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Medical Negligance

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Around 14-15 months ago my brother started having serious upper back pains. After going to doctors they noticed a vitamin D deficiancy and put him on tablets. This still didn't sort his problems and after numerous checks and x-rays they just put him on pain killers for all that time, and as a result he was in pain everyday.

 

About 3 weeks ago he had an MRI scan, admitted into hospital the same day and pretty much into quarantine the day after as it turned out he had spinal TB. As a result of the damage caused by the infection he had to be operated on and a titanium bracket was placed into his neck.

 

Alot of people have told him to seek compensation, however he seems abit reserved about the whole thing. Would i be right in saying that if he was to proceed he would be successful in pressing charges as going such a long time with a serious disease undiagnosed is unacceptable. :mad2:

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He presented with back pain and the correct things were done. Vit D for a deficiency, pain meds , multiple X Rays and finally an MRI that showed the TB. Spinal TB is so rare,( since TB vacinations) I doubt if many doctors have ever seen a patient with it. And who would you sue? Was it his GP that ordered all thes tests ? If so seems to have provided the right treatment. If he had a consultant maybe something might be done there. As you see from the postings on the site , clinical negligence is really difficult to prove. It must be shown that the treatment provided was totally aginst the 'norm' I guess you would say. I could be wrong but I think he would have a real problem proving negligence just based on it taking so long for a diagnosis

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I agree with frankleg. The GP in my opinion (I'm a rheumatology nurse not a doctor) seems to have acted appropriately but of course I base this opinion on the limited information in your post. GPs are faced on a daily basis with people with complaints that may turn out down-the-line to be serious, e.g. malignancy. However GPs have to ensure that funds are spent appropriately (sounds cold I know) and patients do not undergo unnecessary (at the time) investigations.

 

Your brother *might* have been diagnosed had he received a MRI immediately, however if everyone who presents to their GP with back pain received advanced imaging such as this the NHS would be bankrupt within weeks. You say he had "numerous checks and x-rays" prior to his MRI. This is appropriate in the situation.

 

Not being a legal eagle - in any sense of the imagination - this might be total rubbish but the standard is "what a reasonable man would or wouldn't do". Again from your limited information, it would seem reasonable. From your details, the timescale to MRI does appear longer than normal (from my experience) but once again I don't know the ins and outs of your brothers visits to his GP or of his symptoms outwith the back pain that may have highlighted a condition other than mechanical back pain.


Disclaimer: Any advice given is solely my own. I advise you seek professional advice in the first instance.

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