Anybody ever tried? More one consultant really.
Just been told I should have had the operation I've just had more than 12 months ago.
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Suing the NHS
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Posted 1 year ago #
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Sue them then they won't have the money to do the operation. But hey with the compensation you could go private and end up getting the consultant you just sued to do the op privately
Posted 1 year ago # -
[u]lol kuco
Posted 1 year ago # -
Not easy to do. Is it clear cut or a matter of opinion? have you lost out substantially? It will be a long and tedious process. Is it worth it?
Posted 1 year ago # -
Cost me a year of my life so kinda pisses me off a tad.
How right you are Kuko.
Had non-union (hopefully don't still have). My consultant has seen me for 5 minutes a time and just told me to do exercises to try and build the muscle around the bone, thereby increasing blood flow. See you in 6 months.
Had a second opinion a few months ago which has meant me being able to push to be operated on.
I'm annoyed. Not at the NHS, just this one 'god'
Posted 1 year ago # -
Sopunds to me like in court it would get to be a matter of opinion not fact thus very hard to show you should have had the OP.
Ask whoever told you you should have had the op a year ago if they are preopared to say that in court?
I am not saying you are wrong - just pointing out that it will be a real struggle to sue
Posted 1 year ago # -
I have a friend who lost a baby in child birth due to hospital negligence. Pretty much immediately the hospital admitted negligence but to sue is going to cost my friend phenomenal amounts of money for some pittance in return (£5000 something like that on the life of a baby). so think they've decided it's not worth it financially or mentally. I don't think I'd bother in your situation, just accept it.
Posted 1 year ago # -
It's easy to say you should had the op after non union has occurred. That's the benefit of hindsight. Doesn't prove that the management at the time was not reasonable. To prove negligence you have to prove that the initial management was wrong, and out of step with accepted practice. That may be difficult.
Posted 1 year ago # -
perhaps that consultant is knife happy .mind you thats coming from somebody thats had physio for the last 8 months for a knee problem,me thinking that i know better and thought that i required surgery now 6weeks away from being on my bike .glad i waited
Posted 1 year ago # -
anyway what it the issue with you leg just for the post
Posted 1 year ago # -
TJ + doc - You're right but I've been told by various medical professionals that if bone union is to occur it should have happened before ..... months. I just feel agreived that if it hadn't been for me seeking a second opinion I would still be doing the same fruitless exercises now.
Bearing in mind the original break was June 2009. Non-union has meant job loss and total social change but now that I've read MunqueChicks comment I feel I should be M'ingTFU
Munque - That was my own opinion, get on with it, just hope it's worked this time.
Posted 1 year ago # -
What docrobster says basically. You will have no claim if, in simple terms, the NHS can prove that some other doctors would have taken th same approach, even if others would have acted differently.
Munque-chick, I cannot imagine that it would cost your friend anything to pursue a claim where there had been an immediate admission of negligence. I would expect any clinical negligence solicitor to deal with a case like that on a 'no win no fee' basis.
Posted 1 year ago # -
I got a decent sum for my badly mangled nutsack,if you see Mr Latif on a name badge as you are sitting with you arse hanging out the back of a gown waiting for the snip... RUN AWAY!
Posted 1 year ago # -
Hmmmmmm
sounds like you have significant loses then. Its a whole world of pain sueing but perhpas go to an ambulance cheaser to see what they think to your chances of a claim
Posted 1 year ago # -
Billsugger I wasn't trying to "dumb down" your claim I was just trying to help you put it into perspective from another view of someone who had something so tragic happen and they decided it wasn't worth it. It was just said to help you think about it. Sorry hope I didn't upset you and I certainly wasn't saying MTFU .. as I wouldn't just said it like that if I was
PaulMc those "no win no fee" lawyers aren't always the best way to proceed. I don't know much more but I know they spent a long time looking into it and decided against it due to costs versus what they got back if they won, along with closure on a horrific time and their own mental health and stability. It was all down to the birthing team using different watches, something so simple. Subsquently a digital clock is installed in all rooms now and everyone is supposed to gauge times off that.
Posted 1 year ago # -
Not all DR`S have the traing of Dr Mcoy off Star Trek, things take time to heal, you just waited a bit longer for a free operation, that may or may not have worked before.
Unless youve been damaged by the NHS, its not worth bothering with, also remember that the NHS wiull be doing the surgery if you win or loose.
Posted 1 year ago # -
billysugger read the bottom here to see what I did to myself.
Went back to the hospital this morning and was seen by the doc and head physio, turns out the torn ligament they would rather let it heal naturally, I also did muscle damage in my back/shoulder that isn't holding the shoulder in it's correct postion so i'm in constant pain at the moment and that can only be repaired with time and doing physio to build it back up. I've currently been signed off work for another 6 weeks as I'm not allowed to pull or lift anything heavy.
I go back to the doc in 3 months time so all together from going into A&E with it till that appointment will be about 2 years.
Posted 1 year ago # -
Get proper advice, you need a lawyer not an internet forum.
The moral conundrum... Well, myself, I had a gigantic NHS ****up which has left me fairly screwed in some interesting and permanent ways. And after recovering my notes, there's little doubt I'd win any case, and given the damages caused apparently I could expect a decent size payout.
But, other than that I've also had a lifetime of great care from the NHS and frankly I feel I'd have to be a total git to go after them. And the consultant responsible isn't around any more so there's no question of preventing it recurring. But this is very much a personal thing, I'm not sure there's a right or wrong but it wouldn't sit well with me.
Posted 1 year ago # -
Suing the NHS is for *****
APF
Posted 1 year ago # -
Why would that be APF?
Posted 1 year ago # -
MChick.... why are 'no win no fee' lawyers any different to any other lawyers. Its just a funding method, its not a different way of practicing law. What other way would you fund a clinical neg claim if not on a CFA (given that I doubt an LEI would pick that claim up.)
Instant admission of liability would mean a much simpler claim. Cant see the problem.
As for OP's comments - agree with docrobster
Good luck
Posted 1 year ago # -
MunqueChick I wasn't saying you'd caused me any offence. I feel for your friend.
As to suing the NHS being for ****. I wouldn't take the decision lightly but the NHS isn't a family of friendly cuddly bum-wiping nurses of our great nation and I might as well burn a union jack (get real).
Posted 1 year ago # -
It's the NHS budget that will suffer. The people who sue take money away from people who need treatment. That's the issue.
If someone's been negligent or is guilty of misconduct then redress needs to be made. However the NHS doesn't guarantee a correct diagnosis and cure every time, no doctor does.
Posted 1 year ago # -
If you want top service pay for it, otherwise take the crappy service and be grateful. Suing the NHS is taking the piss.
Posted 1 year ago # -
If you want top service pay for it
Do you really believe the OP would have had better 'service' in the private sector? If so, are you trying to suggest that if the consultant in question had been consulted privately, he would have recommended an op rather than exercise and that his decision was based on finance rather than the patients best interest?Posted 1 year ago # -
OP - plenty folk sue the NHS, but what is your loss?
Posted 1 year ago # -
5thElefant - Member
If you want top service pay for it, otherwise take the crappy service and be grateful. Suing the NHS is taking the piss.Easy pickings tonight.
You'd still take that attitude if they accidentally paralysed you? Or killed a member of your family?
Posted 1 year ago # -
There is another way of looking at this - in a much as 'ambulance chasing' or 'compensation culture' is a sad reflection on society, the other side is that it is often a very useful way of bringing to light incompetence or negligence which may otherwise continue.
Posted 1 year ago #
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