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Question Re Solicitor

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thelewisgang | 12:13 Thu 06th Dec 2018 | Law
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Is it possible to claim from a solicitor? I will explain & apologise for my long post. I was told by a local solicitor a few years ago I had a good claim for clinical negligence following a hand operation. All the paperwork was put in place & I gave them pages of paperwork I had kept recording all the details of the problems I had experienced. I then went on to have a second operation but that was only successful for a few months so I returned to see the 2nd surgeon who then told me he wasn't prepared to do anything more as in his view my problem was all in my mind "supratentorial origin" as he put it. When the solicitor received this information they threw out my case which was against the first doctor (not surgeon) who performed it. I have spent the last three years with a claw like hand & extensive pain. When I saw my GP some 18 months ago he referred me to an orthopedic surgeon (different area as I had moved home) & after many months of tests, x-rays, ultrasound & MRI scans, group meetings with consultants etc I finally had surgery two weeks ago. They performed left ring & middle fingers flexor tendons lengthening & tenosynovectomy + left ring & middle fingers MCPJ extensor tendon a realignment. I still believe (& was told this) I had a good chance of a claim until the solicitor decided otherwise. So my question is do I have any redress against the solicitor? When they notified me they couldn't continue with the claim, I asked if I could see an independent assessor but was told no. Thank you for taking the time to read this & I look forward to any replies

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Yes it is possible. It really depends though on the terms of the retainer. Solicitors do not "throw cases out". They can only advise on the prospects of success. You should see another solicitor who specialises in professional negligence. However, they can only go on the evidence provided. Was this a no win no fee by any chance? The problem with that will be...
12:18 Thu 06th Dec 2018
Yes it is possible. It really depends though on the terms of the retainer. Solicitors do not "throw cases out". They can only advise on the prospects of success. You should see another solicitor who specialises in professional negligence.

However, they can only go on the evidence provided. Was this a no win no fee by any chance? The problem with that will be their ability to terminate the contract.

Seek specialist advice.
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Thank you. I apologise for using the term "throwing out the case" which was wrong!

Yes, it was on a no win, no fee basis.

I appreciate you taking the time to reply

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