Is there a time limit on how long you can sue a hospital?My niece was starved of oxygen at birth?

Question

My sister in law was left struggling despite my brother in law telling them and my niece who is now 8 is mentally disabled and virtually blind.They have never complained and we as a family feel they have a case for compensation.They have never even had any respite care and we all worry as my sister in law has got MS so who will care for my niece?

Answer 1

First of all you have to PROVE negligence on the part of the hospital, I think after this length of time it would be impossible, even if they were negligent in the first place to prove that.

If you do want to pursue a claim, I suggest you contact this company who will give you free advice on whether it is worth pursuing.

http://www.myinjurylawyer.co.uk/accident...

I wish you well, God bless.

Answer 2

i agree with mummy 2 mia, sometimes these things happen, and its horrible. its a natural reaction to find a reason or someone to blame. talk to a dr and have him examine your niece and see if he can see a cause for her disability

Answer 3

im not sure of the answer to your question but im sorry for your situation, my aunty went through the same thing unfortunatly my cousin died...she was told she could sue at the time, but she chose not to.

Answer 4

Thats the kind of question you ask a lawyer.  They have to still have proof though, and those kind of things disappear over the years

Answer 5

Your sister in law needs to speak to her GP who can but the wheels in motion to give her assistance with her daughter and possibly respite care.

They should also speak with a lawyer, they will clarify if there is any valid claim and any time limits that apply.

Answer 6

I think it's up to 21 years,because the child can sue once she is an adult.Also mat units in the uk keep birth records for 21 years.

Go speak to a medical negligence solicitor and discuss your case.

Also get onto social services and make a fuss,your sister should have respite care. If she is so disabled she will already have a special need assessment and be in the system so it shouldn't be difficult.If it is

Speak to your MP.

Answer 7

I am sorry to here this...

Was in a similar position, but we never got to enjoy my daughter due to neglect by the hosipatal during birth  ( still born due to three weeks over ....as they had a backlog and no beds to induce my wife)

Sadly thousands of pounds spent in legal fees, and more heartache dragging up the past

Lost medical records,  all to much for us and we gave in

I spent, more money to go private for Chloe  to be born

All I can say is

Good luck  

Answer 8

Maybe Santa will!

Answer 9

you can sue whenever you want, however i know my nhs trust states that they are only obliged to answer queries on cases if proceedings start within 6 months or up to 12 months if starting to look in to this before then would have caused you an undue amount of stress or illness.

i feel in your nieces case unfortunately nothing will ever be proved now and  it doesn't necessarily mean the hospital were negligent anyway. childbirth is a very complex issue proving this now woudl be impossible.

Answer 10

Are you sure it was the hospitals fault?

I know a severely disabled little girl who was starved of oxygen at birth but it was at no fault of the hospitals. It was just a tragic incident.

If it was definately the hospitals fault, they were careless etc...then ther is no time limit to get compensation. i think you may need proof of it though.

I could be wrong.

Best wishes for your niece x