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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, my story has two parts to it, but are linked and I will

Resolved Question:

, my story has two parts to it, but are linked and I will detail them separately and they will come together in my question.
(1) I was due to go into hospital on 12th January 2015 operation. On New Years Eve I received a letter advising my operation had been postponed but the letter did not advise the new date. On 2nd January I managed to get through to the hospital in question and they gave me a new date, being the 5th January 2015, a week earlier than my original date. This operation was also cancelled but the hospital did say they would still try and get me in before the 21st January when my "MRSA" swabs expired, but this didn't happen.
(2) I am a temporary worker and was in my last job .5 years, leaving on 31st December 2014 due to redundancies. When I left on 31st December I did not look job because I was due in hospital on 12th January 2015 as mentioned above. Towards the end of November I was offered an interview job which was going to continue 6 months. I declined the interview because I was at that stage due in hospital on the 12th.
Therefore my current situation is I have not had the operation, I have no job and I have no money coming in.
My question is do I have a claim of earnings?
I am currently not working and therefore not earning.
Thank you and I look forward to hearing from you.
Kind regards
Tracy
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
are you asking if you can sue the NHS because your operation was cancelled?
Clare
Customer: replied 2 years ago.

, yes, because when I left my job on 31st December, I did not look job because I was due in hospital on 12th and no company was going to employ me weeks. I have now been given another date of 17 feb with no guarantee it will happen, so again, no company is going to employ me to possibly leave in 3 weeks, but in the mean time I have no income. when I left my job on 31st December I did not receive any redundancy as I was a temp, so I am currently living off nothing.

kind regards

tracy

Expert:  Clare replied 2 years ago.

I am sorry but no you cannot sue as the date of an operation is never guaranteed and can be cancelled reasons.
Th eonly basis on which you could sue is if your condition deteriorated and became inoperable because of the delay
I am sorry - I know that this was not the news that you were hoping for - but it is the legal position as it stands
Please ask if you need further details
Clare
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