How do I claim compensation from a hospital

hibees1875_2

maryotuam wrote:

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.

they do, but it costs money, and with every claim the price goes up. this is all less money for grannies hip replacement or little jonnies kidney dialysis. a hospital can put off an op due to finances, but it cant not pay its insurance costs as this would be financial suicide.

However, where someone has been left in a situation of sustaining substantial financial loss, or likely to require it in the future due to disability through negligence, then yes there is an argument for compensation which is just and fair.

Astaroth

Without touching on the ethics of suing the NHS....

If you have legal expenses/ legal protection on your home insurance this would almost certainly cover the cost of pursuing financial redress for the pain, suffer and loss of amenities and will not count as a claim on your insurance.

If you do not have this then there is the option of no win no fee (aka conditional funding). Solicitors will very rarely "take" any of your awarded damages as they get a very hefty payout themselves directly from the defendant however what you do need to look in closely is what happens to the other sides costs if you are not 100% successful.... in many cases the solicitors will get you to pay for an "after the incident" insurance policy to cover you for these risks/ get you to sign a loan agreement to cover it/ simply not mention it and allow you to be hit with a bill for a few grand (possibly the last one is the worst and has become more common as the other 2 methods have received bad press - say that though, some solicitors will absorb the costs themselves)

Becles

Appendicitis is very difficult to diagnose. I spent about a day and a half suffering in severe pain while they couldn't decide if it was my appendix or not. Finally they confirmed it was and I was operated on to have it removed.

They can't operate on everyone who shows possible signs of appendicitis as it would be too costly and take up too much time and resources in theatre. Plus each anaesthetic and operation bears some risk to the patient. How would your brother have felt to have been through major surgery only to discover he did have trapped wind?

I would write to the PALS service as suggested. They will have procedures to investigate the complaint and deal with the relevant parties. I did this when I was given penicillin after telling medical staff I was allergic to it, and I went into anaphylactic shock. I got an apology back and they said they department has had refresher training on drug allergies and a new procedure was in place to double check allergies before medication was given. I was happy with that as it means nobody should have to go through what I did.

dunstonh

Appendicitis is very difficult to spot. I myself was in a similar position with doctors not sure whether it was trapped wind or something else as I wasnt showing 2 of the symptions but only 1. If they cant tell what it is then they cant tell. It was painful for me at the time waiting for them to decide and luckily, mine didnt burst. Although it was important enough for them to operate at 2am and class it as an emergency operation.

I can only see the MRSA issue as being one of potential negligence. I am sure that there must be something on the internet considering the number of people who have been in that situation in recent years and what they did about it.

Crazy_Saver

A huge thank you to all of you.

With hindsight, it must seem that my family are being driven my financial redress. That really isn't the case, what we are really looking for are ANSWERS!!

I used the word compensation without really thinking about it. What we would like is an investigation into my brother's treatment leading up to the emergency operation. We know that his registrar wanted to operate sooner as he felt that my brother was at serious risk but he was overridden by the consultant. Had the registrar been able to do as he wished, my brother probably wouldn't have suffered as much as he did.


I cannot fault the care that he was given while in ITU or on the ward after that, we just feel that so much of his pain and suffering could have been prevented.

Thanks again, I have taken all of your comments on board and I will share them with my family later today.

Bossyboots

I do have to wonder at the point of having registrars. Over the past two years I have had four separate registrars recommend an operation on my foot. The consultant says no. He now has me booked into his clinic from now on because I complained about the conflicting medical advice I was getting. He plans to discharge me at the next appointment. My GP has already agreed she will refer me for a second opinion once I am off this arrogant man's list. (That's only the relevant part of the story, it has been a nightmare two years under this man's supposed care.)

Jake'sGran

MarkyMarkD wrote:

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.

I am inclined to agree with this. In any event it takes an awful long time for a medical claim to get to court. Apparently there is a huge backlog of complaints existing now. A rather superior type of consultant was extremely unkind to me on the telephone and, at the time, I was in a very vulnerable state (after three ops in 11 months all over four hours long)). I was so distressed that I was determined to complain about him to the most senior medical person in the country I could think of. This office of the health service actually telephoned me to get more information and there was an investigation at the hospital. I know the man concerned will have been shocked that I went to this much trouble but at least I know he was investigated and in future might think twice about treating a patient this way.
I did receive a very long letter of apology and it included his explanation which was not factually true of course.

jazzyjustlaw

Crazy_Saver wrote:

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.



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:

I think what you have told us is shocking really I do.

lizzyb1812

Hi Crazy Saver

I work in the NHS (not a medic) and can tell you that the hospital will be part of the Clinical Negligence Scheme for Trusts (CNST). Trusts are assessed and pay a type of premium to the CNST which manages negligence claims on a national basis.

The hospital will have a complaints manager who is the person to contact initially. Write to them and make a clear, detailed statement of the facts as you see them - if you number your points you can ask them to reply to each of the numbered points. As suggested above I would also contact your PALS officer who may be located at the hospital or at your local Primary Care Trust.

Whether or not you decide to pursue the financial side of things, I do think you should make your views known to the complaints manager. Hospitals do not deliberately seek to offer poor standards of care and feedback should be welcomed, even when it is of a negative nature.

As I said, I am not a medic and can only sympathise with your brother's experiences; but I did have a pulmonary embolism and pneumonia a few years ago and have now recovered in full. so please don't lose hope.

Hoping your brother improves soon

lizp2000

Crazy_Saver

Originally posted by lizzyb1812
The hospital will have a complaints manager who is the person to contact initially. Write to them and make a clear, detailed statement of the facts as you see them - if you number your points you can ask them to reply to each of the numbered points. As suggested above I would also contact your PALS officer who may be located at the hospital or at your local Primary Care Trust.

Thanks lizzy

Should I write to both at the same time, or should I start with PALS?

Also, does anyone know if PALS are independent, or would they be inclined to try and support the hospital?