UPDATE ON COMPENSATION CLAIM: Hi everyone, Just... - Pain Concern

Pain Concern

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UPDATE ON COMPENSATION CLAIM

Imagine1 profile image
10 Replies

Hi everyone, Just an update on my claim from the National Hopeless Service ( NHS ). I have waited nearly 3 years to be told yesterday that they have denied liability, This company have made me disabled and they have denied that it is their fault, what I don't understand is why it took my solicitor this length of time to tell me this awful news, The whole idea of using a solicitor is so they can fight the case, did he really think that they would admit it? DURR! I was hoping to pay for private treatment at a BUPA Hospital because I am NEVER using an NHS hospital EVER again. So I had made an appointment to see a private physiotherapist to try to get me walking again, which is going to cost me a small fortune, to top it all off I had a nasty fall at work yesterday and broke my hand and foot due to not being able to walk properly. So now I am off work, losing money which I can't afford to do all because I didn't receive the correct care in the first place, so I now have to cancel the physiotherapist because my limbs are completely knackered. I don't know what else to do, I wake up feeling like what is going to happen to me today. I feel so depressed.

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Imagine1 profile image
Imagine1
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10 Replies
Xene profile image
Xene

I thought they always denied liability in the hope the claim would be dropped so it’s your solicitors job to carry it forward unless he/she feels you have a very slim chance of winning in court and therefore you’d be wasting your money? What about no win, no fee solicitors but I don’t know how much of a chunk of your compensation they’d take If you won your case? Worth looking into.

Imagine1 profile image
Imagine1 in reply to Xene

Thank you for your reply, I have mentioned this to my solicitor who is doing a no win no fee agreement, he has said that the insurance company are going to withdraw their service because there is a less than 51% chance of winning the case, I saw a different solicitor earlier on, 3 years ago and the NHS admitted liability then but he wouldn't take it on saying it would be too expensive even though it was a no win no fee agreement. I think it is disgusting how they have treated me but It hasn't surprised me this is the way they treat their patients, the NHS is NOT fit for purpose.

Xene profile image
Xene in reply to Imagine1

Sadly I can totally relate to your story, “been there done that got the T shirt” Anger, frustration doesn’t even come close! There is no accountability any more and it’s always the patient that has to deal with and suffer the consequences of their negligence and incompetence! It’s a bitter pill to have to swallow! I wish I could suggest something you haven’t already tried. Unfortunately it’s our lives in their hands and sometimes they fail miserably!

I wish you luck with your physio and hope that it will help improve the problems with your foot.

Best wishes

Xene

Imagine1 profile image
Imagine1 in reply to Xene

Thank you for your lovely reply, what I don't understand is someone who stubs their toe on a supermarket trolley get thousands of pounds, someone get's called a horrible name, get thousands of pounds but someone who is left disabled because of their incompetence get's nothing at all. I had looked on solicitors websites to see if I could claim and because I have the condition Complex Regional Pain Syndrome again because of the National Hopeless Service, my actual solicitor said that they have done lots of successful cases on just the condition and that his wife has the same condition and he knows how I feel, NO HE DOESN'T he can't even fight my case. Absolutely rubbish.

cyberbarn profile image
cyberbarn

I am so sorry to hear this. It shouldn't be happening. Many health systems around the world and a few trusts in the UK are switching to the no fault form of investigation rather than the denial and blame form. This started in one of the large university hospitals in America. They went from denying liability and getting sued a lot, to no blame, start with the apology, get everyone, especially the patient and the family, around the table with the clinicians and hospital, and figuring out what happened. They stopped being sued, patients were much happier with the outcomes, and people got compensation when they needed it.

I hope you can carry on because as they say, they will hope that if they deny liability that you will drop it. And maybe keep your ear out for any patient involvement in the Patient Safety aspects of your trust.

england.nhs.uk/patient-safe...

Imagine1 profile image
Imagine1 in reply to cyberbarn

Thank you for your reply, The solicitor won't carry on with the case, I didn't even get to see a specialist after waiting 3 years. I have just come home from seeing a private physiotherapist and I told her what I have been through since the accident, she couldn't believe it, she said that the treatment I recieved was incorrect and I should have had a cast on my foot or a boot, I got neither, she said looking at my foot she siad what had happened was a bone had come off in my ankle, the Xray 3 years ago said it was my heelbone, which it wasn't, it is no where near my ankle, she said that is why I should have had a cast on it, physiotherapy and a followup in a fracture clinic, I got neither. So now it is costing me £160 a month to get my foot working again, the NHS should pay for this but obviously they have denied everything. This is why I needed the compensation money so that I wasn't using my own money when none of this was my fault, plus I hate the fact they have got away with it and there is nothing I can do about it.

Danni54 profile image
Danni54

Hi. I'm so sorry that I didn't get back in contact with you and I see that it is 2 month's since you have been here. I am so sorry your Solicitor gave up on your case. You would think that they would enjoy a challenge although I would imagine that they are becoming as down as we are in trying to bring the NHS to account. I have written proof that my horrible Consultant had lied but I'm so ill and exhausted now that I haven't got the energy to fight and WHY should we have to fight ?!I haven't been well since before Christmas and my Dr. told me tonight that my blood test has shown inflammation and infection so she is admitting me to hospital on Monday. She is really worried about me and wanted me to go into hospital last Friday! I refused to go because I am now phobic about going to hospital. However, I am in such pain that I'm going to have to go and see whether they can help me but I'm scared because they have caused me to lose half of my life.

I haven't forgotten what you have gone through and I so hope that you are getting some relief from your pain. Unfortunately, what has happened to you seems to be very common these day's and it makes my blood boil that Consultant's etc. get off with the excruciating pain they cause us, physically and emotionally while we are left in agony but they don't care. I realise that there are a few really good Consultant's because I had one and he was my Thoracic Consultant who drew attention to my lung tumour which had been on Xray for 13 months but no treatment. Even he was taken aback when I told him that the tumour had never been mentioned!

Take care and I'm wishing you all the very, VERY best. I would love to hear how you are and I wanted to wish you a happier New Year . Belated Happy New Year to all here and I wish all of you better health.

Very best wishes,

Danni xxx

Imagine1 profile image
Imagine1 in reply to Danni54

Aww thank you for your reply, a happy belated New Year to you too. I agree I think it is disgusting how we are treated. They should never get away with it but sadly they do, there are more and more cock ups by the NHS in every department, even the nurses as I should know it is because of her I am in so much pain. I see programmes on the telly that had the same injury as me and they are either in a cast or an air boot, I got neither and was told to walk on a broken ankle. My ankle is so bad now that i am constantly going over on it and it has become very weak, I am actually scared to walk in case I do more damage to it. I am so sorry for your illnesses and all the pain and suffering that you have, again it is shocking to leave us like this, but sadly nobody cares anymore, it is not the caring profession that it once was. All the very best to you too and take care of yourself. xx

Danni54 profile image
Danni54

Hi again! What you went through is criminal and it makes me wonder exactly why Solicitor's won't push for compensation or , at the very least, an apology. Hearing what you have been through reminded me of something else that my Mother went through. She tripped over a broken pavement not far from their house and landed on the road. She went to the Dr. the next day because her ankle was so sore and he said she had sprained it and he sent her home. It kept getting worse and I rang the Dr. but they did nothing until I got SO angry that I insisted that she had an Xray so they did , grudgingly and surprise (!) they had left my 80 year old Mother with a broken ankle, didn't believe her when she said how painful it was and it was too late to put a plaster on . I knew that it was broken and I'm not medically trained ! It was awful watching her in pain! My parent's lived 26 miles away and I was going over there 3 or 4 times a week , up hill and down dale and I was going through Endometriosis treatment but couldn't believe how the Dr.s and the hospital treated my poor Mother and that was about 18 year's ago and nothing has changed! I told you what happened to my poor Mother being treated like dirt a few day's before she died .Why do Consultant's think that all women are " neurotic " ? I keep asking this and I would love to have a meeting with a variety of Consultant's and a roomful of patient's but I bet the Consultant's wouldn't agree to that !I have a new Dr. who has been so thorough and sat with me for an hour and a half, took my blood and examined me. Then she rang me yesterday evening to tell me that the blood has shown infection and inflammation and I have agreed to go to hospital on Tuesday next week for test's and a possible operation on my stomach because of the Diverticulitis or whatever they find !I just couldn't believe how caring she is but she is a Trainee so not cynical yet ! I go on Monday to the Village Hospital to have my yearly lung Xray to check that the cancer hasn't come back, despite the fact that I have already had one 2 month's ago. When I rang Radiography to make the appointment, I told them that I had had a lung Xray so the Receptionist went and checked, came back and said that I definitely needed to have another one. The thought went through my head that , yet again, they had made a mistake but I won't be told the truth so....!

Please take care and know that there are a lot of people here who understand, exactly, what you are going through. Sending you love and hugs and all the luck in the world.

Danni xx

Imagine1 profile image
Imagine1 in reply to Danni54

Aww thank you for caring, it is lovely to see. I am at present speaking to The health Ombudsman because I am not happy with the treatment I received from my solicitor who was a trainee but said that he had spoke to his bosses and that I had a good case, What a load of crap! why did it take him nearly 3 years to tell me this? The Ombudsman said that I was treated appallingly and they will have to try to sort it out, the problem is it is another 2 years to wait for an outcome because of all the complaints that they have received, it will be 5 years when I have an actual outcome, if I do. In the meantime I find walking difficult, my ankle is very weak, I have a noticeable limp, I used to be very fit and active but I can no longer do any exercises. I still can't believe how they can get away with treating me this way, I am left disabled. I wish I had never gone to the hospital in the first place, I certainly won't be going again. The NHS are not fit for purpose. Take care and good luck at the hospital xx

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