Making a claim against the NHS?

Ben3991

Ben3991

Ben3991

Associate
Joined
18 Sep 2011
Posts
167
Hi All,

Looking for some advice, I have an ongoing medical issue of which the details are not important to my question.

I feel I have a strong case to make a claim against the NHS in the way the issue has been handled and clinical negligence during a procedure. What is the best way to start a claim procedure against the NHS?

Obviously, a google search will return no end of ‘no win no fee’ websites but other than the fact I despise of this kind, if I was to win, a large percentage would be lost to them. Can you start a claim yourself or is the only alternative to hire a solicitor?

Thanks!
 
Surely you'd want a solicitor anyway just to a) validate the fact that you do actually have a case; and b) ensure that the claim is dealt with properly?

You can start it yourself, but there are a lot of procedures etc. which you wouldn't be aware of, unless you're willing to spend the time in learning all of them.
 
Medical negligence is very difficult to prove bud. I had two heart attacks and bleated on about coronary heart disease to my local doctor for years but they ignored it all as gastorentoritis. After my SECOND heart attack they finally admitted there was an issue (well they had to once I was diagnosed as having a completely occulded artery). Went to see a couple of solicitors. (one was no win no fee - they don't always take a chunk of your compensation - they just charge above and beyond and add that to the court bill).

First things first you have to prove that you didn't recieve the proper level of medical care - so negligence. Until thats done solicitors aren't willing to take anything else forward. This is very difficult to do as most of us don't work in the medical industry so don't understand what is acceptable and what is not. Its all a guessing game with the doctors and they can easily squirm their way out of it by saying they 'suspected' it was something else for example. They are dirty gits who cover themselves legally. Unfortunately my case fell over at this part and the solicitor was satisfied the doctors had not incurred any 'neglect' as a 'mis-diagnosis' isn't classed as neglectful medical practise apparantly. Even if you've been correctly diagnosing yourself - its the doctors report that counts. I could have persued this but my doctors surgery called me in for a chat and apologised face to face. Also since then they have been going above and beyond for me and my family (checking the kids etc) so I'd much rather have that than any level of compensation!

Once thats done the second part of the legal process is to ascertain how much you now suffer as a result. This determines the level of compensation they aim for. I didn't get this far so not sure of exactly what happens at this stage.

My mum died recently and the hospital admitted to a level of neglect in care - They could have saved her if they had paid more attention. In this event though solicitors said that because my mum doesn't have any dependants (i.e. all us siblings are adults) - there would be a minimal level of compensation offered so it wasn't worth their time! So if your trying to claim for someone else remember you have very little chance unless you are one of their dependants.

Hope this helps - I feel cheated the way the system is currently setup. They try to bedazzle you with the complaints process - Follow that through first - Lodge a complaint with the PAL team at the local hospital and demand answers to questions. They will have to carry out a full independant investigation and report back to you. Try to get them to give an admission of 'neglect' if you really want to persue this bud. All the best.
 
About 14 years ago I broke my wrist playing rugby, the break was missed on two separate occasions by two separate nurses and as a result of complications the break failed to heal correctly. At the time I had just passed my Police application which had to be put on hold while I had to have a bone graft operation, this operation had an 18 month waiting list, the Police would only hold my application for 12 months. Without being able to afford the operation privately I was advised to use https://www.ombudsman.org.uk/ (Depending on your location, Wales, Scotland all have their own sites) Circumstances were explained to them and somehow within 6 weeks of initially speaking to them I was giving a date for my operation, I was satisfied with this outcome so didn't take it any further but they offered follow up advice in relation to compensation etc.

Excuse the long winded story.
 
My father has a claim against the NHS that's hopefully nearing completion after 3 years. Messed up hip replacement, overdose of anti-clotting medication post-operation and then falsifying medical records to cover it up. The trust has already admitted liability for those actions and the words of the trust's chief executive to us were 'sue us, it is the only way we'll learn from situations like this.' So we did.

What was supposed to be an operation to improve quality of life has instead left my father crippled, in constant pain and lost two years of earnings. I accept that operations can go wrong, for a number of reasons, but trying to cover up the mistakes afterwards is inexcusable imo.

We're using a local solicitor with a good track record and experience of medical negligence cases. Their costs will be met by the trust (assuming the case is successful in court if not settled beforehand) plus there's an additional success fee out of the damages award (but not out of the award for future care needs etc).
 
zoomee said:
Medical negligence is very difficult to prove bud. I had two heart attacks and bleated on about coronary heart disease to my local doctor for years but they ignored it all as gastorentoritis. After my SECOND heart attack they finally admitted there was an issue (well they had to once I was diagnosed as having a completely occulded artery). Went to see a couple of solicitors. (one was no win no fee - they don't always take a chunk of your compensation - they just charge above and beyond and add that to the court bill).

First things first you have to prove that you didn't recieve the proper level of medical care - so negligence. Until thats done solicitors aren't willing to take anything else forward. This is very difficult to do as most of us don't work in the medical industry so don't understand what is acceptable and what is not. Its all a guessing game with the doctors and they can easily squirm their way out of it by saying they 'suspected' it was something else for example. They are dirty gits who cover themselves legally. Unfortunately my case fell over at this part and the solicitor was satisfied the doctors had not incurred any 'neglect' as a 'mis-diagnosis' isn't classed as neglectful medical practise apparantly. Even if you've been correctly diagnosing yourself - its the doctors report that counts. I could have persued this but my doctors surgery called me in for a chat and apologised face to face. Also since then they have been going above and beyond for me and my family (checking the kids etc) so I'd much rather have that than any level of compensation!

Once thats done the second part of the legal process is to ascertain how much you now suffer as a result. This determines the level of compensation they aim for. I didn't get this far so not sure of exactly what happens at this stage.

My mum died recently and the hospital admitted to a level of neglect in care - They could have saved her if they had paid more attention. In this event though solicitors said that because my mum doesn't have any dependants (i.e. all us siblings are adults) - there would be a minimal level of compensation offered so it wasn't worth their time! So if your trying to claim for someone else remember you have very little chance unless you are one of their dependants.

Hope this helps - I feel cheated the way the system is currently setup. They try to bedazzle you with the complaints process - Follow that through first - Lodge a complaint with the PAL team at the local hospital and demand answers to questions. They will have to carry out a full independant investigation and report back to you. Try to get them to give an admission of 'neglect' if you really want to persue this bud. All the best.
Click to expand...

That certainly seems like negligence to me. Unbelievable how they have wormed there way out of that one. How old are you if you don't mind me asking?
 
Admiral Huddy said:
yes let's all **** up the NHS even further.. :mad:
Click to expand...

Whilst I agree with this to a point, if the OP is in the position where he has a condition which has been made worse/developed complications due to negligence, and he's maybe unable to work/needs to make costly modifications to his home/is in constant pain/etc. should they just ignore the fact it was caused by someone else's ****-up?
 
zoomee said:
Medical negligence is very difficult to prove bud. I had two heart attacks and bleated on about coronary heart disease to my local doctor for years but they ignored it all as gastorentoritis. After my SECOND heart attack they finally admitted there was an issue (well they had to once I was diagnosed as having a completely occulded artery). Went to see a couple of solicitors. (one was no win no fee - they don't always take a chunk of your compensation - they just charge above and beyond and add that to the court bill).

First things first you have to prove that you didn't recieve the proper level of medical care - so negligence. Until thats done solicitors aren't willing to take anything else forward. This is very difficult to do as most of us don't work in the medical industry so don't understand what is acceptable and what is not. Its all a guessing game with the doctors and they can easily squirm their way out of it by saying they 'suspected' it was something else for example. They are dirty gits who cover themselves legally. Unfortunately my case fell over at this part and the solicitor was satisfied the doctors had not incurred any 'neglect' as a 'mis-diagnosis' isn't classed as neglectful medical practise apparantly. Even if you've been correctly diagnosing yourself - its the doctors report that counts. I could have persued this but my doctors surgery called me in for a chat and apologised face to face. Also since then they have been going above and beyond for me and my family (checking the kids etc) so I'd much rather have that than any level of compensation!

Once thats done the second part of the legal process is to ascertain how much you now suffer as a result. This determines the level of compensation they aim for. I didn't get this far so not sure of exactly what happens at this stage.

My mum died recently and the hospital admitted to a level of neglect in care - They could have saved her if they had paid more attention. In this event though solicitors said that because my mum doesn't have any dependants (i.e. all us siblings are adults) - there would be a minimal level of compensation offered so it wasn't worth their time! So if your trying to claim for someone else remember you have very little chance unless you are one of their dependants.

Hope this helps - I feel cheated the way the system is currently setup. They try to bedazzle you with the complaints process - Follow that through first - Lodge a complaint with the PAL team at the local hospital and demand answers to questions. They will have to carry out a full independant investigation and report back to you. Try to get them to give an admission of 'neglect' if you really want to persue this bud. All the best.
Click to expand...


You should start with that next time you go to A&E looking help.
 
Admiral Huddy said:
yes let's all **** up the NHS even further.. :mad:
Click to expand...

As bad as it is for medical complications to cause individuals issues or people to feel they have a case against the NHS, this was the first thing I though of. I mean, the NHS isn't exactly in the best place right now and little things like this are not going to help!

However, I do feel for the OP, it's not good when things like this happen! I really hope you get it sorted OP, regardless of the outcome.
 
zoomee said:
Medical negligence is very difficult to prove bud. I had two heart attacks and bleated on about coronary heart disease to my local doctor for years but they ignored it all as gastorentoritis. After my SECOND heart attack they finally admitted there was an issue (well they had to once I was diagnosed as having a completely occulded artery). Went to see a couple of solicitors. (one was no win no fee - they don't always take a chunk of your compensation - they just charge above and beyond and add that to the court bill).

First things first you have to prove that you didn't recieve the proper level of medical care - so negligence. Until thats done solicitors aren't willing to take anything else forward. This is very difficult to do as most of us don't work in the medical industry so don't understand what is acceptable and what is not. Its all a guessing game with the doctors and they can easily squirm their way out of it by saying they 'suspected' it was something else for example. They are dirty gits who cover themselves legally. Unfortunately my case fell over at this part and the solicitor was satisfied the doctors had not incurred any 'neglect' as a 'mis-diagnosis' isn't classed as neglectful medical practise apparantly. Even if you've been correctly diagnosing yourself - its the doctors report that counts. I could have persued this but my doctors surgery called me in for a chat and apologised face to face. Also since then they have been going above and beyond for me and my family (checking the kids etc) so I'd much rather have that than any level of compensation!

Once thats done the second part of the legal process is to ascertain how much you now suffer as a result. This determines the level of compensation they aim for. I didn't get this far so not sure of exactly what happens at this stage.

My mum died recently and the hospital admitted to a level of neglect in care - They could have saved her if they had paid more attention. In this event though solicitors said that because my mum doesn't have any dependants (i.e. all us siblings are adults) - there would be a minimal level of compensation offered so it wasn't worth their time! So if your trying to claim for someone else remember you have very little chance unless you are one of their dependants.

Hope this helps - I feel cheated the way the system is currently setup. They try to bedazzle you with the complaints process - Follow that through first - Lodge a complaint with the PAL team at the local hospital and demand answers to questions. They will have to carry out a full independant investigation and report back to you. Try to get them to give an admission of 'neglect' if you really want to persue this bud. All the best.
Click to expand...

A successful claim needs three things proven:

- negligence
- causation
- harm

Without getting into your own case, mis-diagnosis itself isn't necessarily neglence, human beings are not perfect, medicine is far from perfect and diagnoses are wrong all the time.

Medicine is gambling, every diagnosis, decision and treatment is essentially a gamble.
 
As someone who was left permanently disabled by the NHS I can sympathise.
You first need to submit a formal complaint details of how to do that should be readily available on your health boards website.
Get a copy of all your medical records, this includes any that are digital.
You can either submit that yourself of via a lawyer, I could not afford one and the ambulance chasers will only take on near certainties not that I wanted to use them.
Once your complaint is submitted they have 20 working days to respond but this time frame is meaningless as all they have to say after 20 days is that the case is too complex and they will need more time to address the issues. Which means they then have carte blanch to take as much time as they like.
Try and get hard copies of every communication, record all phone calls.
Be prepared for some really underhand or at least dodgy behaviour. I was actually accused, not to my face I might add, that I had mental health issues.
This will be a long and hard process as the health boards are notorious for taking the side of the medical staff no matter what the evidence.
The system is stacked against you and I learnt the hard way how bad it can be.
Good luck, you'll need it.
 
snips86x said:
As bad as it is for medical complications to cause individuals issues or people to feel they have a case against the NHS, this was the first thing I though of. I mean, the NHS isn't exactly in the best place right now and little things like this are not going to help!
.
Click to expand...
however without legal intervention how can issues like this be dealt with and new procedures if nesscery added or if existing procedures ignored the people responsible dealt with, and of course people should be compensated from the government as well if they can now no longer do stuff/work.
 
Glaucus said:
however without legal intervention how can issues like this be dealt with and new procures if nesscery added or if existing procedures ignored the people responsible dealt with, and of course, people should be compensated from the government as well if they can now no longer do stuff/work.
Click to expand...

Financial repercussions are a VERY strong motivator for change at an organisational level, probably the only effective one an individual can bring about.
 
Admiral Huddy said:
yes let's all **** up the NHS even further.. :mad:
Click to expand...
So if a medical professional's negligence or mistake genuinely causes somebody distress, illness or financial loss then the affected individual shouldn't be compensated, just because it's a public sector body?

I'll be considered with my words as you're a 'Don' but I think you haven't completely thought your post through.
 
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