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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 23522
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I had surgery on my right hip, in nov 2019, this is a 3rd

Customer Question

I had surgery on my right hip, in nov 2019, this is a 3rd sugery( but 2nd on the right hip, both 1st / 2nd operations , surgeon used both metal on metal prothesis, leading to raised colbalt/ chromium levels in my blood , so 3rd sugery was needed, this has left me with mobility problems affecting me day to day life. I have had my employment terminated on the grounds of ' ill health after serving 21yrs at care home, i have pip both standard , enhanced rate for mobility, i have had recently u.credit health check, they are saying im fit for work, iv requested a written report of my h.check, plus asked for a written explanation why the have come to that conclusion, not heard back from them yet, in meantime i have job center on my case to look for work, this is 1st time in 30 yes i been out of work.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Yes.. it was mutual agreement i agreed that i was not fit for my job
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Im unemployed, i am in union- unison
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have contacted 2 solicitors but they werent able to help me
Submitted: 18 days ago.
Category: Employment Law
Expert:  Virtual-mod replied 18 days ago.
Hello,

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 18 days ago.
i will continue to wait
Expert:  Stuart J replied 17 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.
Please bear with me as I will be online and off-line from time to time and therefore, may be delayed
getting back to you.
the fact that you may have contacted 2 solicitors who couldn't help really points to the fact that this is not going to be easy.

It will help if I explain how claims in negligence arise.

There needs to be

1.    a duty of care

2.    the duty of care needs to be breached

3.    as a result of the breach there needs to be loss or injury

4.    the loss or injury must be as a result of the breach

5.    the loss or injury resulting from the breach must be reasonably foreseeable.

In order for there to be a claim in negligence, all 5 heads have to be satisfied.

You are going to have to get a medical expert to confirm that your current health problems are caused by that surgery AND that the surgery was not carried out properly and that is the problem that you face.

before getting solicitors, I would get the medical evidence but please do not think for one moment that it's going to be easy to obtain because it won't.  You need an orthopaedic surgeon to confirm that the surgeon should have done something else which would not have led to these problems.

without that, your claim will not go anywhere.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have
Kind regards