NHS negligence claim?

[anthonycuk]

My 52 year old Mother sadly passed away June this year. She was diagnosed with hepatitus C about 25 years ago and has had cirrhosis of the liver for a few years.

 

For the last few years her consultant had been trying her on trial medication to try and get rid of the virus. This wasn't working for her at all, and it was only until March this year that she was referred to Birmingham liver unit for a transplant assessment.

 

My mother has become very unwell since February. She had a bad case of encephalitis in February and we thought she was going to die then.

 

My mother had a lot of fluid on her lungs and in her abdomen. She was admitted to hospital and spent a week on an assessment ward before her lung and stomach was drained. They couldn't drain the fluid from her stomach and it started to weep with blood. The following day water was pouring out of the side of her, she was giving a few dressings and discharged from hospital. She was in agonising pain in her side and her back, where they had drained the fluid. 2 das after her discharge she saw her consultant in Birmginahm and she was told that her liver was in a critical state and a transplant assessment would be done in 2 weeks.

 

The day after seeing her consultant she was admitted to hospital after being in agonising pain in her side and said it was worse than child birth. She was admitted to the assessment ward, her wound was still weeping with water and the dressings that the hospital has discharged her with were soon getting soaking wet and turning yellow. After 24 hours on the assessment unit she was taking to the intensive care unit. We were told that a 'catastrophic event' had taking place and they could not operate, only pump her with antibiotics. The surgeon said he believed she has caught an infection in her side which is caused bacterial peritonitis and was attacking the organs in her body. She died the following day.

 

I have wrote a letter or complaint to my local health board about the care the had recieved. The hospital were aware of my mother's health and they discharged her from hospital with no after care or follow up arranged to have her stitches out. The coroner said that there was no infection in her lower body but yet the funreal director was to under no circumstances embalm her or open the casket. I have been told by the local health council that they don't think I will be getting an answer to my complaint with 30 days.

 

I was wondering if anyone had experience with complaints towards the NHS before or if they believe I have a case?

[BazzaS]

My 52 year old Mother sadly passed away June this year. She was diagnosed with hepatitus C about 25 years ago and has had cirrhosis of the liver for a few years.

 

For the last few years her consultant had been trying her on trial medication to try and get rid of the virus. This wasn't working for her at all, and it was only until March this year that she was referred to Birmingham liver unit for a transplant assessment.

 

My mother has become very unwell since February. She had a bad case of encephalitis in February and we thought she was going to die then.

 

My mother had a lot of fluid on her lungs and in her abdomen. She was admitted to hospital and spent a week on an assessment ward before her lung and stomach was drained. They couldn't drain the fluid from her stomach and it started to weep with blood. The following day water was pouring out of the side of her, she was giving a few dressings and discharged from hospital. She was in agonising pain in her side and her back, where they had drained the fluid. 2 das after her discharge she saw her consultant in Birmginahm and she was told that her liver was in a critical state and a transplant assessment would be done in 2 weeks.

 

The day after seeing her consultant she was admitted to hospital after being in agonising pain in her side and said it was worse than child birth. She was admitted to the assessment ward, her wound was still weeping with water and the dressings that the hospital has discharged her with were soon getting soaking wet and turning yellow. After 24 hours on the assessment unit she was taking to the intensive care unit. We were told that a 'catastrophic event' had taking place and they could not operate, only pump her with antibiotics. The surgeon said he believed she has caught an infection in her side which is caused bacterial peritonitis and was attacking the organs in her body. She died the following day.

 

I have wrote a letter or complaint to my local health board about the care the had recieved. The hospital were aware of my mother's health and they discharged her from hospital with no after care or follow up arranged to have her stitches out. The coroner said that there was no infection in her lower body but yet the funreal director was to under no circumstances embalm her or open the casket. I have been told by the local health council that they don't think I will be getting an answer to my complaint with 30 days.

 

I was wondering if anyone had experience with complaints towards the NHS before or if they believe I have a case?

 

Firstly, sorry for your loss.

 

It sounds as if your mother had chronic Hepatitis C, (based on your description of) them trying to get the virus to clear from her system.

 

This (the active Hepatitis C) would be sufficient reason to explain the coroner insisting she wasn't embalmed or open the casket (since there is no vaccine against Hep C yet, to prevent any risk of infection from body fluids).

 

If the coroner says "no sign of infection" & this was based on a Coroner's post mortem :

a) it makes infection unlikely, even if the hospital doctors suspected infection

b) have they told you what the cause of death was if it wasn't bacterial infection? (It may have been liver failure from the Hepatitis C, with associated 'ascites')

c) is there going to be a Coroner's inquest or has the Coroner issued (or allowed the issue of) a death certificate?

 

To show medical negligence, you'd have to show

A) a duty of care

B) Breach of the duty of care, with

C) Harm, caused by that breach.

 

If the Coroner says "no infection" : even if they didn't arrange for the follow-up and stitches out - you'd have to show that this (or another breach of their duty of care) led to her death / or other harm.

 

If they can say "she died from liver failure from her long term Hepatitis C" (despite their efforts) rather than because of something they did : what harm DUE to their breach of duty would you be claiming?.

[think about it]

I can only echo Bazza's sentiments, I'm sorry to read of your loss.

 

I can offer some advice on the administrative side of your complaint, Bazza has covered the clinical / legal aspect better than I ever could.

 

I would say that it's well worth continuing with the complaint, although it's unlikely to offer any comfort in the circumstances what it will do is lay open what happened in the final few days and the decisions made. In my experience, complaints such as these do tend to take longer than the 30 days, the last complex complaint I was involved in had input from 3 consultants, several more junior doctors, nurses, clinical governance and compliance staff and the related department heads. Collating all of that information, ensuring that it's relevant and then assembling it in a manner that's easy to follow takes time, and it's certainly something I wouldn't be willing to rush. Nevertheless, the end result should, I hope, offer at least an explanation.

 

There are other avenues you can follow also, it may be worth requesting a copy of your mother's notes. Should you decide to take this down a legal route, bearing in mind the advice from Bazza, then these notes will form a vital part of the evidence to support that.

 

In the meantime, you might also find assistance from the hospital PALS group, Citizens Advice, your GP and CRUSE Breavement services.

 

Again, my condolences.

 

 

TAI