I had surgery ten years ago which went wrong. Although I was outside the time limit to claim compensation my case was taken up by a firm of solicitors. Now I’m told that, although the hospital was clearly negligent, it’s not possible to trace the surgeon involved and it would be risky taking my case to court.
The absence of the surgeon should not necessarily have brought your claim to a standstill. The limitation period doesn’t start from the date of your operation, but from the date you realised something was wrong, so you’re not necessarily out of time to bring a claim. Some solicitors are less willing to pursue cases where the outcome is uncertain. But if there was a clear case of negligence you should perhaps discuss taking your case elsewhere. Don’t delay though.