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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I take legal action against the NHS for a misinformed medical

Resolved Question:

Can I take legal action against the NHS for a misinformed medical abortion? I was given an early medical abortion under the pretence that I was only 8/9 weeks pregnant at the age of 21. Nearly four years later I have gone on to have two children, but whilst pregnant with my second child I noticed on my pregnancy notes that my terminated pregnancy a few years previously was actually a 12 week pregnancy. At the time of the abortion I was taken back into hospital due to complications and residing tissue. This plagued me and my ability to carry a further pregnancy later on in life. Luckily I have been blessed since this incident, but I feel cheated as I was misinformed about the term of the pregnancy that was aborted. The procedure done at this stage also put me at greater risk of which i was unaware at the time. It would have affected my decision greatly. If I can take action who do I speak to? This procedure was carried out four and a half years ago. Any advice will be gratefully received. Mrs A
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please confirm that the treatment you wish to complain about happened 4 years ago?
Customer: A medical abortion
Alex Watts :

Yes but it was 4 years ago - is that right?

Customer: Yes because unknown to me the pregnancy was further ahead than I had realised until I sawy medical notes
Customer: My*
Alex Watts :

Its bad news I am afraid.

Alex Watts :

Under the Limitation Act 1980 you have 3 years to bring a claim for negligence.

Alex Watts :

Given this has happened 4 years ago you are 1 year out of time

Alex Watts :

The Limitation Act is an absolute bar and I am sorry to say that the time limit for bringing a claim has expired

Alex Watts :

I am sorry if this is not the answer you want and 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: If this was within the 3 year time frame would I of had a case? Thank you for your honesty
Alex Watts :

Yes you may have had a case if you can show loss and they breached the duty of care.

Customer: I feel so cheated as I was never told I found out myself on my pregnancy notes! Thank you anyway
Alex Watts :

Indeed. I am sorry its not better news

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