make a claim on NHS for their medical negligence

Graham_Devon

rajakumar wrote:

We had our baby 2 weeks back during the labour they put in a swab to stop the blood and they apply the stiches and the swap should be removed after the stiches are done. They didn't remove it and my wife had a severe pain the last 2 weeks. yesterday she was not able to bear the pain and we went to emergency and they removed the swab and now she is feeling comfortable. This all happened due to the negligence of the doctor and the mid-wifes.
I'm planning to sue the doctor for his medical negligence. Has anyone made a claim to NHS or the know procedure how to make a claim against NHS ? any help would be appreciated.

Thanks in advance

Also, theres one thing that strikes me here. You say your wife was in pain for 2 weeks. However, it was only when she was in severe pain you got her to hospital to sort it?

That sort of thing would be dealth with instantly as soon as you said anything to the hospital.

Therefore, your saying you want to sue the NHS for their neglegance, but you didnt do anything about it while she was in pain until she couldnt bear it anymore?

It's not the kind of thing you sit around on while shes in pain. Unless of course, you want a case....

pink_phantom

Lets just hope all our kids don't try to sue us parents for all the mistakes we've made! Mistakes will always happen. It's called human error and no matter how much we try it won't change. THat's how we learn as humans, all through history mistakes have been made and have we learned. Probably not. My son will probably make mistakes just as I have!. When we solve one lot of mistakes, more just arise.

Graham_Devon

pink_phantom wrote:

Lets just hope all our kids don't try to sue us parents for all the mistakes we've made! Mistakes will always happen. It's called human error and no matter how much we try it won't change. THat's how we learn as humans, all through history mistakes have been made and have we learned. Probably not. My son will probably make mistakes just as I have!. When we solve one lot of mistakes, more just arise.

Did you know that if a burglar enters your house and injures himself on something while in your house, he can legally sue you. You can tell I been on the courses can't you!

Basically, if that burgular doesnt leave any traces of forced entry, he/she is classed as a visitor in our country. If he slips on a childs toy for instance, that can be and will be (once his barrister has finished) deemed as a trap, therefore, they can sue you!

Same applies for the outside of your house. If you haven't secured your property, i.e. a gate with locks and isnt easy to climb over etc etc, anyone on your property who injures themselves at the time, say the postman who falls over a slab thats sticking up, can sue you.

In law, if you haven't secured your property to an extent where no one can get in, you are 'inviting' people in. People like the postman, anyone knocking on your door etc are invited visitors and you are required to look after them and not obstruct them or injure them.

I haven't studied law, but have done the health and safety law courses and this all comes into it. All of these have been real cases which is why they are identified in the first place.

The original poster WILL get compensation, no two ways about it. However, ethically, it's plain wrong, especially as they went so long without having it seen to (and it would deffo have been sorted there and then because of this sueing business, thats fact). The fact that you don't say 'this is stuck in me' there and then until you get an infection or something like that don't make any difference in law. Plenty of people are actively trying to make the NHS go wrong so they can sue. It's a catch 22 situation. One of the biggest things is giving drugs which are not relative for the case.

You'd be shocked as to how many people are using the out of hours services to ring up, complain of a symptom which they havent got, but know if they get the drugs for the symptom can complain on grounds of 'this happened to me because I got given these'. It's big business.

To the above poster:
The only thing that happens is were then not allowed to give certain drugs, not allowed to use certain procedures for doing stuff which would actually help the patient in half the time, but as they can sue for it so easy, we don't use those treatments. If it carries on, either the NHS won't exist because of this or procedures won't be as effective as we simply can't use things. Swabs above could be a perfect example. As people have sued, swabs will no longer be used internally. Perfectly reasonable to use them, and they help at the time, but cost to much in terms of legalities and people suring. It's already happened with the kids toys which will go completely at some stage. They are great for the kids to keep them occupied, but some people spoiled it for the rest to get some money for themselves. Shame.

hazeyj

Bossyboots wrote:

No it won't. Mistakes will always happen. No doubt they have procedures in place to ensure swabs aren't mislaid. They didn't work this time. Your wife may have had pain for two weeks anyway. I certainly did first time round because a difficult delivery caused me severe bruising.

It is your wife who needs to take action if you choose to go down that road as she was the patient and the mistake was made during her procedure.

Personally I would just be happy that I had my healthy baby and get on with my life.

I worked as a nurse for ten years and my husband is a medic...we both agree that a complaint should be made. Whoever made the mistake needs to have have it highlighted to them ...I gurantee that once youve made a mistake ...you never do it again.

Hope your wife is feeling better

pink_phantom

Isn't childbirth in itself highly risky anyway. Many have died over the years. I agree with other posters that you should complain to the trust to highlight the problem but I don't think sueing for compo accomplishes anything because you are lucky to have both mother and child alive. x

ohreally

Graham_Devon wrote:

You can tell I been on the courses can't you!

As a pont of interest what course have you been on?

Graham_Devon

ohreally wrote:

As a pont of interest what course have you been on?

Just health and safety courses, ran for a week, unsure of the name of the actual course as I just turned up, employer booked it.

Covered loads of things though. Then you got a certificate to state you were qualified as a health & safety inspector at the beginer level which covered most things. Ovbiously you could then go on to become a health and safety inspector for food etc.

ohreally

Graham_Devon wrote:

Just health and safety courses, ran for a week, unsure of the name of the actual course as I just turned up, employer booked it.

Just to clarify,are you an accredited trade union h&s rep or are you placed in this role by your employer?
I'm guessing from your description it's the latter.

Graham_Devon

ohreally wrote:

Just to clarify,are you an accredited trade union h&s rep or are you placed in this role by your employer?
I'm guessing from your description it's the latter.

Just placed in the role, not accredited or anything posh like that!

MarkyMarkD

Please, make a formal complaint about it so that any necessary follow-up with the staff involved will be undertaken.

Please, don't make some ambulance-chasing lawyer rich by taking the NHS to court which does nobody any good.