Litigation

Something that I have been wondering about is litigation (not because I am going down that line, though hubby dreamt that I had to give up on my career and he sued the surgery ;-) ). If medical professionals are refusing treatment or enough treatment and patients are worsening is there not several cases of litigation when patients worsen or is it too hard to prove? I wonder because I was thinking surely the struggling NHS would rather pay for the cheap B12 then for the worsening medical conditions and all the drugs that get prescribed. I then thought surely litigation is also a problem and costs a fortune. To me it is obvious that a way to save money is to treat properly in the first place and in these times the NHS could certainly do with saving money. Also the refusal to allow self administration - that means each time a patient needs an injection it takes up an appointment that other patienst may be in more need of and costs the price of a nurse's wages etc. None of this is logical to me, probably because I try to think of everything in logical terms. Anyone as confuse by all this as I am? It just doesn't make sense.

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  • I totally agree sleepypuss,

    This morning I am expecting a District Nurse to call to administer

    a B12 injection. Two nurses called last Thursday and they are scheduled to come back again Christmas Eve.

    The reason being, my GP now realises that;

    1. They failed to test for B12 def and Vit D def for over a year . In that time 7 blood test were carried out to see if I was on the right level of Thyroid hormone.

    I apparently was. I asked for a referral to an Endo and was told that I didn't need one.

    2. When I was diagnosed, they didn't give me the correct treatment for my symptoms. That was about 6 months ago.

    Now I am getting a 2nd loading dose and shots every month because my GP has realized what actually happened.

    The waste of money in just this 1 case is shocking. I asked could I inject myself to save the nurses time. No.

    Whilst I am relieved to be getting the correct level of care now, it could be a case of .....2 little 2 late. I now walk with the help of a stick.

    As the saying goes, They couldn't organize a P... up in a brewery.

    👍

  • My guess is that as long as they followed the guidelines in the BNF and NICE then they'd feel pretty safe about winning any case brought against them.

    As for saving money by self-administration - my GP was quite happy with my injecting myself, once he was sure that I was doing it properly. I told him one of the nurses had watched me do it three times, which satisfied his fears.

  • I know of someone who started a litigation process with the NHS but found it extremely difficult due to various obstacles.

    I think it is very hard for the NHS to admit when things have gone wrong.

    The person who runs this website may have some info that would be helpful.

    b12deficiency.info/b12-writ...

    She makes a point about the amount of money that could be saved if people were allowed adequate treatment on page below. I find the blog on teh website interesting.

    b12deficiency.info/letters/

  • Totally agree on the penny-pinching, cutting off nose to spite face elements of the way B12 absorption problems are treated in the UK.

    In the US they have a system called 'class actions' which makes it possible for groups to get together to take on large corporations.

    Something of this sort was introduced in the UK in October this year

    bbc.co.uk/news/uk-34402483

    It isn't something that I've looked into and it is quite possible that it wouldn't provide the ability for a group of people to get together as a class action to sue the NHS - ie government bodies may be exempted.

    Without that possibility either the degree of co-operation and co-ordination between people bring the action would be a real obstacle ... or one person would be bearing the risk and the costs, risks etc would be astronomical. It also tends to be something that ends up consuming your life. It would be a civil case which would mean standard of proof was 'balance of probabilities' but that would mean looking at cases both ways and weighing them up - so there would be an awful lot of research required.

    On one level there is a bit of me left thinking that B12D robbed me of 40 years of my life ... I'm not sure that getting totally caught up in a legal case, important though this one is - would be something that I want to lose remaining years to. Really sad that things are so stacked against a legal option.

  • Perhaps we could ask John Grisham to write a book about the trials and sufferings of P.A. patients. I'm sure he'd "make the case" for us in any "class action"

  • Yea, one would need a lot of mental energy to try and take a case against them.

    It could be very detrimental to your recovery.

    Speaking for myself, all that aggravation, annoyance and negativity would turn me into a witch or worse.

    What price does one have to pay for peace .

    👍

  • sad isn't it that we have to suffer for years and cannot easily prove the medical professionals to be in the wrong.

  • I am not at all litigious but have wondered about this too - not least because I think the only way to stop so many people suffering, now and I the future, is to challenge and change the current thinking.

    To achieve this it would be essential to win and extensively publicise a flagship case.

    I have asked a similar basic question in the Facebook group as I know there are lawyers with B12d and PA in there and wondered how they saw the matter.

    I think we should keep it in mind and keep raising it until someone who is in a position to help hears us.

    Never say never!

  • Some excellent observations sleepypus

    Perhaps you should have a chat with

    The Rt Hon Jeremy Hunt MPSecretary of State

    The Rt Hon Alistair Burt MPMinister of State for Community and Social Care

    Ben Gummer MPParliamentary Under Secretary of State for Care Quality

    Jane Ellison MPParliamentary Under Secretary of State for Public Health

    as it would have to be driven from the top

  • I agree it would be very satisfying to sort all this out. But as it's so hard to provide evidence that most medical practitioners will accept of B12 deficiency and the conditions it leads to, it seems like a difficult thing to attempt. There's a video somewhere of an actual doctor (USA I think) who had severe unrecognised B12 deficiency and was dying before treatment - there's all Dr Chandy's cases - there's all the cases in Sally Patcholek's book - there's all Martin Hooper's work - and yet still there's massive ignorance and disinterest.

    And we're assuming that anyone actually cares about the suffering involved or thinks it significant: I've reached the conclusion that on the whole, they don't. Jeremy Hunt is probably least likely to care out of all of them.

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