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ReadyLaw
ReadyLaw, Attorney
Category: European Law
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Experience:  Adjunct Lecturer at University of Technology
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I want to pursue a claim for damages from a medical

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I want to pursue a claim for damages from a medical laboratory. Re: Statute of Limitations Exceptions: “Situation where certain facts have been concealed from the claimant: In some cases, facts in relation to the claim may have been concealed from the claimant by the defendant. In these circumstance, the limitation period will only commence when the claimant becomes aware of these relevant facts, or the date that he or she should have become aware of them.” Otherwise, can I claim for breach of contract - if so, how much damages would be reasonable re the following account:Oct. 2015: Several lesions along both my arms and legs as a result of chemical peel of surgical scars. I had sent payment and scrapings sample to private home to laboratory company. Subsequent laboratory test report received stated: “(KOH) microscopy: No fungal elements seen. Culture: No fungi isolated after 3 weeks.” I suffered extreme distress and confusion re this result, which I have - years later found out to have been false negative. I still have dated photographs of my lesions. All subsequent medical distress and financial expense I have suffered would been avoided if these laboratory report(s) had correctly confirmed infection.Oct. 2019: My skin was in an Horrendous state with many physical and sensory symptoms of infection. I had applied antifungal cream to leg lesions, whilst being immunocompromised at the time (proven by subsequent blood test report).Nov. 2019: Appt. with private GP re consultation and skin scrapings for microscopy and culture. Subsequent lab report states: “Microscopy: No fungal elements seen.” I also discovered that this was a report from the same laboratory as in Oct. 2015.Feb. 2020: After much personal online research, and in a recorded phone call to the laboratory, I learned that they do Not carry out the special tests required for detection of the specific yeast fungus I had. The lab does not state anywhere in their information that they do not carry specific additional/special microbial testing. I also noticed that their home to lab website is no longer offering skin scraping tests.

Good day your question has been forwarded to me to see if I may be of assistance.

I have the read the overview that you have given. Kindly let me know what you would like to ask.

Customer: replied 14 days ago.
In this regard, can you tell me under what legal Acts I can sue the lab? Also, it covers 5 years of suffering, so what do you think is an appropriate amount to sue for? Thanks.

Thanks for the additional information.

 

I think I may have previously answered you in relation to claims and laws on limitation periods which governs when you can make a claim.

In any event, i am not sure whether your cause of action would be as against the lab or the doctors who made the referrals. The lab would just be testing for what they were told to test. it is likely therefore that your cause of action would be as against the GP and whether they tested for the incorrect thing.

You have a three year period from the alleged breach to bring a claim. The exception to this being when you became aware of the negligence. You would therefore have to calculate when you became aware that something went wrong with your treatment.

The amount you claim is not a figure that is picked from the air unfortunately. This is calculated based on a medical report stating what was wrong with you and this is then compared to other persons with a similar injury and how much was awarded by the court then. As such, I would not be able to say what you may claim via this online medium.

If it is that you feel strongly that there were medical negligence, you are strongly recommended to visit a Solicitor who specializes in this area of the law. Your concern may require very specialist assistance and it is also time sensitive.

Hope I clarified things for you. Kindly let me know if I may be of further assistance.

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All the best

RL

 

Customer: replied 13 days ago.
My cause of action is directly against the laboratory - as already stated, I have proof they do not do any specific testing for fungae, only basic testing - yet in their reports they completely rule out ALL fungae. I want to sue as private litigant. Pleas state whether I can sue for breach of contract..

In my opinion I do not see a cause of action in breach of contract but moreso in negligence.

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