Medical negligence claim?

jeanmd

Sorry if this is on the wrong forum.
A relative has been advised by their GP on numerous occasions over the last year to sue the hospital where they had surgery, but they have been against this until recently when they have had to give up work.

The procedure was done in a private hospital through the NHS. Normally, the patient would be in hospital 7-10 days following the operation, yet the private hospital discharged them straight from critical care the day following the op. Leaving them standing outside waiting for someone to come pick them up.

They had complications which meant they had to go to a NHS hospital four days after op and the NHS then sent a nurse daily to care from them. They were told by the NHS that they should have still been in hospital and offered them a bed, but as they had been home three days they felt they would be taking up a bed that was needed by someone else.

So to get to the bit where they need help: They phoned one of the companies that offer to claim for medical negligence who listen to all their information, only to be told it was too complicated for them. Who is the best people to help them? Would they be suing the Dr who signed the discharge papers, the private hospital or the NHS?

bris

The company refused because it's not a slam dunk. These companies (no win no fee) only take on cases where they know for certain they will win.


You need to seek a solicitor that has experience but will need paying for their services whether they win or lose. You can get help, but it will cost you, if you win you get it all back though so consider it an investment, if you have a case.


This is complicated, no one here can give you the information you need.

Les79

jeanmd wrote: »

They were told by the NHS that they should have still been in hospital and offered them a bed, but as they had been home three days they felt they would be taking up a bed that was needed by someone else.

Just to zoom in on this bit...


Seems a bit weird to me how your relative refused a bed despite having to go back due to complications after 4 days. Especially when you use the phrase "critical care" in reference to the initial procedure.


I just can't help but feel that your relative made some of these key decisions under their own free will? They effectively CHOSE to be discharged and only after realising that it was the wrong decision are they trying to get compensation.


Who knows?! I'm literally speculating and I could be a mile off.


But here's the advice bit:


1. Go speak to a few more no-win-no-fee solicitors as they may have a lower threshold for taking on your case.


2. If that fails then you are fully entitled to PAY for a solicitor and they'll probably be more than happy to delve into it. You may even be able to get a free initial consultation with one.


3. Do they have any sort of insurance which may assist here?

steampowered

To make a legal claim for medical negligence, you need to be able to demonstrate injury or loss as a result of the negligence.

I'm struggling to see what injury has been suffered here?

To win compensation your relative would probably need to prove that the complications were a result of being discharged too early. If the relative would have suffered the complications anyway, it is difficult to see a valid claim.

No-win-no-fee places will not not usually take on cases where the expected level of compensation if the case is successful would not be enough to justify taking on the case.

As well as the cost of a solicitor running the case, there are court fees and expert fees (i.e. you or the solicitor would probably have to pay for an independent expert) that need to be paid for.

If your relative can't point to specific injury/damage caused by the negligence, it will not be worth the cost of taking this further.

Blackbeard_of_Perranporth

Before spending time on this, did your elderly relative discharge them self from hospital care? If yes, then I would not waste your time.

unholyangel

Also to add to the above that a difference of opinion doesn't necessarily mean they were negligent. To be negligent they need to have fallen below the reasonable standard - that no one of their experience level (a GP wouldn't be held to the same standard as a senior specialist consultant would) would have taken the same course of action.

meer53

I've had several procedures at private hospitals in the last 2 years. I can't imagine any doctor I have ever seen who would discharge a patient unless they were fit to leave (unless the patient decided to leave voluntarily) Also I have always been picked up by someone but have never been asked to wait outside. I could have waited outside but that would have been my choice. As to who to sue, if they decided to refuse the offer from the NHS of a bed, what exactly is wrong ? And why now ?

[Deleted User]

jeanmd wrote: »

Would they be suing the Dr who
?

She's back on BBC1 New Year's Day..

Blackbeard_of_Perranporth

Moneyineptitude wrote: »

She's back on BBC1 New Year's Day..

Scrap the regressive tv tax

jeanmd

Les79 wrote: »

Just to zoom in on this bit...


Seems a bit weird to me how your relative refused a bed despite having to go back due to complications after 4 days. Especially when you use the phrase "critical care" in reference to the initial procedure.
They had a four year old at home who thought they were going to lose a parent. That parent came home when DISCHARGED from the private hospital. The 4yo was super stressed that parent was going back to hospital. They were in bed at home andcould receive medical care through nurses after going to the NHS hospital. The operation had a life threatening/changing risk with their specialist refusing to operate for a while until the risk of not operating became too great. They were expecting to stay in hospital, but were told to leave.


I just can't help but feel that your relative made some of these key decisions under their own free will? They effectively CHOSE to be discharged and only after realising that it was the wrong decision are they trying to get compensation.
See above. Did you not get the part where their GP has been telling them to sue?
Who knows?! I'm literally speculating and I could be a mile off.


But here's the advice bit:


1. Go speak to a few more no-win-no-fee solicitors as they may have a lower threshold for taking on your case.


2. If that fails then you are fully entitled to PAY for a solicitor and they'll probably be more than happy to delve into it. You may even be able to get a free initial consultation with one.


3. Do they have any sort of insurance which may assist here?

Thank you for your input, I will pass it on.

jeanmd

Blackbeard_of_Perranporth wrote: »

Before spending time on this, did your elderly relative discharge them self from hospital care? If yes, then I would not waste your time.

Not elderly, only in their thirties and NO they were expecting to stay in, but someone came round and told them they were discharged and they needed the bed. The security person at the entrance brought them a chair to sit on whilst they were waiting to be picked up as they felt so ill.