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Hello Room :-) I would like to take a civil action against a vascular surgeon.

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  • 28-01-2023 6:06pm
    #1
    Registered Users Posts: 38 JayMcS


    Please Help me to get more time,

    I cannot get a solicitor to even send the summons to him for me.. I am approaching statute barred in April 1st.

    I would like to send the summons myself to extend the deadline by 12 months...

    I am not sure of the steps involved or the exact summons type to send.. It a Surgeon in the beacon he did an operation on me without permission, an then told me he did nothing to me.. I have a signed letter from him stating same.. say's he jus looked at the scan an found noithing wrong an then did nothing.. I was in a lot of pain after the op an I did not believe this.. so I requested a data dump from the beacon.. an I have him doing a procedure on me that I still don't know what it was to this date.. or understand.. but my health has been deteriorating ever since.

    It was on 1st of April 2021 (no joke)... I would like to summons him myself..

    I am going up the north of Ireland for a 2nd opinion and a Docotors report from an neutral UK Vascular specialist... I hope to get better an also I hope to get evidence.

    I am outraged, he took my health from me.

    All help is greatly appreciated,

    Jason



Comments

  • Registered Users Posts: 1,388 ✭✭✭Lenar3556


    You could chance Enoch. He would surely get it off the ground for you.

    Might do a good cash deal.



  • Registered Users Posts: 23,949 ✭✭✭✭Larbre34


    Probably not a great plan to go around defaming the Beacon, friend. That's Mr. O'Brien's hostable and he doesn't take kindly to badmouthing.



  • Posts: 5,121 ✭✭✭ [Deleted User]


    How many solicitors have you spoken to?



  • Registered Users Posts: 552 ✭✭✭awsah


    why do you need to extend the statute, just go in tomorrow and file the summons and it stops the statute. two year statute is for personal injuries, if you are going down that route you have to go through PIAB and you can do that yourself online and once they acknowledge receipt that stops the statute, you have plenty of time before April 1 to get this done.





  • Why won’t a solicitor entertain you? Do you have all your facts together? Cos, going by what you’ve posted here I can’t make head nor tail out of it. All I seen to read is you went in for some surgery, woke up in pain and surgeon said he didn’t operate on you at all? Nothing adds up here to make any sense at all. By all means request your records from the hospital to see precisely what the diagnosis was and what procedures were carried out.



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  • Registered Users Posts: 4,801 ✭✭✭griffin100


    PIAB don't deal with medical negligence claims.



  • Registered Users Posts: 38 JayMcS


    @Larbre34 Well its my truth. I could name the surgeon that operated on me without my permission and then lied about it afterwards too.. but I decided to just mention the Hospital it happened in.. in truth the hospital is not at fault the hospital did nothing wrong.. its the surgeon that did. So I am not blaming the Beacon.. on the contrary they made the surgeon sign a form I didn't see until the data dump saying he outlined all the details of the operation to me and the risks involved as well, which he also signed an lied about. As I say the hospital is not really at fault here they did their best to make sure he did his job right. Could of done with some more oversight to be honest.. many eye's would of been better as no one was checking his work (the surgeons).. or making sure he was doing things right. In hindisight I would of been better off going private in Jamese's as there would of been more sets of eye's on what was going on.. hindsight is 20/20 vision.

    @awsah Is that the best route do you think as someone said PIAB don't do medical negligence ? I am afraid to make a mistake I would like to put the summons in myself but I need information... what type of summons... I'm afraid I may make a mistake I can't correct afterwards.

    @[Deleted User] Well I been through a good few.. .the no win no fee ones will not take it on as its not a guranteed win they say.. an now the one who was gonna charge me to do it is saying not enough time left.. but I spoko to another that refused no win no fee who saud it only takes 2 weeks to summons him. So I dunno why they wont do it. I have rang many an offerred cash. I dunno why I cannot even get someone to summons him for cash an then leave it in my hands even.. .

    @griffin100 Who does if PIAB don't ? If you have any more info pls do elaborate. How do I go about summons him & what type of summons is required for medical negligence please ? Do I goto the four courts to file ? As I say I'm afraid to make a mistake that cannot be rectified afterwards. Thanks

    @Lenar3556 Enoch? Who is Enoch, is it solicitor ? How do I reach by phone ? Is it in UK ?

    I have tried a good few solicitiors.. the one that was taking me seriousy now says not enough time.. not sure why as another told me it only takes 2 weeks to send the summons...

    All help is greatly appreciated.... information is power.. .so please hit me with as many details on solicitors an on summons info as poss... where do I go to do it myself, what type of summons is there a certain type i need to do.. where do I send it.. Where can I phone for more information even.

    Who's Enoch ? Sorry I don't find that name familiar is a solicitor or a person or an organization. Is it Enoch Evans in the UK ?

    Cheers,

    Jay

    Post edited by Boards.ie: Paul on


  • Registered Users Posts: 243 ✭✭chunkylover4


    You will need a supportive support from a vascular surgeon at a minimum in order to get a no win no fee solicitor to take it on. If you proceed as you intend you will ultimately lose a lot of time and potentially some money pursuing something that will have no reasonable prospect of success without a good solicitor overseeing it. If you have your medical records already, your best bet is to approach a solicitor and ask them would they be willing to obtain a report (that you will pay for). From what you describe it is difficult to understand how he did a procedure on you without consent yet the procedure can't be identified.



  • Registered Users Posts: 38 JayMcS


    My question is how do I put the summons in ?

    I just neet to summons him right now, does anyone know how to send the summons please ?

    I will sort out the rest in time.. but right now I jus need to put the summons in so can someone tell me how to proceed to put the summons in please ?



  • Registered Users Posts: 243 ✭✭chunkylover4


    It depends on what level of damages are sought. This is not a straightforward thing to do for a lay person. If High Court, you need to file a Personal Injury Summons use from 1 from Order 1A of the Rules of the Superior Courts. Link here:

    Once the Summons is completed you will need to have 190 euros in stamp duty put on it in the stamping office before it is filed and ensure you have three copies ready to be stamped when filing. You may also need an appointment in the central office of the high court.



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  • Moderators, Business & Finance Moderators Posts: 10,171 Mod ✭✭✭✭Jim2007


    The very first thing you need to do is to improve your memory! In your first post you said you could not get a solicitor to act for you and now you had an estimated of to weeks from a solicitor…. Except you don’t want to pay…. When even you don’t have sufficient conviction in your story to be willing to get the job, don’t be surprised if no one else does.

    Post edited by Boards.ie: Paul on


  • Posts: 0 [Deleted User]




  • Registered Users Posts: 552 ✭✭✭awsah


    noone on here can give legal advise and that is essentially what you are looking for, if you need advice on how to serve a summons maybe contact FLAC or go to your local court office.


    how much in damages are you seeking, anything about €60,000 for a personal injuries action is in the high court.


    PIAB might not assess a medical injuries claim but you might still need their authorisation to pursue it, did any of your solicitors you talked to mention that?

    a summons might only be served in two weeks but maybe the solicitor you spoke to didn't have the time right now and it is a big risk to take on a case so close to the statue, why don't you try calling every solicitor you can.



  • Registered Users Posts: 1,193 ✭✭✭Packrat


    If I were you I'd start googling till you find another medical negligence case which was reported on in the papers and take note of the solicitors acting for the plaintiffs.

    They would be more likely to take the case. Especially if they won previously.



  • Registered Users Posts: 38 JayMcS


    @chunkylover4 Thank you very much for your help :-)

    I'm heading the UK for a 2nd opinion and a Doctors report on Feb 28th... I will know more then and I may have a stronger case then also, as I say something is very wrong with me. He injected something into my veins with a catheter, into four diff veins then the rest of them swelled up. There is a large vein swollen in my chest cavity coming out from under my rib cage. I had shortness of breath a couple of weeks ago.

    Thanks for the help,

    Jay

    PS @Jim2007 I could not get a "no win no fee" solicitor to take it on.. but I had another one I wanted to pay that said we ran out of time with only jus over 2 months left to put the summons in.. Although I heard from another (no win no fee that didn't take it on either) that it only takes about 2 weeks to put in the summons to get more time. Hoping to be in a better position when I get the doctors report.

    Post edited by JayMcS on


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