Misdiagnosed and treated for two years - NHS Medical Negligence Suit?

hertsgirl44

PterionPterion said:

Firstly I'm sorry to hear of your experience. 
It is a difficult and complex situation one which most definitely requires legal negligence specialist advice. Several things stand out. 
1. As mentioned in another comment, clarification is needed as to whether the lab were incorrectly testing/analysing/producing results or whether they were incorrectly interpreted. This will usually require legal specialists as the lay person is usually spun in circles. 
2. If the errors weigh heavier on the lab side then it is questionable as to why multiple doctors have come to the same conclusion repeatedly. How frequently did you return to the practice in the time period as 2 years is a long time to monitor/review especially if there is no improvement in dose response and symptoms are worsening dramatically. 
You mentioned over 25 blood tests, were all of these conducted by the same lab. Furthermore what was the indication for procedure under general anaesthetic. 
What could complicated matters is the lack of diagnosis at present. Unfortunately practitioners can only go by what results show them and referral guidelines. (Referring every patient who isn't improving to secondary care is not viable and sometimes all primary options have to be exhausted before referrals. This is why I believe it is important to note how many visits and the outcomes of those visits)

Thanks for your help, and agreed I probably need professional advice and I will definitely seek that as a next step. 

To your first point, yes I agree and unfortunately do not have enough information to know what has fully gone wrong here. I'm going to be writing to the CCG today. 

To your second point, I probably had around 30-35 consultations with a doctor under the practice and yes every blood test I had over that period was conducted by the same lab. After two years I was then finally referred to a specialist who on first examination and the first blood test spotted the issue. 

Over the two years though I was referred to other specialists for my increasing symptoms just never a thyroid specialist. I was referred to a gastro consultant after a year where I had multiple inconclusive tests and the same for gynaecology which led to me having an investigative laparoscopy under GA which found nothing. Looking back now I understand the issues and symptoms I was having was due to being on strong hormone medication that I did not need potentially giving me the side effects of hyperthyroidism (opposite end of the hormone scale to hypothyroidism). 

Thanks so much! 

hertsgirl44

Justiceforme said:

Hi, you can write to your doctors and request a copy of your medical records, this may give some clarification but I think you have to confirm that you will not use these records for medical negligence cases, I may be wrong.  You will need to speak a specialist in medical negligence.  Have you checked whether your home insurance has any legal cover?

Thanks, unfortunately no I'm not covered through work, life or home insurance so would be out of pocket for anything. 

dawnybabes

hertsgirl44 said:

Justiceforme said:

Hi, you can write to your doctors and request a copy of your medical records, this may give some clarification but I think you have to confirm that you will not use these records for medical negligence cases, I may be wrong.  You will need to speak a specialist in medical negligence.  Have you checked whether your home insurance has any legal cover?

Thanks, unfortunately no I'm not covered through work, life or home insurance so would be out of pocket for anything. 

That’s a shame, we’re pursuing a negligence claim and are using our house insurance.  Are you in a union or anything ? 

Greylocks

hertsgirl44 said:

Greylocks said:

In endocrinology it is well known heterophile antibodies occasionally produce misleading results even in the best run laboratories. Which is why you were eventually referred to a specialist where further tests were performed to explain the anomaly between your clinical symptoms and your original blood tests.
It may be difficult to ascribe negligence to the original blood screening as you may be a 0.01% outlier

Thanks for sharing. If it's a well-known issue, could it not have been screened for? Particularly as I had around 25 blood tests at the practice? The first test I had with the specialist must have screened for it as standard and that is why they didn't get a Hypothyroidism reading? Really appreciate your help! 

Heterophile antibodies will rarely if ever be screened for due to time constraints and technical difficulties in doing so. It would be impractical to screen everyone. So the next best thing happens - reliance on anomalies in results being detected before being issued to the GP or if the results are not consistent with the clinical presentation the GP can refer to a specialist. Often a different method of analysis is then used to confirm the anomaly.

pickledonionspaceraider

I completely understand your frustration with this.  I really do.  I have been misdiagnosed, and fobbed off for 15 years, and was only diagnosed with my condition in January this year...and even since then I have been given no treatment for this.

However, to try and squeeze money out of the over stretched NHS esp during the Pandemic, is not for me.  I have lodged a complaint through PALS and an acknowledgement of the issues and apology would do me OK. I am not knocking those who do, but you have to think, you are only taking away resources...and adding to the problem

PterionPterion

pickledonionspaceraider said:

I completely understand your frustration with this.  I really do.  I have been misdiagnosed, and fobbed off for 15 years, and was only diagnosed with my condition in January this year...and even since then I have been given no treatment for this.

However, to try and squeeze money out of the over stretched NHS esp during the Pandemic, is not for me.  I have lodged a complaint through PALS and an acknowledgement of the issues and apology would do me OK. I am not knocking those who do, but you have to think, you are only taking away resources...and adding to the problem

Having spent time in both the clinical and financial arms of the NHS I both agree and disagree. Of course the NHS is significantly overstretched and in certain areas underfunded but is also wasteful in other areas and a bureaucratic mess. Unfortunately it is seen as unpatriotic to say this but the number of avoidable careless mistakes, mismanagement and poor treatment of patients (denial, refusal to acknowledge until strict legal action, non disclosure agreements, unnecessary expensive contracts etc) is overlooked. 

The duty of care is to the patient and not pocket and in some cases incorrect diagnosis only creates further costs. 
Although in this case it seems diagnosis was not clear cut, sometimes lessons are not learnt until there is a price to pay. 

On the other hand your stance is noble and admirable. 

JamoLew

PterionPterion said:

pickledonionspaceraider said:

I completely understand your frustration with this.  I really do.  I have been misdiagnosed, and fobbed off for 15 years, and was only diagnosed with my condition in January this year...and even since then I have been given no treatment for this.

However, to try and squeeze money out of the over stretched NHS esp during the Pandemic, is not for me.  I have lodged a complaint through PALS and an acknowledgement of the issues and apology would do me OK. I am not knocking those who do, but you have to think, you are only taking away resources...and adding to the problem

Having spent time in both the clinical and financial arms of the NHS I both agree and disagree. Of course the NHS is significantly overstretched and in certain areas underfunded but is also wasteful in other areas and a bureaucratic mess. Unfortunately it is seen as unpatriotic to say this but the number of avoidable careless mistakes, mismanagement and poor treatment of patients (denial, refusal to acknowledge until strict legal action, non disclosure agreements, unnecessary expensive contracts etc) is overlooked. 

The duty of care is to the patient and not pocket and in some cases incorrect diagnosis only creates further costs. 
Although in this case it seems diagnosis was not clear cut, sometimes lessons are not learnt until there is a price to pay. 

On the other hand your stance is noble and admirable. 

100% agree - however hospitals will have insurance in place for such eventualities anyway - so the actual cost is vastly mitigated

I think where patients have experienced genuine harm (physical and/or emotional) then it is not unrealistic for them to expect some form acceptable of compensation. For some this may well be in the form of an apology - for others this may be monetary. Don't forget that some of the more serious mistakes can lead to life changing effects to the patient which may have a significant cost assigned to it (in some way or another)

My personal view is that it is very much up to the individual as only they will know what will suffice - but due process should always be followed

pickledonionspaceraider

PterionPterion said:

 some cases incorrect diagnosis only creates further costs. 

You know, that is exactly what happened with me.  Dozens of tests/scans etc, when if dealt with correctly, there would have been no need for most of them

hertsgirl44

As an update I have now contacted the CCG to raise a formal complaint and asked they look into what has gone wrong to provide me with some answers. Thanks for all your help, I’ll keep you posted. 

pickledonionspaceraider

JamoLew said:

PterionPterion said:

 Don't forget that some of the more serious mistakes can lead to life changing effects to the patient which may have a significant cost assigned to it (in some way or another)

Oh I can barely forget that, I am living with that situation.
I think everyone needs to do what they think is right y'know, it is one of those situations.  Like I said before, I am not knocking people who chose the compo route. When you are left struggling to/unable to work etc, I can see why it may be a complete necessity for things like living costs / adaptations and what have you .