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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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Recently (03/06/13) I had an operation to replace my right

Customer Question

Recently (03/06/13) I had an operation to replace my right hip. The operation was sucessful as far as the hip is concerned, but during the operation the sciatic nerve was damaged (stretched) which has caused the nerve to shut down and I am now paralysed from my knee down including my foot. I had a second operation (07/06/13) whilst in the hospital to check if the original operation cut or trapped the sciatic nerve but this proved not to be the case and the belief was that the nerve was stretched. The leg and foot although numb are having nerve sensations which are painful to the extreme and I am on lots of different pain killers e.g. morphine related family and pregabalin but still suffering from nerve pains.
I saw the hip surgeon again today and he had arranged for a specialist nerve consultant to run some nerve electrical conduction tests on me. The surgeon has seen the results from these tests and told me that the recovery is going to be long term my leg and foot will not recover for up to 18 months or longer or maybe not at all.
I am currently on crutches with a leg splint to help the "foot drop" and likely to need these aids for the duration of the current condition of my leg /foot.
The operation was carried out as a private patient as my employer runs a private health care scheme. I am concerned that my disabilty will affect my work that is if I can even get into the office and whether I should claim for all the pain and suffering that Iam going through? (18 months +/- )?
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

What is your question of me today about this?
Customer: replied 4 years ago.


My question is based after providing the background to my circumstances and condition conditionand what i am asking is for legal advise as to whether i have a claim for for medical medical malpractice?

Expert:  leanne-jones replied 4 years ago.
Thank you. Based on what you have said, yes you sound like you do have a claim. You would need to instruct an expert to provide a medical report with an opinion. This would give you a legal basis for any claim. If he is of the opinion that you have not been treated correctly then you could issue proceedings.

However what I can say is that you are unlikely to get legal aid for this as the rules recently changed this year. You would need a solicitor to draft papers and represent you in court. If you win then costs are normally awarded. But you should also be warned if you lose you would be responsible not only for your own costs but those of the other side.

But based on what you have told me, you sound like you do have a claim.

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.

Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?