Re: Medical negligence claim?
Re: Medical negligence claim?
Source: http://newsgroups.derkeiler.com/Archive/Uk/uk.legal/2006−03/msg08921.html
• From: "The Todal" • Date: Thu, 30 Mar 2006 16:56:43 +0100
"tarquinlinbin" wrote in message news:qqtn22hq3op0tdk5jqt10ojnhhqdmq61da@xxxxxxxxxx Hello, I have a couple of friends ( an elderely couple). They are both very fit and active both physically and mentally for their ages (mid sixties). A number of years ago (less than 10) the female was advised that she should have a hip replacement as she had been suffering a great deal of pain for some time. The operation took place in an NHS hospital and it was later discovered that the greater part of the operation was carried out by a "trainee surgeon" supposedly under the supervision of a more learned colleague. Now the precise status of the "trainee" is unkonwn but there is a suggestion that he was entrusted with the operation and the supervising colleage left theatre for some time. After surgery it was apparent that the joint had been installed incorrectly such that when the patient stood up straight,the affected leg was not correctly aligned and so it caused her foot to point outward at the toe rather than straight ahead. This obviously affeected the whole geometry of the joint and the walking process however the job had been done and it wasnt thought possible to redo it as the cement sets very quickly. As a result of this she has suffered further difficulties over the years and has recently been advised that they may now have to repeat the operation and put another new joint in. Secondary replacement operations are known to be more complex and she has been warned that if unsuccessful,she may be disabled and have to use a wheelchair. Now my thinking is; a) the original op was not done with due care and attention and that as a result of this,her walking/quality of life has been impaired and b) Becuase of the geometric mismatch/misalignment,there could have been additional strain/accelerated wear leading to the need to advise secondary replacement.It may be that a repeat op would not have been necessary had the first one been done correctly Is there a limited time in which to make a claim for the poorly done Re: Medical negligence claim? 1
Re: Medical negligence claim? first op?
The time limit is 3 years from her "date of knowledge" and the date of knowledge is when she knows that there has been a mistake and that she has suffered loss. So she might not have known for a few years that the alignment of her hip was wrong, or she might have known it yet assumed that it was normal after a hip operation. And she might have decided she could live with it until she gradually realised that it was causing continuing discomfort and that a revision operation would be necessary. Even if she has passed the 3 year deadline, the court has power to extend the deadline and I believe it would probably do so in these circumstances, based on the balance of prejudice. She needs to consult a good firm of clinical negligence solicitors and to do so as soon as possible. They will almost certainly give her a free consultation but she should check beforehand. Suitable firms include http://www.irwinmitchell.com/ http://www.bindmans.com/ http://www.leighday.co.uk/
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Re: Medical negligence claim?
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