TVT Procedure Compensation Claims: How To Beat The Initial Time Limit14th Jun 2017
Personal injury claims are normally subject to a three-year ‘primary time limit’. This also applies to medical negligence cases.
But what if you didn’t have full knowledge of the negligence until after three years? In cases like this, your claim could still proceed based on ‘date of knowledge’.
Claiming Compensation After Three Years
As stated above, the usual rule is that injury claims are limited to within three years of the initial operation.
But that three-year period would not begin to run until you had sufficient knowledge of the medical negligence involved, namely:
- the injury was significant
- the injury was attributable in whole or in part to the alleged negligent act
- the identity of the negligent defendant.
Medical negligence victims may not have realised the cause of their suffering at the outset. They may have put their symptoms down to other factors.
This is not uncommon in cases where Tension-Free Vaginal Tape has been fitted incorrectly or has broken up inside the body (leading to nerve damage, fistulas, bleeding, discharge, scarring and auto-immune problems).
Just recently I spoke with a victim from Gillingham in Dorset who had suffered pain for 10 years since her failed TVT operation in 2007. We are helping her to claim damages.
Our solicitors have a good success record in persuading judges that compensation claims like this should proceed – even though the three-year primary time limit has long since passed.
Helping TVT Surgery Victims All Over The Country
More women than ever are contacting us after their TVT operations went wrong. Botched surgery has left them in constant pain and made sex impossible for them.
The number of calls we are receiving is increasing due to growing media publicity about failed TVT procedures all over the UK.
TV coverage and newspaper articles are prompting more and more women to question:
- whether the surgery they had was really necessary
- whether a less invasive procedure could have been used
- why their operation failed.
Some women now realise that the consent they gave for their TVT operation was based on insufficient or incorrect information – giving them grounds to claim compensation for negligence.
Why Did My TVT Operation Go Wrong?
This is the prime motivation for most victims when they consider legal action: what went wrong? And how can we stop it from happening to other women?
They want an apology from the health authority, for someone to be held accountable and genuine assurances that better safety protocols will be put in place to protect other patients.
Nobody wants to sue the NHS but its negligence has left some women with no choice. They are no longer able to work because their injuries are so severe.
They claim compensation because they need treatment and care to help them recover and come to terms with what has been done to them.
Compensation payments for failed TVT procedures are in the region of £70,000 – even before loss of earnings is taken into account.
Six-figure damages payouts are possible if a victim’s career has been cut short.
Claiming For A Failed TVT Procedure
Find out more about claiming compensation by contacting Coles Miller Partner Lydia Barnett, a medical negligence solicitor who specialises in TVT cases, 01202 355695.