Medical negligence

lukerichardson40

Hi all,


Unsure if this is the right section to ask, happy to delete if its wrong.


Does anyone have any experience with medical negligence cases? Time frames, steps involved etc?


If this is the right place I can provide more details.


Thanks everyone.


Luke

steampowered

The time frames and steps are going to very much depend on the case.

Some medical negligence cases are much more complicated than others.

lukerichardson40

Thanks for the reply steampowered.

Generally speaking, what would the steps be?

Short version - I work where we don't have access to hospitals or doctors immediately. We depend on a medic. Medic totally ignored my symptoms for a week, constantly fobbing me off which turned to a severe infection requiring air lifting to intensive care for 4 days. It was another medic who realised I was very ill.

So far solicitors have gathered my records, other side have them and our allegations. Waiting for them to respond. They have until December. What would the steps after this be? I'm assuming this is where they hold their hands up and say they made a mistake, or they deny our claims, or some of them?

I'm sure there are many variables involved, but if they accept they did wrong, what happens? It's been hard to get a plain answer from the solicitors. Probably because there isn't one?

agrinnall

Is this in the UK but working offshore? Was your location subject to UK laws at the time you were ill?

lukerichardson40

Yes, offshore U.K. Not many miles from shore. We can see land. Subject to U.K. Laws.

steampowered

So far solicitors have gathered my records, other side have them and our allegations. Waiting for them to respond. They have until December. What would the steps after this be? I'm assuming this is where they hold their hands up and say they made a mistake, or they deny our claims, or some of them?

It sounds like your solicitors have written the other side a 'letter before action'.

If that is the case, the next step would be to commence formal legal proceedings. This would require completing a particulars of claim.

After that, would come case management. For a medical negligence case one or more independent experts would typically be appointed to advise the court on medical issues.

Then there would be the evidence gathering stage. Your solicitors would seek disclosure of any relevant documents from the Defendant. You would need to prepare a witness statement, as would any other relevant witnesses.

Finally, there would be a hearing.

In most cases, a settlement offer would be made. Settlement offers can be made and discussed at any stage of the court process. You would have to decide whether to accept any offer made or not.

I'm sure there are many variables involved, but if they accept they did wrong, what happens? It's been hard to get a plain answer from the solicitors. Probably because there isn't one?

It would be very unusual for a Defendant to formally accept that they were negligent.

If the Defendant feels that the court is likely to find that they were negligent, it is likely that a settlement offer would be made. Most settlements are done on a "no admission of liability" basis.

If the Defendant does admit that they were negligent - which is extremely unlikely - the only question would be how much compensation you should receive.

stuartJo1989

Medical negligence claims seem to me like they could be quite complex!

I wouldn't immediately conclude that a medic "fobbing you off" was negligence on their part, but certainly depends on quite a few factors (did they follow their procedures? were you working in an environment which contributed to/caused your issues? Did you present vague symptoms or specific ones?).

I think you'd have to wait until the solicitors come back, because they are much more well-positioned to inform you than a random internet stranger

Though I do note your fairly recent bout with "severe depression" and you taking off time for that. I'd be curious to know whether you were presenting physical symptoms to "their doctor" as well.... Why? Because maybe, just maybe, you were "fobbed off" because you presented symptoms similar to those you presented when depressed. A sort of 'the boy who cried wolf' situation.

bris

In your case it would all hinge on whether or not it was obvious. If there were other factors involved such as the symptoms were more likely just the flue etc then that wouldn't be classed as negligence.


Sometimes you just need to get worse before they can really tell, which in this case happened, doesn't necessarily make the first medic negligent though.

unholyangel

Negligence claims (whether medical or not) all centre around the same steps.

1. That the defendant owed you a duty of care
2. That they were negligently in breach of their duty
3. That their breach caused you damage/loss
4. That the damage/loss is not too remote.


1 isn't an issue here. 2 you would need to prove they failed to meet the standard of a reasonably skilled medic. Simply making a mistake or getting it wrong is not proof of negligence. Also, if there is a divided opinion among a profession, they're not held to be negligent merely because there is a body with a different view. Basically you're looking to show that any medic carrying out their duties with reasonable care & skill would have caught the diagnosis and wouldn't have made the same mistake.

3....you haven't mentioned in what way their failure to diagnose you has affected you, but you need to have suffered some damage/loss due to their breach. If the result could have or would have been the same then its unlikely they will be held liable as the damage/loss is not because of their negligence.

lukerichardson40

Thanks everyone for your replies!


Steampowered... thank you, that is very helpful. I am awaiting an appointment with a specialist which my solicitor has arranged. And I agree, I very much doubt they will accept any liability. I am pretty sure they have gathered all the evidence they can in regards to my medical records, so they are getting somewhere. I think we are now at the point where, as you say, "if the defendant feels that the court is likely to find that they were negligent, it is likely that a settlement offer would be made. Most settlements are done on a "no admission of liability" basis." so maybe that is what they are waiting for in December.


Stuartjo1989. Again, thanks for your reply. All input here has been very helpful. I will address your comments -


"I wouldn't immediately conclude that a medic "fobbing you off" was negligence on their part, but certainly depends on quite a few factors (did they follow their procedures? were you working in an environment which contributed to/caused your issues? Did you present vague symptoms or specific ones?)"


To answer that, I believe I was presenting very specific symptoms. I couldn't breath very well and was coughing up blood (not just little bits, quite a lot, along with a multitude of black/yellow/green stuff, then later a pink foam kind of substance). I was taken to intensive care with a bad dose of pneumonia and a collapsed lung. His response to coughing blood up was a bottle of cough medicine. No checks of any sort. According to the medic it was normal to cough blood with a chesty cough. It took just over a week of symptoms, getting gradually worse for a different medic to help.

"I think you'd have to wait until the solicitors come back, because they are much more well-positioned to inform you than a random internet stranger "


Of course, I agree with this but it is nice and helpful to get some points of view from strangers.

"Though I do note your fairly recent bout with "severe depression" and you taking off time for that. I'd be curious to know whether you were presenting physical symptoms to "their doctor" as well.... Why? Because maybe, just maybe, you were "fobbed off" because you presented symptoms similar to those you presented when depressed. A sort of 'the boy who cried wolf' situation. "


I could understand this, but the issue here occurred prior to my depression. 3 years ago almost. My depression was brought about by a number of factors, this being one of them, the major being paternal post natal depression (I had no idea Dad's could get it, but they can, and its awful). I appreciate your point of view, but I am confident depression wouldn't make my lungs bleed As a side, I am better from both pneumonia and that bout of depression now and feel infinitely better.


Unholyangel. The medics here have a phone number they are advised, even encouraged to call, when they are not totally sure what is going on. I let the medic know at least twice a day that something was very wrong and it wasn't just a cough. He didn't even listen to my chest, just gave me bottles of cough medicine.


The last day, the day I ended up in intensive care, he gave me some nasal spray because according to him I couldn't breath very well because I just had a blocked up nose. Less that 10 hours later it turned out I couldn't breath because 1 lung had collapsed and the other was filling up with liquid.


It was the second medic who did recognise I was poorly and had me in hospital an hour after I saw him.


I had several follow ups appointments after this. Was off work for a few months. Physically it took its toll on me. One of the doctors described it as having the same severity as a heart attack. My fitness levels still aren't what they used to be, but I am getting there. Maybe its because I am 3 years older now who knows. It isn't for me to say if the result would have been the same or not. In my non medical opinion I think the severity could have been limited if I had been sent to see a real doctor (this guy was a basic medic, not a doctor). Perhaps a course of antibiotics and rest, who knows, that is for the experts to tell.


Hope that helps a little with the background and clears up some points.

stuartJo1989

lukerichardson40 wrote: »

To answer that, I believe I was presenting very specific symptoms. I couldn't breath very well and was coughing up blood (not just little bits, quite a lot, along with a multitude of black/yellow/green stuff, then later a pink foam kind of substance). I was taken to intensive care with a bad dose of pneumonia and a collapsed lung. His response to coughing blood up was a bottle of cough medicine. No checks of any sort. According to the medic it was normal to cough blood with a chesty cough. It took just over a week of symptoms, getting gradually worse for a different medic to help.

https://beta.nhs.uk/conditions/cough/?WT.mc_id=organic_split

http://www.nhs.uk/conditions/coughing-up-blood/Pages/Introduction.aspx

Chesty cough + coughing up blood, according to the NHS websites above, is not typically something serious (usually a chest infection which can't really be treated with antibiotics). The struggling to breathe symptom is probably a bit more concerning though, but still likely to be a chest infection.

Based on the NHS website, I could see quite a fair few medical practitioners taking a "let's see how it goes" approach here (though a GP would probably be more likely to cover their backs and get you tested). So not 100% sure if the INITIAL advice from the medic was negligent.... I actually think it was the correct advice in the initial stages.

I think it hinges more on what they said when your symptoms got worse. Would also be interesting to know what the procedures are for a medic if an employee presents serious symptoms (ie what happens if, for example, someone has a heart attack on site?).

Like I said earlier though, it is way too complex and you should keep it to your solicitors. Asking on a public forum only invites potential crackpots like me to suggest things which may or may not be correct.

I could understand this, but the issue here occurred prior to my depression. 3 years ago almost. My depression was brought about by a number of factors, this being one of them, the major being paternal post natal depression (I had no idea Dad's could get it, but they can, and its awful). I appreciate your point of view, but I am confident depression wouldn't make my lungs bleed As a side, I am better from both pneumonia and that bout of depression now and feel infinitely better.

Fair enough. I was more under the impression that the depression came before this medical issue (thought it was within the last few months). As you've cleared it up, my points about your depression are moot.