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Medical negligence claim?

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  • jeanmd
    jeanmd Posts: 2,361 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    edited 30 December 2018 at 2:07AM
    meer53 wrote: »
    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 ?

    I cannot understand why the Dr discharged them when they were due to stay for 7-10 day. Again, No they did not leave voluntarily.

    The reason they are thinking about it now is they still have problems that their GP feels is due to the complications they suffered. These problems have got to the point where they have to give up working.
    £2021 in 2021 no.17 £1,093.20/£2021
  • jeanmd wrote: »
    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.
    Did the relative discharge them self?
  • Did the relative discharge them self?

    I think this could very well be the crux of this case.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Cetshwayo wrote: »
    I think this could very well be the crux of this case.

    OP says not.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    edited 30 December 2018 at 11:28AM
    jeanmd wrote: »
    I cannot understand why the Dr discharged them when they were due to stay for 7-10 day. Again, No they did not leave voluntarily.

    The reason they are thinking about it now is they still have problems that their GP feels is due to the complications they suffered. These problems have got to the point where they have to give up working.

    I don't think suing anyone will make anything better. Maybe best to concentrate on getting better so they can return to work, a court case is going to be costly and lengthy, if a claims company wont touch the story, it sounds very complicated, do they really need any more stress ? The GP may feel the early discharge has caused the complications but it has to be proved, how would that be done ?
  • DCFC79 wrote: »
    OP says not.

    You would still need to be 110% sure they do not have a piece of paper signed by the patient. Sounds like the patient was distressed at the time.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    See above. Did you not get the part where their GP has been telling them to sue?

    To be honest I wouldn't rely on a GP for legal advice. As you have found out doctors aren't infallible.
  • Les79
    Les79 Posts: 1,337 Forumite
    edited 30 December 2018 at 8:41PM
    jeanmd wrote: »
    Thank you for your input, I will pass it on.


    I understand why you used the red text to reply to me, but it makes it very difficult for me to quote your points in my reply. I'd recommend considering simply replying with paragraphs going forward, but that's ultimately your decision.

    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 sort of *get* your point about the INITIAL discharging, but I was actually talking about what happened 4 days later in my post...


    You stated:

    you wrote:
    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.


    That is the refusal I'm talking about. The refusal to remain in hospital after returning a few days later with complications due to a "critical care" operation.




    See above. Did you not get the part where their GP has been telling them to sue?
    Fair point, I admit that I missed this point in your initial post..


    Listen, at the end of the day I am just speculating and trying to pick apart the argument. This is the sort of thing which the defense would do IF YOU SUE so don't take it personally :) It is a good exercise for you. Your GP sounds like an enabler, someone who pushes you but doesn't offer you any substance.


    Ultimately, though, I actually provided some fairly accurate advice in regards to your next steps. Medical negligence claims can be really complex and people will be trying to pick it apart to discredit it. If you have already been jibbed off by a no-win-no-fee solicitor then chances are that you have a case which could go either way and, sadly, you'll need to put down your own money to pursue it if none of the other free ones have a lower threshold.

    As a side note but does this 4 year old have their parent in their life currently? If so, would you not be tempted to consider that as a successful "critical care" operation given the fact that any one of us can clock off at any time?

  • Hello Jean


    Did you manage to get anyone to take your potantial claim on ?
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