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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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the doctors at edinburgh royal infirmary refused to operate

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the doctors at edinburgh royal infirmary refused to operate on ablockage in my right leg 3years ago because i smoked told me to stop smoking and after a period of 3monthsthey would review my situation icontinued to smoke until 10 august2014 when i had a stroke went to hospital and had an opration on my neck to clear a blockage similar to one in my leg stopped smoking immediately asked if my leg could now be oprated on had to wait until 19 december when my leg was again checked i was told to await result theresult came on 13march 2015 no operation would be done because the blockage in my leg in 2012 was 1inch long by 2015 it was 4inches long therefor needs to be a bypass my question is can i sue nhs on the grounds they should have oprated in2012 not refused on the grounds ofme being a smokerit is not illrgal to smokein uk
Thank you for your question. I am a solicitor in Scotland and will help you with this.
Was there any medical reason why they couldn't do the operation because you were a smoker? Precisely what did they say to you at the time?
Customer: replied 3 years ago.

ican think of no medical reason Asi stated they said if i stopped smoking aftera period of 3months they would re assess my condition i feel this was ablatant attempt to try and blackmail me into stopping smoking as i gave up smoking immediatelyi suffered a stroke on 10 august 2014 after they refused me a second time i went to the pub but was so upset and annoyed i bought a pack of cigarettes and i am now smoking after a period of 8 months without a cigarette

The test of medical negligence is that no doctor, exercising reasonable care, would have done what the offending doctor would have done and that a doctor is bound to follow established medical opinion and not depart from that without good reason.
Putting that into the contraxt of your case, if you needed the operation at the time and there was no reason not to do the operation, it would appear that there was negligence in not doing so as a result of which you may now need a more serious operation.
All of that supposes that your smoking was not a medical reason not to carry out the operation and your solicitor will need to recover a copy of your medical records and examine these, possibly with the help of a medical expert.
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