How to pursue a medical negligence claim?
Discussion
Morning,
To cut a long (over a decade) story short, my other half, who has a genetic condition that everything has been blamed on, has recently found out that her hips are structurally wrecked - but that this is both obvious and treatable.
By obvious, I mean that the consultant diagnosed her based on watching her walk 5m. Yet over a dozen GPs/physios/osteopaths/etc., have never picked this up.
Net effect is that she's never been able to work (this would usually have been picked up at 15/16 and fixed, as it wasn't and she was being called a hypochondriac at the time she's not been able to stand/sit for long enough to hold a job). She's been under the (stated) impression that a wheelchair is just a matter of time. That isn't would have been a really bad idea for us to have a child. The list goes on.
It would strongly seem that initially she was pegged as a hypochondriac. Then, after many battles, finally diagnosed with a genetic condition (which she no doubt has) which was then blamed for anything and everything - except this, the main symptoms, have nothing to do with that condition...
We feel (although are prepared to be told we're wrong), that she's gone through years of pain and unnecessary stress, through effectively lazy diagnosis. As such, we feel there's been material losses, as well as psychological and emotional impacts that were unnecessary.
How should we go about looking at whether we're justified in pursuing a claim, and then how best to go about it?
Many thanks,
Sam (and Katherine).
To cut a long (over a decade) story short, my other half, who has a genetic condition that everything has been blamed on, has recently found out that her hips are structurally wrecked - but that this is both obvious and treatable.
By obvious, I mean that the consultant diagnosed her based on watching her walk 5m. Yet over a dozen GPs/physios/osteopaths/etc., have never picked this up.
Net effect is that she's never been able to work (this would usually have been picked up at 15/16 and fixed, as it wasn't and she was being called a hypochondriac at the time she's not been able to stand/sit for long enough to hold a job). She's been under the (stated) impression that a wheelchair is just a matter of time. That isn't would have been a really bad idea for us to have a child. The list goes on.
It would strongly seem that initially she was pegged as a hypochondriac. Then, after many battles, finally diagnosed with a genetic condition (which she no doubt has) which was then blamed for anything and everything - except this, the main symptoms, have nothing to do with that condition...
We feel (although are prepared to be told we're wrong), that she's gone through years of pain and unnecessary stress, through effectively lazy diagnosis. As such, we feel there's been material losses, as well as psychological and emotional impacts that were unnecessary.
How should we go about looking at whether we're justified in pursuing a claim, and then how best to go about it?
Many thanks,
Sam (and Katherine).
Sway said:
By obvious, I mean that the consultant diagnosed her based on watching her walk 5m. Yet over a dozen GPs/physios/osteopaths/etc., have never picked this up.
Is there a possibility that the mistake isn't on the part of the "over a dozen" medical professionals, but the one?If this one is right, and you do find a solicitor willing to take this to court, who are you sueing? All of those individuals? That is going to be one monumentally complex case, and there's obviously going to be a lot more testimony to say it wasn't obvious than to say it was.
TooMany2cvs said:
Sway said:
By obvious, I mean that the consultant diagnosed her based on watching her walk 5m. Yet over a dozen GPs/physios/osteopaths/etc., have never picked this up.
Is there a possibility that the mistake isn't on the part of the "over a dozen" medical professionals, but the one?If this one is right, and you do find a solicitor willing to take this to court, who are you sueing? All of those individuals? That is going to be one monumentally complex case, and there's obviously going to be a lot more testimony to say it wasn't obvious than to say it was.
The current GP has been superb - it's only due to bumping into him and his mate in town (his mate turned out to be a Youth Mobility Specialist at the local Nuffield) that the referral happened, and the diagnosis made...
As for who to sue, I don't know. What I do know (hence the desire to explore the options) is that due to several trusted individuals across the NHS (all within the same Trust) my other half has missed out on higher education, work, holidays, etc., and spent years in significant unnecessary pain.
Any suggestions for a specialist solicitor to have a chat with? As I've already said, if the advice is that there's nothing to be done, so be it.
To be a bit more specific, and to show why we feel this is unacceptable - her genetic condition relates to her ligaments and tendons, this diagnosis has shown that her hip 'ball' is nearly 45 degrees from where it should be.
Treatment will be two operations to split the femur, rotate the joint, bolt it all together and relocate several muscles. Then extended physio to relearn how to walk. 18 months to 2 years to complete the treatment, with significant complications due to her age (she's 32).
Specialist has never needed to do this on anyone over the age of 20,as it's always been picked up much, much earlier due to the pain and restricted mobility this causes...
Treatment will be two operations to split the femur, rotate the joint, bolt it all together and relocate several muscles. Then extended physio to relearn how to walk. 18 months to 2 years to complete the treatment, with significant complications due to her age (she's 32).
Specialist has never needed to do this on anyone over the age of 20,as it's always been picked up much, much earlier due to the pain and restricted mobility this causes...
Hindsight is always 20/20. What you need to ask is not were the opportunities to diagnose wrong (they obviously were) but should a competent person have made a right diagnosis. If the error was fairly made, that is to say a.n.other professional would have come to the same diagnosis then there has been no negligence, just a simple error for which no compensation is due.
Voldemort said:
Hindsight is always 20/20. What you need to ask is not were the opportunities to diagnose wrong (they obviously were) but should a competent person have made a right diagnosis. If the error was fairly made, that is to say a.n.other professional would have come to the same diagnosis then there has been no negligence, just a simple error for which no compensation is due.
This seems very sensible.Voldemort said:
Hindsight is always 20/20. What you need to ask is not were the opportunities to diagnose wrong (they obviously were) but should a competent person have made a right diagnosis. If the error was fairly made, that is to say a.n.other professional would have come to the same diagnosis then there has been no negligence, just a simple error for which no compensation is due.
exactly, and such is the basis of the 'reasonable practitioner' test in law... Not common, but very noticeable whenever hip movement or articulation are observed. Effectively, the plane that her joint moves through is very visibly out of line with knee/ankle, attempting to move her femur at quite a pronounced diagonal rather than forward/back.
As mentioned, she's been seeing GP routinely for the last 15 years, initially being told there was nothing wrong and it was in her head, through to finally accepting she needed physio/rehab on her hips. The three times this has occurred the focus has been her hips, and each time she's been told 'she's not trying hard enough' when she's been putting everything she can into the exercises - leading to tears, frustration and at times depression which she's had CBT for. Each time was with a stated 'specialist', yet none have picked up on this torsion/'binding' caused by the hip and knee fighting each other for direction.
The condition is something we're told by the current specialist is 'always' picked up in late teens when it occurs - the pain is significant, as is the effect on being able to enjoy 'normal' life, so GP visits/referrals to specialist would be the routine method this gets picked up and dealt with whilst young. Often diagnosis is made much earlier but the operations are held back until late puberty. This is why in over a decade he's never had a referral or had to conduct this operation on someone her age.
I'll keep stating it, as some don't seem to read - we're not 'chasing much dollar cos the missus wants a new kitchen'. If we're told there's no case, and no reasonable opportunity to diagnose correctly - fine. No ranting and raving about 'wot I'm entitled to m8', no campaigns or pissy fits.
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred. Fifteen years lost earnings (and experiences, both professionally and socially), plus the mental distress caused by a belief that it's a race against the clock until being wheelchair bound is a reality by late 30s, the accusations of not trying and exaggerating, etc. are not small impacts.
As mentioned, she's been seeing GP routinely for the last 15 years, initially being told there was nothing wrong and it was in her head, through to finally accepting she needed physio/rehab on her hips. The three times this has occurred the focus has been her hips, and each time she's been told 'she's not trying hard enough' when she's been putting everything she can into the exercises - leading to tears, frustration and at times depression which she's had CBT for. Each time was with a stated 'specialist', yet none have picked up on this torsion/'binding' caused by the hip and knee fighting each other for direction.
The condition is something we're told by the current specialist is 'always' picked up in late teens when it occurs - the pain is significant, as is the effect on being able to enjoy 'normal' life, so GP visits/referrals to specialist would be the routine method this gets picked up and dealt with whilst young. Often diagnosis is made much earlier but the operations are held back until late puberty. This is why in over a decade he's never had a referral or had to conduct this operation on someone her age.
I'll keep stating it, as some don't seem to read - we're not 'chasing much dollar cos the missus wants a new kitchen'. If we're told there's no case, and no reasonable opportunity to diagnose correctly - fine. No ranting and raving about 'wot I'm entitled to m8', no campaigns or pissy fits.
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred. Fifteen years lost earnings (and experiences, both professionally and socially), plus the mental distress caused by a belief that it's a race against the clock until being wheelchair bound is a reality by late 30s, the accusations of not trying and exaggerating, etc. are not small impacts.
Sway said:
Any suggestions for a specialist solicitor to have a chat with? As I've already said, if the advice is that there's nothing to be done, so be it.
I'm biased, he's a mate of mine but he's good, very good:http://anthonygold.co.uk/people/dr-jock-mackenzie
Sway said:
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred.
It is to her as she has never paid any NI or income tax.No doubt you are now expecting the NHS to continue to cough up the money to rectify her problems for free while at the same time suing them for not diagnosing it earlier.
Some might consider that ungrateful.
PurpleMoonlight said:
Sway said:
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred.
It is to her as she has never paid any NI or income tax.No doubt you are now expecting the NHS to continue to cough up the money to rectify her problems for free while at the same time suing them for not diagnosing it earlier.
Some might consider that ungrateful.
Don't worry, household income has been far enough into the 'net contributor' quintile that I don't expect the NHS to do anything for free.
For that matter - if a private company gave service that caused material harm, would you not expect them to rectify for free whilst pursuing appropriate recourse?
Not too fussed about perceptions of gratitude, just that all appropriate rectification of the situation is made.
Sway said:
Not common, but very noticeable whenever hip movement or articulation are observed. Effectively, the plane that her joint moves through is very visibly out of line with knee/ankle, attempting to move her femur at quite a pronounced diagonal rather than forward/back.
As mentioned, she's been seeing GP routinely for the last 15 years, initially being told there was nothing wrong and it was in her head, through to finally accepting she needed physio/rehab on her hips. The three times this has occurred the focus has been her hips, and each time she's been told 'she's not trying hard enough' when she's been putting everything she can into the exercises - leading to tears, frustration and at times depression which she's had CBT for. Each time was with a stated 'specialist', yet none have picked up on this torsion/'binding' caused by the hip and knee fighting each other for direction.
The condition is something we're told by the current specialist is 'always' picked up in late teens when it occurs - the pain is significant, as is the effect on being able to enjoy 'normal' life, so GP visits/referrals to specialist would be the routine method this gets picked up and dealt with whilst young. Often diagnosis is made much earlier but the operations are held back until late puberty. This is why in over a decade he's never had a referral or had to conduct this operation on someone her age.
I'll keep stating it, as some don't seem to read - we're not 'chasing much dollar cos the missus wants a new kitchen'. If we're told there's no case, and no reasonable opportunity to diagnose correctly - fine. No ranting and raving about 'wot I'm entitled to m8', no campaigns or pissy fits.
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred. Fifteen years lost earnings (and experiences, both professionally and socially), plus the mental distress caused by a belief that it's a race against the clock until being wheelchair bound is a reality by late 30s, the accusations of not trying and exaggerating, etc. are not small impacts.
While there's no doubt that she has suffered much as a result of her condition not being diagnosed and rectified, try not to focus too much on that, when the real question is whether the fact that it wasn't diagnosed earlier amounted to negligence or not.As mentioned, she's been seeing GP routinely for the last 15 years, initially being told there was nothing wrong and it was in her head, through to finally accepting she needed physio/rehab on her hips. The three times this has occurred the focus has been her hips, and each time she's been told 'she's not trying hard enough' when she's been putting everything she can into the exercises - leading to tears, frustration and at times depression which she's had CBT for. Each time was with a stated 'specialist', yet none have picked up on this torsion/'binding' caused by the hip and knee fighting each other for direction.
The condition is something we're told by the current specialist is 'always' picked up in late teens when it occurs - the pain is significant, as is the effect on being able to enjoy 'normal' life, so GP visits/referrals to specialist would be the routine method this gets picked up and dealt with whilst young. Often diagnosis is made much earlier but the operations are held back until late puberty. This is why in over a decade he's never had a referral or had to conduct this operation on someone her age.
I'll keep stating it, as some don't seem to read - we're not 'chasing much dollar cos the missus wants a new kitchen'. If we're told there's no case, and no reasonable opportunity to diagnose correctly - fine. No ranting and raving about 'wot I'm entitled to m8', no campaigns or pissy fits.
However, the NHS is not free, and even if it were should not be exempted from recourse if true breaches of service and material harm resulting from that have occurred. Fifteen years lost earnings (and experiences, both professionally and socially), plus the mental distress caused by a belief that it's a race against the clock until being wheelchair bound is a reality by late 30s, the accusations of not trying and exaggerating, etc. are not small impacts.
Your first two words were 'not common'. So how uncommon is it? Should the doctor have suspected it and checked, or is is sufficiently uncommon that not suspecting it reasonable if there are more likely conditions that could have presented with similar symptoms?
I refer of course to the "you can hear hoofbeats, is it zebras?" thing that doctors learn as part of their training.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff