Viewing 38 posts - 1 through 38 (of 38 total)
  • How to sue the NHS?
  • chris0147
    Free Member

    Hi guys,

    I need your help. I am having a difficult time to seek for solictiors in my local as many of them have declined to take my case on a legal aid due to over 3 years limitation. I’m still trying to sue the hospital for taking responsibility for caused my father’s death by leaving the missing needle inside his body during his heart surgery bypass. They had left him trouble with his breathing after the surgery when they transferred him to high dependency unit which they was supposed to transfer him to intensive care unit, but they left it 3 days later. He kept being ill and getting better which it had occured 3 times already. His face went grey and they should have transfer him to the theatre surgery straight away but they didn’t. They had put the room on his own where it was really dirty and filthy. He caught the MRSA infections and c.difficult. He had sepsis and pneumonia, they was not be able to keep up with him and they had gave up on him. They had switched off his life support machine to allowed him to die in peace without our permission when we was outside in the waiting room and we was not being allowed to be in the room with him.

    They was being negligent to give him poor care and treatment when they did not acting quickly enough to save him. I can’t be able to get legal action against them, because the hospital postponded their response to preventing us taking legal action. I have tried to find my local solicitors everywhere after the incident, but none of them want to take it due to three years limitation when I was under the limitation.

    I wrote a letter to my local MP to get support with solicitors. I received a letter from my MP as he said that I should try to get advice through my local citizens advice bureau which I already did it. I responded his letter and i said that i have already done it when my local citizens advice bureau adviced me what to do to seek for solicitors. I got his responded and he said that he was not aware about the time limitation, so he said that he cannot help. I am very upset, angry and frustrated the way we have been treated. I don’t really know what I am suppose to do.

    Can you please advice me what I would need to do to get advice with solicitors or if I need to see a lawyer on a legal aid?
    If it is not possible, do I need to write a letter to british medical association to get legal advice or what other way I need to do?

    Any advice would be much appreciated.

    Thanks in advance

    iamsporticus
    Free Member

    Sorry to hear about the (alleged) negligence your father suffered

    Bit of an odd first post on a bike forum though!

    andypandy85
    Free Member

    ^ What he said…

    project
    Free Member

    Try a few more solicitors, on a no win no fee basis, as your father has died, it is now up to your family to take on the case ,also why wait 3 years plus to try and get some recompence.

    Also have a look at the nhs litigation website.

    Dirty rooms ,cdiff and mrsa are poor excuses for even poorer management.

    cinnamon_girl
    Full Member

    The NHS believes it is answerable to nobody. Have you written a formal letter of complaint to the hospital/PALS?

    notmyrealname
    Free Member

    I am very upset, angry and frustrated the way we have been treated

    And how would suing the NHS help?

    chris0147
    Free Member

    @project: Thank you for your advice, do you know where i can find a no win no fee solicitors? is it too late to get a claim over 3 years? is that site i should use to find the solicitors? do i have to pay to see him?

    And do you know if nhs litigation will be able to help me to take legal action?

    Liftman
    Full Member

    Cracking first post on a bike forum, very topical 🙄

    BoardinBob
    Full Member

    Amazing new spam tactic

    deadlydarcy
    Free Member

    I’m predicting a posting/recommendation by/for a no-win-no-fee solicitor soon.

    EDIT: and as if by magic, as I was typing.

    cynic-al
    Free Member

    How can you get past limitation?

    If you had reasonable prospects of doing so, a solicitor should take you on.

    seba560
    Free Member

    On a slight tangent WebMD are recommending Conti Vert Pros as the rubber of choice for 2013 and lawyers4u. aren’t convinced with the benfits of 29ers 🙂

    IanMunro
    Free Member

    First off I’m sorry for the loss of your father.
    My knowledge of the law is pretty minimal, what would you actually be suing for?
    I.e Given that it was your father who was poorly treated, what damages would *you* be claiming for as effectively a 3rd party?

    cinnamon_girl
    Full Member

    I doubt whether you’ll get anywhere by trying to sue. You need to rattle cages so that means gaining information/evidence.

    Check out the PALS website for procedures, if you have to use the FOI Act and the ICO then do so.

    chris0147
    Free Member

    @cynic-al: i dont know how i can get past the limitation.

    @project: do i need to contact the nhs litigation or action against medical accidents to get legal advice?

    @cinnamon_girl: do you know what i need to do and who i should contact to get legal advice?

    cinnamon_girl
    Full Member

    You’ll need to start here and you’ll need the constitution of an ox to follow it through:

    http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/NHScomplaints.aspx

    I think firstly though you need to ask yourself what are trying to gain by doing this and are you prepared to be ignored/pushed from pillar to post etc etc.

    project
    Free Member

    Chris your first stop should be a solicitor, approach them with a shrtened, coorec spelling diary of what happened and what you want thenm to achieve for you and other patients of the NHS.

    But beware its a long drawn out process, and costly, even if you do win, the solicitor will get a sizeable chunk of cash as well.

    Best wishes.

    MS
    Free Member

    Sorry for your loss.

    However this country is turning it like the states. Sue for everything and makes 99% of peoples jobs an actual nightmare as they are continually scared of this said topic.

    I know you have went through a bad time, but in my eyes (may be different if I was you) you should be trying to point out to the hospital what went wrong and what new measures were going to be put in place to stop it happening again. Suing not only costs a lot of money for the NHS, which is cash strapped as it is, but also wont bring your father back.

    Make a complaint, escalate it as high as you want, but suing wont help anyone bar yourself.

    cynic-al
    Free Member

    Clever spam.

    Worth a report…to the law society.

    bencooper
    Free Member

    If it was me, I wouldn’t ask a bunch of cyclists, I’d ask someone expert in consumer action or the law:

    http://www.consumeractiongroup.co.uk/forum/showthread.php?381588-How-to-sue-the-NHS

    http://www.thelawforum.co.uk/how-sue-nhs-over-3-years

    mr_mills
    Free Member

    Has anyone else googled “chris0147” yet? Various forum entries relating to scamming, bannings etc.

    Can’t believe people reply to threads like this. Mods should be deleting before anyone gets chance to fall for them.

    project
    Free Member

    Sometimes we have t trust people being honest and trustworthy,/

    Googles mr mills, just to make sure.

    mr_mills
    Free Member

    😀

    bencooper
    Free Member

    I don’t trust anyone – that’s why I just googled myself.

    mr_mills
    Free Member

    I just googled myself too. There are thousands of mr millses and I don’t trust any of them.

    Northwind
    Full Member

    bencooper – Member

    If it was me, I wouldn’t ask a bunch of cyclists

    seems he’s already asked the rest of the internet.

    bencooper
    Free Member

    Though there is a small sense of satisfaction in googling your name and coming first in the results.

    Unless your name is Aristotle Hemingthwaite.

    mr_mills
    Free Member

    I also just googled “how to sue the NHS”. We’re not quite top of the results yet but I’m sure it won’t be long.

    chris0147
    Free Member

    @project: do you know what website i can find the solicitors? i tried all solicitors under a legal aid and they are only take it within 3 years after the incident so i am over the time.

    Junkyard
    Free Member

    yes you can pay a solicitor to take the case to court safe in the knowledge that you are out of time and therefore cannot win because it is too late to do anything about it

    I am not sure how many legal trained people need to tell you this before you realise that this is the case and that you cannot actually do anything

    Given a quick google I am not sure how many internet sites you need to ask this on either before you relaise the answer is still the same

    Not convinced this is genuine but if it is sorry for your loss but you are still out of time so cannot do anything beyond complaining in a non legal sense.

    @ bencopper unless you work for the BBC you are not first for me

    bencooper
    Free Member

    Interesting – does Google tweak the search results depending on who’s searching? I tried logging out and it still works.

    MrSmith
    Free Member

    A sad end to your fathers life that should have been handled differently by the NHS but I have to ask why it has taken 3 years to do something about it?

    bol
    Full Member

    Sounds like what you need is some therapy to get over the sad loss of your father. Obviously you wouldn’t want to go and use the negligent old NHS though.

    FunkyDunc
    Free Member

    All very very odd.

    thejesmonddingo
    Full Member

    Your fathers case should have been discussed with the coroner,as an unexpected death,post surgery,if there was an inquest,what was the outcome ? If not,then the coroner felt that there were no suspicious circumstances,such as negligence,and you will find it difficult to proceed.

    chris0147
    Free Member

    @mr smith: I have tried everything to get it forward, but the hospital postponded their response when we made a formal complaint to the health ombudsman and we found out in the medical record that the needle was reported as missing during the surgery. It take me 2 years to get the evidence and i went to my local solicitors, but they said it is very difficult and i should seek a lawyer. I am not sure what to do and i am not sure if i have to pay for a lawyer and if he\she would be able to help me to take legal action against the nhs?

    Merlinman
    Full Member

    Right – in view of the several reports we’ve had and in the light of information derived from search engines, this thread is going to be locked.

    We’ve asked the OP for an explanation of his motives in coming to Singletrack for guidance on a NHS dispute.

Viewing 38 posts - 1 through 38 (of 38 total)

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