have you successfully sued gp/doctor/surgeon/consultant/hopsital

[Nod]

So, your brother for reasons best known to himself decided not to go to hospital and lost a nadger as a result of HIS decision? In what way is that the NHS's fault? Yes, he was originally misdiagnosed by his GP but Drs aren't gods - they do make honest mistakes.

 

[TriggerHappy]

So, your brother for reasons best known to himself decided not to go to hospital and lost a nadger as a result of HIS decision? In what way is that the NHS's fault? Yes, he was originally misdiagnosed by his GP but Drs aren't gods - they do make honest mistakes.

On the other hand, we're told he went to his GP with the problem who allegedly didn't even examine the problem, just fobbed him off with a prescription for a possible infection.

Now I'm no doctor - and usually I take the NHS's side because of the fantastic experiences I've had - but to not at least examine something like this which presumably could have had many causes does seem like a lapse in judgement to say the least.

Obviously there could well be a lot more to this story that we don't know about so we can't assess it with any certainty.

Any oral antibiotic treatment takes well over 6 hours to begin to touch an infection so a continued deterioration for several hours isn't unusual. I'd have thought more care needed to be taken in something which can be so time sensitive, but what do I know

 

[Ploddles]

Don't see how any doctor would say it is an infection without examining him

Sounds more like "I don't fancy sitting in A&E for a couple of hours, let's wait and see".

 

[Mandoo]

The doctor told him that it wasn't unusual for infections to get worse before they got better and it could be a couple of days until the antibiotics kicked in and he'd really notice a difference.
If that's what the doctor tells you, why would you believe any different? I'm not (nor is my brother) medically trained at all and therefore I have to trust my doctor.
He didn't go to hospital earlier as he believed that the advice given to him by his doctor and felt he didn't need to.
I understand that doctors are only human and can make mistakes, but surely with symptoms that can be an indicator of numerous issues including some very severe problems, at the very least a proper examination should b performed?

 

[Nod]

IMO, your brother should have insisted the GP examined him. You're quite right, it's very hard to diagnose a condition without examination and even with one, there can be confusion. (I recently ended up in an Upper Gastro Intestinal ward after an initial diagnosis of gallstones [main symptom was intense upper right quadrant abdominal pain, near the diaphragm]. Finally correcly diagnosed as a pneumonia after chest X-ray, ultrasound and CT scans - not something a night duty Walk in Centre doctor has immediate access to on a Saturday night!)

 

[ghummy]

My family are going to head down the complaint procedure and possibly look at suing the NHS after this weekends fiasco with my brother.
He was suddenly stuck with severe pain in his nether regions on Thursday and went to see his GP that afternoon. Without even looking at him the GP said it was an infection and prescribed him antibiotics. By the evening he couldn't even stand up and no painkillers would even touch the problem.
My brother is one of these people who doesn't like to make a fuss so he spent the weekend doing exactly what the GP ordered, he stayed at home and rested.
By yesterday morning the pain and swelling had not changed at all and the decision was finally made to get him to A&E.
After lots more antibiotics and some painkillers over the last 36 hours, it was finally worked out that the problem is a testicular torsion and this afternoon my brother had to undergo surgery to remove a testicle as the issue was not diagnosed early enough. Torsions need addressing within 6 hours otherwise too much damage is done.
As you can understand my brother is devastated. Its not a nice thing for any bloke to be going through, but certainly not one who is only 28.
Everyone in the family is a bit shell-shocked and upset. I said to my parents on Thursday that if he was in that much pain it was a serious problem and they should have taken him to hospital that night. For whatever reason they didn't, perhaps trust in the GPs advice? But not only are they upset that its become this severe, there is a bit of guilt in all of us that we didn't just bite the bullet and take him.

its silly attitudes such as this that make our job a true misery... people attempting to sue left right and center and very few are aware that that it is not that easy to sue the NHS. documentation within the NHS is so accurate that put it this way, if you fart or sneeze while a patient in hospital, it will be written down.

attitudes like this take money away from the NHS, legal costs such as appointing trust solicitors to everyone involved in that persons care, having a full legal team go through patient notes with a fine tooth comb etc.

what is the result of this unnecessary cost of someone who is just angry and wants an outlet (most of the time) it equates down to front line where we are. few staff on the shop floor, more pressure from above and morale really low leading the "i cant be bothered" attitude.

symptoms can be deceiving and they can fool the best of practitioners at any given time.

for example lets take Lewi Body Disease. someone presenting with this to ED on friday night would just appear to be drunk legless and would not be seen to as urgent, however symptoms can be deceiving as Lewi body disease is a type of dementia affecting various things and one of them being co-ordination. just an example.

this is just an example to highlight that mistakes can easily be made, and sooner the public realise that by suing the NHS, they are potentially affecting their own care in the future, their childrens care, their grand childrens care because sooner or later, because of the blame culture, there will be no money left in the NHS as it has been taken up by vultures.

 

[Mandoo]

Its not about suing the NHS, its about finding out why the GP didn't follow basic standard practice procedures and carry out a urine test or examination as he should have done. If GPs surgeries are treating patients like cattle and not carrying out their jobs properly why should patients trust them? Surely it makes things harder for the hospitals or whatever that have to pick up the slack?
We have since found out that the same GP misdiagnosed another patient that same afternoon who could have received life saving treatment much sooner if the GP had done their job properly. Are you saying that's acceptable? To let patients die because GPs can't be bothered to do what they should be trained to do?

My brother has seriously suffered because of this GP, would you be all smiles in his position? He's the last generation of our family to carry the surname so he feels pressure to carry on the family and he's also always wanted children of his own anyway, how do you think he's going to feel if his chances of that are completely wiped out because of this idiot GP? Do you not think that deserves some sort of recompense?

Yes, some people do get carried away and sue for every silly little thing, but I think this is a serious matter and it needs raising. We cannot continue to let the NHS close ranks to protect the incompetent among them. The bad apples need removing and we'll follow the proper procedures to do so.

A simple urine test and examination would have shown that the problem was not an infection and my brother should then have been referred to hospital for a scan. He would then have had the operation to fix it that same day and been home 24hrs later at a minimal expense to the NHS. What actually happened was nothing like that and ended up with lots of different scans and tests being done, two lots of surgery and 4 days in hospital. You can't get shirty about people being awarded money they may be entitled to and at the same time accept the costs of treating this case which could have been prevented.
The NHS does itself no favours and it'll get no sympathy from me. I pay my national insurance to use this service and as a result of that I expect that I, and everyone else, are able to use it with confidence and trust in the people within it.

 

[Ploddles]

So you are now a qualified Dr who has seen another patient's records to verify that the doctor misdiagnosed someone else the same day!!

A urine test would take a number of days, and in any case passed the weekend, to show any results.

The scan would also have taken a week or more to arrange unless it was considered life threatening by the GP, or urgent by A&E.

Having just the one testicle is no hindrance to having children. He could also have some sperm frozen as an insurance in case he lost the other one as well - he would have to be extremely unlucky for that to happen.

If you are that worried about the end of your genetic line, is there anything stopping you continuing it?

 

[Garry Edwards]

I don't disagree with what you say generally, but you may not be right when you say that

A urine test would take a number of days, and in any case passed the weekend, to show any results.

. Some urine tests can be done on the spot. If my own GP had done one when I reported to her with classic symptons, she would have immediately known that I had a dangerously high Keytone reading and would have had me in hospital immediately. Instead, she told me to come back the following day for a blood and urine test and to then see her 4 days later.

By the time of my appointment, which I didn't bother with, I had become dangerously ill and taken into hospital.

I'm strongly against draining the NHS with bogus, exaggerated and unnecessary lawsuits, but certainly some GPs can try much harder

 

[Ploddles]

Ketone readings can be done with a paper test strip, on the spot. Urine infections cannot, they need a microscopic examination in a lab. Test strips are available but they are only an indirect indicator and suggest that an infection may be present. A 'mid stream' sample then needs to be sent to the lab.

Even if the test strip is negative, it is only an indicator and a sample would still need sending off to the lab for confirmation, as they are not even 75% reliable. i.e. they are an indicator, not a confirmation.

 

[TriggerHappy]

The specifics of this case aside, the notion that finances can be suitable or adequate compensation for something like the loss of a testicle is baffling to me. It's probably a sad indictment of our society that the first thing we jump to when things go wrong is a monetary solution, regardless of if the initial loss was a financial one or not.

 

[Ploddles]

 

[Garry Edwards]

Ketone readings can be done with a paper test strip, on the spot. Urine infections cannot, they need a microscopic examination in a lab. Test strips are available but they are only an indirect indicator and suggest that an infection may be present. A 'mid stream' sample then needs to be sent to the lab.

Even if the test strip is negative, it is only an indicator and a sample would still need sending off to the lab for confirmation, as they are not even 75% reliable. i.e. they are an indicator, not a confirmation.

Fair enough. But to bring you up to date, I have now been issued with a new glucose tester (GlucoMen Lx Plus) that can also test keytones, using a different test strip of course. Also, if the glucose test is unexpectedly high it sounds an alarm and reminds me to test for keytones.

Twice in the past, separate Doctors have ignored obvious symptons and failed to do their job properly and the only reason that I'm still here is that I had someone with me each time who got me into hospital in time. This new meter allows me to take the GP out of the loop, which should help me to live longer.

 

[Mandoo]

The specifics of this case aside, the notion that finances can be suitable or adequate compensation for something like the loss of a testicle is baffling to me. It's probably a sad indictment of our society that the first thing we jump to when things go wrong is a monetary solution, regardless of if the initial loss was a financial one or not.

It's not the lost of one, possibly two testicles that need the financial compensation, it's the month he's now off work without pay.

 

[Buck]

Its not about suing the NHS, its about finding out why the GP didn't follow basic standard practice procedures and carry out a urine test or examination as he should have done. If GPs surgeries are treating patients like cattle and not carrying out their jobs properly why should patients trust them? Surely it makes things harder for the hospitals or whatever that have to pick up the slack?
We have since found out that the same GP misdiagnosed another patient that same afternoon who could have received life saving treatment much sooner if the GP had done their job properly. Are you saying that's acceptable? To let patients die because GPs can't be bothered to do what they should be trained to do?

My brother has seriously suffered because of this GP, would you be all smiles in his position? He's the last generation of our family to carry the surname so he feels pressure to carry on the family and he's also always wanted children of his own anyway, how do you think he's going to feel if his chances of that are completely wiped out because of this idiot GP? Do you not think that deserves some sort of recompense?

Yes, some people do get carried away and sue for every silly little thing, but I think this is a serious matter and it needs raising. We cannot continue to let the NHS close ranks to protect the incompetent among them. The bad apples need removing and we'll follow the proper procedures to do so.

A simple urine test and examination would have shown that the problem was not an infection and my brother should then have been referred to hospital for a scan. He would then have had the operation to fix it that same day and been home 24hrs later at a minimal expense to the NHS. What actually happened was nothing like that and ended up with lots of different scans and tests being done, two lots of surgery and 4 days in hospital. You can't get shirty about people being awarded money they may be entitled to and at the same time accept the costs of treating this case which could have been prevented.
The NHS does itself no favours and it'll get no sympathy from me. I pay my national insurance to use this service and as a result of that I expect that I, and everyone else, are able to use it with confidence and trust in the people within it.

Mandy

If you feel that putting a claim of negligence in against the GP then that is the course of action that you must take. The GP will have their own private Medical Protection insurance and they will handle the case for the GP and liaise with your solicitor. The NHS is not the alleged negligent party here unless the GP was a direct employee of the NHS (the vast majority are self-employed and contracted to provide general practice for a defined group of patients)

A urine test would not have shown a definitive infection or no-infection - urine dips are indicators only and often would require a sample being sent to the lab on a c.5 day turnaround.

I'm concerned that you know that another patient was mis-diagnosed that same day - how is that? That is a serious breach of patient confidentiality and depending upon the source would likely lead to someone's summary dismissal!

On a slightly brighter note, my brother had testicular strangulation leading to the removal of one testicle when he was a teenager. Cosmetically, the scar tissue that remained was like a prosthetic testicle so no need for an implant and sperm output was tested and was deemed to be normal so please reassure your brother.

 

[Mandoo]

So you are now a qualified Dr who has seen another patient's records to verify that the doctor misdiagnosed someone else the same day!!

No, but I am friends with the husband of the woman that died and I do have knowledge of her symptoms. I have been told by the husband what the GP said. I don't believe it's as clear cut as he's making our, but again some basics weren't followed.

A urine test would take a number of days, and in any case passed the weekend, to show any results.

A full urine test would have done, but there is an instant paper indicator test that could have been done at the time to support or rule out the doctors theory. It may not have shown anything, but it should have been done anyway.

The scan would also have taken a week or more to arrange unless it was considered life threatening by the GP, or urgent by A&E.

We were told by the consultant and nurses in hospital that if he'd been referred to A & E by his GP he'd have had the scans urgently as there is only a short window (6-12hrs) to deal with the problem and prevent long term damage.

Having just the one testicle is no hindrance to having children. He could also have some sperm frozen as an insurance in case he lost the other one as well - he would have to be extremely unlucky for that to happen.

If you are that worried about the end of your genetic line, is there anything stopping you continuing it?

It's still a possibility that he'll loose the second and getting frozen isn't a possibility at the moment as he's still recovering from surgery.
I'm unable to myself, don't share the same surname and I'm only half related to him anyway, but that's all by the by. Other people having kids is not going to magically stop him wanting them.
It's not me that worried about the line and surname, it's the men of the family.
Up until now I've always fully supported the NHS and its staff, but things like this make you question that faith. The doctors and nurses at the hospital were all outstanding, but even they all closed ranks to try and protect a GP who has obviously made errors. A formal complaint has been made to the relevant people and we now await the result of their investigation.

Anyway, I'll bow out of this thread now. Fed up of the attitudes in here.
I hope that your wonderful NHS doesn't let you down one day, you may then have to get off your high horses.

 

[Harmless`]

There's a big difference between incompetence and an honest mistake. My wife's opinion is that if you think you are a victim of incompetence then sue. She's a surgeon and believes that there are too many poor/sloppy surgeons out there and the only way of improving the standards is, I'm afraid, ligitation.

 

[pmiddleditch]

UPDATE:

i have now have a new surgeon/consultant at another hospital who has had another (my 3rd this year) MRI scan.i get the results on 24th of this month when i see the surgeon again.he has suggested already an immediate 'emergency' hip replacement,just wants to see the mri results first.so i could having this done by december.fingers crossed.

my previous consultant/surgeon is now having to deal with an official complaint as well as Litigation.also the hospital too is dealing with my official complaint regarding their treatment of me as my next appointment in december has been cancelled and made for feb 2013,as i know have employed a specialist solicitor who has been through all my hospital letters (over 200 pages) .requested all my medical records on me held by my GP and hospital records,x/rays,mri's,everything on me .

also since my solicitor has requested all records,my GP now wants to see me on a fortnightly basis and has also agreed to re-instate my morphine and patches to deal with the severest of the pain im in.
i have also now been refered to my local social services who will be seeing me on friday to see what help they can offer me.
and have been advised to apply for DLA carers allowance,which i may do dependent on what the social services have to say.

right now im feeling good that things are moving on far more quickly and more importantly im being listened too.

just wanted to say that there have been a few posts in this thread that have suggested that people should not attach blame to their consultants/doctors etc even where it is clear that something has gone wrong.YOU are wrong.our NHS system needs patients to make complaints and take things further if they are being mistreated.this has too continually happen to improve services.and where litigation is needed patients should take any complaint as far as is needed.if it costs the NHS £millions or £billions then that just shows that our wonderful NHS has failings that need addressing and these people should also remember that we pay NI contributions.yes that national 'INSURANCE' contributions and like all INSURANCES we are entitled to make a claim when things go wrong
for those of you who have posted here with their own problems,you have my sympathy and understanding and thanks for sharing here too.my best wishes too.

 

[viv1969]

Fair enough. But to bring you up to date, I have now been issued with a new glucose tester (GlucoMen Lx Plus) that can also test keytones, using a different test strip of course. Also, if the glucose test is unexpectedly high it sounds an alarm and reminds me to test for keytones.

Twice in the past, separate Doctors have ignored obvious symptons and failed to do their job properly and the only reason that I'm still here is that I had someone with me each time who got me into hospital in time. This new meter allows me to take the GP out of the loop, which should help me to live longer.

I must admit a sudden unusually high BG reading in and of itself has always served me as a reminder to test for ketones anyway. The strips are cheap enough and readily available without any involvement from the GP.

 

[Beardy]

My father died 20 years ago of cancer. In the three months previous to his death his GP treated him for stomach ulcers...in exasperation with his GP my father had a Well Man screening with BUPA. They diagnosed diabetes. Three weeks after that diabetes diagnosis my father died of cancer.

On the advice of the BUPA Oncologist and nursing staff that treated my father in the two weeks before he died we looked into taking legal action. We approached a specialist charity who advised us. I should add we did this because it's what my father would have done. They advised us to take specialist opinion from a Consultant which we did. His opinion was the the GP and the Doctor who performed the Well Man screening made mistakes that other doctors could have made so they would not be found guilty of negligence. Also worth noting that we couldn't sue BUPA...their T&C's at that time made the doctor liable not BUPA.

For it to be worthwhile to sue if you will need to prove you have actual losses. At the time my father died we could have sued for £8,000 for his death, that was the maximum "fine". He was self employed and his business had to be sold in a distressed situation so we could have also sued for those "losses"but the potential "benefits" just did not stack up.

I am very glad we went through the process as that is what my father would have done. It was however a lesson early in my life about how hard it is to take matters to court. The system is stacked against individuals because of the costs and the potential financial "reward".

 

[pmiddleditch]

Update

i have now had an independant medical assesment of my Hip problem,lasting almosthalf a day this included x/rays and another MRI scan.the consultant was excellent in explaining everything in simple laymens terms,i was made to feel very comfortable and plenty of time was made for me to ask any questions regarding everything that i have been through with the treatment i have had

he has confirmed that in his opinion he has problems with that treatment i have had,the advise i was given,the medication,aftercare (or lack of),and most importantly the main reason im ow in the pain im in.

he is now writing to my solicitor.and a copy of this to myself,detailing the results of my medical assesment.
my solicitor is now in communication with both the surgeon and the hospital where i have been treated,we have had replies and the communication is still in the early stages and ongoing.

i now have another consultant who was recommended by the consultant who did my medical asesment who has reviewed all my case notes and has offered me a full hip replacement.im awaiting a pre-op which should be anytime very soon and the opp within 28 days,however the opp is subject to the opp being paid for.my solicitor has written to my GP asking that they agree to the surgery being performed outside of the NHS but paid for by my local health authority as the opp is regarded as most urgent.

my fingers are

as for those of you who have negative opinions on suuing the NHS.i have nothing but complete disregard to your views,and would always recommend that anyone with a problem should absolutely make a great fuss,demanding that questions are awnsered in a satisfactory manor,2nd opinions,even 3rd sought and time made for your questions.never be fobbed off as the NHS are absolute mastors of sidestepping difficult questions as most often they do this because it is known that there has been 'negligence'.get/demand copies of everything,all medical notes,x/rays etc and always seek independent advise.

 

[TriggerHappy]

Fingers crossed your new surgeon can resolve your problems!

 

[neil_g]

as for those of you who have negative opinions on suuing the NHS.i have nothing but complete disregard to your views

wonderful. i look forward to taxes/NI going up in due course..

 

[viv1969]

as for those of you who have negative opinions on suuing the NHS.i have nothing but complete disregard to your views.....

wonderful. i look forward to taxes/NI going up in due course..

Doesn’t happen often, but…..

 

[pepi1967]

Doesn’t happen often, but…..

And me makes three

 

[onomatopoeia]

wonderful. i look forward to taxes/NI going up in due course..

Or the consultant's medical malpractice insurers making less profit this year.

If someone suffers due to the incompetence of a professional then it is reasonable for them to seek redress. The fact that the professional person is contracted to the state is of no consequence. Incompetence should not go unchallenged, even in the NHS, its apparent national religion status notwithstanding.

 

[joescrivens]

I don't get this immediate defending of the NHS.

I appreciate the NHS and am glad we have it, but at the end of the day, it's not a free service. We pay for it, if someone is negligent then they should damn well sort it out. You can't compare a doctor with a builder who might make a mistake. We're talking about peoples lives compared to someones wall, the comparison is impossible.

 

[neil_g]

Or the consultant's medical malpractice insurers making less profit this year.

If someone suffers due to the incompetence of a professional then it is reasonable for them to seek redress. The fact that the professional person is contracted to the state is of no consequence. Incompetence should not go unchallenged, even in the NHS, its apparent national religion status notwithstanding.

there was a small bit of tongue in cheek there hence the smiley.

however the suggested attitude that everyone whos ever had an issue should go and sue the NHS was what spawned my comment. fair enough though if they amputated the wrong foot or something..

 

[Garry Edwards]

Update

i have now had an independant medical assesment of my Hip problem,lasting almosthalf a day this included x/rays and another MRI scan.the consultant was excellent in explaining everything in simple laymens terms,i was made to feel very comfortable and plenty of time was made for me to ask any questions regarding everything that i have been through with the treatment i have had

he has confirmed that in his opinion he has problems with that treatment i have had,the advise i was given,the medication,aftercare (or lack of),and most importantly the main reason im ow in the pain im in.

he is now writing to my solicitor.and a copy of this to myself,detailing the results of my medical assesment.

I don't suppose that this independent consultant was instructed by your own solicitor by any chance?
If so, he isn't independent and it shouldn't be a great surprise that he agrees that your treatment was badly carried out.

That doesn't mean that he's wrong of course, just that he is making money out of agreeing with you...

Hope it all works out for you.

 

[viv1969]

I don't get this immediate defending of the NHS.

I appreciate the NHS and am glad we have it, but at the end of the day, it's not a free service. We pay for it, if someone is negligent then they should damn well sort it out. You can't compare a doctor with a builder who might make a mistake. We're talking about peoples lives compared to someones wall, the comparison is impossible.

I'm certainly not blindly leaping to the defence of the NHS. However, I don't think it's unreasonable to expect a patient to take responsibility for some of thier own elective decisions regarding the treatment they have and have not opted to take up.

 

[joescrivens]

I'm certainly not blindly leaping to the defence of the NHS. However, I don't think it's unreasonable to expect a patient to take responsibility for some of thier own elective decisions regarding the treatment they have and have not opted to take up.

but on reading the thread it would appear that the doctor did not explain all of the circumstances fully. Therefore it was a choice on bad advice and facts. That's negligence.

 

[pepi1967]

And I take it before the surgery was done you signed your consent form?

Your doctor will ask you to sign a consent form – a written record that you have agreed to the planned operation. Before you can give your consent, your doctor will discuss with you what the operation is likely to involve, the benefits and risks, the type of anaesthetic and any available alternative treatments. You may also be given some written information to back up what you’ve been told.

It is important that you understand the information you have been given – ask questions if you don’t understand or if you want more information.

 

[pmiddleditch]

wonderful. i look forward to taxes/NI going up in due course..

i have not suggested that 'everyone' with issues should sue the NHS

those that do take this route will do so almost definatly due to 'negligence' and recommended or advised to sue.

as for your taxes and NI going up.mine will too and i for one hope that the NHS considers the consequences of employing negligent or incompetent practicioners etc.

perhaps then the NHS bill for insurances will not rise further and possibly even reduce

 

[pepi1967]

You say your suing for negligence but in what part exactly was the negligence? You was offered 3 forms of surgery. you chose the one you wanted you signed the form agreeing to the surgery the surgery didn't work so in what part of all that did the negligence take place? It was your choice to have that form of surgery done and as anyone knows any surgery comes with risks. You took the risk it didnt work.

 

[pmiddleditch]

And I take it before the surgery was done you signed your consent form?

Your doctor will ask you to sign a consent form – a written record that you have agreed to the planned operation. Before you can give your consent, your doctor will discuss with you what the operation is likely to involve, the benefits and risks, the type of anaesthetic and any available alternative treatments. You may also be given some written information to back up what you’ve been told.

It is important that you understand the information you have been given – ask questions if you don’t understand or if you want more information.

i totally agree with you here however it has become very apparent that the choices and options were definatly not fully explained,neither were the possible side effects explained.my questions were awnsered however these questions and awnsers were based on what i had been told.it was what i was not told at any time that has caused my condition to worsen and the lack of proper care and treatment.

i walked uaided into that hospital and came out on crutches in crippling pain,have been on crutches ever since and have got progressivly worse.the surgeon and hospital has failed to treat me to improve my situation or prescribe any medication.and i have depended on my pain specialist at another hospital who is treating me for my back problems to give me medication to help me with the hip pain.in spite of this pain consultant writting to the surgeon and hospital,he has had no replies whatsoever

it has only recently become clear by having another MRI scan that my cartlidge trim turned out to be the complete removal of the cartlidge in my hip.I was never told this and my worsening hip condition/pain/spasms is as a direct consequence.

i have been told that this is both negligence and incompetence

 

[joescrivens]

i totally agree with you here however it has become very apparent that the choices and options were definatly not fully explained,neither were the possible side effects explained.my questions were awnsered however these questions and awnsers were based on what i had been told.it was what i was not told at any time that has caused my condition to worsen and the lack of proper care and treatment.

i walked uaided into that hospital and came out on crutches in crippling pain,have been on crutches ever since and have got progressivly worse.the surgeon and hospital has failed to treat me to improve my situation or prescribe any medication.and i have depended on my pain specialist at another hospital who is treating me for my back problems to give me medication to help me with the hip pain.in spite of this pain consultant writting to the surgeon and hospital,he has had no replies whatsoever

it has only recently become clear by having another MRI scan that my cartlidge trim turned out to be the complete removal of the cartlidge in my hip.I was never told this and my worsening hip condition/pain/spasms is as a direct consequence.

i have been told that this is both negligence and incompetence

if all of this is true then I think it is very easy to see how it was negligence. I'm not sure how it could be seen otherwise

 

[pepi1967]

Well only you and the others involved know the full story but I think you will find it will be a long hard expensive slog to prove negligence.

Many recent cases have taken many many years to prove so as long as you can afford to sue and don't mind the possible outcome of you getting nothing at the end of it then then go for it.

 

[pmiddleditch]

I don't suppose that this independent consultant was instructed by your own solicitor by any chance?
If so, he isn't independent and it shouldn't be a great surprise that he agrees that your treatment was badly carried out.

That doesn't mean that he's wrong of course, just that he is making money out of agreeing with you...

Hope it all works out for you.

Gary.im not absolutely sure on this however my understanding is that the 'law society' provides a list of consultants to chose from and my consultant was taken from this list.this list may or may not be fully or truly independent.i really dont know but what i do know is this consultants views can and will be verified by other consultants too.also this consultant has explained many things from the results of his consultancy with me,many of which i was not aware off at all.so this was not a case of him agrreeing with what i was saying at all.

thanks for your best wishes,much appreciated

 

[Garry Edwards]

As I understand it, your solicitor can choose from a list of approved consultants. Obviously these people are all fully qualified and there is no reason to think that they may not be competent or may not be honest, but there is also a possibility that they may feel that the best way of getting future highly paid work from your solicitor is to tell him (and you of course) what he wants to hear...

I know of a (fraudulent) whiplash injury claim. The innocent driver was approached by an ambulance-chaser who persuaded him to make a claim. He arranged for him to visit a consultant and the consultant duly produced a long and detailed report confirming that his injuries had prevented him from working for several weeks and that there was likely to be permanent damage.

What's wrong with that? Nothing, except that the driver decided not to go ahead with the claim and cancelled the appointment, so the 'independent' consultant produced a detailed and damming report on a patient that she hadn't actually seen...

The process of getting this 'independent' report is essential to your claim - but please accept that the consultant is on your side, legally speaking, and may not be telling the truth - don't rely on his opinion being correct in medical terms.

Just to clarify my own opinion, FWIW... If you really have suffered as a result of medical negligence then of course you have a right to financial compensation. My own feelings though is that a lot of people are far too quick to sue, and their claims and the ripoff fees charged by their lawyers, are taking much needed money away from patient care.

 

[kestral]

The reality is, wether people like it or not when you sit down and look at the NHS, it is crap. There are to many surgeons playing golf. The GP's are on well over £100,000 a year the don't want do home visits anymore.All they want to do is give a prescription and get you out of the surgery.Most places now want an appointment made before you can see a Doctor(the deterrent). No Doctors surgery on a Sunday! don't people get ill on a Sunday then!
As I have got older, I and my peers have had more dealings with the NHS and time and time again these people are lax and have lost interest with all of the ill people.There are 60,000000 + people in this Country, in all honesty how can the NHS work.Animals get better treatment at the Vets.Just hope to God you don't get ill.