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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a brain tumor removed in 2007. I had been suffering

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I had a brain tumor removed in 2007. I had been suffering with headaches and sore ear for four years, it got so bad that I tried to commit sucide. I was eventually given an MRI scan in December 2006 and in January 2007 was given the news that I needed an urgent operation. This operation took place in March 2007 and the result was that I lost my hearing completely in my right ear. My balance was badly affected and I had to be taught how to walk and eat again.
With there being such a long time span from my first symptoms to the operation could I win a case with it
I have now been informed that the tumor may have returned but I will have to wait at least 20 weeks to get an MRI scan
Submitted: 2 years ago.
Category: Law
Expert:  Shantal-Mod replied 2 years ago.
Hello,
I'm Shantal and I'm a moderator for this topic.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I was checking to see if you had already found your answer or if you still need assistance from one of the Professionals.
Please let me know if you wish to continue waiting or if you would like for us to close your question?
Thank you,
Shantal
Expert:  DrDLove replied 2 years ago.
Hello from JustAnswer.
Are you seeking a medical opinion about the standard of medical care?
Or are you seeking a legal opinion about the legal merits of the case?
Customer: replied 2 years ago.
I would like a legal opinion in order to assist me on whether I have a viable case or not
Expert:  DrDLove replied 2 years ago.
I will ask customer service to move this to the legal category. There is no need for you to respond to this message.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Are you saying the surgeon was negligent please?
Customer: replied 2 years ago.
No I'm not saying that. The fact that I was suffering for 4 years before I was sent for a MRI scan, I kept being told that it was virus or migraines ( I have never had migraines). Also that I got the result in January but was not operated on until March
Expert:  Ash replied 2 years ago.
What is it you want to achieve?
Customer: replied 2 years ago.
I just want to know if I am able to bring a case due to having to wait so long to be diagnosed after first complaining and given the fact that I had to undergo a 12 hour operation to remove the tumour.
Expert:  Ash replied 2 years ago.
When did you first know of the problem after surgery please?
Customer: replied 2 years ago.
I was complaining 4 years before being diagnosed with the tumour. Then it was 3 months before surgery was done.
When I went back for the review I was told that if I had not had the operation I would have been dead within the year
Expert:  Ash replied 2 years ago.
Ok - so it was back in 2007?
Customer: replied 2 years ago.
I had my operation in March 2007
Expert:  Ash replied 2 years ago.
It's bad news I am afriad, you only have 3 years from date of knowledge to bring a claim. As per the limitation act 1980 you only have three years.
As this has been 7 years then any claim is out of time.
I am very sorry that this will not be the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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