Grounds to sue NHS?

P.Jackson

Since November 2013 I'd left my job as i required shoulder and bicep operation, my operation got delayed until January, the operation went well and was informed i could start physio once i had my stitches taking out, so i had started physio first 2 weeks seemed great but then my shoulder started to quickly degrade to little movement again which will in time return to zero.

On my 5th physio session my physio asked how it was going i said I'm going to be honest it's getting worse, she then asked me what latex band she'd gave me and i said it was the red band which was level 2, she then told me she'd given me the wrong band she should have put me on level 3 to start with to build things back up, so now I'm back to square one awaiting my appointment with my consultant and yet again another operation date.


So this means I'm looking at least another 6/10 months off and out of work, i was due to start work again this month but this is simply not possible now due to my lack of movement and lack of strength so I'm out of work again for a simple mistake? She even said when she discharged my from physio as i obviously can't do it anymore she remarked to the receptionist that she didn't need anymore stress.

[Deleted User]

I've been teetering on the brink of going to a solicitor for ages now, so I'd be interested to hear from anyone who actually has sued them. Did it get them anywhere? Judging by the endless scandals in the media I suspect not, they seem answerable to nobody. The sort of reactions I get when complain are just shrugs and "so what", or "why don't you go private then?", or "Well if you don't like it go elsewhere". On the AvMA forum there's the story from someone who sued, and was told to his face that he'll never be given good healthcare again.

GlasweJen

I haven't sued but my mum made an official complaint to the public sector ombudsman. The healthcare "professionals" involved were disciplined by their governing bodies and one was struck off, I now have medical records that state that I'm a hypochondriac and my mother is neurotic who they strongly suspect has Munchausens disease.

(Background - I was collapsing several times a day, basic heart tests were fine, EEG and CT were normal and they told mum I was faking. Mum didn't believe this, went private, found a heart defect that we later found out was found during a previous NHS test but no one bothered to record it but did save the echo which showed the defect and none of my consultants read it. Meanwhile I was seen by an NHS psychiatrist who made a huge deal of my religion and basically recorded on my notes that Jews are neurotic and he blames the haulocaust - yes really! In the end my imaginary illness landed me with a heart transplant so actually very serious. The technician who didn't record the echo properly, plus 2 doctors who should have checked it were disciplined and the psychiatrist was struck off).

Unfortunately once something negative goes on your records it won't come off, there's a bit where another dr went back and wrote that after investigations I was in fact ill but that does get ignored.

I understand that in order to successfully sue the NHS they'd need to kill you or maime you for life and another doctor has to say that their colleague acted differently to how they would.

kazzah60

I have sued the NHS on behalf of my son who suffered a physical disability through negligence during his birth.
in order for your claim to be successful you do need to show that the care given fell below the optimum care - and that you have lasting damage or have lost substantial monies as a result of the negligence.

It is VERY difficult to prove that the de-generation of your shoulder is purely to do with the actions of the physio - my husband has had two surgeries similar to yours on both arms - one surgery was fine- it had a long recovery period of over 12 months as it was slightly more invasive surgery and has remained good- the other had a short recovery period like yours and within 12 months he is back to square one in constant pain and restricted function - and his therapy did not use any thera bands.

You would need to instruct a solicitor at your own cost, or if you have legal protection on your home insurance they might over it, or you could try a CFA arrangement ( no win no fee) but the chances are the damages you are likely to be awarded IF you can show negligence are likely to be outweighed by the costs of funding a case- because you will need expert reports from a shoulder surgeon ( to assess if the problem could have arisen as a result of the surgery) and from a therapist to prove that the therapists mistake could have caused the deterioration - the costs of these reports is likely to be around £2-3000 which is potentially more than you are likely to be awarded as compensation. The difficulty here is that you gave up work BEFORE the surgery so you have no loss of income to include in the claim - just a sum for loss of amenity and pain and suffering which is not likely to be a lot- for example my son has had 3 x 7 hour surgeries, life long therapy, loss of function and sensitivity in his dominant arm and he was only awarded £20,000 for pain and suffering.

HOWEVER - there are NO notices in my sons medical records that he has successfully sued the trust - he has never been refused treatment or had poor treatment as a result - in fact hospitals are rarely told when a patient sues - all the correspondence is between the solicitors and the only time the staff MIGHT find out is if they are asked to make a statement around what happened - none of which is included in patient notes - i know this to be a fact as I now work closely with an organisation which helps families sue for negligence and with over 2000 cases we have helped with to date - nothing has ever appeared on the childs notes.

i should stress this only applies to ENGLAND as far as my knowledge goes

[Deleted User]

GlasweJen wrote: »

I haven't sued but my mum made an official complaint to the public sector ombudsman. The healthcare "professionals" involved were disciplined by their governing bodies and one was struck off, I now have medical records that state that I'm a hypochondriac and my mother is neurotic who they strongly suspect has Munchausens disease.

(Background - I was collapsing several times a day, basic heart tests were fine, EEG and CT were normal and they told mum I was faking. Mum didn't believe this, went private, found a heart defect that we later found out was found during a previous NHS test but no one bothered to record it but did save the echo which showed the defect and none of my consultants read it. Meanwhile I was seen by an NHS psychiatrist who made a huge deal of my religion and basically recorded on my notes that Jews are neurotic and he blames the haulocaust - yes really! In the end my imaginary illness landed me with a heart transplant so actually very serious. The technician who didn't record the echo properly, plus 2 doctors who should have checked it were disciplined and the psychiatrist was struck off).

Unfortunately once something negative goes on your records it won't come off, there's a bit where another dr went back and wrote that after investigations I was in fact ill but that does get ignored.

I understand that in order to successfully sue the NHS they'd need to kill you or maime you for life and another doctor has to say that their colleague acted differently to how they would.

This is exactly what's happening to me, they're nothing if not predictable, are they.

For decades I had been complaining that exercise was making me feel unwell, but I was just told that I was a "steaming great hypochondriac" and to ignore the symptoms and get more exercise. Wind the clock forward to 2012, and I'm taken to A&E with heart trouble. The paramedics and resus doctors all wanted to know why I had been fobbed off. Afterwards, Dr Google told me that there's a distinct possibility that both the heart condition and my original symptoms are caused by too much exercise.

First I was referred to a sports doctor who told me there was nothing wrong and discharged me, then the cardiologist denied that I had ever been taken to A&E in the first place. I produced the paperwork to prove that I had been, and it was ignored. After I resumed cycling as he told me I was back on an ambulance again within hours.

Much the same thing happened again. A&E transferred me to the observation ward this time, so that they could see for themselves, but then they just told me that there was nothing wrong, and blamed a "faulty" heart monitor. The nurses were told to "take no notice of anything he says".

Eventually they admitted my heart arrhythmia after they printed an ECG, but then two hours later the consultant denied that they had ever seen any abnormal ECGs. By that time I could count at least nine.

After they were finally backed into a corner and forced to stop lying, a doctor asked my what I did for a living:

"Oh, that explains it, engineers are all neurotics who can't cope with conflicting information".

I'm now being offered heart surgery, but I can't make an informed decision when they have a vested interest denying this has anything to do with exercise, and refuse to answer questions.

I also suspect I have Aspergers, but they've refused to discuss that for 17 years, too:

"Some questions don't have an answer"
"You never will get an answer".

I don't want a compo cheque, all I'm looking for is healthcare I can trust, and staff who will answer reasonable questions.

Indie_Kid

jack_pott wrote: »

I also suspect I have Aspergers, but they've refused to discuss that for 17 years, too:

"Some questions don't have an answer"
"You never will get an answer".

Some PCTs supposedly don't have enough funds to evaluate adults who suspect they have Autism / Aspergers.

I now have medical records that state that I'm a hypochondriac and my mother is neurotic who they strongly suspect has Munchausens disease.

I won't be that surprised if my medical notes say similar. Parents claim I was having seizures and I'd vomit. (I do have a vague recollection of waking up one morning and just vomitting and then going back to bed) They were told there's nothing wrong with me. We then discovered that they had written that I did have epilepsy a few years ago; but they have neglected to tell us.:mad:

kurgon

I agree - everyone in the NHS is there for their own gains and it's best to sue as soon as you can. Bring a system on its knees past breaking point!

kazzah60

kurgon wrote: »

I agree - everyone in the NHS is there for their own gains and it's best to sue as soon as you can. Bring a system on its knees past breaking point!

Kurgon
not sure if you are aware- but the NHS Litigation Authority organises insurance cover for hospitals - their annual "premium" is based on their clinical outcomes etc- so better performing hospitals have lower premiums.

If no-one claimed compensation I seriously doubt these monies would be used in the NHS anyway.

And if someone HAS suffered significant injury/disability why shouldn't they receive compensation?
sometimes it is the ONLY way to instigate changes in clinical practices - making complaints doesn't seem to work

[Deleted User]

kurgon wrote: »

I agree - everyone in the NHS is there for their own gains and it's best to sue as soon as you can. Bring a system on its knees past breaking point!

____________________________________________________

jack_pott wrote: »

I don't want a compo cheque, all I'm looking for is healthcare I can trust, and staff who will answer reasonable questions.

GlasweJen

Jack_Pott what happened to us isn't grounds to sue but I would take your complaint further. If you're not happy with any NHS treatment complain directly to the place the treatment was done and then to the ombudsman.

confuseddaughter_2

Yes complaining is certainly more important than taking money out of the NHS system. Complaining is more likely to change something. Taking money out of the system affects every other patient. My sister lost a baby through medical neglect. She was discharged from A&E with nothing more than general aches & pains. Six hours later, I had to rush her back into A&E when at 32 weeks she was eventually found to have Placental abruption. She was rushed into theatre, lost her dear son, and spent the next 4 days in ICU with doctors warning us that she may not make it. Thankfully she did and went on to have three more healthy babies. She and her husband did complain about the care that she received at the first A&E visit for which the hospital accepted responsibility and apologised. It never crossed her mind to take money away from the caring of others.