question, but still can she, she stills suffers from thier neglience today.........unfortunately shes hasn't got the foresight to deal with this in the past, plus i wasnt around when this happened.
2007-07-22 14:07:31 · 12 answers · asked by oops ok! 3 in Politics & Government ➔ Law & Ethics
wow calm down all, did say it was 28 years, got to least try as a similiar case with a number of years did go to court,
2007-07-22 14:19:56 · update #1
No, you are not silly. Typically such lawsuits are barred by a statute of limitations. Items of medical malpractice typically become evident within a few months or years, and the person should file a claim or lawsuit right away while they are able to come up with evidence of the doctor or hospital's negligence.
2007-07-22 15:08:17 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Well, it would depend on the negligence. But, after 28 years, I doubt that she'll be able to take her case to a Superior Court. There maybe the outside chance of small claims court legal recourse. But, this will limit her claim to $5000.00 max. The Statue of Limitations has long passed. She should seek legal advice and, she will have to provide in-depth documentation, medical records, etc. Best advice, she needs to speak with an attorney.
2007-07-30 02:40:17 · answer #2 · answered by Ruth 7 · 0⤊ 0⤋
Depends. Are you in the UK, and was this done in the NHS? Because, if that is the case, then it is very unlikely that she will be able to complain.
There is a time limit, but there has to be VERY good reasons as to why the complaint was not made sooner.
You might have a case, but I doubt it. The Healthcare Commission complaints helpline on 0845 601 3012 might be able to give you more information about this.
2007-07-30 05:13:20 · answer #3 · answered by The Patriot 7 · 0⤊ 0⤋
before you artwork out the form you want to preserve it, I propose waiting till you hit upon out what precisely any form of correction will entail. locate out how the healthcare expert will artwork with it, while he will want to preform surgical treatment to pull the different one down, if it might require a 2nd surgical treatment to verify this is in its ideal place, if the fee of the technique and invasiveness of the technique would be diverse now than it could have been if it were caught in the previous and so on. From what i will locate, the surgical treatment isn't reported till *after* a newborn is older than three hundred and sixty 5 days. So, even nonetheless it fairly is upsetting and negligent that they did no longer locate it in the previous, probability is they does not have scheduled a surgical treatment yet for it notwithstanding if that they had found it. the venture, from what I comprehend, additionally should not be any worse understanding approximately it now than understanding approximately it some months in the past. because understanding approximately it in the previous maximum in all probability does not have replaced the way it's going to be fixed, i do no longer think of you are able to relatively carry the previous medical doctors accountable. perhaps you are able to write out a letter to them explaining why you at the instant are not from now on going to apply their centers, write a letter to the editor of your close by newspapers to share with others their negligence and so on. pass forward and write a criticism to the scientific board. this is unquestionably some thing they ought to have caught in the previous. If it fairly is any convenience, my hubby had surgical treatment for this comparable reason while he became approximately 12 years old, and (needless to say) is doing merely fantastic.
2016-10-22 09:20:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In claims for minors the three year period does not start running until the eighteenth birthday
In clinical claims the three year period begins to run from the date when the injury was first discovered
For people who suffer from mental incapacity the time may never start to run
Judges have discretion to override the time limits
2007-07-22 14:20:06 · answer #5 · answered by stukaville 2 · 2⤊ 0⤋
Generally speaking, a claim of this type is under a statute of limitations. A lawyer could give you exact information.
2007-07-30 06:56:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
6 years is the limit for medical cases.
2007-07-22 22:30:25 · answer #7 · answered by ANF 7 · 0⤊ 0⤋
Maybe, are the defendants still alive after 28 years?
2007-07-22 14:14:07 · answer #8 · answered by Joeyboy 5 · 1⤊ 1⤋
If she is still suffering now then she may have grounds for claim - talk to a solicitor!
2007-07-22 14:37:18 · answer #9 · answered by libbyft 5 · 0⤊ 0⤋
you might have a chance at a civil matter, but not criminal. I would contact a lawyer and get some consultation. its worth a shot!
2007-07-22 14:20:30 · answer #10 · answered by J 2 · 2⤊ 0⤋