SA Wrong Operation on Baby - Personal Injury Case?

[twowrongs]

Just wondering - would there be a personal injury case for what I have to say?

A friend of mine, when her son was a baby had a small operation on his private bits to release some fluid from his scrotum. Now her son is 31 and his wife and himself have been trying to have a baby but with no success.

They have been going to a specialist to see what the problem is and why they cannot concieve, only now to find out that back when he had his operation, when a baby was given a vasectomy instead.

What can be done with this situation as now the surgeon has passed and the hospital no longer exists?

As you can understand they are very devasted on what has happened.

Hope you give some help, please

 

[Lance]

Hi,

I believe statue of limitation is three years for an adult and six for a baby for personal injury. But in situations like this, the statute of limitations is taken from when he found out. He would need to prove that the surgery cause the problem and that he only recently found out the surgery has caused this problem. Your friend's son should definitely speak with a lawyer and see what options are available.

 

[Graeme Kirkham - LawCall]

Dear twowrongs,

In South Australia, an extension of time can be granted by the courts, if a 'new material fact' is found, and proceedings are issued within 12 months of that 'new material fact' being discovered. Without getting too complicated, if for example the discovery of the incorrect procedure occurred within the last 12 months, then that may constitute a 'new material fact'.

You didn't mention, whether it was a public or private hospital. If the former, liability will rest against the State of South Australia.

 

[Rod]

May not be easy to prove negligence. It may be argued the vasectomy was the better of two poor choices doctors at that time had to make. Can't use medical knowledge as it exists today, but what was known at the time.