Experience in Medical Negligence Claims for Deceased

Nikobee

Hello

I'm looking for advice from anyone who may have knowledge or experience in making clinical negligence claims against the NHS for a deceased relative. 

My father was taken into hospital in 2016 on the back of a pre existing condition he had for over 20 years prior. He was in hospital.for several months. When he was in hospital we noticed a fast, considerable change in his mental health and capability. We were seen by a Dr very briefly who very blasé said "oh well that's because you're on mirphone every day". We asked them why he was still on morphone as this was only administered for a chest drain procedure that had gone months before and they couldn't tell us. They told us it would stop. When my father was discharged he went to stay with a family member and was admitted back into their local hospital within 24 hours where a Dr confirmed he was suffering with morphine withdrawal. the hospital had not stopped weeks before as we had requested. 

My Father spent the next four years addicted to morphine. His GP continued to prescribe it for no reason, my Dad in his desperation and confusion took it. When preparing for dialysis his nurse was horrified that he was being prescribed it for no reason and given no alternatives. She even suggested switching to oxycodone on a low dose to weem off or else the dialysis was pointless. This was ignored by the GP. We only got him off of it in 2019 when he had a stint in hospital and we managed to convince him he was having it in a drip. When he was discharged he was delighted he was no longer reliant but for several months the Dr kept issuing the morphine despite my own and my father's attempts to stop. I had to remove the morphine from my dad's home every month and return it to clinical waste. 

Unfortunately this was too little too late and within six months he had died due to chronic renal and liver failure. 

Obviously last year was a whirlwind. I did try complaining to the hospital originally but they only confirmed they had issued morphine and didn't address the concerns, and I didn't have the mental capacity to pursue at the time due to caring responsibilities. The GP batted me away. 

When I built up the strength enough to pick this up last year, I had only two months to gather everything and a solicitor told me nobody would likely take the case in as in December it would be statute barred as it would be 12 months since death. 

I feel this is somewhat unfair given a) the grieving process anyone goes through but also the exceptional circumstances of 2020 as a whole. 

Whilst I'm.not looking to make big bucks from my dad's death, I feel the GP who treated my father is negligent and this could be happening to other people. I also believe the hospital was negligent and could never explain to me why there was morphine issued for so long. 

Can anyone advise if there is a way to get around the 12 month bar and my best course of action to have those responsible for this investigated? 

Flugelhorn

If it is an explanation rather than big bucks that you want then you need to follow the complaints procedure for the GP and the hospital. PALS should help you at the hospital and the practice manager / complaints lead should help you at the practice

Manxman_in_exile

I'm not sure the estate of a dead person can initiate a medical negligence claim on behalf of the deceased.  Is it possible at all?  It is quite possible that even if it can be done then there is a 12 month time limit.  And if the estate can sue, I'm not sure what you could sue for.

What I suggest you should be doing is (1) as the estate of your father ask for copies of his medical records and notes from the hospital and his GP, and (2) make formal written complaints against the hospital and the GP.  Check what their formal complaints procedures are and follow those.  (Although if the hospital complaints procedure talks about complaining initially to PALS - Patient Advice and Liaison - ignore that and complain directly to the trust's chief executive and trust company secretary - you'll find them on the hospital website.)

You may want to wait until you've received the medical records before complaining.

In the case of the GP you might also want to consider formal complaints to your local Clinical Care Commissioning Group and the General Medical Council.  You may also want to complain to the GMC about the hospital doctors who treated him.

Have you asked Citizens Advice?

MalMonroe

Hi, I'm so sorry that you lost your Dad.

You CAN claim medical negligence on behalf of a deceased person and the time limit is 3 years in the UK.

Citizens Advice has some great info on their site, and also some information about organisations that can help you. Click this link - https://www.citizensadvice.org.uk/health/nhs-and-social-care-complaints/nhs-complaints-who-is-your-complaint-against/nhs-hospital-complaints/

When my Dad died in hospital there was such a big kerfuffle we didn't know what had happened. He had had to have surgery, we went to see him afterwards. He seemed fine, we were told he was recovering exceptionally well and he was chatting to us. Suddenly two nurses rushed into the room and started unhooking his IV leads in a big rush. They said now would be a good time to say our goodbyes. We were devastated. With his support gone, he died a few minutes later in front of our very eyes. Once we had recovered (and that took a while, sadly) we made complaints. We were given copies of Dad's medical notes and they were combined with another patient's notes - they had the same first name. Just absolutely careless. It upsets me now writing this and he passed away 11 years ago. 

You CAN do something, please do. You don't need a solicitor and I agree that there appears to have been gross negligence here. It also seems as soon as people get past a certain age they're treated like rubbish. 

Treatment like this needs to be reported and officially recorded. Even if you don't get any compensation, you may be able to prevent this happening to other people. 

Flugelhorn

Just make sure you know what you want out of the process - this usually
1) an explanation
2) recognition by those who cared for him that they did something wrong
3) compensation

Many people say "it isn't abut the money" but often it is - many of my colleagues have had these cases against them and bizarrely the individuals happily stay as their patients.
I think here that an explanation and clarity about what happened is the key 

jasdog

Nikobee said:

Hello

I'm looking for advice from anyone who may have knowledge or experience in making clinical negligence claims against the NHS for a deceased relative. 

My father was taken into hospital in 2016 on the back of a pre existing condition he had for over 20 years prior. He was in hospital.for several months. When he was in hospital we noticed a fast, considerable change in his mental health and capability. We were seen by a Dr very briefly who very blasé said "oh well that's because you're on mirphone every day". We asked them why he was still on morphone as this was only administered for a chest drain procedure that had gone months before and they couldn't tell us. They told us it would stop. When my father was discharged he went to stay with a family member and was admitted back into their local hospital within 24 hours where a Dr confirmed he was suffering with morphine withdrawal. the hospital had not stopped weeks before as we had requested. 

My Father spent the next four years addicted to morphine. His GP continued to prescribe it for no reason, my Dad in his desperation and confusion took it. When preparing for dialysis his nurse was horrified that he was being prescribed it for no reason and given no alternatives. She even suggested switching to oxycodone on a low dose to weem off or else the dialysis was pointless. This was ignored by the GP. We only got him off of it in 2019 when he had a stint in hospital and we managed to convince him he was having it in a drip. When he was discharged he was delighted he was no longer reliant but for several months the Dr kept issuing the morphine despite my own and my father's attempts to stop. I had to remove the morphine from my dad's home every month and return it to clinical waste. 

Unfortunately this was too little too late and within six months he had died due to chronic renal and liver failure. 

Obviously last year was a whirlwind. I did try complaining to the hospital originally but they only confirmed they had issued morphine and didn't address the concerns, and I didn't have the mental capacity to pursue at the time due to caring responsibilities. The GP batted me away. 

When I built up the strength enough to pick this up last year, I had only two months to gather everything and a solicitor told me nobody would likely take the case in as in December it would be statute barred as it would be 12 months since death. 

I feel this is somewhat unfair given a) the grieving process anyone goes through but also the exceptional circumstances of 2020 as a whole. 

Whilst I'm.not looking to make big bucks from my dad's death, I feel the GP who treated my father is negligent and this could be happening to other people. I also believe the hospital was negligent and could never explain to me why there was morphine issued for so long. 

Can anyone advise if there is a way to get around the 12 month bar and my best course of action to have those responsible for this investigated? 

My mother suffered a accident in a care home which she was hospitliesd 18 days later she died. It took 18months of meetings and  enquiries for very high up team of professionals to come up with cause of the accident was inconclusive. Be prepared for a long fight . With people who are investiging themselves and are looking for no one to blame.