Clinical negligence

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katie4
katie4 Posts: 430 Forumite
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in Consumer rights
Hi I am not sure if this is the right forum or not so apologies in advance


il try to make a long story short
husband went to a&e with severe trismus (lockjaw) they sent him away saying theyre not dentist and why hadn't he gone to his dentist, well he had and his dentist told him to go to a&e


by this point he hadn't eaten for almost a week as he physically couldn't anyway we went to a&e of another hospital and they admitted him straight away with concerns that he had a potential mass in his neck and they were worried about his breathing and booked him in for surgery the next day! all a shock he is fine now


but he wrote a complaint to the first hospital about being sent away and how they showed no regard for him what so ever never got a reply rang them theyre dealing with it


rang again today and they have said they feel an apology isn't enough they feel it is more complex and have handed it over to the redress team who deal with clinical negligence


I am just wondering what exactly that means? if anyone can help thanks
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  • waamo
    waamo Posts: 10,298 Forumite
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    It sounds like they are considering offering compensation for their potential error.

    They probably want to avoid the risk of legal action and the expense that it involves.

    Why not ring them to clarify the matter?
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    That sounds as though it may be promising...


    BTW, I would only be communicating with them by writing and not over the 'phone. This leaves a paper trail and also minimises the likelihood of misunderstandings.
  • pramsay13
    pramsay13 Posts: 1,964 Forumite
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    I think you should say to them an apology is perfectly acceptable thank you very much and then sleep easy in the knowledge that you have not added to last year's £1.63bn bill for damages.
    https://resolution.nhs.uk/wp-content/uploads/2018/08/NHS-Resolution-Annual-Report-2017-2018.pdf
  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
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    pramsay13 wrote: »
    I think you should say to them an apology is perfectly acceptable thank you very much and then sleep easy in the knowledge that you have not added to last year's £1.63bn bill for damages.
    https://resolution.nhs.uk/wp-content/uploads/2018/08/NHS-Resolution-Annual-Report-2017-2018.pdf
    Whilst this is the right answer, a written apology would be used by some to screw even more,in the way of compensation, out of them.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • katie4
    katie4 Posts: 430 Forumite
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    pramsay13 wrote: »
    I think you should say to them an apology is perfectly acceptable thank you very much and then sleep easy in the knowledge that you have not added to last year's £1.63bn bill for damages.
    https://resolution.nhs.uk/wp-content/uploads/2018/08/NHS-Resolution-Annual-Report-2017-2018.pdf

    Thanks for your reply my husbands life was put in danger and we felt we had to write to them to inform them of what had happened so it won't happen to anybody else, we were never expecting any form of compensation
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    katie4 wrote: »
    Thanks for your reply my husbands life was put in danger and we felt we had to write to them to inform them of what had happened so it won't happen to anybody else, we were never expecting any form of compensation

    How long was between hospital visit 1 and hospital visit 2?
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    edited 9 November 2018 at 1:35PM
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    pramsay13 wrote: »
    I think you should say to them an apology is perfectly acceptable thank you very much and then sleep easy in the knowledge that you have not added to last year's £1.63bn bill for damages.
    https://resolution.nhs.uk/wp-content/uploads/2018/08/NHS-Resolution-Annual-Report-2017-2018.pdf


    Having worked in the NHS for 25 years I'm not sure that I agree with you.


    The level of damages awarded against NHS trusts was a popular topic for discussion amongst senior managers. My view was always that if you don't want to pay out you have to ensure that your staff are competent and not negligent in any way.


    In any case, it's not clear what harm if any the husband suffered, and the OP says all they want is an apology. (EDIT: although if the OP and her husband had not gone to another A&E dept. the outcome may have been different. It's not acceptable).


    Personally, as a former NHS manager, I'd also want to know what steps the trust is taking to minimise this sort of failure happening again.


    (In some health systems damages for clinical negligence have been capped which has resulted in falling standards of care.)
  • Pennywise
    Pennywise Posts: 13,468 Forumite
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    Nothing to stop you donating any compensation you receive to a good cause or charity. If it were me, after family members suffering medical negligence but deciding not to pursue it (and suffering more negligence later!), I'd definitely pursue it in the hope the changes would be made meaning the NHS doesn't harm others.
  • katie4
    katie4 Posts: 430 Forumite
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    marliepanda wrote: »
    How long was between hospital visit 1 and hospital visit 2?
    we went the next day
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    katie4 wrote: »
    we went the next day

    Okay. When you said to the doctor/nurse 'we have already been to the dentist and they advised A&E' what was their response?
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