Sueing the health service & getting access to your records

Parva

luminated wrote: »

No I never gave the detail in my OP and don't really want to other than to say if I get my hands on the records (GP & Hospital) they will confirm the inefficiency but not sure when that turns to negligence. I also take comfort from the senior cardiologist visiting me, in intensive care, after the resuscitation and subsequent procedures, where he apologised profusely saying he and the hospital got it wrong with me.

I think you already know the answer deep down. And inefficiency is a whole different ball game to actual negligence. People break down like machines do and if the printing press I used to run (huge thing) could prosecute me for fixing it wrongly then I would be incarcerated for life. I really don't envy those on the sharp end where health is concerned.

Yours was a one-off 'episode' I am presuming here? I'm not trying to trivialise it, I'm fully aware of how traumatic surgery can be. You've just got to be aware of the need to have actual proof of clinical negligence (rather than efficiency, totally different thing).

Anyway I'll shush now. I sincerely do not wish to put you off, I'm just trying to explain the road ahead. Get a decent no-win, no-fee solicitor and you can at least explore the possibility but be prepared for them to refuse to continue the case if they find there is no tangible evidence other than you 'say' this and they 'say' that. These solicitors aren't stupid, they will only go for the cases that they have a good chance of winning and I've seen the legal aid bill! :E

Good luck whatever you decide.

luminated

Parva - Once again thanks for your valued input.

I will update the thread soon after my next outpatient clinic after seeing how the Cardiologist explains away what happened.

CouponWoman

luminated wrote: »

A couple of months ago, after several months of heart problems, I suffered not just a 'life threatening' incident but did actually need to be resuscitated due to a cardiac arrest and thank goodness I was actually in hospital at that point.

Due to the emergency procedures/treatment, after the arrest, I am still in the 'advised' recovery period and feel I have suffered some permanent heart damage and cognitive issues which I can only put down to the heart having stopped albeit for only a short period of time.

So I am now feeling resentment and that there is little doubt, to me and my family, some of the medical staff didn't do the right thing by me.

So I am looking into whether I could successfully sue the hospital, how much it would cost and if there is any help for the legal costs or if any reputable firm of solicitors offer a 'no win no fee' service.

Also wondering if I can request my medical records from the hospital and who I make the request to.

And before anyone says anything about yet another person trying to get some compo - yes I bloody do want to try and get some money to make my already poor quality of life better for me but more so for my wife who is suffering more stress than me about the events.

When a solicitor applies for copies of medical records he has to sign a statement confirming the records are not being used in a claim against the hospital.

You will not get copies of your records, but if you speak to the hospital they MIGHT allow you to see them for a short while, but not to take away.

Speak to a medical negligence solicitor and get his opinion. Before you do check your household insurance policies to see if you have Legal Expenses cover which might assist you with making a claim.

CWxx

CouponWoman

Lum wrote: »

Our solicitor has been on the case for nearly a year now, and is getting nowhere. They just completely ignore his requests.

If a solicitor requests medical records and they are not forthcoming, the solicitor can make an application to the courts. Of course this costs money and we are not talking a few pounds, but possibly thousands of pounds in legal fees and court costs.

As most solicitors work on a no win no fee they would not want to put themselves to this expense as if the claim goes no where they cannot recover the fee.

CWxx

PennyForThem_2

http://www.ico.gov.uk/

and

http://www.ico.gov.uk/for_the_public/topic_specific_guides/health.aspx

You can make a subject access request to the hospital/GP under the Data Protection Act. If you get any grief, you have to firstly go through the internal complaints procedure and if you are still not happy then complain to the Information Commissioner who enforces the DPA.

Here is an example of a policy from a NHS Trust:

http://www.centrallancashire.nhs.uk/Library/Documents/policies/information-governance-policies/NHS%20Lancashire%20Subject%20Access%20Policy%20March%202013.pdf


For those of you who don't want to sue but want to make their concerns known, complain.

Look on the Trust website but here is an example:
http://www.sheffield.nhs.uk/complaints/



This is what the Ombudsman says:
http://www.ombudsman.org.uk/improving-public-service/ombudsmansprinciples/principles-for-remedy/8

luminated

PennyForThem

Many thanks for your input, and useful links, which will make a good read and will contribute to my eventual decision on what action to take, or not to take.

shopaholic2

I sued my local hospital...my reason was missed diagnosis of cancer, resulting in delayed treatment plan and subsequent disability, which is permanent. I almost died ( 2 more minutes, and I'd have been dead). My case took 6 years and I received £250,000. Might sound a lot but I had to repay all the benefits I'd received, buy a house for my family to live in, and quite honestly I feel now that my solicitor let me down, badly.
I cannot work, I'm permanently disabled, my whole life suffers...
The thing I'm trying to say is, what is your position now? Are you "worse" off because of what happened??
What you went through sounds horrible, but is it "one of those things" and the hospital are sorry and will learn from it, or are you suffering though their negligence?
I NEVER got an apology.

PennyForThem_2

No - the hospital will not learn from any incident unless a formal complaint is made and maybe not even then. It may record the incident and assessit for risk but that is different.

Some of the better ones do change their procedures; others don't. In your written concern you could ask what changes will result in procedure/policy/guidelines from your concern. I suggest you ask that.

You could also copy in your local MP.

clemmatis

luminated wrote: »

And before anyone says anything about yet another person trying to get some compo - yes I bloody do want to try and get some money to make my already poor quality of life better for me but more so for my wife who is suffering more stress than me about the events.

(I have no idea whether you have a case) People who say that about "compo" should !!!!!!. There are far too many medical accidents just brushed under the carpet, too many lies ("no witnesses...") in notes, too many "lessons have been learned" crappy non-apologies. I would support, strongly, a no-fault NHS compensation system, but, we haven't got one. Medics and hospitals need to be hit. I cheered when that rich guy took the private hospital who killed his wife to the cleaners, NHS hospitals should be hit too.

To your questions. PennyForThem is right. Also, you could try these people -- a charity

http://www.avma.org.uk/

luminated

shopaholic2 wrote: »

I sued my local hospital...my reason was missed diagnosis of cancer, resulting in delayed treatment plan and subsequent disability, which is permanent. I almost died ( 2 more minutes, and I'd have been dead). My case took 6 years and I received £250,000. Might sound a lot but I had to repay all the benefits I'd received, buy a house for my family to live in, and quite honestly I feel now that my solicitor let me down, badly.
I cannot work, I'm permanently disabled, my whole life suffers...
The thing I'm trying to say is, what is your position now? Are you "worse" off because of what happened??
What you went through sounds horrible, but is it "one of those things" and the hospital are sorry and will learn from it, or are you suffering though their negligence?
I NEVER got an apology.

I had a verbal apology from my main cardiologist and have since posting seen another cardiologist who was very matter of fact and suggested I initially wrote into the hospital. He also went into great detail about all the events and spent a whole hour on my appointment being as helpful as he could and bent over backwards for me. I have also discussed the matter with my GP and several more friends and immediate members of my family.

But after last weeks simmering anger I have calmed down, realised the difficulties that would arise, accept I am not as mentally strong as I was in my business career and so am trying to be very sensible about my position.

"Am I worse off". Well before my health was very poor and I was and still am on HRM and MRC (none related problems). But what happened has put an extra layer on many of the symptoms and has badly affected my cognitive side. The doctor said this latter aspect was usual where cardiac arrests have taken place and that should improve as the brain developed alternative routes to process the tasks. But I have been through a great deal of pain, discomfort and put my family through stress. Especially my wife who came to visit me at exactly the same time as the crash alarm was sounded and her relisation a dozen'ish people were running past her on the ward to get to me.

The money does sound attractive but in my case my health has stopped me working for many years and I have been living off savings until my DLA (small LRC mid last year and HRM + MRC all this year.

PennyForThem wrote: »

No - the hospital will not learn from any incident unless a formal complaint is made and maybe not even then. It may record the incident and assessit for risk but that is different.

Some of the better ones do change their procedures; others don't. In your written concern you could ask what changes will result in procedure/policy/guidelines from your concern. I suggest you ask that.

You could also copy in your local MP.

All good stuff - thanks

clemmatis wrote: »

(I have no idea whether you have a case) People who say that about "compo" should !!!!!!. There are far too many medical accidents just brushed under the carpet, too many lies ("no witnesses...") in notes, too many "lessons have been learned" crappy non-apologies. I would support, strongly, a no-fault NHS compensation system, but, we haven't got one. Medics and hospitals need to be hit. I cheered when that rich guy took the private hospital who killed his wife to the cleaners, NHS hospitals should be hit too.

To your questions. PennyForThem is right. Also, you could try these people -- a charity

http://www.avma.org.uk/

All good again and thanks for the link.

The real question is am I strong enough to go through with it? My wife most emphatically thinks not and thinks it could cause so much stress and on top of my heart problems may be the end of me. But do I let them get away with it because (rhetorically speaking) if no one complains they carry on in their own sweet way potentially killing people off. So will I end up moaning then letting it go? Still getting splinters in my bum from being on the fence.