Long term medical malpractice/negligence

nooneinparticular

Hi everyone,

I was wondering if I could get some advice regarding a case of medical malpractice/negligence.

I am 39, female, autistic, and with communication difficulties. At the age of about ten, I was prescribed antibiotics for about seven years, which left me with gut issues. I was subsequently prescribed laxatives for a further decade, from approximately age 17 to 27. Over the course of those 17 years I developed IBS, hypothyroidism, partial alopecia, PCOS, insomnia, anemia, rosacea, and cognitive issues. In addition to those, I have have gone on to develop fibromyalgia, CFS/ME, and premature ageing.

Never in those 17 years were I or my mother informed of the dangers of long term antibiotic and laxative use, or advised to quit them. These issues have caused, and continue causing, prolonged psychological distress and physical debilitation, which have resulted in the inability to lead a normal life. They are still continuing to worsen, to the extent I require care from my elderly mother, who herself has several health conditions. During my mobile periods I am also required to care for her. 

I've spent the last decade trying everything within my financial means to cure myself, all to no avail. My father died recently, unexpectedly, due to what my mother and I believe could be another case of medical malpractice/negligence/mismanagement, which has caused my illnesses to flare worse than ever. I am at my wits end, and have considered taking my own life several times (although would be unlikely to go through with it on account of my mother).

ETA: As I am well past the statute of limitations, will there be any solicitors prepared to take on my case, especially on a no win no fee basis? Do I even have a case to begin with?

Any advice would be much appreciated.

Thanks. 

chiarieds

Hi @nooneinparticular - & welcome to the community. I'm sorry to read about all the problems you are facing.

With medical negligence cases, as you realise, ordinarily you would make a claim within 3 years from when you believe the negligent act(s) occurred, so I think you will have difficulty finding a solicitor to advise. It may also be very difficult to prove with it going back nearly 20 years. Your GP, if they're still practising, could say that they discussed any potential side effects with your mother, but that wouldn't necessarily get into your medical notes, so how to prove they didn't say anything all these years later?

I do know how difficult medical negligence cases can be, as a friend of my husband asked me to look into his case less than 3 months before the 3 years were up. His solicitor's medical expert couldn't see that there was a case to be made. However I did manage to find a reason, but even then his solicitors wouldn't proceed unless they felt they had an 80% chance of winning. Fortunately they felt able to proceed & an offer was made by the hospital, which was at fault in this case, before it reached court.

However, many solicitors will give a free 30 minute consultation, or perhaps a shorter time by phone, so you may decide to try this if you find a firm that has a solicitor specialising in medical negligence. You could try searching for one here: https://solicitors.lawsociety.org.uk/

Wilf60

Hi nooneinparticular. Your story is a very sad one and I feel for you.

As mentioned above there is generally a 3-year time limit.

However, it is not set in stone when the 3-year period is triggered. Both sides may have a different view of the trigger date. It could be when you became aware that you had been negligently treated. I have no idea if this would apply to you but it is a possibility.  The start point could be when you developed fibromyalgia, CFS/ME, and premature ageing (what would be known as a detriment) which was directly due to the negligence of keeping you on long term anti-biotic and gastric medication when you were younger.

As stated above that would not be easy to prove. If I were you, I would research the subject and see if there have been any studies into the effects of long-term use of those drugs and any link to fibromyalgia, CFS/ME, and premature ageing?

You can also request access to your medical records to see if there is any evidence?

Getting representation can also be a hurdle. By the rule of thumb, no win, no fee solicitors like the low hanging fruit. That way they get to do the least work and receive the maximum return. They are a business, end of. Therefore, you have to make yourself as attractive to them as possible. 

1. You must be damaged by the negligence (fibromyalgia, CFS/ME, and premature ageing)
2. You must have a realistic claim (a link between long term drug taking and your damage and possibly medical evidence)
3. At the very least it must be less than 3-years since you became aware of the link and/or development of fibromyalgia, CFS/ME, and premature ageing

If you can get over these hurdles and a solicitor takes up your case, they would then ask for a specialist report. If they back your point of view then you have a case.

There is a lot of hurdles to overcome, and frankly if you did overcome them then you would be amazing. I will leave it at that, although I speak from experience due to a medical negligence claim I made.

sofiathomas

Hi @nooneinparticular  I'm sorry to hear about your experiences. It's understandable that you're looking for answers and considering taking legal action.

Given that you mention being well past the statute of limitations, it may be difficult to find a solicitor who is willing to take on your case, particularly on a no win no fee basis. However, it may still be worth consulting with a medical negligence solicitor to discuss your situation and see if they think there is a case worth pursuing.

It's important to keep in mind that medical negligence cases can be difficult to prove and require a lot of evidence, so it's not a guarantee that you would be successful in any legal action. Nevertheless, speaking with a solicitor can provide you with a clearer understanding of your legal options and whether pursuing a case is feasible. 

If you're struggling with your physical and mental health, it's important to seek support. You can reach out to mental health charities or organizations that provide support for people with specific medical conditions, and they may be able to offer guidance and advice. It's important to prioritize your well-being and seek the help you need to manage your symptoms and improve your quality of life.

Hannah_Alumni

Hello @sofiathomas

Just to let you know, I had to remove the link from your post as it wasn't working. 

Cartini

sofiathomas said:

Hi @nooneinparticular  I'm sorry to hear about your experiences. It's understandable that you're looking for answers and considering taking legal action.

Given that you mention being well past the statute of limitations, it may be difficult to find a solicitor who is willing to take on your case, particularly on a no win no fee basis. However, it may still be worth consulting with a medical negligence solicitor to discuss your situation and see if they think there is a case worth pursuing.

It's important to keep in mind that medical negligence cases can be difficult to prove and require a lot of evidence, so it's not a guarantee that you would be successful in any legal action. Nevertheless, speaking with a solicitor can provide you with a clearer understanding of your legal options and whether pursuing a case is feasible. 

If you're struggling with your physical and mental health, it's important to seek support. You can reach out to mental health charities or organizations that provide support for people with specific medical conditions, and they may be able to offer guidance and advice. It's important to prioritize your well-being and seek the help you need to manage your symptoms and improve your quality of life.

Hi - the original poster hasn`t been online since Apr 22, 2022.