Should I seek legal advice? And where from?

[seh111]

Hi guys,
I had both of my tubes removed in feb 2008 as my private fertility doctor told me it was necessary in order to conceive with ivf. Even though I had a m/c in Aug 2006, I took his advice. After 2 laparoscopies (£8000 later) I was left unable to have a child the natural way.
In April, I discovered I was pregnant which was a real shock - a wonderful one! However, this means that I was pregnant during the operation - they never tested. It also means that I was able to conceive all along. Many friends and relatives have suggested that I seek legal advice but I don't know what to do. My husband and I are enjoying the pregnancy but we do want more children. I don't know what to do and I don't want to leave it too long in case I forget all the details etc. Where can I get some good legal advice? What do you think? I would be very grateful for any answers.
S x

 

[pixielou]

Hi Seh, that's amazing and unfortunate at the same time! I think you shoul look into the legal costings at least maybe see a solicitor for some advice see what they say as they can give you a much better idea!

You say that you don't want anymore children but can you really say that you will feel the same in 2,3,4 or fives years time. People do change their minds about these things and as you say while all the details are still fresh in your mind it would be the best thing.

Have you spoken to the hospital yet to find out what their take is on all of this? Maybe this would be good also to speak to your GP, Consultant or surgeon?

Well congratulations on your BPF and hope you get this resolved, keep us posted!!!! X

 

[hayz1981]

I can't believe that has happened to you, so sorry. But congratulations on your pregnancy - that's fantastic news.

I would think you would be able to get free advice from a solicitor and find out if you have a case, whether you could hire a solicitor on a 'no win no fee' basis etc. I don't know too much about it but really think you must have a case and that you should definitely get advice sooner rather than later, it may make a difference to the outcome.

 

[loopylew]

its definately worth asking for some legal advice, although its not left you infertile you could claim on emotional costs/time off work etc plus it was clearly negligence on their part when they didn't test you before doing the op, i think you've got a case anyway x

 

[seh111]

I have spoken to a solicitor since yesterday. They told me that once they have all my medical records from my NHS GP and the private hospital they will ask other doctors for their professional opinions. If they find that 10% or more doctors would have chosen a different course of action then we have a case. I'm still trying to decide whether or not to set the ball rolling - could be stressful and I'm about to become a new mum so I may leave it until a later date. Still unsure.

 

[Suzanne]

Your solicitor should be able to advise you hun but im pretty sure you have a time period in which to take legal proceedings in these cases, I am not 100% sure but I think it is 3 years! Check with your solicitor and if it is then maybe sit back enjoy your pregnancy enjoy the birth and perhaps the babys first year then look at claiming! I hope you make the right choice hun and goodluck with the pregnancy and whatever you decide to do!

 

[Suz]

Just wanted to give you a hug, say congrats and Best of luck. I hope you can get someone to help you with your case...

 

[tansey]

What a story - i'm so glad you got your BFP! Like Suzanne said, these things take time,so although it would be stressful it might not really get going until after you've had baby and if they are shown to be in the wrong they may settle without a battle! Good luck hun and keep us updated! xx

 

[seh111]

Thank-you. It really helps to know that other people do care x I think I may leave it until after the baby comes - after all, that's all I care about right now. I can't wait to be a mum!

 

[FJL]

OMG that is awful hun I don't understand why you needed to have your tubes removed for IVF. You don't need tubes for IVF. So why they would need to be removed I don't understand, not that i'm a doctor or anything but it sounds strange.

I'm pleased you've looked into legal proceedings, it sounds like a good idea but I think you've made the best choice to wait until baby comes before you proceed - your health is the main priority right now

 

[seh111]

The doctor told me that damage tubes are filled with fluid and this can be toxic for a growing embryo. However, I now wonder whether he was acting in our best interests or simply trying to line his pockets. If I knew that he did all he could for the right reasons then I wouldn't go ahead with any complaint.