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Answered in 7 minutes by:
10/19/2010
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
VerifiedPeter J R Gauld :
How older were you when the incident happened?
Peter J R Gauld :
How old were you?
JACUSTOMER-kse5t8bh- :
18 i am now 37
Peter J R Gauld :
When did you first know that you had an injury and that it was caused by someone?
JACUSTOMER-kse5t8bh- :
I had a miscarraige at 20 weeks gestation, Monash medical centre did a 'dilate & currette' and then 3 weeks later i found that they had left stuff inside of me. I went back in to have another d&c & it was not long after that that i tried to commit suicide for the first time, it was also after this that i got addicted to amphetamines. The miscarraige was traumatic but the second d&c really affected my mental health. It has only been the last 6 months that i have finally overcome my drug addiction & i realise that it all started after my second trip to hospital after the miscarraige. I was too young at the time to know that i should have taken legal action & my drug addiction and poor mental health over the intervening years also stopped me. I want to know whether i can still take legal action?
JACUSTOMER-kse5t8bh- :
I recently got my medical records from Monash & it states that they removed the fetal cranium on the second d&c.
Peter J R Gauld :
The limitation period is three years from when the cause of action is discoverable, but there is a "sunset" provision that the action must be commenced within 12 years.
Peter J R Gauld :
There is a provision that allows an extension, but I fear that you would not get the extension because the incident(s) was too long ago, and the court is likely to take the view that it would be unfair on the defendant as records might be unavailable and memories have faded.
Peter J R Gauld :
Witnesses may be dead or can't be found.
JACUSTOMER-kse5t8bh- :
ok, that sucks, but thanku anyway.
Peter J R Gauld :
Yes, ok. You could contact Slater & Gordon who have a telephone advice line, and they might be able to add something. Worth a try. It's free.
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