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Medical negligence claim goes wrong

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  • Medical negligence claim goes wrong

    I am under the impression I have had to wait five years over a medical negligence claim to be told I had a 50% risk of winning and loosing my claim when looking at the accident and emergency hospital admission records
    the argument whether I had a partial or complete damaged spinal cord if I had a partial I would be claiming 1.1 million if it was a complete I would be claiming five thousand for unecessary surgery.
    My question is would a solicitor take on this case knowing that there was a 50% risk based on the a and e record would string out this claim just to benefit from the work and make sure I accept any offer so that their fees get covered.

    I was using no win no fee arrangement
    with a insurance protection.

    looks to me I was robbed
    Tags: None

  • #2
    Re: Medical negligence claim goes wrong

    Originally posted by phpnukes View Post
    I am under the impression I have had to wait five years over a medical negligence claim to be told I had a 50% risk of winning and loosing my claim when looking at the accident and emergency hospital admission records
    the argument whether I had a partial or complete damaged spinal cord if I had a partial I would be claiming 1.1 million if it was a complete I would be claiming five thousand for unecessary surgery.
    My question is would a solicitor take on this case knowing that there was a 50% risk based on the a and e record would string out this claim just to benefit from the work and make sure I accept any offer so that their fees get covered.

    I was using no win no fee arrangement
    with a insurance protection.

    looks to me I was robbed
    Such claims for medical negligence are complicated in the extreme it is in my opinion
    something requiring in depth considerations that I for one would not like to post an
    opinion regarding how an experienced Specialist law firm would view your case.
    No doubt there is a long and complicated history to your feeling that you were "robbed".

    nem


    Good evening,

    Comment


    • #3
      Re: Medical negligence claim goes wrong

      Originally posted by phpnukes View Post
      I am under the impression I have had to wait five years over a medical negligence claim to be told I had a 50% risk of winning and loosing my claim when looking at the accident and emergency hospital admission records
      the argument whether I had a partial or complete damaged spinal cord if I had a partial I would be claiming 1.1 million if it was a complete I would be claiming five thousand for unecessary surgery.
      My question is would a solicitor take on this case knowing that there was a 50% risk based on the a and e record would string out this claim just to benefit from the work and make sure I accept any offer so that their fees get covered.

      I was using no win no fee arrangement
      with a insurance protection.

      looks to me I was robbed
      If there was a claim you should have been told from the start. You would have had a claim if your injury was linked to the relevant person's breach of their duty of care. I do not know your circumstances apart from there was at least some damage to your spinal cord. You should have went to a specialist firm. What was the accident in particular? Why was there only a 1 in 2 chance.

      Comment


      • #4
        Re: Medical negligence claim goes wrong

        Defendants offered two hundred and fifty thousand plus my legal costs in the region of one hundred thousand while the defendants only wanted to offer five thousand, for a unecessary surgery. There was a 50% risk for them having to pay out 1.1 million therefore they trumped up a figure of 350 thousand. The real issue I felt my specialist legal knew from the beginning they would get paid (one hundred grand ) as long as it did not go to court. Just processing this case was to their advantage. I have herd only the legal team are the main beneficiary from litergation.
        In the end my case was based on having bladder incontinence and retention than operating on the wrong disc and delays in preventing emergency surgery. I rang for an ambulance who refused to attend unless my GP authorised. I had to crawl from my bed to a stair lift. Finally seven days later I received a second operation because they operated on the wrong disc. They lied and claimed there were disc fragments left after the first operation when they had operated on the wrong disc.
        the operation should have been performed within 4 to 6 hours after arriving at A&E sadly to their favor incontinence meant the damage was complete, even when I was catheterused 400ml as a prevention. Therefore the NHS are claiming the damage was complete before they had assessed me all the errors they had made was irreverent to my case.

        Im trying to establish if my solicitors were chasing their fees rather than my case. They got scared and piled on the pressure for me to accept the 36 offer. Accept the offer or walk away with nothing. I would on principle want to take it to court even I was scared.

        Comment


        • #5
          Re: Medical negligence claim goes wrong

          Originally posted by phpnukes View Post
          Defendants offered two hundred and fifty thousand plus my legal costs in the region of one hundred thousand while the defendants only wanted to offer five thousand, for a unecessary surgery. There was a 50% risk for them having to pay out 1.1 million therefore they trumped up a figure of 350 thousand. The real issue I felt my specialist legal knew from the beginning they would get paid (one hundred grand ) as long as it did not go to court. Just processing this case was to their advantage. I have herd only the legal team are the main beneficiary from litergation.

          In the end my case was based on having bladder incontinence and retention than operating on the wrong disc and delays in preventing emergency surgery. I rang for an ambulance who refused to attend unless my GP authorised. I had to crawl from my bed to a stair lift. Finally seven days later I received a second operation because they operated on the wrong disc. They lied and claimed there were disc fragments left after the first operation when they had operated on the wrong disc.
          the operation should have been performed within 4 to 6 hours after arriving at A&E sadly to their favor incontinence meant the damage was complete, even when I was catheterused 400ml as a prevention. Therefore the NHS are claiming the damage was complete before they had assessed me all the errors they had made was irreverent to my case.

          Im trying to establish if my solicitors were chasing their fees rather than my case. They got scared and piled on the pressure for me to accept the 36 offer. Accept the offer or walk away with nothing. I would on principle want to take it to court even I was scared.
          Thanks for providing these details. Before we get to the lawyer being paid. What do you mean by what I have underlined?

          Comment

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