Medical negligence

[Groundhog]

Hi ive had health problems most of my adult life and numerous abdominal surgeries. 5 years ago However I had a hysterectomy which created massive complications, I ended up with two stoma bags. Two years later they tried to repair but I had sepsis and respiratory failure, nearly died, I never even complained because my life fell apart and my health was ruined. I’d had the op in a private hospital ( I was in BUPA) and I had a good relationship with the surgeon which made things harder. I did take legal advice but couldn’t see it through as I was so damaged I was afraid of losing the surgeon. I’ve been left with a very serious complication called an enterocutaneous fistula which is permanent. It’s now too late to take legal action and that’s my question really, can the three year period you are allowed ever be extended . My worry is my health is getting worse and I’m not sure how I will cope as I get older , I can no longer work and am all but housebound , I’m 59.
thank you .

[des8]

sorry to hear of your problems.

It is sometimes possible to bring a late claim because the court decides it would be unfair not to allow it.
However each case turns on the specific details and you need to obtain professional advice immediately to ascertain if it is possible in your case

Good luck

[Groundhog]

sorry to hear of your problems.

It is sometimes possible to bring a late claim because the court decides it would be unfair not to allow it.
However each case turns on the specific details and you need to obtain professional advice immediately to ascertain if it is possible in your case

Good luck

Thank you. I think the problem is I did start looking into this but when it came to the solicitors wanting to contact the consultant for medical records I couldn’t go through with it. That may seem odd but I was traumatised and extremely depressed. The bowel injury caused by the surgery ( Enterocutaneous fistula) is rare and catastrophic So not many doctors do not want to get involved. The doctor who ‘caused’ this ( it’s a long story ) is top of his tree so he was the last person I wanted to challenge as I had no where else to go. So I left it. SInce the three years were up ( the limitation period ) he essentially discharged me probably knowing I can no longer pursue legal action. It’s very difficult as my life is ruined if I’m honest plus because his attempt to fix things actually made things worse and I had respiratory failure and nearly died, no one else will try to fix me now unless I’m dying anyway .

im told the fact I started legal action then didn’t see it through would mean the limitation rule couldn’t be extended . Just seems so unfair as my health is getting worse the longer this goes on . I didn’t think of legal action when it happened as he told me it would heal, it didn’t, then he could fix it, which he couldn’t . Infact I nearly died. I had a second opinion and they told me they would never have approached it in the way he had but now I’d be better of living with it as further surgery could kill me or mean I would be vein fed for the rest of my life. I only found that out a year ago and had hope the 3 years would start from then ( as that was a significant change ) but seemingly not.

thanks all

[des8]

I suspect that the advice you have received is correct, but you will not know for sure unless your legal team ask the court for permission to make a claim outside the limitation period.

However do be aware that clinical negligence claims are difficult & stressful to prove.

[Groundhog]

Thanks again. If I’m honest I don’t want to go down that road but I’m fed up of people saying I should have sued. When I’m going through a bad patch and worrying about my future, then I thunk life would be a lot easier if was financially secure . That said I know it’s very hard to prove. It seems Unfair as surgery can and does go wrong without the surgeon necessarily being negligent, doesn’t change the fact harm has been caused. In my case quite catastrophic and permanent harm.
thank you again, good advice given.
il give it some more thought