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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently had a surgery on my private parts and I came out

Resolved Question:

I recently had a surgery on my private parts and I came out badly disfigured and I do not think I will ever have sex again. I have been crying for two days , there was no need but they chopped me into bits for a simple operation. Can I sue nhs?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I am very sorry to hear of your circumstances. May I ask roughly when the operation was carried out and whether you have yet had a follow up with a consultant at the hospital please or sought a third party opinion on the procedure that was carried out on you please?

Customer: The operation was done on the 2nd April and I have been very swollen and in pain the whole time. I looked two days ago and could tell it was botched but the has gone significantly so I had another look yesterday and today and it's horrific what they H
Customer: Have done. I phoned the hospital today and was advices to write a formal complaint to the trust, which I will be doing tomorrow.
Customer: The doctor who operated on me said I will be seing her on the 2nd May
Joshua :

Thank you. There are two principle steps you can take from a legal perspective. However if you have concerns about your health in relation to the operation you may wish to consider seeing your GP in the first instance to discuss your concerns as it is important to address any health related concerns you have as soon as possible. Notwithstanding this...

Joshua :

There are two approaches with regards XXXXX XXXXX a claim against the NHS. You can either follow the NHS complaints process or seek a private claim against the NHS or both.

Joshua :

Many people initially at least decide to first follow the NHS complaints procedure. You can ask the hospital or your GP for a copy of the hospitals complaints procedure which must abide by the NHS constitution which essentially requires them to deal with your complaint fairly and efficiently. If you are not happy with the outcome of your complaint you can refer the matter to the Parliamentary Ombudsman which has the power to independently consider your complaint and award compensation if it finds you have been harmed by negligence.

Joshua :

http://www.ombudsman.org.uk/make-a-complaint

Customer: How do I seek private claim, is that through a lawyer
Joshua :

If you are not satisfied with the outcome of your complaint with the Parliamentary and Health Ombudsman then you can (or even before this if you wish) appoint a clinical negligence solicitor to represent you. This is likely to only be feasible if you can secure representation on a no win no fee basis or similar which is determined based on no small part on an assessment of the merits of your claim. You can find clinical negligence solicitors by a quick search on google.

Joshua :

If you adopt this approach your claim will be decided normally initially through mediation and failing which through the courts and the NHS will be represented by the NHS litigation authority.

Joshua :

Many people will consider the NHS complaints process first because there are no cost implications but there is nothing stopping you exploring both approaches. If considering a private claim you must ensure that you bring a claim within 3 years of the date of the operation or you will be time barred though equally it is important to ensure that you are examined by an independent assessor in order that a report on your injuries can be prepared before such injuries heal if this is relevant.

Joshua :

Is there anything above I can clarify for you?

Customer: Thank you Joshua, I will start with a formal compl
Joshua :

A pleasure. I wish the very best both for more importantly your recovery and in respect of your claim for compensation.

Customer: Complaint and take it from there. How do I determine how much I sue for?
Joshua :

Both the Ombudsman and / or your lawyer would assist you with this

Joshua :

Compensation will depend upon the scale of injury and degree of negligence that contributed towards it.

Joshua :

Is there anything else I can help you with?

Customer: The truth is nothing will really make up for what has happened to me, the shame is unbearable but I have got to take them to task because you just can't dehumanise people who are trusting you to make them better. It's just inhuman.
Customer: Thanks
Joshua :

If there is no procedure that can rectify the damage that has been caused then unfortunately you would be limited to damages however if there has been negligence and this cannot be corrected with a further procedure this should give rise to a great potential amount of compensation being payable to you.

Joshua :

I hope you are able to make some positive progress with this and do consider seeing your GP if you have immediate concerns in addition to legal steps.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer: Thank you Joshua . Will do so if need be. Bye
Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua :

Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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