Sueing the health service & getting access to your records

clemmatis

luminated wrote: »

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.

I agree it's a difficult decision and the last thing I want to do is push you into suing. Clinical negligence suits are expensive and complex and stressful.

I'm a bit puzzled by your solicitor's apparent uselessness.

I take it you haven't even lodged a formal complaint against the hospital yet? You don't need a lawyer for that. Here's the NHS's information (which is not very good, IMO)

http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/NHScomplaints.aspx

mynameistallulah

Are you looking for compensation, or are you looking for an explanation and to make sure it does not happen to someone else? If the former, then you need a solicitor, but be aware that the case could stretch on for years (four being the average), and the burden of proof for negligence is high - in effect, all they need to do is prove that a reasonable (professional) person would have done the same and they will have a defence. If you want the Trust to investigate and learn from what happened, then you should complain directly and pursue the internal complaints procedure.

The sad fact is that Trusts do not learn from legal cases. The NHSLA will deal with any litigation, so the Trust has little input, and the medics even less. The only cost to the Trust is a higher insurance premium in the next financial year.

clemmatis

Just to add that lodging a complaint does not prevent you suing later.

Pop06

It really depends on what you would like to achieve! Changes in practice so the same thing doesn't happen again or compensation.I had surgery which went wrong in 2010 I followed the trusts complaint procedure and after a year of going back and forward with the trust I decided to get the Parlimentry and Health Ombudsman involved. The best descison I have made! I've since had a meeting with trust and consultant who carriers out my surgery however nothing was resolved. I'm now at the stage where the ombudsman have found several issues with my case to include information I was given before consent,consultants record keeping and his choice of surgical intervention. The outcome I would like is a written apology from consultant and trust as well as practices put in place so the same failings don't happen again. It is my understanding that if you just go to a soliciter and take legal action yes you will get a payout but no changes/consequences will occur within the trust.

loulou123

I had an operation that went wrong - basically needed major surgery on face and jaw, which as a small part of it needed 2 teeth removing on one side..they took teeth out of wrong side, meaning the entire operation on my jaw failed.

This meant I had to have a 2nd bigger operation on my jaw.

I spoke to my surgeon about this and he actually told me 'that maybe I'd had the teeth taken out before surgery and forgotten about it!' Despite fact you could see they were fresh wounds and the 2 teeth that were supposed to be removed were still there!

I asked to see the xrays taken day before surgery to prove the teeth were there then, but the computer system had suffered an error and the xray had gone missing - conveniently. As it was a major operation, I had 2 different surgeons working one on each side of my jaw at same time - but the main surgeon couldn't remember who was in surgery with him...it was a 8 hour operation, I'm sure he must have glanced at who was working with him!

I didn't bother taking it any further (and I appreciate your case sounds more serious) but I'm sure if I had of, more computer errors or memory blanks would've occurred in an attempt to cover it up.

luminated

Thanks all for your invaluable support.

My final (I think ) decision is not to take the matter further as I am too ill and can do without the stress which could prove ........ Well it could be the final straw.

Thanks again :beer:

imho

Cant you get your medical records from the hospital under the freedom of information act ? I know my Bro got out Fathers medical records from his doctor when out father died.
We didnt use a solicitor we just wrote to surgery asking to see his medical records under the Freedom of Information Act.So i cant see a Hospital medical records are any different.

Parva

Why oh why do people drag old threads up? The OP has decided that it's better to let sleeping dogs lie and in many cases it is. Mine is still ongoing and likely will be for many years. My entire medical history is now being scrutinised by all and sundry and this is likely to carry on for years to come. Sometimes it's just better to put it down to experience.

Edit: And regarding your 'Freedom of information' act, I doubt it. This is personal records which require a payment of £50 and specific agreement to disclose such information. This isn't a case of getting your credit rating, this is very personal information.

luminated

Now then Parva you are guilty as well as you have posted in an 'old thread' ;);););).

I am pulling your leg and you can post anywhere you wish as I enjoy reading your posts especially as they are down to earth.

But you are right in that my position has not changed since my post on the 18th July. I have realised people mess things up all the way through life whether something very trivial, or something that can threaten another's life. Perhaps I have become a softy :eek:

Parva

I'm a Yorkshireman luminated, I say it as I see it (though it's not always the best way to be I have discovered). I was actually dead set against suing my ex-doctor for medical negligence, after all the upheavel I just wanted to forget it and get on with life the best I could. Ironically, exactly 1 year ago today I was on that holiday in Cyprus and little did I know that I would take my last steps on two legs in 10 days time.

Family and friends persuaded me to go the no-win no-fee route and this is still ongoing, indeed after 9 months we are only at the stage of finally getting medical reports from various hospitals, physios and whatnot which will be sent to an independent doctor to assess as to whether there is a case to answer. Even if he agrees there is a case to answer I suspect that this case will rumble on for a loooong time to come and even at this stage I am still questioning whether it was worth the stress and hassle of starting this action. I would advise anyone thinking of doing this to think long and hard about it.