How do I claim compensation from a hospital

Crazy_Saver

Hi Everyone.

I'm looking for some advice, but I'm not sure which thread to post on.

My mum is currently caring for my very sick brother who has just come home after spending 4 weeks in hospital.

In a Nutshell

He was admited with severe abdominal pain, nausea, vomiting and a high temperature. After 6 days and numerous intravenus antibiotics he was discharged. They said they weren't sure what was wrong, it could be a burst appendix or maybe a bladder infection. They sent him home with antibiotics.

He was in a great deal of pain and still suffering the same symptoms that he went in with.

Within 2 days of being at home he was so ill that the GP suggested we take him back to the hospital. The ward was phoned but my mum was told to take him to A&E.

They spent the whole day waiting in A&E with my brother in severe pain. When he was eventually seen, he was admitted to the same ward that my mother had phoned earlier in the morning.

He was prepped for theatre the next morning but then the consultant decided not to operate and he said my brother could have trapped wind. We were told that he would be discharged the next day.

That night he went into septic shock and collapsed on the ward. We were called back to the hospital to give our consent for an emergency operation.

After a 4 hour operation he was taken to inensive care where he stayed for 3 days suffering from the effects of a burst appendix and peritonitis. He then spent 3 weeks on another ward where he suffered a pulmonary embolism. He then contracted MRSA.

He came home yesterday with an open wound because it hasn't healed yet as well as having MRSA. The medical staff have said that it could be 3-6 months before the wound fully heals. He is also completely exhausted and very weak and will need a lot of care while he recouperates

I think this really needs an investigation but I don't want my family to have to go to one of these companies that fight your corner then claim 1/3 of any compensation that may be awarded.

Any help or advice would really be appreciated.

Thanks

Crazy Saver

Bossyboots

Your starting point is a complaint to the hospital directly. Until you have done that and seen their response, it is difficult to go any further. You have to give them the chance to investigate and give their side.

You will find some helpful information here http://www.nhs.uk/England/AboutTheNhs/ComplainCompliment.cmsx

jazzyjustlaw

If I was you I would see a Clinical Negligence lawyer, see if you have a case. You havent said if the person suffered any injury.

Crazy_Saver

Originally posted by jazzyjustlaw
If I was you I would see a Clinical Negligence lawyer, see if you have a case.

Great in an ideal world, but I don't think myself or my family would have the financial backing to be able to pay for a lawyer, especially if it were to be a long term prospect.

You havent said if the person suffered any injury.

Does he need to have an injury? Surely the pain, suffering, peritonitis, pulmonary embolism and MRSA are enough to getting on with.

All of this could have been prevented if the medical team had operated when they originally said they were going to.

Sorry for ranting jazzyjustlaw-it's not you I'm cross with:mad:

Crazy_Saver

Originally posted by bossyboots
You will find some helpful information here http://www.nhs.uk/England/AboutTheNh...ompliment.cmsx

Thanks bossyboots. I've bookmarked the site.:beer:

MarkyMarkD

I agree with ts_aly.

There is no point at all claiming financial compensation from an NHS hospital. All it does is take money from the NHS which is needed for patient care.

I absolutely agree that you should complain, and seek action to be taken to address the deficiencies which affected your family.

But claiming financial compensation on top of this isn't going to make any (positive) difference to future patient care.

Somerset

ts_aly2000

Sorry I disagree. If people or organisations aren't held accountable for their actions, these actions are repeated. If a system or individuals cause illness, pain or death by negligence - there needs to be a consequence to that negligence.

Crazy Saver - I hope your brother recovers and is ok. I wish you well with whatever you decide to do.

MarkyMarkD

Consequences don't need to be financial. I am certain that complaints relating to individual staff's actions have an impact on those individuals without a requirement for any financial compensation claim.

Dumyat

I dont agree with the ambulance chasing lawyers but if there is genuine concern then there is a place for a proper complaint so that procedures can be changed.

if the surgeon is found to be negligent than there are procedures to deal with that both within the NHS and within the professional body who regulates doctors.

maryotuam

I won't go into my personal details. However I chose to write to the chief executive about my complaint 4 years ago, (who has a duty to reply to youu within 21 days). An investigation was carried out and I received an apology plus details of measures they had taken to ensure similar mistakes wouldn't occur again.

However they must have insurance cover for medical negligence cases so I would feel free to seek compensation for your brother's loss of earnings and any other financial problems caused by their neglect.

hibees1875_2

Hi, i would speak to PALS (Patient Advice Liaison Service) there should be one based in every hospital or at least attatched to each hospital. They can help you formulate a letter of initial complaint and help talk you through some available options. they are impartial and give sound advice. They can act as mediator so that your family doesnt get too involved in the whole process of complaining. also i would suggest requesting copies of the medical records of the time so that you can see what was and wasnt documented. sometimes there is an obvious reason why something was not done, but dr's don't always tell the patient or family exactly what is going on.

the best way to go about effecting change and making sure that this does not happen again and to ensure that if anyone was negligent that they are professionally dealt with would be to pursue a complaint and request an investigation in terms of a serious adverse event (SAE) report. This will force those involved to justify their actions and decisions.

Through this it can be possible to determine whether it was a (series of) invidual error(S) or whether it was due to restrictions by the hosp trust in terms of financial decisions etc.

Financial compensation law suit will not give you the satisfaction that you seek... (i presume you want people to answer for their acgtions and be accountable). a law suit makes it easier for the trust to settle and not have to disclose investigation findings.

also get your MP involved and also speak to your local newspaper about it (if family happy with that) to get some support and apply pressure for answers to the many questions you will rightly have.

i would urge you though to not go down the route of compensation lawyers... as long as no one dies then lets thank our blessings and just try and ensure it doesnt happen again.

law suits against hospitals only work when they are private as insurers are involved to foot the bills. but if you take money from the nhs today, and then find yourself needing nhs help... who knows, maybe they will not have the money to be able to treat you....

But start off by talking to PALS, phone the hospital switchboard and they will be able to put you through. Good luck. Hope it all works out well.