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Original poster

Solicitor coming to see me Mon. Am I doing the right thing??

26 replies

ntt · 09/03/2006 16:53

It's happening a bit quickly, only called them on Tuesday to test the water....

It's about the management of my labour. I haven't told dp. Am I doing the right thing do you think? I have to sign green forms as it's ds's case and he's entitled to the help as he's under 18 (he's 8 months)

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Twiglett · 09/03/2006 16:55

is your story somewhere?

buzylizy · 09/03/2006 17:00

Yes you are.
We started dd's "case" when she was 5(wish we had done it earlier) still not sure what the out come will be but at the moment it's 70% in our favour.
These things take years and even if at the end of the day you don't win at least you will have tried, I have found although it is hard sitting for an hour straight talking about the hardest thing I have ever been through at least I have had some answers.
Was your solicitor recommended to you?

Original poster
ntt · 09/03/2006 17:01

\link{http://www.mumsnet.com/Talk?topicid=1373&threadid=143623\here} is the most relevant one I think

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Original poster
ntt · 09/03/2006 17:03

Hi BL, no, I did a search under cerebral palsy lawyers on Google and their website seemed ok

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Original poster
ntt · 09/03/2006 17:06

I had quite a long discussion on the phone with them on Tuesday, the partners meet on Thursdays to see who they'll consider taking on. I was expecting to be rejected to be honest, so was quite suprised to get the phone call. hope they're good. I should've asked you to recommend someone shouldn't I?

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TearsBeforeBedtime · 09/03/2006 17:06

Used to be a solicitor (civil litgation including Personal Injury, but not medical negligence) before I had DS. I echo what buzylizy says - if you do decide to take legal action it will be the start of a very long process, not least because if your child's case is good, then it's best to wait until your child's prognosis is reasonably clear to allow for an accurate level of payment that reflects your child's needs say re:care, adaptations, that sort of thing.

In medical negligence cases a lot hinges on medical expert opinions, so it will probably be very difficult for the solicitor to give a view as to likely prospects of success before commissioning and receiving an expert report.

TearsBeforeBedtime · 09/03/2006 17:08

The firm Alexander Harris have an excellent reputation.

Original poster
ntt · 09/03/2006 17:10

I know it's going to be long process. He hasn't even had a proper diagnosis yet, just "possible" cp.

By signing green forms, does that prevent me from approaching another firm should I not get on with this one?

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Original poster
ntt · 09/03/2006 17:11

Have you heard of Leigh Day?

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TearsBeforeBedtime · 09/03/2006 17:13

Yes, they also have a very good reputation. Not sure of the exact technicalities of civil legal aid these days but am sure that signing the green forms wouldn't stop you being able to instruct another firm of solicitors.

desperateSCOUSEwife · 09/03/2006 17:14

have done this and the reports are not favourable
even though solicitor thought it was a dead cert
my treatment was disgusting yet they can find nothing negligent
am going to see if I can have second opinion but dont know what outcome will be

if you do this be prepared for many tears, as it is very upsetting reading the reports
it brings back painful memories
also things you never knew that happened
also alot of lies from the medical profession
as they cover their backs

I received report last week and I was in pieces, still am.
You have to be strong.

hope this does not happen to you
good luck
xxx

Original poster
ntt · 09/03/2006 17:14

PHEW! Thanks x

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Original poster
ntt · 09/03/2006 17:18

That phew was to TBB

OMG DesperateScousewife - I remember very well your story. I cannot believe you've had a knockback - especially as I thought they'd admitted negligence!! I know you don't like to discuss it, but just want you to know I'm so shocked for you and I hope you have strength to keep going with it x

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TearsBeforeBedtime · 09/03/2006 17:19

you might find it useful to look at the "AVMA" website - www.avma.org.uk, the Association for Victims of Medical Accidents.

TearsBeforeBedtime · 09/03/2006 17:19

you might find it useful to look at the "AVMA" website - www.avma.org.uk, the Association for Victims of Medical Accidents.

sparklymieow · 09/03/2006 17:21

Have you got a dignosis yet?? TBH I would wait, I have 2 kids with CP and yes, I have many reasons to sue the hospital but it won't change things. I really would wait until you know exactly what you are up against, and then decide

Original poster
ntt · 09/03/2006 17:25

Thanks for the link. I wish I didn't have to do this at all. I have to know I've done all I am able to to help ds and give him the best quality of life I possibly can.

It's going to be difficult telling dp. I guess I have to though before I sign the forms.

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Original poster
ntt · 09/03/2006 17:26

Hi Sparkly, I did say that to them when I called them on Thursday, but they said the earlier the better. I was just curious really when I called, especially after looking at SN childcare costs.

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sparklymieow · 09/03/2006 17:30

But ATM you don't know how your son will be affected, how much care etc he will need, whether it will affect his chance of living a normal life, I know my DS will lead a normal life but DD1 will never be able to live alone and will have behaviour problems all her life. Please think about it, you don't need to rush it. You have until a child is 18 to sue the NHS and TBH it can take up to 10 years to get any compo from the NHS!

TearsBeforeBedtime · 09/03/2006 17:34

Agree with SM that you do have many many years in which to make the decision about whether or not to sue. IIRC it is 21 years - 18 year until the 3 year limitation period starts running.

Original poster
ntt · 09/03/2006 17:45

I know what you mean, that's what I thought too. I haven't even had the chromosome tests back yet. I did tell them this, so why would they not just tell me to come back in a couple of years or whatever do you think?

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buzylizy · 09/03/2006 18:51

just a thought but you could use the meeting to find out what you need to know about pursuing a case. Then at least if you decide to wait and do it at a later stage you will know what it involves.
I personally think it is best to start early. as I said before we waited until she was 5 But a friend started when her dd was a baby,it makes it hard when I see how much help she gets.
Even if you do decide to go ahead now. if it is like with me, It is so slow it was 5 years until we met the barrister and even now we are still waiting for reports to be done.

TearsBeforeBedtime · 09/03/2006 19:06

one possible reason i can think of that they may recommend starting the claim very early is if you have a very good case on liability the defendant may be willing to provide interim payments for medical scans/therapies that would be beneficial to the overall prognosis - i.e. reduce the ultimate settlement amount they are likely to end up paying.

Original poster
ntt · 10/03/2006 14:20

I called them today and left a message to postpone Monday because I couldn't bare to bring it up with dp. He's having a few days of being quite happy and enjoying ds and I didn't want to spoil it. The solicitor (a partner) called me back straight away so I asked her why it would be a good idea to start so soon. She said what you both have said - we could well get interim payments for extra care etc. She obviously knows a lot about birth trauma and cp and said that it does sound like HIE was the cause of his problems (we were told all along he suffered HIE until the neuro said it wasn't HIE a few weeks ago because the seizures occured too soon after delivery). She said that HIE can indeed happen that soon after delivery and was amazed that I hadn't had an emergency cs as soon as they discovered his heart rate had plummeted to 40bpm (they left me to push for hours after this). She seems to think we might have a good case and that they could admit liability quite soon.

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buzylizy · 10/03/2006 15:38

all sounds very positive. I do hope you can speak to dp soon