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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I want to sue the Department of Health in the UK. I had an

Customer Question

I want to sue the Department of Health in the UK. I had an operation to remove a harmless sermon without knowing I was 4 weeks pregnant. At 14 weeks pregnant a scan revealed my baby had brain damage and last week at 15 weeks I had an op to terminate the pregnancy. I don't understand why a pregnancy test is not compulsory prior to surgery, like it is in America and most European countries. I cannot say 100pc that my operation caused the damage, but I cannot say 100pc that it did not also, which makes the grief so much more difficult.
I don't want to sue the doctor as he did nothing unlawful. It is the current law that needs to change and which I believe is completely negligent.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 did this happen please?

JACUSTOMER-f63aw1da- :

I had an operation on the 6th January this year, when I would have been 4 weeks pregnant (unknowingly). I had to terminate the pregnancy on 26th March, at which point I was 15 weeks pregnant.

JACUSTOMER-f63aw1da- :

The operation in January was just to remove a seroma on one of my breasts. It was not an urgent procedure, more cosmetic than anything as one breast looked a little bigger than the other because of it…certainly nothing that couldn't have waited until after the baby was born.

Alex Watts :

Yes it is possible to sue the Health Authority

Alex Watts :

However given the recent changes in legal aid you are unlikely to qualify

Alex Watts :

This means that you must pay for a Solicitor who will charge around £175 an hour

Alex Watts :

The cost of taking this to Court would be around £15,000

Alex Watts :

If you did win then you could seek legal costs back. If you lost then you would be liable for the costs of the other side. Therefore your total exposure is £30,000

Alex Watts :

But yes you can sue the Health Authority

Alex Watts :

If you can show that on balance the operation caused the injury then they may have been negligent

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-f63aw1da- :

Hi

JACUSTOMER-f63aw1da- :

Hi, thanks for your response. Could I not find a solicitor to work on a no win no fee basis? I could not prove that the operation caused the damage. My argument is that women should not be left in any doubt and should not ever be having surgery when they are pregnant without a pregnancy test done first to enable them to either delay the operation or modify the drugs given. For the condition my baby got, there is a lot of writing to say that inappropriate medications in early pregnancy could possibly cause it…it could never be proved because it can just happen too. But operations on pregnant women come with great risks, and a simple cheap pregnancy test could eliminate those risks. The Telegraph wrote an article in 2010 about women who'd lost their babies in a similar manner to me…they'd all had ops before knowing they were pregnant. So are you saying I cannot sue the law unless I prove my baby died as a result of the op? I want to sue the law for not eliminating any possibility? Am I on a road to nowhere with this approach?

JACUSTOMER-f63aw1da- :

Every day I regret going for that operation. and beat myself up for not realising I could have been pregnant. Women should not have to live with such remorse.

Alex Watts :

You could try a no win no fee, but you can't make Solicitors do this

Alex Watts :

I understand that this is a frustrating and hard time for you

Alex Watts :

But yes a Solicitor could

Alex Watts :

Can I clarify anything else?

JACUSTOMER-f63aw1da- :

Could you recommend a decent law firm or two that I could perhaps contact?

JACUSTOMER-f63aw1da- :

One that might consider working on a no win no fee basis. There are so many advertised but I'm not sure of their reputation.

Alex Watts :

Sadly I am not permitted to recommend

Alex Watts :

But please go to:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

Can I clarify anything else?

JACUSTOMER-f63aw1da- :

No that's fine thanks, I get the impression that it's going to be too difficult a case in that if it cannot be proven that the op caused the damage (which I can't) then there is no case. I don't want to waste my time so will just concentrate on trying to change the current law which the Telegraph newspaper and my MP are fighting on my behalf.

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’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

Please remember to leave feedback before you go today

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