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michael holly
michael holly, Family Solicitor
Category: UK Family Law
Satisfied Customers: 6827
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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How long is it before you cant sue a abortion clinic for a

Customer Question

How long is it before you can't sue a abortion clinic for a botched abortion?
Submitted: 4 years ago.
Category: UK Family Law
Expert:  michael holly replied 4 years ago.

Are you referring to a claim in respect of the baby still being born or to personal injury suffered during an abortion where the pregnancy was terminated?

Yours sincerely

Customer: replied 4 years ago.
Personal injury suffered during an abortion it was botched they missed the foetus and I was not given anaesthetic and pain relief and the abortion was continued even tho I said I wanted to be asleep and I felt everything
Expert:  michael holly replied 4 years ago.

A claim for personal injury must be made within 3 years of the date the injury occurred or the date upon which you became reasonably aware that you have a claim. The second part relates to latent claims such as exposure to asbestos which can surface many years after the exposure occurred. It is possible to claim after the time limit has expired but you must have a very good reason for the delay in claiming.

I hope this clarifies the position if there are any further points please reply

Best wishes

Yours sincerely

Customer: replied 4 years ago.
Would I still have some sort of claim if I'm still mentally feeling the affects of this even nearly 4 years after? Because it is still mentally affecting me now what happened and I'm having counselling again because of the way it has affected me
Expert:  michael holly replied 4 years ago.

Could you tell me how old you are as this has an effect on the limitation period?

Yours sincerely

Customer: replied 4 years ago.
I had just turned 22 when it happened I am now 25
Expert:  michael holly replied 4 years ago.

That means that the 3 year limit applies to this situation.My feeling is that the court would not allow you to start proceedings out of time on the basis that you are suffering the effects of the awful experience for longer than anticipated.

However this is a question and answer forum where it is not possible to make decisions about how viable a case is because that needs a lawyer to collate all the relevant papers and then sit down and assess everything carefully.

What I would suggest that you do is find a solicitor locally who deals with personal injury claims on a no win no fee or conditional fee basis so that your case can be carefully assessed at no cost to you.Such solicitors firms normally advertise in the local telephone directories.

I hope this helps and I hope that you can get some closure of this situation.

Best wishes

Yours sincerely

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