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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have tried to get help due to a medical problem caused by

Resolved Question:

I have tried to get help due to a medical problem caused by a surgeon , I have had councelling, frequent appointments with medical clinics and on going support from a medical councillor, and my GP practice . Because my surgery was over six years ago no solicitors are willing to take on the case without a judge or barrister support. Not sure if you can help my problem which as changed my life completely . Thank you, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
Good morning Beryl,
I am afraid that if the limitation period has expired then you face an exceedingly difficult task in bringing a claim against the professional, regardless of the impact upon your life.
A claim for compensation for personal injury caused by medical malpractice is subject to the Limitation Act 1980 (the Act). The general rule is that the “limitation period” for compensation claims in negligence or breach of
contract, is six years. However, for personal injury claims the period is reduced to three years.
There are exceptions to the general rule and there is a residual discretion that rests with the court, which can disapply or set aside a limitation period that would otherwise bar a claim and offer the defendant a technical defence.
Bear in mind that a limitation defence does not arise until it is pleaded by a defendant. This means that you, as a claimant, could decide to issue a
claim, knowing that it appears time barred, to see if the limitation defence is raised and take a view (if it is) on whether to make an application to the court for an order disapplying the limitation period.
Usually, the court will, on hearing such an application, balance the issues being the prejudice to the defendant in allowing a claimant to bring a claim that is otherwise time barred, and taking into account the reasons for the delay and the availability and weight of evidence in support of the claim. Essentially, if the claim looks viable and is not speculative, and assuming it is still possible to have a fair trial (if records and witnesses are available) then the court may exercise its discretion and disapply the limitation period.
Given the potential issues with your case being time barred, the delay etc and the reasons for that delay, the solicitors you have spoken to have likely taken all of the above into account and consider your claim is unlikely to succeed or that there is no reason in which the court would exercise its discretion.
There may be some lawyers who would be willing to take this matter on for you, but only on a private basis, i.e. where you pay their legal costs regardless of you winning or not, and they will likely require you to pay a large retainer up front.
Alternatively, you could try and act in this matter as a litigant in person. In the circumstances, I would not recommend this, as you could be liable to pay the costs of the Defendant if you were not successful, but this is an option for you.
I am sorry this is not likely to be the answer that you wanted, but we have a duty to inform you of the potential pitfalls of a matter.
If there is anything else I can assist you with, please ask.
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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