How to pursue a medical negligence claim?
Discussion
Hello, Sorry to hear about the ordeal you and your partner are going through. After reading your posts I am still unclear on what the diagnosis is, perhaps if you could let us know that, we would be better informed, and able to give you better advice. The difficulty you might have is that if a lot of professionals missed the diagnosis, then it's unlikely to be a common condition, or one that is easy to diagnose, or it was a common condition but presented in an atypical manner. Again, a diagnosis would help us here.
Only asking for a solicitor as that's what a poster recommended!
Meddy - the genetic condition is Ehlers Danloss Syndrome, hypermobility type. Linked to this is adenomyosis, which she's had a couple of laperoscopy operation for.
The diagnosis we're talking about here is excessive femoral antiversion, with cam impingement and bone growths, plus a piece missing from front of hip socket.
I'm led to believe by the specialist she's currently seeing that it's very unlikely that the two could be confused.
Meddy - the genetic condition is Ehlers Danloss Syndrome, hypermobility type. Linked to this is adenomyosis, which she's had a couple of laperoscopy operation for.
The diagnosis we're talking about here is excessive femoral antiversion, with cam impingement and bone growths, plus a piece missing from front of hip socket.
I'm led to believe by the specialist she's currently seeing that it's very unlikely that the two could be confused.
Life can be crap. I'm sorry that your o/h has had to go through this. You're clearly angry, but suing hte NHS is going to acheive what exactly? A cash lump sum if you win? £250k, maybe more. Which equals 3 or 4 nurses out of a job as the NHS has to make cuts to cover the litigation of your case. Less nurses equals less care, and more problems slip through the net, as they are only human afterall. Humans that are already working flat out to maintain a broken system.
Go get your money. I hope it's worth it.
Go get your money. I hope it's worth it.
Sway said:
Only asking for a solicitor as that's what a poster recommended!
Meddy - the genetic condition is Ehlers Danloss Syndrome, hypermobility type. Linked to this is adenomyosis, which she's had a couple of laperoscopy operation for.
The diagnosis we're talking about here is excessive femoral antiversion, with cam impingement and bone growths, plus a piece missing from front of hip socket.
I'm led to believe by the specialist she's currently seeing that it's very unlikely that the two could be confused.
thank you. I agree that the two could not really be confused, but most people with excessive anteversion usually have clear signs: The main one being in-toeing of the foot. If this isn't present, it could be difficult to diagnose (for someone who isn't a specialist). Saying that it isn't exactly a rare condition.Meddy - the genetic condition is Ehlers Danloss Syndrome, hypermobility type. Linked to this is adenomyosis, which she's had a couple of laperoscopy operation for.
The diagnosis we're talking about here is excessive femoral antiversion, with cam impingement and bone growths, plus a piece missing from front of hip socket.
I'm led to believe by the specialist she's currently seeing that it's very unlikely that the two could be confused.
I think whatever you decide to do, it would do no harm in speaking to the GP / health professional involved to get their opinion on what happened and why this was missed. And then you can take things from there.
I hope you achieve a satisfactory outcome for you and your partner.
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.
I have mixed thoughts on claims for medical malpractice as the cost to defend them and any compensation means less money for services, on the other hand it is only reasonable that people who have been let down by the system can hold the NHS to account.
Funny thing is, GPs have insurance for just this kind of thing; they pay quite a lot for this cover every year, and it is absurd to say that a successful claim against a medical professional takes funds from the NHS.
I'd also have an interest in what a complaint to the Physio in the OP's situation might reveal
. But always complain formally to a GP Practice (or to the employer of any other medical professional) before attempting to take them to the cleaners (on a no-win-no-fee basis) - you never know how they might drop themselves in it in the subsequent claim 
.
Background:
I'm getting towards the end of a medical negligence claim on behalf of my late wife. She had ENT surgery at the end of 2012, wasn't the same again and collapsed a month later after a steady deterioration - history subsequently dictates that she had meningitis then a small stroke. A complaint to the two GPs who attended her post-surgery and before her collapse resulted in two seperate replies stating specifically that they did not suspect meningitis - cue hollow laughter, as they both wrote this again after a further complaint with more medical details included...
Bit of a fundamental error there, as my wife was presenting with temporal headache and stiffness of the neck for a month - both of which are 'red flag' symptoms of meningitis, as was her fever, and all together would justify an immediate hospital admission with "suspected meningitis". Coupled with other symptoms she was also presenting with, it is basic stuff.
Three days before she collapsed, she was diagnosed with Norovirus by the second GP... The first GP never gave a meaningful diagnosis.
The first GP also wrote in my late wife's GP Record - three weeks before she collapsed, two weeks after the surgery - that there was no photophobia (my info: a classic symptom of childhood meningitis, along with the rash which doesn't disappear when a glass is pressed into it as well as a headache, but symptoms of adult meningitis can be more varied yet include photophobia), so he is mistaken in later saying twice that he did not suspect meningitis... Imagine having to fight *that* in court
.
But as an exemplar in complaining before taking legal advice, it has been insightful . Line your ducks up/set your stall out before taking legal advice 
.
I'd also have an interest in what a complaint to the Physio in the OP's situation might reveal
. But always complain formally to a GP Practice (or to the employer of any other medical professional) before attempting to take them to the cleaners (on a no-win-no-fee basis) - you never know how they might drop themselves in it in the subsequent claim .Background:
I'm getting towards the end of a medical negligence claim on behalf of my late wife. She had ENT surgery at the end of 2012, wasn't the same again and collapsed a month later after a steady deterioration - history subsequently dictates that she had meningitis then a small stroke. A complaint to the two GPs who attended her post-surgery and before her collapse resulted in two seperate replies stating specifically that they did not suspect meningitis - cue hollow laughter, as they both wrote this again after a further complaint with more medical details included...
Bit of a fundamental error there, as my wife was presenting with temporal headache and stiffness of the neck for a month - both of which are 'red flag' symptoms of meningitis, as was her fever, and all together would justify an immediate hospital admission with "suspected meningitis". Coupled with other symptoms she was also presenting with, it is basic stuff.
Three days before she collapsed, she was diagnosed with Norovirus by the second GP... The first GP never gave a meaningful diagnosis.
The first GP also wrote in my late wife's GP Record - three weeks before she collapsed, two weeks after the surgery - that there was no photophobia (my info: a classic symptom of childhood meningitis, along with the rash which doesn't disappear when a glass is pressed into it as well as a headache, but symptoms of adult meningitis can be more varied yet include photophobia), so he is mistaken in later saying twice that he did not suspect meningitis... Imagine having to fight *that* in court
. But as an exemplar in complaining before taking legal advice, it has been insightful
. Line your ducks up/set your stall out before taking legal advice .fatboy b said:
Life can be crap. I'm sorry that your o/h has had to go through this. You're clearly angry, but suing hte NHS is going to acheive what exactly? A cash lump sum if you win? £250k, maybe more. Which equals 3 or 4 nurses out of a job as the NHS has to make cuts to cover the litigation of your case. Less nurses equals less care, and more problems slip through the net, as they are only human afterall. Humans that are already working flat out to maintain a broken system.
Go get your money. I hope it's worth it.
Generally I would totally agree that the US claims culture is appalling.Go get your money. I hope it's worth it.
However...... There are circumstances were in my mind it is totally acceptable to pursue financial compensation where somebody has been clearly negligent and the consequences are significant. The NHS owes patients exactly the same duty of care as a private doctor. If it fails to meet that standard & there is an impact on patients it must face consequences. To accept a lower duty of care is the road to ruin for the NHS. For clarity I am not advocating that the NHS provide every service possible, but that it discharges what it does do in a competent manner. In this case ensure that a correct diagnosis is made.
Based on what the OP has put there is a clear case to answer that his wife has suffered a financial loss as a result of a late diagnosis. Was the original incorrect diagnosis negligent, I've no idea, that is what an expert lawyer in medicine could advise.
Life is crap, the NHS may be broken, but it still owes patients a duty of care to ensure it's staff are competent.
GT03ROB said:
fatboy b said:
Life can be crap. I'm sorry that your o/h has had to go through this. You're clearly angry, but suing hte NHS is going to acheive what exactly? A cash lump sum if you win? £250k, maybe more. Which equals 3 or 4 nurses out of a job as the NHS has to make cuts to cover the litigation of your case. Less nurses equals less care, and more problems slip through the net, as they are only human afterall. Humans that are already working flat out to maintain a broken system.
Go get your money. I hope it's worth it.
Generally I would totally agree that the US claims culture is appalling.Go get your money. I hope it's worth it.
However...... There are circumstances were in my mind it is totally acceptable to pursue financial compensation where somebody has been clearly negligent and the consequences are significant. The NHS owes patients exactly the same duty of care as a private doctor. If it fails to meet that standard & there is an impact on patients it must face consequences. To accept a lower duty of care is the road to ruin for the NHS. For clarity I am not advocating that the NHS provide every service possible, but that it discharges what it does do in a competent manner. In this case ensure that a correct diagnosis is made.
Based on what the OP has put there is a clear case to answer that his wife has suffered a financial loss as a result of a late diagnosis. Was the original incorrect diagnosis negligent, I've no idea, that is what an expert lawyer in medicine could advise.
Life is crap, the NHS may be broken, but it still owes patients a duty of care to ensure it's staff are competent.
aw51 121565 said:
Bit of a fundamental error there, as my wife was presenting with temporal headache and stiffness of the neck for a month - both of which are 'red flag' symptoms of meningitis, as was her fever, and all together would justify an immediate hospital admission with "suspected meningitis". Coupled with other symptoms she was also presenting with, it is basic stuff.
I'm really sorry to hear about your wife, but I do need to reply to your post. I'm a paramedic, and I also have other duties that I don't want to say here as they make me identifiable.
Do you know how many people present to healthcare professionals with headaches and stiff necks? Yes, they are red flags for meningitis but I would disagree that those symptoms require immediate hospital admission. If we put everyone with fever, headache and stiff necks in hospital we would need a much bigger NHS.
Please don't look at the facts using only hindsight, look at the facts without knowing the outcome and consider what would be the right thing to do based on the facts as they were known then.
I no doubt will talk to patients today with red flags. However I doubt I will send all or even most to hospital.
Medicine is not an exact science, and people do die. It is human nature for family to look to blame someone but sometimes these things happen despite everyone doing their very best.
Edited by JumboBeef on Sunday 29th May 08:53
aw51 121565 said:
Funny thing is, GPs have insurance for just this kind of thing; they pay quite a lot for this cover every year, and it is absurd to say that a successful claim against a medical professional takes funds from the NHS.
I'd also have an interest in what a complaint to the Physio in the OP's situation might reveal . But always complain formally to a GP Practice (or to the employer of any other medical professional) before attempting to take them to the cleaners (on a no-win-no-fee basis) - you never know how they might drop themselves in it in the subsequent claim .
Background:
I'm getting towards the end of a medical negligence claim on behalf of my late wife. She had ENT surgery at the end of 2012, wasn't the same again and collapsed a month later after a steady deterioration - history subsequently dictates that she had meningitis then a small stroke. A complaint to the two GPs who attended her post-surgery and before her collapse resulted in two seperate replies stating specifically that they did not suspect meningitis - cue hollow laughter, as they both wrote this again after a further complaint with more medical details included...
Bit of a fundamental error there, as my wife was presenting with temporal headache and stiffness of the neck for a month - both of which are 'red flag' symptoms of meningitis, as was her fever, and all together would justify an immediate hospital admission with "suspected meningitis". Coupled with other symptoms she was also presenting with, it is basic stuff.
Three days before she collapsed, she was diagnosed with Norovirus by the second GP... The first GP never gave a meaningful diagnosis.
The first GP also wrote in my late wife's GP Record - three weeks before she collapsed, two weeks after the surgery - that there was no photophobia (my info: a classic symptom of childhood meningitis, along with the rash which doesn't disappear when a glass is pressed into it as well as a headache, but symptoms of adult meningitis can be more varied yet include photophobia), so he is mistaken in later saying twice that he did not suspect meningitis... Imagine having to fight *that* in court .
But as an exemplar in complaining before taking legal advice, it has been insightful . Line your ducks up/set your stall out before taking legal advice .
It wasn't the NHS that killed your wife, it was the meningitis.I'd also have an interest in what a complaint to the Physio in the OP's situation might reveal
. But always complain formally to a GP Practice (or to the employer of any other medical professional) before attempting to take them to the cleaners (on a no-win-no-fee basis) - you never know how they might drop themselves in it in the subsequent claim .Background:
I'm getting towards the end of a medical negligence claim on behalf of my late wife. She had ENT surgery at the end of 2012, wasn't the same again and collapsed a month later after a steady deterioration - history subsequently dictates that she had meningitis then a small stroke. A complaint to the two GPs who attended her post-surgery and before her collapse resulted in two seperate replies stating specifically that they did not suspect meningitis - cue hollow laughter, as they both wrote this again after a further complaint with more medical details included...
Bit of a fundamental error there, as my wife was presenting with temporal headache and stiffness of the neck for a month - both of which are 'red flag' symptoms of meningitis, as was her fever, and all together would justify an immediate hospital admission with "suspected meningitis". Coupled with other symptoms she was also presenting with, it is basic stuff.
Three days before she collapsed, she was diagnosed with Norovirus by the second GP... The first GP never gave a meaningful diagnosis.
The first GP also wrote in my late wife's GP Record - three weeks before she collapsed, two weeks after the surgery - that there was no photophobia (my info: a classic symptom of childhood meningitis, along with the rash which doesn't disappear when a glass is pressed into it as well as a headache, but symptoms of adult meningitis can be more varied yet include photophobia), so he is mistaken in later saying twice that he did not suspect meningitis... Imagine having to fight *that* in court
. But as an exemplar in complaining before taking legal advice, it has been insightful
. Line your ducks up/set your stall out before taking legal advice .aw51 121565 said:
The first GP also wrote in my late wife's GP Record - three weeks before she collapsed, two weeks after the surgery - that there was no photophobia (my info: a classic symptom of childhood meningitis, along with the rash which doesn't disappear when a glass is pressed into it as well as a headache, but symptoms of adult meningitis can be more varied yet include photophobia), so he is mistaken in later saying twice that he did not suspect meningitis... Imagine having to fight *that* in court .
You're suggesting he DID suspect meningitis? . singlecoil said:
Duty of care granted, but financial compensation surely has to be balanced with the needs of other patients. The more money paid out to someone whose care was less than it should have been, the less available for the care of others.
The state should have no right to immunity from actions against negligence.The private health service carries insurance against negligence actions, the state self insures.
GT03ROB said:
singlecoil said:
Duty of care granted, but financial compensation surely has to be balanced with the needs of other patients. The more money paid out to someone whose care was less than it should have been, the less available for the care of others.
The state should have no right to immunity from actions against negligence.The private health service carries insurance against negligence actions, the state self insures.
The state doesn't have an endless supply of money.
aw51 121565 said:
Funny thing is, GPs have insurance for just this kind of thing; they pay quite a lot for this cover every year, and it is absurd to say that a successful claim against a medical professional takes funds from the NHS.
<snip>.
GPs are the exception ( along with dentists and action taken against private care providers NOT undertaking NHS work at the time )<snip>.
Not going into details on here but I've used a solicitor for a claim against a trust and after many years of specialists prodding and poking we came to a court settlement of a multi 7 figure number. This was not for me but my daughter, so if you need a specialist solicitor I can put you in the right direction.
Compensation is about putting an individual onto the same level as if it never happened and not used as a punishment. The one thing it does not do is give back is choice.
Compensation is about putting an individual onto the same level as if it never happened and not used as a punishment. The one thing it does not do is give back is choice.
singlecoil said:
GT03ROB said:
singlecoil said:
Duty of care granted, but financial compensation surely has to be balanced with the needs of other patients. The more money paid out to someone whose care was less than it should have been, the less available for the care of others.
The state should have no right to immunity from actions against negligence.The private health service carries insurance against negligence actions, the state self insures.
The state doesn't have an endless supply of money.
If you were to go into hospital to have an ingrown toe nail removed & they took both legs off so you couldn't work, you'd shrug your shoulders & say better they treat someone else, I'll live on benefits for the rest of my life?
I fully agree there is a compensation culture & frivolous claims should be dismissed out of hand, but something that is life changing for an individual caused by negligence?
GT03ROB said:
If you were to go into hospital to have an ingrown toe nail removed & they took both legs off so you couldn't work, you'd shrug your shoulders & say better they treat someone else, I'll live on benefits for the rest of my life?
You've taken more meaning from what I wrote than was actually in it. I don't disagree that people should be compensated if they suffer as a result of medical negligence, but I also think people should get all the medical care that they need, and I'm sure you agree with that.
As we already agree that the NHS doesn't have all the money necessary to do both these things, the discussion then has to be about who should get how much, as it's common ground that everybody can't get everything they need.
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