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Clinical Negligence Medical Claim: Can I claim medical accident compensation for a defective hernia operation?

Clinical negligence medical claim: I had a Hiatus Hernia repaired and approx a year later my intestines broke though my stomach and hence a Strangulated Hernia developed. I had previously had an Hiatus Hernia operation, which I paid for privately at a NHS hospital.

I tried to find a solicitor to make a compensation claim, but was informed there was not enough evidence! I was informed later by a surgeon prior to an unrelated operation that in my original operation the insertion wound, where the strangulation happened was not stitched.

I have all the records plus the surgeon's name who told me this and then made a quick get away and did not speak to me again.

I would advise this is beyond the 3 year claim period. Up to now I have found no law firm helpful in my pursuit and I have not worked since my strangulation.

A: There are two main factors in deciding if you can make a clinical negligence medical claim for a defective hernia operation:

Clinical negligence medical claim

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1. Can a clinical negligence medical claim be proved as a matter of law?

The main way to prove a medical negligence claim is to have an independent medical expert examine you, your GP and hospital notes to produce a report.

To have a claim that report must conclude that the original hernia operation was not completed correctly and the errors in the operation were sufficient to cause you to suffer a strangulated hernia.

If you have a low income and very little savings legal aid might be available to fund such a report. If legal aid is not available - a medical negligence claims solicitor may ask you to pay for this report in advance to determine whether you have a claim or not.

Click medical negligence claim to see what must be taken into account to show you have a compensation claim.

2. The time period to make your clinical negligence medical claim must not have expired

The general time period to make a UK personal injury claim is three years from the date of the accident or from the date of knowledge that a negligent act or omission caused you injury.

The time period for medical negligence claims is the same, but because a lay person does not know negligence has occurred until a medical expert has said so - the three year time period is invariably well after the date of the negligent act.

I suspect however that as you were attempting to make a compensation claim before the doctor suggested no stitching had been used - you already knew something had gone wrong with your first hernia operation.

In addition - if your only claim is one for financial loss and not personal injury - it is arguable that the time period for contract claims should be the correct time period namely 6 years from the date of the breach of contract. I feel however that your clinical negligence medical claim is one of personal injury with a large lost income element.

If you feel you are within the 3 years from the date of your knowledge that clinical negligence had occurred - I suggest you have your claim assessed by a medical negligence claims solicitor.

Free legal help and assistance with your clinical negligence medical claim

Click clinical negligence medical claim to select from a list of free online legal help options my website offers including call back - at your request I am happy to call you back to discuss your "clinical negligence medical claim" in person.