Should I Sue The NHS?.

[bradfordfabia]

I slipped and damaged my knee and was off work for 4 months.

 

My local hospital diagnosed a discolated knee so had X rays  taken and a brace put on. Was told to take it off after 3 weeks and go to a physiotherapist, would take about 7 weeks to heal. 8 months on from the fall my kneecap is not supposed to be where it is ( it's higher up ) I can't walk up/down slopes/steps without limping down/up them. Can no longer run so crossing road is difficult, having problems doing certain jobs at work.

 

Been to a private hospital today which also take NHS patients and after all the these months I am told  it's a torn kneecap and not a discolated knee, which is more serious. Today's doctor couldn't understand why I wasn't seen weeks after for another X ray at my hospital.

 

Should I Sue the NHS for wrong diagnosis?

[Ootohere]

Personally i think you should give yourself a shake, you fell, you had an accident and they were trying to help.

 

It sounds like you maybe need to be having a word with the employers of the physiotherapist.

Were they not concerned long before now on the condition your knee was in?

Edited 22 June, 2017 by Awayoffski

[bradfordfabia]

The physio couldn't understand why I couldn't walk up/down steps but thought I wasn't trying. I understand mistakes happen but 2 physiotherapist which I had couldn't understand why I wasn't seen for a second x-ray days later. I am a gardener/groundsman and this is going to to effect my job and my life.

[Ootohere]

I do not understand why they were not referring you back to an orthopaedic specialist / clinic or your doctor to be seen by an orthopaedic specialist.

[bradfordfabia]

I phone hospital to see how long could I get driving again and asked if I needed to go back for a x-ray but nurse said no, just go to physio.

[bradfordfabia]

My right knee.

[bradfordfabia]

My right knee.

[Ootohere]

Who were the Physios, Deaf, Dumb and Blind kids?  That is unreal, did you not think, something wrong here?

 

 

 

 

Edited 22 June, 2017 by Awayoffski

[bradfordfabia]

[bradfordfabia]

I use to complain when people with walking problems were slow to cross the road but not anymore.

[Ootohere]

I would say you need to start a complaint with the NHS Trust that those dealing with you were employed by.

Someplace down the line there have been major failings. 

 

?

What is the specialist saying now, surgery?

Edited 22 June, 2017 by Awayoffski

[bradfordfabia]

Have to go back for a MRI scan and he will ask a colleague to have a look. I couldn't tell from my view of my knee how bad it was so I asked a mate to take photos of it, got to admit I got choked up seeing how bad it was. Will see what the specialist says when I go back and will consider getting in touch with the NHS trust.

[Guest]

2 hours ago, bradfordfabia said:

My right knee.

It's a pity Daniel Day-Lewis has announced his retirement from acting, I'm sure he would be chomping at the bit when the film rights are released! 

 

 

You need to raise a complaint with your local NHS Trust, at the very least they can carry out an audit to establish if the people they are employing are up to the job. 

[mrgf]

I'd say its a dilemma. Sue the NHS, you sue all of us! Don't sue and you will have loss of earnings, loss of movement, pain etc to contend with. Get a prognosis of what SHOULD have happened if correctly diagnosed. Find what would, could or should have been done and if it was, would you have been better off long term. If the diagnosis says you were going to suffer for the rest of your natural anyway, then suing would be pointless, unfair and possibly unlikely to gain anything from. If you would have most likely made a full recovery in a fairly short span of time, hit them where it hurts!

Was the accident caused by anything such as broken flooring or through someone else's ineptitude? Was it caused at work? If so, someone other then the NHS may also be liable for the initial damage anyway.

[gadgetman]

First step is you'll need everything from the private hospital in writing ready for when the time comes if you go for a complaint. 

 

It's not a speedy process though, and expect the trust to fob you off. 

[bradfordfabia]

Last thing I want to do is sue the NHS but it's my future. Accident at work, slipped on a slight grass slope, grass was wet with dew and not rain. Will get questions ready before I go for the MRI scan at the private hospital so I don't forget anything. 

[Aspman]

If you want an apology and a change to how they do things you need to raise a complaint.

The likely outcome of this is that the hospital will ignore you till the last minute then send out the absolute minimum to make you go away.

Then you go to the ombudsman who can take on your case. If the ombudsman agrees your treatment was wrong they can force the hospital to apologise and make them change practices.

^ looking at the best part of a year for that.

 

Now a complaint only gets an apology no compo.

 

If you want to get compo you need to take them to court in a civil action. You can't afford this so you'll need to go to an ambulance chasing law firm.

IF, (big IF) they see your case being winnable they may offer to take your case on a no win no fee basis. However they will insist on taking a large percentage of any award that does come your way (20-25% +VAT). You have 3yr from the incident to raise any action. When the action is raised there is no time limit to conclusion, the NHS will take as long as possible. It's a tactic.

 

If the ambulance chasers are less convinced in your case they may ask you to pay up front for reports to gather evidence that you have a case.

 

You must prove two things.

 

1 - That is was medical negligence within the legal definition (not the layman's definition). i.e. Would another doctor of similar experience in the same situation have done anything differently?

2 - You must prove causality. Would the outcome have been any different if the correct treatment had been taken?

 

Without 1 AND 2 you have no case.

 

You should be checking the SIGN (Scottish) and NICE (English) guidance on treatment for your type of injury if a guide exists. A failure to follow established guidance is substantially supportive in a a case but doesn't prove 1 or 2.

 

You can also raise a specific complaint against the doctor or consultant through the BMC although again that's not for compo or even an apology.

 

I'm going through all of the above in relation to someone who died unnecessarily due to a failure of diagnosis (upheld by the ombudsman so far, court next), and the NHS. Do. Not. Give. A ****.

 

If you want to do this get ready for the long haul it will take years.

 

I can recommend a firm if you want to go the civil route pm me if you like..

Edited 23 June, 2017 by Aspman

[CWARD]

I can feel the OP's frustration. I had what supposed to minor surgery for key hole removal of my gall bladder. I ended up with multiple operations to correct their errors which nearly lead to my death, infections, incisional hernia the size of a football and even now I have a very weak core.

At the end of their cockups I was carrying my guts around in my skin not abdominal wall due the incisional hernia where the stitching in my stomach wall split open from chest to groin.  I was told that it would be at least a 6 month waiting list to have my hernia fixed or could pay to have it done privately by the same surgeon! I went to a solicitor friend of mine who specialises in medical negligence and even he couldn't believe how much they'd cocked it up. Like MRGF I didn't believe in suing the NHS but I just wanted pressure putting on them to fix me quickly. Against my friends better judgement I got him to create a letter detailing the errors in my treatment with an open ended threat of fix it or pay. Needless to say I was bumped up the list and had my hernia fixed.

As I stated above I have a very weak core now which effects my life and lots of sports I used to enjoy are impossible to do now. In hindsight I should have claimed compensation and paid to have my hernia fixed privately. The NHS supposed to be professionals with highly paid specialists. Yet my experience is nothing more than butchers with a second rate service with the specialists working both sides of private and NHS to their own benefit at the patients expense.

[bradfordfabia]

So they make it difficult to sue so you just forget about it.

[bradfordfabia]

16 hours ago, mrgf said:

I'd say its a dilemma. Sue the NHS, you sue all of us! Don't sue and you will have loss of earnings, loss of movement, pain etc to contend with. Get a prognosis of what SHOULD have happened if correctly diagnosed. Find what would, could or should have been done and if it was, would you have been better off long term. If the diagnosis says you were going to suffer for the rest of your natural anyway, then suing would be pointless, unfair and possibly unlikely to gain anything from. If you would have most likely made a full recovery in a fairly short span of time, hit them where it hurts!

Was the accident caused by anything such as broken flooring or through someone else's ineptitude? Was it caused at work? If so, someone other then the NHS may also be liable for the initial damage anyway.

You have brought up some good points which I will mention the  next time I go to the private hospital.

[Aspman]

The NHS has a fund for dealing with medical negligence claims. Just because it's part of the public sector does not excuse it from its obligations to patients who have been harmed by its staff.

If you sue them the senior managers will have to justify why they have had to pay out.

If you do nothing they will continue as they are.  NHS was in complete denial they had done anything wrong until a week before they had to issue me a full and unqualified apology for their actions.

 

they're more than happy to play the morality card to get out of trouble whilst ignoring incompetent staff.

 

If they got it wrong sue them.

[Ootohere]

The error appears to me who is unqualified in that the OP had not to return to a clinic and have an X-ray when the brace was no longer to be worn, 

& then the appointments with the physio or plural of that, a brace of physio's maybe.

 

bradfordfabia, 

how did you visiting to the private hospital that takes NHS patients come about,

did you decide that you would have to go there and get treatment and did you not visit your own local NHS GP or had you done that ?

A NHS Hospital with X-Ray department with A&E is many peoples usual way to getting further treatment or seeing their own doctor to get reffered to a specialist.

Edited 23 June, 2017 by Awayoffski

[bradfordfabia]

I went to see my GP the other week and she said I would need to have a password sent to me so I could book the appointment myself. Got the password and I had a choice of going to Bradford royal infirmary where I was seen after the fall or go to the Yorkshire clinic. Both places are about 15 mins drive away but the BRI you have to pay for parking and it's not in a nice area. 

 

The Yorkshire clinic do take NHS patients.

Edited 23 June, 2017 by bradfordfabia

[bradfordfabia]

When I went to the two physiotherapist and the doctors while getting my sick notes couldn't understand why I hadn't been back for a x ray.

[VWD]

On 23/06/2017 at 13:20, Aspman said:

The NHS has a fund for dealing with medical negligence claims. Just because it's part of the public sector does not excuse it from its obligations to patients who have been harmed by its staff.

If you sue them the senior managers will have to justify why they have had to pay out.

If you do nothing they will continue as they are.  NHS was in complete denial they had done anything wrong until a week before they had to issue me a full and unqualified apology for their actions.

 

they're more than happy to play the morality card to get out of trouble whilst ignoring incompetent staff.

 

If they got it wrong sue them.

If I'd known what my late dad would need after his stroke ,I'd have done likewise.

86 year old bloke, with records held at local hospital ,with eyesight problems ( and regularly attending eye clinics) ,has a fall ,and in a daze sits in porch with a torch to attract attention. Neighbour sees light, and calls ambulance. Dad is stitched and sent home, with no apparent checks of age or consideration that he could be suffering from concussion (doctor's excuse when we got to hospital next day, was that they thought dad was a lot younger -no mention of his dazed state).