contaminated blood

I believe my mother was affected by contaminated blood.
Were do I go from here.
There seem to be plenty of solicitors on line offering there services, is that the right way.
“Everything comes to pass, nothing comes to stay.”
«1

Comments

  • Toothsmith
    Toothsmith Posts: 10,074 Forumite
    First Post Name Dropper First Anniversary
    Are we talking about the blood 'issues' of the 70s & 80s which affected loads of people - in which case joining in that big action might be the best way, or something more individual and recent?

    The biggest winners are always the lawyers whatever!
    How to find a dentist.
    1. Get recommendations from friends/family/neighbours/etc.
    2. Once you have a short-list, VISIT the practices - dont just phone. Go on the pretext of getting a Practice Leaflet.
    3. Assess the helpfulness of the staff and the level of the facilities.
    4. Only book initial appointment when you find a place you are happy with.
  • Whatever you choose to do, you need to be aware of the urgent time limits to make your mind up, because the statute of limitations for public law is just three months. That means if it is the NHS rather than a private provider you are suing you have three months from the time the incident happened (or the time you became aware of it) to start proceedings. Ignorance of this time limit is not deemed to be sufficient excuse to waive it, even if you have been badly advised.

    If you choose to complain via the NHS and Ombudsman you should be aware that they will spin it out until this time limit expires.

    http://www.publiclawproject.org.uk/data/resources/4/PLP_Short_Guide-1_1305.pdf
    http://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
    Combo Breaker First Post
    edited 3 October 2017 at 2:08PM
    jack_pott wrote: »
    Whatever you choose to do, you need to be aware of the urgent time limits to make your mind up, because the statute of limitations for public law is just three months. That means if it is the NHS rather than a private provider you are suing you have three months from the time the incident happened (or the time you became aware of it) to start proceedings. Ignorance of this time limit is not deemed to be sufficient excuse to waive it, even if you have been badly advised.

    If you choose to complain via the NHS and Ombudsman you should be aware that they will spin it out until this time limit expires.

    http://www.publiclawproject.org.uk/data/resources/4/PLP_Short_Guide-1_1305.pdf
    http://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf

    Rubbish. The time limit for clinical negligence (including the NHS) is three years from when you became aware of the negligence (s. 11 Limitations Act 1980).

    The three months you refer to relates to judicial review, which is irrelevant to this case.

    (Looking at the group action, the applicants have been given permission to begin proceedings, so the time bar is not an issue.)
  • Rubbish. The time limit for clinical negligence (including the NHS) is three years from when you became aware of the negligence (s. 11 Limitations Act 1980).

    The three months you refer to relates to judicial review, which is irrelevant to this case.

    What happens if the Ombudsman spins things out for more than three years?
  • Ordep
    Ordep Posts: 86 Forumite
    Thank you for your responses

    My mother past away in 1991 in west middx hospital, of hepatitis? .
    I remember asking the doctor at the time what strain of hepatitis it was.
    He was very vague, and said there were many types
    “Everything comes to pass, nothing comes to stay.”
  • brook2jack
    brook2jack Posts: 4,563 Forumite
    What do you want to achieve from your enquiries? This may affect how to best approach this problem.

    The other thing is as your mum died 26 years ago many of the records from that time may well have been destroyed.

    In the late 80s early 90s only three types of infectious hepatitis were identified
    Hep A eg tummy bug hepatitis

    Hep B

    Non A , non B hepatitis e.g. Everything that didn't fit into the above brackets.

    As time went on many more types of infectious hepatitis have been identified A B C D E

    Of course there are other causes of hepatitis e.g. Those caused by autoimmune disease, medications, drugs, alcohol

    The death certificate is a good place to start as to cause of death but hepatitis as a description just means liver inflammation and there can be many causes for that.
  • keithdc
    keithdc Posts: 459 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    Ordep wrote: »
    Thank you for your responses

    My mother past away in 1991 in west middx hospital, of hepatitis? .
    I remember asking the doctor at the time what strain of hepatitis it was.
    He was very vague, and said there were many types

    Many ways to contract hepatitis.
    Did she have many transfusions? For what purpose?

    If your mother died in 1991, there is a very high likelihood her medical records have been destroyed.
  • brook2jack
    brook2jack Posts: 4,563 Forumite
    Hep c was first identified in 1989 and immunological tests were developed in 1990 , so 1991 would have been in the early days of hep c diagnosis.

    I only threw out my virology textbooks out from the late 80s a few weeks ago so the timelines are fairly fresh, it's amazing how knowledge has marched on and underscores why CPD is so important.
  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
    Combo Breaker First Post
    jack_pott wrote: »
    What happens if the Ombudsman spins things out for more than three years?

    You issue a claim irrespective. Do you have anything useful to offer the OP?

    OP, the solicitors dealing with the group action are Collins Law. My feeling is that your claim would fail the causation test, but you should contact them for further advice.
  • Do you have anything useful to offer the OP?

    I was asking for myself, because my complaint is already into the third year. I was under the impression that you have to pursue one avenue to the end before you're allowed to start another.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards