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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi, I think Ive been mistreated by the NHS twice and this

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Hi, I think I've been mistreated by the NHS twice and this is now effecting my health and my mental well being. I was told years ago that my stomach muscles had split open and was refered to a plastic surgeon who told me I was just fat. Years later I visited a surgeon again and he told me my stomach wall had split open but was now to weak to be repaired and I will have to live the rest of my life like this. The problem has caused me 24 years of stress, humiliation and now may be even problems with my marriage. I also had problems giving birth, I was told I had a prolapse but not offered any help, now today I visited another surgeon and have to have extensive repair work done meaning I will need to loose 2 months of work and have problems that may never be repaired now. Should I seek proffessional legal advice for compensation?
Hi,

I'm sorry to hear about your situation. Are you in the UK?
Customer: replied 4 years ago.
Yes I'm in the UK
Thank you for your response.

Your case involves a potential claim for medical malpractice under the general tort laws of the UK. Specifically, the issue is whether one of the previous doctors who examined you misdiagnosed your condition and lead to you being in a much worse condition now than you were before. However, you have stated that the original misdiagnosis was 24 years ago, which puts the case far past the statute of limitations and thus is barred by statute unless it meets certain exceptions.

The other problem is that there may be difficulty in establishing actual negligence. You would need to show that your condition should have been identified correctly under the standards of medical reasonableness in place at that time, then you would need to establish that the condition you have today was not exacerbated by outside causes other than the alleged misdiagnosis.

In short, you have a very hard case. If you can overcome the evidentiary hurdles and the statute of limitations problems, then it would be possible to recover for lost income, past pain and suffering, mental anguish and medical expenses. However, the fact that there has been 24 years and a lot of living in between the original diagnosis and the need to do surgery now, it is unlikely that your case would be successful. The true fact of the matter is that you may not have needed surgery in the past, or that the state of the art in medicine has advanced so that the surgery which may not have been possible back then IS possible now. Further, you face a very difficult time collecting evidence to support your claim given the passage of time.

That being said, if you have a full medical record of the previous treatment where the misdiagnosis occurred and is documented in your medical record, then you should seek consultation with a local attorney specialized in medical malpractice. The following is a link that you can use to contact No Win No Pay lawyers to take a look at your case further:
http://www.hospitalnegligence.co.uk/medical_negligence_law.html

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Best Regards,
Zachary D. Norris

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