Has anyone attempted to sue the NHS for medical negligence?
I assume it’s an arduous task and wondered if anyone could give me any advice? Recommendations?
After making a formal complaint it now appears the medical notes we requested cannot be found. They have asked what we plan to do next.... they asked if we wanted an apology.
Not only did my husband nearly loose his life, he also lost his job and has been left with a worrying future. ( Medically and financially)
Thanks
Contact a no win no fee solicitor firm & ask for a meeting. There are firms that do no win no fee in every country. Based on what you posted previously your husband has a good case for compensation. Hospitals probably pay insurance to cover them if they make a mistake & are sued. The medical records in relation to your husband's treatment being 'lost' if anything confirms that the hospital did the wrong thing & someone anticipated the possibility of the hospital being brought to account so they removed the medical record. A court would see it for what it almost certainly is—removing evidence to cover up negligence. The hospital may even offer to settle to expedite the matter.
Thank you
Check you don't have legal expenses cover on any of your insurance, or any work cover
They also take an enormous percentage of the settlement. Tricky with funding cuts but if he is not working, legal aid and a decent reputable company, may be an option.
There is no such scheme as Legal Aid anymore for such cases in the U.K.. Legal Aid’s gap was filled by the No Win No Fee ‘ Conditional Fee Agreements’. No Win No Fee CFA solicitors can’t by law take more than 25% of an individuals total awarded compensation which is known as, and billed as a ‘success fee’. If a case is successful then most costs are recoverable from the defendant.
Thanks for clarifying, my limited knowledge comes from criminal and not civil cases. Not me, I hasten to add.
Medical records can go missing conveniently if you know what I’m saying. I’m in the middle of a medical negligence case at the moment, 2 years into it. It’s a very long and drawn out process unfortunately but do persist if you feel you have been wrong done.
Hmmm... I applied for mine and there are quite a few missing and blank pages, long delays in getting even a reply. I was going to give up but to be honest I have been treated so negligently for over 10 years, then having the worst malicious type of treatment in A and E that it prompted me to request my records. To say I'm FUMING at what I have read so far is an understatement. To not be referred to specialists is one thing but to be accused of being a drug seeker is another., Especially when I have only ever gone to GP at times of severe stress, anxiety and insomnia. In a way I'm glad I have started seeing my notes, because at least now I know never to trust my GPs or a particular hospital ever again.
Would you go with a national or local company? Even looking for a solicitor looks like a mine field...
It’s hard to know what to do, we’ll survive on savings but it wasn’t exactly what we planning to do with our ‘nest egg’. Expect we have too much to qualify for any type of legal aid. So it’s a decision whether to do ‘no win no fee’ or not. Would the NHS ever just admit fault without going down the legal path?
Tough call, has he gone for any type of benefit, some are non means tested? I think that might get you legal aid, but I am not really sure. You could try to a pro bono solution. Try lawworks.org.uk. If you go down the no win, no fee path, read the small print.
Good luck,
Mark.
The only ones who win in the end and come out smiling are the solicitors!
It’s wrong... ☹️
Sad but true I'm affraid. I go out of my way to deal with as much as i possibly can in life without using solicitors..... £275 per hour many are on its legalised theft !
My last lot were £350 but like most things in life you get what you pay for, the results went my way, the costs made me cry. 😪
In this case it does smack of medical negligence with a criminal element with the 'missing paperwork' screaming out an attempt at a cover up. It might be worth you making an appointment with your local Citizen's Advice Bureau who can better offer advice. Their webpage has a section about taking action re. clinical negligence. citizensadvice.org.uk/healt...
Something is very very iffy in your husbands case and if we can all see it then a lawyer should be able to.
Best wishes to you both.
Katie
Lost your records have they? O dear, that sounds like a massive lie! The law now protects us regarding any government body holding information on us. You need to write a letter and state you want copies of all medical records they hold from the date it started to the present day. You should be able to get details of their Freedom of information Officer either on line or by ringing them. They cannot refuse and there are strict regulations in place regarding storage of medical records. I have been researching a lot on this as my daughter has a strong case, not liver related. Just my opinion but it seems by complaining they are forewarned? A few years back I took on a dentist for my ex. He had left the practice so I also had to locate him! My work involved a lot of covert investigation so I used the same techniques. I established what was a reasonable amount for the damage etc and the cost of rectifying his abysmal dentistry. He had solicitors but I was determined. £12,000 and no legal fees. He was then contacted by the BDA, would we go to London and give evidence. So 4 nights in a lovely hotel in London. If you have legal cover on your home,car, insurance or belong to a union free advice is covered.. Not the free if you decide to proceed but you should get an honest idea of if you have a good case. Apart from asking for all the records under FOI, tell them absolutely nothing! You can ask your GP too, if he says no, again use FOI act.
A lot of health authorities settle out of court, not admitting liability just a 'goodwill' gesture. If your on no win no fee the solicitors will still want their cut. Average is around 30% of what your awarded.When I say you, obviously it has to be in your husband's name, however if he is poorly he can consent for you to represent him and they can address you not him. I'm still debating whether or not to represent my daughter lol. She has an independent 'witness' and also a damning report from the Quality Control Commission. She was a patient in May, the report was done a few weeks later in September. This may be worth a check.It identifies individual wards and departments, so see how the scored. Its also a public record .I found this online, as to how many negligence cases have been brought, what discipline and amount paid. By settling out of court it stops them getting bad press and also a barrage of other claims. A lot to take in I know but getting the information under FOI will show all what they recorded. Reduces solicitor costs too. Good luck Hazelx
I have requested all medical records... 2000 pages received but none for the ‘day’ in question. We have chased but just had the following response “At the moment I am embarrassed to tell you that we have not been able to find the notes relating to the admission in question. ..... I am keen to know what your priority is – some people want an apology for things that went wrong but others are more focused on solving the problems they are experiencing at the time.” Not impressed..
Quote GDPR to them.
If you've followed this case - they could not even produce the necessary paperwork to another department in the hospital. Pop's hubby was given an iron infusion and sent home, he subsequently suffered what another department in the hospital recorded as hepatic failure due to iron. It's the paperwork pertaining to that iron infusion which has conveniently gone missing. It shouts to me that something went wrong with that iron infusion and someone has 'hidden' the paperwork to cover up a mistake .... a case of criminal negligence ........ perhaps.
The worst thing you did was too make a formal complaint to the NHS from my experience. In such a situation the first thing to do is request your medical records from your local GP. This costs between £10-50 depending on the format you require ie printed or on disc etc. By making a complaint you initiated an investigation and if fault was found then (guess what...) unfortunately with no evidence there is no case. Good luck and use the big firms with the best reviews.
I did both... I have records, but not the ones I need. I did make a complaint but have been informed that they can’t respond in the allotted time as they can’t find the appropriate info
You need to speak to a solicitor. There are records which they can access which you can’t as I found out. Remember you only have 3 years to start a claim from ‘date of knowledge’ so get on with it and don’t waste time here (my comments will probably be deleted anyway by some liberal leftist fool) good luck 😉
It's free to have your records now
This excuse will not hold water ,legally. They are 'fishing' as to your intentions. The ICO has the clout of a wet tissue. In place so people feel they are being listened to, but they are toothless. Usually blood/drugs infusions have to be signed out? You shouldn't have to do all this but I would want to take action. If they have conveniently 'lost ' the records this arouses suspicion. Solicitors are covered by different legislation so can request this information. It also sounds like you are being dealt with by someone with absolutely no authority. I agree with Mark, complaining gets a letter of platitudes. Civil case are judged on probability, unlike criminal cases, beyond all reasonable doubt. Someone must have seen this being administered. What is the likelihood ie probability, of this reaction other than being given an infusion? I am allergic to iron, I was convinced when I was pregnant I had gone into way to early labour. My GP was on the ball and stopped my multivitamin with iron. If the department who stated . this was the cause then the time scale could also be important, Admission, infusion, re admission , and hepatic failure. The solicitor will find an expert witness to evidence this, There final result is not missing and the probability of ingesting so much iron is I imagine very low indeed. If the admission originally was via A & E there would be records of this too. There will also be records of who was working at the time and place the infusion was administered. You can see as many solicitors as you like, this will then give you informed choices. They all want your business if its a good case. It won't be a quick result, but it sounds justified.
Thanks to everyone... not sure what to do next!
I initially made a complaint because he was discharged without any back up. Nothing... he was told to see GP, who was absolutely lost. Took months to see a liver consultant.. all arranged v quickly.
Based on the information you previously provided your husband was continuously infused with iron for 7 hours instead of the 4 or 5 hours that you were told it would take. It’s likely that someone forgot that he was there & he continued to be infused far longer than intended. Then when the mistake was discovered the doctor in charge panicked and sent him home in case he got seriously ill or died in the hospital & the negligence couldn’t be covered up. This compounded the medical negligence.
Your husband then got extremely ill at home from having received too much iron & almost died and the doctor in charge when the mistake was made, or a hospital administrator, removed the record of the mistake anticipating possible repercussions flowing from it. If the record was removed to hide the mistake then criminal negligence was added to the medical negligence.
Even if a no win no fee firm takes 30% of any settlement 70% of something is better than 100% of nothing. A no win no fee firm of solicitors would have maximum incentive to uncover any negligence & achieve the highest possible settlement for pain & suffering, reduced future employment prospects for your husband & possible future health problems related to the negligence (including a possible reduced lifespan). You could relax knowing that everything possible was being done to uncover the truth.
The alternative option is hiring a solicitor who charges you an expensive hourly rate investigating the matter and still gets paid regardless of whether he does his best to uncover the truth or gives up & sends you a hefty bill for the time he spent on your case.
That's exactly as I read it too, medical negligence is one thing but it has stepped up a gear to a criminal act with the hiding of the evidence which even other departments of the hospital were not able to access when they needed them to treat the iron induced liver failure which they recorded on their notes.
I know exactly wat you mean about spurring your man on. My daughter was the same,Her husband and I mentioned it numerous times, The game changer was when i said 'why do you think your new surgeon showed you pictures of what e found?' It is daunting when you feel unwell but if he signs to consent to you representing him to solicitors and anyone else involved, he may feel more agreeable .Definitely worth looking how many claaims this hospital has had? It was broken down too into medical categories, so you can see if their has been other claims in this specialism. You are not just doing it for yourselves either. If it saves one life in the future, it is worthwhile.x
I have checked our home insurance and we are covered for medical negligence... so that may help.
DO NOT tell a solicitor you have possible insurance to cover medical negligence as you might as well ring the dinner bell or run down the road throwing money in the air 😬
If you have a good case then you should be offered ‘after event insurance’ via your solicitor ... Request it (here is an example): allianzlegalprotection.co.u... 🤫
Ok... update. The solicitor has studied the case and is not going to proceed. The reason is... because the notes stating what he was given are missing, so we cannot prove he was given an overdose. All pretty rubbish. All the nhs has to do is destroy the evidence....
NO. Wrong solicitor surely?!
Yes I tried to sue NHS a long time ago but things may have improved from back then it was very difficult and constant obstacles consultants won't go against each other neither will surgeons ,you need to find a lawyer who specialises in this and it isn't cheap ,we ended up dropping ours as it was so stressful
NHS - Privilege not a right
NHS. 1 - HEP C. 0
as anyone gone to Bupa
Anyone had a liver from a donor with hepatitis C?
Draining the NHS even more 🙄
