Failed to put me on waiting list

[moandcubs]

I have been signed off work since last March and got to a point late November where I spoke to specialist on phone and she told me that an operation was the only option. When I agreed to this she said she would get me placed on the waiting list which was currently a 12 week wait.

 

It has now come to the point with my work where I am about to go to zero pay for 6 months and I have been offered a settlement agreement to leave (which if I don't take before I go down to zero pay it will be taken off the table)

 

So before deciding whether to sign or not I phoned to see where I stood on a time for the operation only to be informed that for some reason I hadn't been placed on it. After some enquiries by an admin assistant I was told that April is the earliest possible time they could try and jump me ahead in the queue and she could only apologise for the mix up.

 

However due to this mix up I have now had to take the settlement agreement as the operation is classed as only 50/50 meaning it is too big a gamble not to take a small sum of money.

 

Is there any sort of complaint or compensation procedure I can through for the fact that this has now affected my actual employment?

[stu007]

Have a read of this NHS Link: http://www.nhs.uk/NHSEngland/complaints-and-feedback/Pages/nhs-complaints.aspx

[BazzaS]

Stu's reply is correct if:

a) the OP is being treated on the NHS, and

b) In England.

 

If this is correct, when where you first referred?. There is an expectation of a maximum of 18 weeks between referral and treatment.

 

A complaint to the NHS about an administrative error leading to a delayed operation is unlikely to lead to monetary compensation for loss of wages, for the OP, although there is no harm in asking!.

If the OP is "50/50" anyway, expect them to argue that with a 50/50 outcome you'd likely have taken the settlement anyhow........ and the delay isn't likely to affect the outcome.

 

They'll say "if the op had happened sooner and the outcome was known you'd have either returned to work or not been eligible for a settlement."

 

OP, is the op available elsewhere sooner? If so, and if the 18 week RTT time has been breached, the CCG may arrange for your op to be done more quickly at an alternative provider.

 

https://www.england.nhs.uk/statistics/wp-content/uploads/sites/2/2013/12/Maximum-Waiting-Times-guidance-revised-November-2013.pdf

(Heading 5, bottom of page 8).

 

Where patients are likely to breach, or have breached, their maximum waiting time and wish to be treated more quickly, the

commissioner has a duty to take all reasonable steps to identify alternative providers.

Commissioners are responsible for ensuring that providers have effective systems in place to manage this process on their behalf.

Commissioners should ensure that providers take all reasonable steps to offer a range of alternative appointments to start the patient’s treatment elsewhere.

Commissioners have a duty to act on the patient’s behalf to secure alternative provision if the provider has failed to take all reasonable steps to do so or if the patient requests this.

A suitable alternative provider is one that can provide clinically appropriate treatment and has a contract with a CCG or NHS England.

The alternative provider must be able to commence the patient’s treatment more quickly than the original provider; and able to provide services on the same mandatory terms and conditions as other similar NHS services.

 

So, the provider should be looking for any quicker alternatives. Point this out to them, ask if they have looked for alternative providers and mention you are also taking it to the CCG (if they are going to breach the 18 week RTT time).

They may suddenly discover they can fit you in sooner .......... : If not, dob the provider in it with the CCG! (for making the error, breaching the 18 weeks, +/- not finding a faster alternative [if there is one......])

[moandcubs]

Thanks for the replies.

 

Apologies but I should have mentioned that I am being treated by NHS Scotland.

 

I was first referred by my GP back in March last year. Waited until June to see a specialist who recommended a Nerve Conduction Study. This was carried out in September. Then had to wait until November to see specialist again who then contacted me by phone after speaking to surgeon to suggest operation.

 

I was told I would be put on a 12 week waiting list from that date. This would have brought me to sometime around now. If that was the case I would not have been anywhere near signing the settlement agreement with work as I would have a very good idea if the operation had worked and then could have coped with maybe a month or so of zero pay before being fit to go back.

[stu007]

NHS Scotland: http://www.healthscotland.com/contacts/concerns-complaints.aspx

 

Also check you own Health Board for your Region: http://www.scot.nhs.uk/organisations/

[think about it]

I think it's important here to separate the making of a complaint and seeking compensation. If your preferred outcome is some sort of financial redress then speak to a solicitor to see if they'll take on your case. Lodging a complaint with the health board is unlikely to realise a financial outcome.