Any soliciters on here. Urgently need advice

[Bethsmummy]

I realise it's a long shot but is there a solicitor on here. Or someone very up to speed with the law. I really need some jargon busting & some advice on a claim that my solicitor has just dropped. I'm told by my solicitor the proceedings have got to be served by Nov 11th & she's only decided to tell me today (and only because I called for an update) she has to drop it & someone else would have to serve proceedings by Nov 11th

 

Of course no one else wants to know at such short notice. Please if I'm at a lost cause I want to know. Could I ask for an extension of limitation? How would I do this myself without a solicitor representing me?

[BIGDINNERS]

Dont drop the case without the written consent of your current solicitor,you may get a hefty bill from your current solicitor for dropping the case,even though your solicitor has asked you to do it.

its an age old scam:suspect:

[ECCOnoob]

You need to find out if the court papers have already been issued by your solicitor.

 

If they have not then you can issue them yourself and ask for them NOT to be served. The Court will log and stamp the papers giving them back to you to serve on the Defendant. This will give you four months in which to do so protecting your limitation position.

 

However, if your solicitors have already issued but not actually served the only thing you can do is make an Application to the Court to seek an extension on the service. You will need to give them valid reasons why and seek an alternative solicitor who may be willing ot take on the case.

 

As for why your current sols are dropping it - you need to take it up with them. They may have vaid reasons why they are doing so - are they acting on a no win no fee or are you paying them?? If they are on a no win no fee then they might not think the case has sufficient prospects to Trial. If so, then they have no choice but to drop it now and stop incurring further costs.

 

As for why they have left it so late - you again need to discuss with them. They may have been awaiting a response from a Barrister and have only just received their Advice or they may have had some recent papers from the other party damaging your allegations or credibility.

 

Its gonna be difficult for anyone on here to give you the advice you need without the full story. You need to speak to your solicitors ASAP and find out exactly why they are dropping your case.

 

---------- Post added 29-10-2013 at 12:29 ----------

 

Dont drop the case without the written consent of your current solicitor,you may get a hefty bill from your current solicitor for dropping the case,even though your solicitor has asked you to do it.

its an age old scam:suspect:

 

What?

 

Are you saying that a solicitors advises you that they are no longer able to act and you follow such advice without written consent, they will scam you and charge you anyway? How does that work?

[poppet2]

I realise it's a long shot but is there a solicitor on here. Or someone very up to speed with the law. I really need some jargon busting & some advice on a claim that my solicitor has just dropped. I'm told by my solicitor the proceedings have got to be served by Nov 11th & she's only decided to tell me today (and only because I called for an update) she has to drop it & someone else would have to serve proceedings by Nov 11th

 

Of course no one else wants to know at such short notice. Please if I'm at a lost cause I want to know. Could I ask for an extension of limitation? How would I do this myself without a solicitor representing me?

 

I've sent you a pm.

[Moosey]

I realise it's a long shot but is there a solicitor on here. Or someone very up to speed with the law. I really need some jargon busting & some advice on a claim that my solicitor has just dropped. I'm told by my solicitor the proceedings have got to be served by Nov 11th & she's only decided to tell me today (and only because I called for an update) she has to drop it & someone else would have to serve proceedings by Nov 11th

 

Of course no one else wants to know at such short notice. Please if I'm at a lost cause I want to know. Could I ask for an extension of limitation? How would I do this myself without a solicitor representing me?

 

A couple of things...

 

Firstly, I'd not take any case so close to limitation as a general rule. If liability is denied, not a chance. It's too risky.

 

Limitation is a defence - that's a mistake quite a few people seem to make - meaning it's only an issue if it's raised by the Defendant. It's certainly a problem, if liability is denied, and unless you have a very nice Defendant (or a useless one), they'll notice it and plead it, purely because your claim is then barred. You can agree to extend the limitation period with the Defendant, although again, it's something I would never, ever, ever do.

 

There's potentially an argument under S33 of the Limitation Act, to dis-apply the limitation period, however in this post-Jackson world, the Judges, particularly in Sheffield, are being very difficult, and again, it's something I wouldn't go for. If you agreed to extend the limitation period, and the Defendants then went back on that, the S33 argument becomes slightly more valid, but all these are very risky indeed.

 

Is liability admitted? What type of claim is it?

 

If proceedings aren't issued, as has been said, whack a claim form in at Court, mark it that you want to issuing but not serving, then find a friendly lawyer. Alternatively, complain to your current firm and insist that they do exactly that, or you'll go to the Ombudsman. I'd put money on them doing it. You then have four months to serve everything, including particulars of claim, medical report etc.

 

I have to say, turning down a claim two weeks pre-limitation is very poor indeed, and I'd be getting roasted from our partners if I did that.

[Bethsmummy]

Thanks for your reply. I feel my solicitor has seriously let me down.

 

On 12 March 2010 a major medical blunder was made against me & my daughter. I was 26 weeks pregnant (with a history of a 24 week premature birth) I went to my doctors with contractions & discharge & proceeded to tell her I was certain I was in premature labour again. Without any examination or tests she diagnosed me as having a yeast infection due to the discharge & ligament pain. She sent me home with a prescription for thrush treatment. I continued my day as normal lifting shopping bags & other strenuous work wanting to desperately believe the diagnosis but still in severe pain.

 

At 9pm that evening (12 hours after the doctors diagnosis) I attended hospital labour & delivery still in intense pain & was immediately diagnosed as in established labour. 12 hours later my daughter was delivered 14 weeks early an extremely sick.

 

I felt such horror at the misdiagnosis/negligence I wanted to take a case against my GP surgery.

 

I contacted a solicitor who was happy to take on a medical negligence case & to date she has been dealing with it. Although taking months at a time to send off just one letter. I trusted her.

I was told at the beginning of this year that the case was going to a barrister & this was the last point the case could fail. If he decided it was a solid case It would proceed. He gave it a high chance of success & so as I believed it was proceeded with.

 

Finally after months of no/little correspondence I demanded some time scales on the case. I think only then she realised time was short.

 

I was sent to a medical expert in August. The consultant explained afterwards that the medical report would be sent to my solicitor within 2 weeks.

 

6 weeks later in mid September, after no correspondence I contacted my solicitor & was told she hadn't received the report & would chase it up, then contact me the next day. It has taken from that call in mid September until today for me to get hold of her again. I have made tens of calls over the past few weeks leaving voicemails & requesting urgent callbacks from her secretary to finally speak to her today.

 

Today she chooses to tell me that despite the medical professional admitting the doctor I saw was completely negligent, gave me a complete misdiagnosis, no correct care given, mishandled the whole situation- the fact that my placenta abrupted in the last 3 hours of labour means the outcome wouldn't have changed.

 

This is infact completely wrong, he has stated in his report that when I presented to my GP at 9am on 12 March I was presenting with the symptoms of placental abruption. I dispute this entirely. The first bleeding I had was around 5am on the 13th March -a whole 20 hours after seeing my GP. Had the premature labour been slowed (possibly even stopped) earlier, then the abruption would've been prevented too. The only signs of placental abruption is acute bleeding which I did not present with.

 

My solicitor had informed me today that the final date for proceedings is 11th November and she cannot continue due to the no win no fee policy being pulled due to the medical findings (something I didn't know previously) and my only chance of continuing now is a second opinion from another solicitor. As if any solicitor is going to work on a 13 day timescale. How can I defend these medical findings in 13 days. It's all impossible.

 

I blame her wholeheartedly due to leaving the medical too late & getting the report too late.

 

My very last hope is my household insurance cover but it's going to take 3 days for these to contact me regarding the situation.

 

Would there be any chance in bringing a claim against the solicitor for negligence. But I suppose given the chance of (supposed) failure of the original case a new solicitor would not take this on.

 

I am gutted. Me & my daughter both nearly died from the incompetence of that doctor that day & she has walked away unscathed. Never had to answer to her actions. That is worse than loosing the case.

[Minimo]

It sounds to me as though you have a negligence case against the solicitor as well as the gp.

We put ourselves in the hands of professionals and expect them to do a good job. Neither gp nor solicitor has done that.

[Gleadly]

Have you tried the CAB?

 

Clearly they can't take on the case for you, however, they might be able to tell you

 

(a) how to progress your case

and

 

(b) how to report your case to the http://www.lawsociety.org.uk/get-in-touch/complaints/

[Bethsmummy]

Its affected me & Ellies health & life enormously. Ellies very ill health after birth left me with post traumatic stress disorder. I don't think I'll ever completely come to terms with what happened, added to which Ellie does have ongoing health issues from her prematurity. All of which could've been improved possibly even prevented if I'd had the correct & prompt treatment.

 

I cannot believe the law can accept that negligence & failure was indeed to blame but better treatment wouldn't have changed the outcome.

 

For a start my daughter suffers very severe asthma/chronic lung disease & has had many many hospital admissions for this. If I had received the correct treatment 12 hours before I did, Ellie would've received 3 doses of steroids for her lungs instead of the one she actually had. This would've vastly improved her lung health.

 

So so appalled that this doctor will never be held responsible for her actions. Put me back in a dark place.

[Jeffrey Shaw]

12 March 2010: the three year limitation period must surely have already expired. So what is the significance of 11 November?

The period runs from the 'cause of action' usually, i.e. the date of the negligence.

BUT it's possible to extend it. No, I don't handle litigation- so I've no idea how.