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:
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.
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