Medical negligence solicitor or NHS litigation?

malibusami86

Hi all, I'm looking for some advice please. Going over it in my head is making me feel nauseous!

Just before Christmas I had a meeting with NHS complaints team regarding questions I had about my previous care.

To summarise, I had been under a consultant from 2006 and was treated for hoffas syndrome which involved 3 lots of keyhole. All of which I recovered from. When my knees were still causing me trouble but my consultant wanted to discharge me following the last keyhole I requested an Mri to clarify all was resolved. They did this at my request. Whilst awaiting the results, I was forced to leave a job when I could no longer stand for the duration of my shift. I was told that my MRI was fine and told to build my muscles to eliviate the pressure from my joints. Told to get an exercise bike, put in the Physio gym etc. I couldn't see how nothing could be wrong so asked for a second opinion, I was referred to a specialist at another hospital. They repeated MRIs and could tell that something was untoward but he wouldn't know how serious until he went into my knee. I was told that if it was bad id have to have a tibial tuberosity transfer. I woke up to find a big cut in my leg, that was stapled together, grade II arthritis and told that my knee had maltracked severely and needed to be cut from my tibia and moved and screwed into place. An overnight stay turned into 4 days in hospital unable to move, on morphine and in a great deal of shock as I was not prepared for what happened. After this surgery I was unable to get off crutches even 9 months later. I was told my knees would never be the same. I'd never be able to work in retail, and avoid strenuous physical activity. I ended up having the other knee done too, which I recovered from much quicker. This is when I questioned why the first one had been so bad? A NHS consultant leading my complaint looked at my MRIs and determined that there had been multiple failings with my care. My first consultant hadn't asked the right questions for the radiologist to examine the MRI properly, then had failed to spot damage himself, then gave me the wrong advice which lead to a deterioration of my knees, in which the damage had been irreversible. Whilst I followed advice to build my muscles I was rubbing away cartilage which caused arthritis and worsened the maltracking and pain. I also now have nerve damage in both legs following surgery, and because my legs were left maltracking for so long before corrected, I have had to have tendons and ligaments removed, moved etc which has led to more permanent damage including a very painful bulge on my knee which worsens and is more painful the more I do. The complaint consultant deemed that if I were his patient, he would have detected the issue min earlier and minimised the permanent damage caused. He has said I've been failed at multiple levels. I shouldn't have needed such major surgery if the damage had been spotted at the beginning or I would have needed big op but the damage would have been less.. So the damage caused by the TTT surgeries was avoidable and if they'd treated me correctly earlier the damage would likely be less and impact on my life much less.

My question now is where do i go from here...? I had to get an automatic car as I'm now unable to drive a manual, and to be honest I'm hanging on to my part time job and driving by the skin of my teeth. I have to go in a wheelchair when we have family days out and avoid many things that mums and people my age (29) do. Everything I do is a risk assessment of can I manage, what help will I need?! I use a walking stick every day, crutches for short journeys and wheelchair for long journeys. !not to mention tramadol and ibuprofen long term to manage the pain and the other health complications they may cause.

Due to the implications that all of this has on my life and future I have been advised to take further action. I'm going to need to move to a bungalow to limit the strain on my knees and make significant modifications to my entire future (hopefully 50years). It's unlikely I will have a career and will have to stick with something small that I can manage a few hours per week.

I'm confused if I should pursue my complaint through NHS litigation or go completely independent through a solicitor. I'm really struggling to make a decision but I need to move fast as time is ticking. Not keen on paying a solicitor part of my award, but also worried if I go through litigation it won't be anywhere near as much as it would independently. I'm trying to weigh up the likely outcome in either case to help make a decision. Ease of going through litigation and no paying fees vs higher award privately but paying fees and being more long winded.

I'm not being greedy, I am 29 and have a lifetime of restrictions now so am trying to cover future equipment, cost of moving to a bungalow, adapted vehicles etc. I will only get 1 shot so I need to make sure I am protecting my future.

Can anyone offer any advice based on their experience with either?

Thank you very much

huckster

This was posted in Insurance, where you might not get a response. You really to post, where legally knowledgeable people might respond. There are forums where you have legal threads and there are people who know about this.

You need to do your research about Solicitors who specialise in this area and see what options are available. Don't go to the large no win no fee type companies who advertise they deal with these cases.

The law society can help you find Solicitors in your area that specialise.

OnanTheBarbarian

You certainly need independent legal advice from a solicitor. You need a lawyer who specializes in clinical negligence.

Don't deal with NHSLA yourself, they are dreadful and a culture of deny everything exists and challenge every sinew of the claim. An experienced lawyer will get the claim moving and get interim payment where possible.

malibusami86

Oops, I wasn't sure where to post.

I have spoken with a solicitor, they want to take my case on, but to be honest I'm scared of the whole ordeal. I'm worried there will be something in be small print that I don't understand. I'd feel much more comfortable not putting myself at risk by going via litigation but I also know they have been making mistakes with my complaint, like not having notes for meetings, messing up the recording and not getting back to me etc. I'm more likely to have a better outcome via a solicitor but there's also more risk of paying out so the scales feel balanced hubby has made a valid point.... It's in the solicitors best interest to achieve the best outcome as they'll benefit more, whereas NHS litigation may not be as forceful.

Thank you

OnanTheBarbarian

Do you have legal cover with house insurance or are either of you union members?

malibusami86

Ooh I'm not sure. I'll have to check. Thanks

malibusami86

I posted on my phone, not sure how I put it in insurance. How can I move to a more suitable place? Thanks

OnanTheBarbarian

Don't worry, you are probably in the best place as several of us who frequent this section are lawyers and barristers.

beckyd13

You clearly have questions about your care and you need a solicitor on board at this stage to help you get answers. Clinical negligence claims take skill to investigate and fight if there's a case. Yes, a solicitor might cost you money, but you need to weigh this against the outcome - a good solicitor has the skill and resources to give your case the best chances and they will add value. A cheap solicitor who doesn't specialise in this type of work might not be able to add that value. We are not all the same (I'm an injury solicitor and have done clinical negligence in the past).

Don't be afraid to meet a few solicitors to find one that you like and trust. I highly recommend you look for a specialist in clinical negligence claims - some people just go to the same firm who did a good job on their conveyancing and that's not the right approach. Look for a firm who is listed with AvMA (action against medical accidents) with solicitors who have law society accreditation as clinical negligence specialists. Don't just call a claims management company that you see advertising on the TV.

There are lots of options for funding and the solicitors will take you through this. They will check insurance policies for legal expenses cover (often bundled with home insurance for example) and trade union cover, for example. You should be looking for a firm that will offer you a conditional fee agreement (otherwise known as a no win no fee) which basically means that you won't pay anything if you lose, but you pay something if you win which is met from your damages. This is not a percentage of your damages like in the US, and some of the costs will be met by the defendant (NHSLA) if you win. Whilst I'm sure there are some rogue solicitors out there, on the whole there are no nasties lurking in the small print - the first step is to go to a reputable firm and then make sure you read the documents, ask questions and only sign when you're happy.

Good luck.