DUTY OF CARE ! ?

[Ronsville2]

Given the guidance in NICE and NHS for the care and treatment for b12 deficiency, and if doctors refuse treatment, are there any routes to legal action ?

[Nackapan]

Negligence a minefield

Better to keep up the fight to get treatment

Very stressful

[fbirder]

Nothing obvious. The BNF guidelines are exactly that - guidelines. Doctors are free to ignore them - as long as they think that it is beneficial to the patient.

The problem is that there is not enough research into B12 for there to be definite procedures that everybody should follow.

Take the guidelines used by the evil b@st@rds in Gloucestershire. They want to give everybody pills instead of injections. And they base that decision on the studies done that show everybody can absorb B12 passively. They ignore the fact that those studies are (in the words of one international expert in B12) 'stupid'. The studies support their glorious five year plan so the studies must be correct.

However, legal action will be long, expensive and complicated. There are many 'no win, no fee' companies that are fighting to take up your case. This example is chosen just because it gives a reasonable description of the facts. legalexpert.co.uk/clinical-...

You would need hard evidence - that the doctor had ignored your requests for B12 injections (which you'll only have if you asked in writing). You would want an expert opinion (the eminent neurologist says my nerve damage is probably caused by a B12 deficiency) - which would have to be private.

[Hidden]

I’ve tried legal action against NHS , for different reasons. It was very difficult, tedious and their system is set up to protect them, deny you access to information you require and it will just annoy you beyond belief as they clearly don’t read what you write or they just choose to ignore it.

Don’t waste your time and effort. Not good for your stress levels . Find another doctor who will treat you .

[Yahaci in reply to Hidden]

Did you win your case?

[Hidden]

No. And that was with help from a solicitor too. Don’t waste your time and energy with this.