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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi there, I had surgery in august of 2000 to repair a left

Resolved Question:

hi there,
I had surgery in august of 2000 to repair a left sided inguinal hernia. when the doctor placed the cannula in the back of my left hand he picked up a piece of gangling and forced it (grizel) into my vein. The only way I can describe it is pain like ive never felt and I was being held down by at least 6 people as I was trying to get across to pull the cannula out. Im getting help from a pshyciatrist as direct result of this. Ive been diagnosed with sleep apnoea, hypopnoea, very bad snoring which has been helped with cpap therapy, I also have been diagnosed with depression for which im on medication.
I have told my pshyc the only way I can describe it is that the doctor induced a stroke. my gp told me id suffered an allergic reaction to the anaesthetic which I now know not the case! ive also got hearing problems too which my gp says wasn't caused by the incident. my optician is convinced that my sight problems were caused by the trauma of the anaesthetic going wrong. have I a case?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :


Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

When were you informed by your GP about the allergic reaction please?

Customer: Jabout a week after it happened
Alex Watts :

Ok - so all in all in 2000 or thereabouts?

Customer: August 200
Alex Watts :

Ok - its bad news then I am afraid.

Alex Watts :

In law you have 3 years to bring a claim in negligence. This means if it was in August 2000 then you had until August 2003 to bring a claim.

Alex Watts :

This means your claim is statue barred under the Limitation Act 1980

Alex Watts :

It is an absolute defence. In very rare circumstances a Court can extend it, but only if you are near to the deadline.

Alex Watts :

Here you are more than 10 years over the deadline and any application is likely to fail

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Could psychiatric prproblems come into play at all?
Alex Watts :

Sadly not - someone else could have acted on your behalf if that was the case.

Alex Watts :

Can I clarify anything else for you?

Customer: If i committed suicide and left a nite explaining everything, could ny family sue?
Alex Watts :

No - out of time. There was 3 years from 2000.

Alex Watts :

I am very sorry.

Customer: Ok thanks
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer: One last question.. What if i was left retarded because of oxygen starvation? They did say they had a problem getting tube in place.
Alex Watts : Sadly you have 3 years to bring a claim. You are simply out of time. I am sorry.
Customer: Ok cheers...
Alex Watts : I am sorry it is not better news.
Alex Watts : Please do remember to leave feedback on my service before you go today.
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