damage is the length of the waiting lists? 

Its normally the local NHS trust that covers the hospital involved

I think you may have missed the point that @sheramber was trying to make...