MRSA Superbug Forum |
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Finding a Solicitor to sue NHS
Started by Gaynor |
Posted: January 19, 2006 at 09:34 | |
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Hello All. I had had MRSA 7 Times. Truely 7 Times since 2000. I have proof of negligence against the hospital but I cannot find a Solicitor to sue them for getting the infections. I didnt cause these infections,the dirt and nurses caused it. I read of other people getting the NHS into court for MRSA compensation. I have had to spend many monther in hospital just fighting the MRSA without having to recover from the operation. I am due more surgery in April 06 and I'm terrified that I will get MRSA again. I have tried washing my self with Aquasept before going into surgery, it didn't help, I still got it. The first attackk was in 2000 and my last one was in Nov 05. Does annyone know a good legal aid solicitor who could help me. Someone has to do something, our local southwest hospital is getting away with everything as the solicitors down here say that they can no longer sue for MRSA infections. If you need to know more of each operation and the MRSA that followed, please reply, other than that please leave your response, thanks. 9550
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Re: Finding a Solicitor to sue NHS
Reply #1 by Bev |
Posted: January 19, 2006 at 09:42 | |
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hi gaynor i have'nt heard yet of one successful big case but if you take a look at website www.mrsaactionuk.com it might give you some helpful numbers to contact best of luck 9551
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Re: Finding a Solicitor to sue NHS
Reply #2 by ANN |
Posted: January 19, 2006 at 17:15 | |
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HI GAYNOR,I'M SORRY YOU'VE HAD THIS MRSA SO OFTEN,IF YOU CAN CONTACT ANY LAWYER NEAR YOU AND THEY WILL PUT YOU IN TOUCH WITH A LAWYER THAT SPECIALISES IN THAT TYPE OF CLAIM THE LAWYER I HAVE IS FIGHTING TOOTH AND NAIL FOR SOME JUSTICE TO MY MUM WHO DIED 3YRS AGO THIS MONTH THATS WHERE I STARTED I HOPE THIS HELPS YOU,ALL THE BEST ANN EDINBURGH. 9561
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Re: Finding a Solicitor to sue NHS
Reply #3 by Moya |
Posted: January 19, 2006 at 17:27 | |
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Hi Gaynor it took me sometime to find a firm of solicitors to take on my case. I have had to use a firm quite some distance from me so we communicate through phone and email. Try them they may be able to point you in the right direction if they cannot take your case enquiry@eadsolicitors.co.uk 9562
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Re: Finding a Solicitor to sue NHS
Reply #4 by emma |
Posted: January 20, 2006 at 17:55 | |
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i sied bt ended up settling out of court were the nhs were very sly with me too it takes many years to sue the nhs and many medical examintions and what they put you thorugh can make you ad your fmily even more stressed . i eventually settld out of court but i had to pay back most of my compensation to the government anyhow for all benefits i had recieved ! i had to pay back £30,000 and never won my appeal to get any of it back 9591
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Re: Finding a Solicitor to sue NHS
Reply #5 by there should be room |
Posted: January 20, 2006 at 21:13 | |
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there should be room for suing because some of the hospitals are rotten and its unacceptable and someone should be made accountable for the actions we all sign a consent and it always says infection on it that fair enough we all except there is a degree of risk to any operation but when our hospitals are as dirty as they are they are also adding to risk to the patents care so they also be accountable and the hospitals on the telly done by the team that run this site the hospitals was disgusting and was unexcitable to any ones standards an the heath ministers are all covering this up as much as they can with more dirt to add becasue they don't care that why they hit them where it most hurts with a surprise attack and it knocked there similes of there faces good and proper 9598
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Re: Finding a Solicitor to sue NHS
Reply #6 by # |
Posted: January 21, 2006 at 14:01 | |
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# 9628
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Re: Finding a Solicitor to sue NHS
Reply #7 by ann |
Posted: January 30, 2006 at 18:16 | |
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i have to say it is a long road to claiming the nhs,i've been on there case for three years,i've also read the report from the nhs and they are saying mum got treated good and the ward was up to its usual standard,if thats what they call clean i;d hate to see their houses,my only advise to anyone claiming against the nhs dont give up on it as thats the nhs won saying all hospitals were okay and we all know they're not so good luck to all who have a claim,ann,edinburgh. 9830
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Re: Finding a Solicitor to sue NHS
Reply #8 by Peter |
Posted: January 31, 2006 at 16:22 | |
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I think what they are saying is that if you spend long enough in hospital you will almost be bound to catch something, but that doesn't necessarily mean it was negligent. 9853
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Re: Finding a Solicitor to sue NHS
Reply #9 by ann |
Posted: January 31, 2006 at 17:17 | |
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sorry peter it is the fault of the nhs for the domestics not doing their jobs correctly,i saw it for the 13wks i lived at the hospital and it was an absolute sham,if they called it clean why did i have to clean mums room i'll tell you because it was in a disgusting state,if you read my letters to the forum you'll see what i had to do and bev was the same then phip and many more so are we all wrong peter i think not we lost our parents to mrsa so sorry i don't agree with you.ann,edinburgh. 9855
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Re: Finding a Solicitor to sue NHS
Reply #10 by liz |
Posted: February 2, 2006 at 20:41 | |
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hi gaynor we have a solicitor in leicester looking into the case of our son daniel who died in august 2004 from mrsa aged just 16. we are funding it through our house insurance so it may be worth taking a look at your policy even if we don't get anywhere it won't be for the want of trying to get some justice it's not about the money because no amount can replace a much loved son and brother it's about trying to make them more accountable for what it boils down to neglect and for the blase attitude thar he was unlucky hope you have success. 9898
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Re: Finding a Solicitor to sue NHS
Reply #11 by Derek Butler |
Posted: February 2, 2006 at 23:45 | |
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Gaynor as the Safety Rep for MRSA Action UK you might be interested to read the thread below involving Kitty Cope who succesfully sued her local hospital the Princess of Wales Hospital in Bridgend for allowing her to contract MRSA whilst having a hip replaced. This action was taken under existing Health and Safety Laws with respect to the fact that the hospital did not abide by their own infection controls and therefore were in breach of their statutory requirements under these said Health and Safety Laws. Under the normal law you have to prove beyond a resonable doubt that the hospital was negligent when suing for compensation, but under Health and Safety Law, the hospital are presumed guilty and have to prove their innocence and therefore the burden is on the hospital to show that they complied with there obligation under these laws. If you would like any further advice on this matter with regard to pursuing this under Health and Safety Law then please do not hesitate to contact me at derek.butler6@btinternet.com and i will be pleased to help you in this regard. http://www.mailonsunday.co.uk/pages/live/articles/health/healthmain.html?in_article_id=356678&in_page_id=1774 9901
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Re: Finding a Solicitor to sue NHS
Reply #12 by linda mccafferty |
Posted: February 3, 2006 at 01:06 | |
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Dear Gaynor, my god 7 times how awful,if derek can help you in anyway he will derek is our main man as safety rep, for mrsa action uk, and is fantastic he knows his stuff i follow his threads,posts,advice,with great interest "ohhhhhhhh what would we do without our Derek" 9902
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Re: Finding a Solicitor to sue NHS
Reply #13 by Derek Butler |
Posted: February 3, 2006 at 22:48 | |
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Linda. Thanks for the vote of confidence and yes i will help anyone i can to sue the hospitals for allowing people to become infected with MRSA.It is not good enough for them to say that it is now endemic within the Health Care system,it has to be brought to their attention that they have a duty of care to the patients and to the relatives of those patients that they are treating. This was established under the Neighbour Law in the case of Donoghue V Stevenson 1932 were it quite clearly states that they "must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."this quite clearly shows that the Doctors and Nurses who work in our Health Care System do have a "Duty of Care" to ensure that they must take every precaution to avoid anything that they do that might cause someone to contract an infection such as MRSA. Again i will help anyone on here of those that will post here in the future to try and get justice for themselves and their loved ones if i can,i owe that to my Stepfather who died Profusely Infected with MRSA and to the others that i have become friends with on this web site. I was so sorry to hear about the loss of your mum,and if there is anything that i can do to help you and your family,then plese do not hesitate to contact me at my email address.You take care. Love Derek.xx 9932
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Re: Finding a Solicitor to sue NHS
Reply #14 by Phip |
Posted: February 4, 2006 at 13:54 | |
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The difficulty here is that the law of negligence, as per the precedent set by Donaghue v Stevenson exampled above is based on that good old legal measure of "reasonableness". This gives a good cop-out to lots of cases (not just medical) because the term "reasonable" isn't cast in stone and is a fluid term. I'm not so sure that Kitty Cope successfully sued the NHS either - the way I understood it she settled out of court. Another great legal cop-out that allows a defendant to "buy-off" a case without a legal verdict being reached. Whilst it is understandable that an out of court settlement can bring to a close a protracted legal case and financially compensate the victim (or their family) it lets the hospitals off the hook in that nobody has been found guilty over such a case in a court of law. It would be fantastic if we could have a case where a verdict was reached in court and damages awarded as this would then set a precedent which hopefully could be followed by others affected in the future. 9942
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Re: Finding a Solicitor to sue NHS
Reply #15 by Maria |
Posted: February 4, 2006 at 14:50 | |
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A landmark case has been brought by the CPS, charging Southampton University Hospitals NHS Trust under Section 3 of the Health and Safety at Work Act. Healthcare professionals are worried about the implications of prosecution under the Health and Safety at Work legislation. It is well documented. The Health and Safety Executive is the enforcing agency for the Health and Safety at Work Act, including the whole hierarchy of risk assessments, if healthcare institutions are not carrying out risk assessments and putting remedial action into place, it will only be a matter of time before a landmark case will be successful. 9943
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Re: Finding a Solicitor to sue NHS
Reply #16 by linda mccafferty |
Posted: February 4, 2006 at 16:40 | |
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is that maria cann if it is........ iv missed you maria, 9947
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Re: Finding a Solicitor to sue NHS
Reply #17 by Maria |
Posted: February 4, 2006 at 16:55 | |
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Hi Linda Yes it is me. I've been offline for a while with no access to a computer, but that's changed now, I'm still on my old email if you need to contact me. I was so sorry to hear about your mum, if there is anything I can do, if only to listen then please do get in touch. Love Maria x 9948
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Re: Finding a Solicitor to sue NHS
Reply #18 by moya |
Posted: February 4, 2006 at 19:59 | |
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I am aware of the CPS taking southampton Gen on 5 counts of breaching the H&S act the verdict is still not in yet and there has been No mention of the young mans family being awarded anything. Unfortunatly the HSE do NOT act where the NHS is concerned they pass the buck to the HCC who still cannot take action towards accountability or compensation. 9951
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Re: Finding a Solicitor to sue NHS
Reply #19 by Maria |
Posted: February 5, 2006 at 12:34 | |
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The Healthcare Commission have requested a high level meeting with the Department of Health and the Health and Safety Executive to stop the buck passing. It is up to us as victims to make sure they do not get away with passing the buck and to keep pushing for our cases to be considered by the Health and Safety Executive where it is clear that the Health and Safety at Work Act has been breached. It is something I intend to carry on fighting with, and I would encourage anyone else to do the same. Contact the Health and Safety Representative of MRSA Action UK at derek.butler6@btinternet.com 9965
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