Can i sue the hospital/NHS?

[Evil dolly]

I recently had to have an emergency c-section to have my son who is now 8 weeks old. 2 days later i was told i had to go home, i informed the midwife i did not feel right and was not ready to go home but was told it was normal practice and that i had to leave once the doctor had made his rounds and checked my c-section.

 

I was upset by this but figured it ust be how all c-section ladies felt afterwards. The doctor eventually came and looked at the c-section, he said instantly that it looked quite red an sore around the wound and asked if it hurt when he touched it. I told him no, as it was still numb there and could not feel anything. I was then sent home, he did not give me any antibiotics and did not do a swab check to look for infection.

 

2 days later the wound began to weep and became very painful, the midwife came to check on the baby and after looking at my belly got me some antibiotics and sent a swab off aswell to make sure they were the right drugs to be taking. Another 2 days later the wound had opened up quite badly and i was very very ill. Another midwife came to check the wound again and said i needed to go to the hospital as i needed stronger antiiotics.

 

We went straight there, the doctor took one look at my c-section and within a matter of minutes i was rushed into theatre where they opened the wound back up and had to cut out all the dead and infected flesh, along with the skin from outside the wound on my tummy as the infection had spread and began killing the outer skin also turning it black.

 

I was left with an open wound 9 inches in length, 2 and a half inches wide and nearly 3 inches deep, i had to have a vac machine attatched at all times to the wound. I was kept in hospital for 2 weeks on morphine and 2 dfferent antibiontics and when eventually sent home still had to had the machine attached for 2 months to heal the hole in my belly. This pretty much left me imobilized and uanble to look after my son who i had already lost out on the first weeks of his life and was unable to bond with him.

 

Currently the wound is infected once again.

 

Friends and family are telling me that e doctor was negligent in sending me home when i had all the symptoms of infection and he did nothingnd that i should sue. do you believe i may have a case? I have lost alot of time with all this and dont want to waste anymore.

 

thanks in advance

[reallymadwoman]

You need proper legal advice to even consider going down this route. Find a solicitor who specialises in medical negligence and see what they advise.

[BazzaS]

I recently had to have an emergency c-section to have my son who is now 8 weeks old. 2 days later i was told i had to go home, i informed the midwife i did not feel right and was not ready to go home but was told it was normal practice and that i had to leave once the doctor had made his rounds and checked my c-section.

 

I was upset by this but figured it ust be how all c-section ladies felt afterwards. The doctor eventually came and looked at the c-section, he said instantly that it looked quite red an sore around the wound and asked if it hurt when he touched it. I told him no, as it was still numb there and could not feel anything. I was then sent home, he did not give me any antibiotics and did not do a swab check to look for infection.

 

2 days later the wound began to weep and became very painful, the midwife came to check on the baby and after looking at my belly got me some antibiotics and sent a swab off aswell to make sure they were the right drugs to be taking. Another 2 days later the wound had opened up quite badly and i was very very ill. Another midwife came to check the wound again and said i needed to go to the hospital as i needed stronger antiiotics.

 

We went straight there, the doctor took one look at my c-section and within a matter of minutes i was rushed into theatre where they opened the wound back up and had to cut out all the dead and infected flesh, along with the skin from outside the wound on my tummy as the infection had spread and began killing the outer skin also turning it black.

 

I was left with an open wound 9 inches in length, 2 and a half inches wide and nearly 3 inches deep, i had to have a vac machine attatched at all times to the wound. I was kept in hospital for 2 weeks on morphine and 2 dfferent antibiontics and when eventually sent home still had to had the machine attached for 2 months to heal the hole in my belly. This pretty much left me imobilized and uanble to look after my son who i had already lost out on the first weeks of his life and was unable to bond with him.

 

Currently the wound is infected once again.

 

Friends and family are telling me that e doctor was negligent in sending me home when i had all the symptoms of infection and he did nothingnd that i should sue. do you believe i may have a case? I have lost alot of time with all this and dont want to waste anymore.

 

thanks in advance

 

For it to be negligence:

They must owe a duty of care : this they did

There must be a breach of that duty : this is where the issue lies, and

Harm must result : this is clear.

 

So it boils down to : did the doctor who saw you breach their duty of care?.

If they did the check to their expected standard of care, and have documented their examination and they couldn't have been expected to have found infection & the infection only later became apparent : you have no case.

If their check was inadequate or they ignored signs ; you have a case.

 

You may need to obtain your notes +/- have an expert review them to decide.

 

If they were negligent what are your aims? Dependant on what you want will decide the best way to achieve it

Edited October 28, 2012 by BazzaS

[Nystagmite]

Have you taken this up with PALS yet?

[marmaris30]

Reallymadwoman is absolutely right - you need a solicitor rather than considering taking this on yourself. There are quite a few firms with specialists in clinical negligence and they will generally offer you a free hour to discuss the basics.

[Evil dolly]

When the doctor looked at my wound he commented on the redness which is the first sign of infection. I am going to speak with a specialist solicitor i ,have found in my town and see what they think. I just wanted others opinions to see what you all thought aswell.

[assisted blonde]

Medical negligence is not an easy route to take, if however upon recieving good expert legal advice (not a no win no fee jobby) you decide to go down this route then you must be prepared for it to take a long time and a lot of effort and you need to be sure that it wont take over your life to the extent that you become obsessed.

Your experience sounds dreadful but at least you have a healthy son, take time to enjoy him.

[Nystagmite]

Do you have legal cover with your home insurance?

[Toque]

Have you taken this up with PALS yet?

No!

 

Under no circumstances have anything to do with PALS. Despite the name, they are most certainly not on the patients side. Seek advice from ICAS (Independent Complaints and Advocacy Service).

 

Make a formal complaint (recommended first, before, or at least in conjunction with, legal action), and send it directly to the CEO of the PCT/Trust.

 

Do not send it to the hospital, because if you do, you will forfeit the right to escalate to the CEO if dissatisfied. Thereafter the Ombudsman will be your only recourse (you can go there if the CEO is no good either).

 

It is important to resist any attempt to make you go for 'local resolution'. Insist on the complaint being dealt with from the very top.

 

ICAS explains this as 'Option A' and 'Option B', and the consequences of selecting Option A.

[BazzaS]

No!

 

Under no circumstances have anything to do with PALS. Despite the name, they are most certainly not on the patients side. Seek advice from ICAS (Independent Complaints and Advocacy Service).

 

Make a formal complaint (recommended first, before, or at least in conjunction with, legal action), and send it directly to the CEO of the PCT/Trust.

 

Do not send it to the hospital, because if you do, you will forfeit the right to escalate to the CEO if dissatisfied. Thereafter the Ombudsman will be your only recourse (you can go there if the CEO is no good either).

 

It is important to resist any attempt to make you go for 'local resolution'. Insist on the complaint being dealt with from the very top.

 

ICAS explains this as 'Option A' and 'Option B', and the consequences of selecting Option A.

 

ICAS appear to regard "local resolution" as stage 1.

(IMO : a complaint to the Chief Executive is still "local resolution").

Most Trusts have a Chief Executive, though the relevant Regulations (from 2009) do refer to the 'chief executive officer'

 

http://www.carersfederation.co.uk/uploads/Raising%20Concerns%20Booklet%20A4%2020pp.pdf

ICAS's leaflet mentions PALS, and I can't see anywhere where it says "don't use / trust PALS"

 

ICAS appear to regard Stage 2 as the Health Service Ombudsman (HSO), though the HSO can't / won't intervene until stage 1 has been exhausted.

 

None of this precludes legal action.

In fact while legal action also has time limits, they aren't as strict as the (usual) 1 year limit for a Stage 1or 2 NHS complaint.

[Toque]

ICAS appear to regard "local resolution" as stage 1.

(IMO : a complaint to the Chief Executive is still "local resolution").

There is some confusion about 'local resolution' - whether it means, say, the GP practice only (escalation being to the CEO); or GP practice and CEO (escalation then being to the Ombudsman).

 

Patients are still told that they must go to the Practice Manager and cannot go to the CEO. This is actually the situation that prevailed in 2007 and was highlighted by the Shipman Enquiry and then changed by the 2009 Regulations.

 

Most Trusts have a Chief Executive, though the relevant Regulations (from 2009) do refer to the 'chief executive officer'

Yes, s4 of the 2009 Regulations mentions 'responsible body', 'responsible person' and 'complaints manager'. In the case of an NHS body, the responsible person is the CEO.

 

ICAS's leaflet mentions PALS, and I can't see anywhere where it says "don't use / trust PALS"

ICAS does not say 'don't use/trust PALS'. I do - based on personal experience, and of those whom I have assisted with complaints. I'm sorry to say that the experience has been uniformly bad.

 

ICAS appear to regard Stage 2 as the Health Service Ombudsman (HSO), though the HSO can't / won't intervene until stage 1 has been exhausted.

The key thing is Option A and Option B. PM me for the link if you want to it (I don't have enough posts, so the system won't let me link to the document), or look for the ICAS booklet 'Raising Concerns or Complaints about the NHS'.

 

If you select A, you forfeit the right to Option B. This is why PCT's are keen to push complainants to 'truly' local resolution (ie the GP Practice Manager). I have known PCT officials lie to patients in order to deflect complaints direct to the CEO.

 

Why?

 

Most people will feel able to complain to the practice. As it's of a muchness, a fair number will feel able to complain to the CEO. However, as the standards are much higher, and it's a much more daunting prospect, very few will feel able to take on a complaint to the Ombudsman.

 

Thus, if someone is deflected first to the Practice Manager (option A) and then gets stonewalled, they can't go to the CEO (Option B), and are much more likely to drop the whole thing. Whereas, if they know that they can go to the CEO first, then it starts a much bigger ballgame and it's more difficult to whitewash.

Edited October 29, 2012 by Toque

[BazzaS]

There is some confusion about 'local resolution' - whether it means, say, the GP practice only (escalation being to the CEO); or GP practice and CEO (escalation then being to the Ombudsman).

 

Patients are still told that they must go to the Practice Manager and cannot go to the CEO. This is actually the situation that prevailed in 2007 and was highlighted by the Shipman Enquiry and then changed by the 2009 Regulations.

 

 

Yes, s4 of the 2009 Regulations mentions 'responsible body', 'responsible person' and 'complaints manager'. In the case of an NHS body, the responsible person is the CEO.

 

 

ICAS does not say 'don't use/trust PALS'. I do - based on personal experience, and of those whom I have assisted with complaints. I'm sorry to say that the experience has been uniformly bad.

 

 

The key thing is Option A and Option B. PM me for the link if you want to it (I don't have enough posts, so the system won't let me link to the document), or look for the ICAS booklet 'Raising Concerns or Complaints about the NHS'.

 

If you select A, you forfeit the right to Option B. This is why PCT's are keen to push complainants to 'truly' local resolution (ie the GP Practice Manager). I have known PCT officials lie to patients in order to deflect complaints direct to the CEO.

 

Why?

 

Most people will feel able to complain to the practice. As it's of a muchness, a fair number will feel able to complain to the CEO. However, as the standards are much higher, and it's a much more daunting prospect, very few will feel able to take on a complaint to the Ombudsman.

 

Thus, if someone is deflected first to the Practice Manager (option A) and then gets stonewalled, they can't go to the CEO (Option B), and are much more likely to drop the whole thing. Whereas, if they know that they can go to the CEO first, then it starts a much bigger ballgame and it's more difficult to whitewash.

 

"Practice Manager" "PCT" and "CEO" .... Sounds like your (bad) experience was with a GP / PCT, and you are extrapolating this to a Hospital Trust.

 

You mention the ICAS leaflet 'Raising Concerns or Complaints about the NHS' ..... Which is online under the URL I quoted. I still don't see "Option A" and "Option B" stated within it.

[Toque]

This is getting stupid - the system won't allow me to PM you the link either.

 

Let's try this: seap. org. uk / services / nhs-complaints-advocacy / local-resolution. html

[BazzaS]

This is getting stupid - the system won't allow me to PM you the link either.

 

Let's try this: seap. org. uk / services / nhs-complaints-advocacy / local-resolution. html

 

"For complaints about a GP, dentist, optician, pharmacist, health centre or other independent NHS contractor, you have two options:"

 

The OP wants to complain / seek information to see if she needs to complain about a hospital episode.

Option A and B are for the providers listed above : not for a hospital based episode.

 

For a hospital episode it doesn't mention Options A and B, but:

"If you are complaining about a hospital or ambulance service you can write to the Complaints Manager or the Chief Executive."

 

She can seek a meeting / write an informal letter to the Consultant involved / write to PALS without it being "Option A or B".

This wouldn't then be a bar to then making a formal complaint to the Chief Executive if required (as long as it is within the 1 year limitation period)

 

I suggested higher up the thread that it seems you are taking your experience with a GP / PCT and extrapolating it to what to do with a hospital : it again seems this is the case, but now that I've seen where you are misinterpreting and have highlighted it : do you see your error?.

[honeybee13]

This is getting stupid - the system won't allow me to PM you the link either.

 

Let's try this: seap. org. uk / services / nhs-complaints-advocacy / local-resolution. html

 

Hello there.

 

There is a minumum number of posts before you can PM anyone except site team, sorry. There are sound reasons for this.

 

My best, HB

[Zonker]

One thing i picked up from my latest session of reading was about Doctors and a thing called Informed Consent. That slip of paper you signed when you agreed to have the operation, it should contain things like what is expected how the operation should go and possible complications. If a nasty complication is possible the Doctor should speak about it. But i do agree a specialist legal professional is the way to go.

 

There is a guide on the gmc website , Good Medical Practise. IMHO its a right eye opener, especially when you read how its seen to be implimented on the Fitness To Practise Proceedings.

 

http://www.gmc-uk.org/guidance/good_medical_practice.asp

 

Also remember that you also can report directly to the GMC. It says in the flash guide if the doctor is not fit to practise or may be a risk to patients then contact the GMC. I would suggest after reading your post (especially the doctors comments part) to contact the GMC and ask for their advice.

 

http://www.gmc-uk.org/concerns/making_a_complaint/a_patients_guide.asp

Edited October 30, 2012 by Zonker

[Toque]

Hello there. There is a minumum number of posts before you can PM anyone except site team, sorry. There are sound reasons for this. My best, HB

I can appreciate the reason why - it just came at the wrong moment!

[Toque]

I suggested higher up the thread that it seems you are taking your experience with a GP / PCT and extrapolating it to what to do with a hospital : it again seems this is the case, but now that I've seen where you are misinterpreting and have highlighted it : do you see your error?.

Rereading it, I see that you are right - I was applying the one to the other. I failed to properly take in the bit about 'independent contractor'. PCT (the body that contracts with GP's) versus Hospital Trust.

[fitztheviking]

No!

 

Under no circumstances have anything to do with PALS. Despite the name, they are most certainly not on the patients side. Seek advice from ICAS (Independent Complaints and Advocacy Service).

 

Make a formal complaint (recommended first, before, or at least in conjunction with, legal action), and send it directly to the CEO of the PCT/Trust.

 

Do not send it to the hospital, because if you do, you will forfeit the right to escalate to the CEO if dissatisfied. Thereafter the Ombudsman will be your only recourse (you can go there if the CEO is no good either).

 

It is important to resist any attempt to make you go for 'local resolution'. Insist on the complaint being dealt with from the very top.

 

ICAS explains this as 'Option A' and 'Option B', and the consequences of selecting Option A.

 

er. The PATIENT allocation liaison service (PALS) DOES have the patients concerns at heart because they certainly dont support the staff. to make a formal complaint you can write a letter but doing this you will ultimately receive a letter of apology and a list of events and why the actions were taken. if you are expecting ££££ then this is not the way to go. Even if your after advice pals is a very good starting point.

 

as for the vac dresings these are awesome. i have seen them close so many different types of very nasty wounds.

Edited November 11, 2012 by fitztheviking