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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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Regarding the Mental Health Act. Can I still make a Medical

Customer Question

Regarding the Mental Health Act. Can I still make a Medical Negligence claim?I had a vaccination for Hepatitis B 4 years ago. They said the side-effects would be short-term but I've been suffering them on and off for the past 4 years... such as chills, muscle aches, nausea, joint pain, chest pain, abdominal pain, flu like feelings. At the time of the vaccination I was suffering from a diagnosed mental illness which was anxiety which hasn't ceased. Then when I was sectioned I was diagnosed with another mental illness which was Schizophrenia which hasn't ceased. Now I'm on medication for my Schizophrenia, so could that have caused the symptoms or is it down to vaccination?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Any of the symptoms the schizophrenia which you are now exhibiting, directly attributable to a known side effect of the vaccination? Do you have any medical evidence to that effect?

Customer: replied 10 months ago.
I don't think I induced Schizophrenia from a jab.
Customer: replied 10 months ago.
The other side-effects I was told about but I was told they would be short-term but they haven't gone away.
Expert:  F E Smith replied 10 months ago.

Thank you.

You have a potential claim if you only agreed to the injection because the side-effects were short-term and you are now exhibiting long-term effects and you wouldn’t have undertaken the jab had you known of the long-term side effects.

However, the long-term side effects have to be reasonably foreseeable and if there are only, for example, one in 10,000 people who have long-term side-effects, then it’s not reasonably foreseeable and there is no negligence claim.

I am not a medical expert so I can’t comment on the link between the side-effects, the injection and the schizophrenia.

Regardless, what you are going to need is a medical expert to prove the link is going to be problematical. It is accepted that you didn’t have the symptoms before but without a medical expert saying that the symptoms came from that jab, then your claim will not succeed.

It would be worthwhile speaking to a few solicitors who deal with clinical negligence matters on a no win no fee basis but I think you will struggle to get what to take it on.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 10 months ago.
This happened 4 years ago, and I'm still experiencing side-effects. Am I out of time or does my mental illness mean I can still make a potential claim?
Expert:  F E Smith replied 10 months ago.

You have three years from the date of the alleged negligence there from the date when it became apparent to bring a claim. Because this is out of time, there would need to be a hearing to decide the limitation issue first.

I think it reduces greatly the chance that you could get a solicitor to take it no win no fee and it’s certainly not a do-it-yourself job although there is no legal reason why you cannot.

Customer: replied 10 months ago.
I agreed to the injection because the side-effects were short-term and I'm now now exhibiting
long-term effects and I wouldn’t have undertaken the jab had I known of the long-term side effects.Because I know this now and wouldn't have known this before. Can I still make a claim?
Expert:  F E Smith replied 10 months ago.

I think I’ve covered all of this.

You are potentially out of time after 4 years because the limitation period is 3 years and therefore there is an extra issue to be decided.

You would need medical evidence to confirm that the side-effects are from that jab.

You would need statistics as to the likelihood of there being long-term effects.

If it is a very remote chance, it really does minimise the chances of getting a claim.

You have a claim, it is potentially a good claim but it’s going to be very difficult to bring which is why I suspect you will not get a solicitor to take it on but do make some phone calls.

Customer: replied 10 months ago.
Can I make a claim accusing them of understating the vaccine's risks and exaggerating the benefits for the average person?
Expert:  F E Smith replied 10 months ago.

You have no claim to make in respect of any exaggeration or understatement. You only have a claim if any of those have resulted in injury within three years of the statement.

It has to be a physical injury or a recognised psychiatric condition you must have medical evidence which links it to the injection.

I can tell you now that this is evidentially going to be very difficult.

When you get a moment please don’t forget to use the rating service so that I get paid. We can still exchange emails.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Well they didn't inform me the side-effects would be long-term, had I known this I would never have consented to it.
Expert:  F E Smith replied 10 months ago.

As I said earlier, it depends whether long-term side-effects are reasonably foreseeable or whether you have had a unique reaction.

The problem which I also stated is the timescale which is not favourable for you.

Customer: replied 10 months ago.
I was not given informed consent, that is, told of the potential complications
Customer: replied 10 months ago.
I was not informed of the long-term side effects.
Expert:  F E Smith replied 10 months ago.

It depends whether the long-term side effects are known and what the likelihood is. You would need the statistics of the incidence of long-term side effects.

Remember also that you are out of time after 4 years and that is really important if the side-effects have lasted for 4 years. Your claim would then fail as being statute barred.

Customer: replied 10 months ago.
I would be claiming for the long-term side effects which I'm experiencing. I wouldn't have known if I was suffering long-term side-effects if it wasn't 4 years.
Expert:  F E Smith replied 10 months ago.

I cannot really add anything to what I’ve already said. See if you can get a solicitor to take you on a no win no fee basis. As I have already said, it’s worth a few phone calls.However before doing that, you need to get a medical professional to confirm that these side-effects are from that jab. I know that you did not have the side-effects before but that would not be sufficient for court. You have to have a medical opinion that confirms that.

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