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Clinical negligence and limitation act

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  • Clinical negligence and limitation act

    Hi 6 years ago I had catastrophic surgical complications, a hysterectomy resulted in a perforated bowel and a fistula. My life fell apart and I couldnít eat or drink for months . They said it could be fixed after 2 years had elapsed and in 2017 a fix was attempted, it also failed and I nearly died ending up in ICU with respiratory failure,
    In 2018 I looked into a clinical negligence claim but I was seriously depressed and diagnosed with PTSD, I couldnít proceed with the litigation as I couldnít cope with it all. A long awaited second opinion told me I could never be fixed as it was too dangerous and I woild have to live with the fistula and other health conditions caused. When I tried again to pursue litigation I was told I was out of time owing to limitation,
    my health is getting worse and Iíve now developed other probkems because of the infection and inflammation caused by the fistula. It feels like a slow death sentence yet it seems the litigation door is firmly closed and I wondered if there is any discretion here, I have 3 stoma bags and worry about growing old without appropriate care.
    can anyone advise please .
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  • #2
    You might try discussing this with AVMA (action for victims of medical accidents). I'm not a solicitor but also a victim of medical negligence and my understanding is three years from the date of knowledge.


    • #3
      I just want to ask if you got anywhere with this?


      • #4
        Sorry for late reply, my health isnít great and Iíve had more stress in my life than I can deal with.
        i got nowhere. The fact is once you are out of time itís very difficult to get anyone to take any interest, itís now 7 years since that fateful surgery, I cont8nue to have serious problems , two stoma bags and a host of other related problems. My consultant told me Iíd heal but by my own research this rare complication ( enterocutaneous fostula) cannot heal, itís physiologically impossible, I was never told this always told it would heal or it could be fixed. I contacted the private hospital to see if they could provide any help or support ( I had to pay for counselling) and they said no, they do not make provisions for these rare adverse outcomes as itís not their responsibility, they do not employ the surgeons just provide the facilities.
        so all in all a complete nightmare and nowhere to go with it.
        AvMA just recommended legal action which is too late, 3 years limitation act applies. There really is nowhere to go.
        thank you for asking


        • #5
          I am so sorry for you.
          The advice you have been given is correct. The period is three years. That time is extensible in certain limited circumstances, none of which obviously apply in your case.


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