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"Duty of care." Tick.
"Breach of duty" Tick.
"Causation." Tick.
I had to speak to my old school mate first about this who is a Senior partner of a large inner city group practice and he said forget about any moral issues you may have, go for it with as much venom as you can possibly muster. Which for me is considerable. Even the ambulance man this morning was asking me about "my case."
Anyone got anything to contribute?
"Breach of duty" Tick.
"Causation." Tick.
I had to speak to my old school mate first about this who is a Senior partner of a large inner city group practice and he said forget about any moral issues you may have, go for it with as much venom as you can possibly muster. Which for me is considerable. Even the ambulance man this morning was asking me about "my case."
Anyone got anything to contribute?
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some years ago there was a case at the Old Bailey which caught my attention ...
It probably involved Fallon. As I was interested in attending I found the Old Bailey website ....... there were lots of cases where Bromley Health Authority were being sued. Feel free to get in touch ... I will support you to the hilt. |
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... though I'm afraid my experience is of the not suing variety I wish I had.
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can we know the details of the case?
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Without going into too many details some of you know my Mum has been very ill. She went in for a routine endoscopy as a day patient in the Summer which resulted in a perforated bowel. In the following 12 weeks she was in intensive care, 4 of those weeks in a coma and basically she will never see her grandchildren grow up as a result of what happened. I'd rather not elaborate too much other than that but you get the basic gist.
I had moral issues about proceeding originally but my GP mate said fk that, what you need is closure and for accountability to be seen to be done. I'm not poor but not massively loaded either and it's not for the money and anything that I get will be shared among her grandchildren. |
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appreciate you elaborating. hope you get the result you're looking for.
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My ideal result would have been from that initial check up is that it would never have happened in the first place. The rest of it I wouldn't wish upon my worst enemy.
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FFS, Slippy, didn't know about that, my Mum's going to have a camera going in from other end soon, maybe less chance of the mal-practice done to your Mum.
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Can't you have no win , no fee barister?
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It was a 10,000/1 shot The Leopard, your Mum will be fine I'm sure. Emphasise that they have "a duty of care" when she is admitted, it's very important that you do that beforehand.
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try private care, I wouldn't let my mum in an nhs hospital, they are a soulless monstrosity operated by overworked zombies
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Legal fees is not an issue, they have no case to answer anyway. I just want my Mum to be well again.
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It was the private wing of King's College Hospital that destroyed her, 6 grand it cost. Don't think for a moment you will get better treatment going private, you just seen quicker by the same people who make the same fk ups. Believe me I know..
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Excellent advice, Boxing.
Good luck in your mission, Slippy. There are too many shysters in the medical profession these days. They must be hounded out. In the last 20 years or so things have changed so much. You really can't trust any of them at all these days. Which is a shocking state of affairs. |
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It may be worth, researching whether you can sue under common law, which neither recognizes uniform or badge but is concerned with individual responsibility. In which case you can bring them before a "Master" in the highest common law court in the land, the Queens bench at the high courts of justice. This court is not interested in Acts Statutes etc, etc, they get right to the heart of the matter, I E, you mothers sovereign rights where not observed by a particular individual or individual's
I'm no expert, slippy, but I faced Fiona Shackleton (now Baroness)in the High courts of justice in my divorce case, she represented Charles against Diana, she is the best divorce barrister in the land, it was of course no contest. if you proceed you do not need right on your side, just the best brief you can get. |
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Hi Tommy, A vey good evening to you.
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Same to you Boxing.
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There' an rrrrrrrrr missing
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No worries, Boxing - I'm a pirate, so have plenty of '(a)rrrrs' going!
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I have been through this before with Dad fighting a mesothelioma case fox and know what complete and utter filth I'll have to deal with. I've got very broad shoulders and am in for a very long haul, I know that mate. A first class brief will be instructed. I won't be dismayed at what others will do, I've been around the block far too often for that. Expect the very worst you could possibly imagine. I'm ready..
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cribbed from bigmos fred .....pirates are ruining the music industry....have you tried playing guitar with a hook.
I'll get me eye patch |
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Thanks chaps, you know that I just say what is happening in my world and posts like boxingthefox just made helps.
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Good luck Slippy, PM me if you want to talk, you can have my contact details no bother, I'm no expert but I do have a little experience.
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Night all.
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GN Slippy.
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Goodnight Slippy - and good luck.
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morning slippy, my missus is pursuing a case ( via union from work ) , took 3 visits to doctor before she was sent to a physio, physio wasn't happy and wanted xrays- transpired she had 2 broken elbows that 3 respective gps didn't pick on ( or didn't even send for xrays !!! )
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How are your ribs now, mate?
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"Forget about any moral issues you may have".
That is the basic philosophy of all lawyers, vile creatures. |
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Slippy- I am saddened to read this thread.
I believe that on the paperwork for colonoscopy and endoscopy there are various disclaimers and warnings that there is a possibility, however small, of perforation. I believe that repairs of perforations are usually routine. For you to have a case against the NHS and the surgeon you must prove negligence. If you are considering this action, consider going to a firm of solicitors specialising in medical negligence, hopefully on a no win no fee basis. They will soon be able to tell you if you have a case or not, because firms that act on no win no fee basis don't take on cases unless they are almost certain to win. I genuinely hope this posting has been helpful and send my best wishes to you and you mum. |
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Slippy, sad to hear whats happened,the circumstances must be heartbreaking .If you sue the NHS ,assuming you win,the level of damages will be decided principally on whether or not you or other family members are you mums dependants,ie does she provide for family members financially.Im sad to say your mums life will be valued extremely callously if she has no dependants.
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WTF happened to my first post, I obviously hit the bullseye.
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What did it say....we have all forgotten?
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Sadly so have I, but I'm confident that Slippy won't have because of the importance attached to his endeavors.
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boxingthefox
30 Dec 14 11:42 WTF happened to my first post, I obviously hit the bullseye. The bigger question is who would report if for moderators to remove it? |
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although personally I don't like them I think you may be best approaching a NWNF firm Slippy, I used a small local firm for my claim and even their bill was £74k and should you lose you would have to pick up the tab for the other side. You need to get you other brothers to agree and shoulder some of the burden, from my experience you'll be getting called in to speak to someone on quite a regular basis. I'm not sure if this would apply to your mum but I had to go and see 3 different consultants, maybe not so bad for you because you live in London and I presume they would be quite close, but obviously you would have to consider if your mum was up to it. I ended up getting dragged all over the bleeding country because of living in the sticks. Finally there is the time scale, from start to settlement mine took just under 5 years so prepare for a long haul these people don't move fast. I believe that you have to start proceedings within 3 years of the date you believe the negligence was caused so you have time to weigh it up properly.
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my wife started haemorrhaging pretty bad 6 weeks after our last child ( found her passed out), she went back to hospital, after 24 hrs the doctor on shift was going to discharge her as he said nothing was wrong, then there was a shift change, new doctor looked and said were going to have to take you to theatre immediately, the midwife had left the placenta inside of her.
I wonder if we have a case......? reading other similar stories she could have died.. |
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Mr 22- you definitely have a case! If you decide to go ahead- consider going to a medical specialist solicitor no win no fee. ASs I have saiod previously, they will only go ahead if they are almost certain you will win.
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Sorry to hear about your mum slippy. My advice is similar to slicer's. Hospitals do have a duty of care. You've got no problem there and from what you've said causation doesn't seem to be a issue. Without knowing the full in's and outs I'd suggest that in law the issue which may cause you trouble is the issue of breach of duty. In a nutshell the common law rule was that the surgeon would have had to have performed the procedure in a way which fell below the standards of the ordinary competent surgeon. Whether that is the case here and whether you ca get someone of similar competence or idneed the hospital to admit that this was the case is a key issue.
Be prepared for the long haul as someone else previously said. |
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And again as slicer says don't assume all solicitor's firms are equalyl competent. At the very least ask around and find one which does specialise in medical negligence cases and enquire about no win no fee.
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