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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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In 2013, I was pregnant with my first child. I went 20 week

Customer Question

Hi there.
In 2013, I was pregnant with my first child. I went for my 20 week scan and the sonographer noticed some "irregularities". Her and a doctor came to speak to us and told me, our baby had holes in his heart, problems with his kidneys, clubbed hands, and a clef lip. The doctor said it would most likely be Edwards syndrome. He was adamant our son wouldn't have a real shot at life, having to go into heart surgery straight after birth. He made various other points about how limited his life would be. Hearing this, I felt we had no choice but to give up our little boy. After all the pain and heart break, waiting to hear if one of us caused the chromosome disease, we finally got the autopsy back only to find that there was nothing wrong with him apart from clubbed hands and a clef lip. Both of which could be fixed! We kind of wondered out of there shocked. We were happy we weren't carrying the chromosome disease, but I was utterly devastated that I had gave up on my little boy for nothing! Every time I think about it, I get angry.
I have no idea what to do ... If you could offer me a starting point, I'd really appreciate it. I don't know what I want exactly. Just some closure would be nice. I hate the idea that they got away with this and really hope no one else is ever subjected to something like it.
Thank you.
Kind regards, *****
Submitted: 4 months ago.
Category: Law
Expert:  Nicola-mod replied 4 months ago.
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 wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 4 months ago.
Hi there,Yes, I'm prepared to wait. Thank you for your hard work! It is really appreciated.Regards,
Expert:  Nicola-mod replied 4 months ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  F E Smith replied 4 months ago.

I will try to help you with this. What do you want to know about this? What do you want to achieve?

Are you thinking of compensation from a negligence claim? If so, then you only have 3 years from the alleged negligence to bring a claim. Depending on when this happened in 2013, you may already be out of time.

Customer: replied 4 months ago.
Ultimately, I want the NHS to know that they cost me the life of my son and have brought me a lot of pain and guilt. I just don't think it's fair. Okay, I wasn't aware of that. I delivered George on the 1st of April 2013. The scan was at the end of March. That means I'm out of time then? That's unfortunate.Thank you for getting back to me.Kind regards, *****
Expert:  F E Smith replied 4 months ago.

Thank you for the reply. I appreciate that you want them to know this but in what way do you want them to know? Do you simply want to write to them or sue them for something? There is a possibility that you can bring a claim out of time because the 3 years run from the date of notice of the negligence. You would have to prove that this negligence only came to your notice sometime afterwards. If it went to court, there would first be a hearing to decide the limitation issue (Limitation Act 1980) and then, if the judge agreed that you could bring a claim out of time because the three-year notice period ran from a later time, there would then be the normal trial hearing.

Remember that in circumstances like this, all that the court can do is award you money. Nothing on the face of the earth can put this right. You have to do think therefore what ultimately do you want to get out of this.

Can I clarify anything for you?

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Best wishes.

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