# Sueing the nhs



## bulawayolass (Jul 27, 2010)

Mum has been on the psych ward since sept after full breakdown and with panic and anxiety, she was due out end of feb doing really well, all sorted to a home etc and she had a terrible fall head first backwards.

It took 2 days before l managed to get her taken for full checks at the hospital as Dr called to the ward said oh nothing wrong!
When hospital saw her they said nothing wrong and sent her back. 
Took just over 10 dyas then l exploded over obvious mental damage 3 main ones being ... 
uneven pupils, when she did open her eyes,
Unable to hold eyes open
Unable to focus when eyes open
Still Unable to walk
In extreme pain
They did a cat scan and said 2 brain lesions but think benign and shouldn't stop her walking also other changes (still no one knows what those are) 

Wont go into full details but all nurses and l know she had at least a swollen brain and no thanks to dr's who did nothing to help she got over that on her own with care including 2 weeks of totally bedbound and unable to communicate unable to feed herself and other very distressing symptoms for her and those helping and myself..

Took till 3 weeks ago to get a neuro consultant who said lesions not reason for not walking... no one yet knows what the "changes inside her brain are" consultant didnt say!

She hasn't walked since the fall was in extreme pain and still in a fair bit, took me about 3 weeks to get her onto tramadol she was only on paracetomol. 
Still in pain but not as much.

About 3 weeks ago she had a huge bruise and swelling on her hip, back for x rays...nothing there
Following week a phone call from a & e consultant just relooked at x-ray she has a fractured hip hidden and old, come back tomorrow for CAT scan.
Back and refused scan, x-ray taken told nothing.

I now went incandescent and she was given an MRI.. multiple fractures of the pelvis. Explains the pain and unable to walk.

Back to fracture clinic to be told.. nothing to do bye (literally) the nurse who was in charge of mum asked how many, where and what damage have they done. Was told off for bothering the consultant with questions. 
Phone calls to hospital from mums one has got .. stop bothering us continue as you are

That means nothing happening as physios wont touch her quite rightly
No one knows what to do to avoid more problems
Mum has nose dived back into sever depression again worse than before and now barely talks just cries.

I am awaiting reply to complaint 25 days to 6 months and l have a law firm who have said based on the reply with be what action we take next.

l am in a state of disbelief over the behaviour from the hospital.


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## aldra (Jul 2, 2009)

Bulawayoloss

It must be a very worrying time for you

I feel from your account that there has been negligence

I do hope that your mum begins to improve

Aldra


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## carol (May 9, 2005)

I am really sorry to read your story, and can't help in any way, except have you thought to (a) get your PM involved and (b) local or national papers?

I do so hope you can get some answers for yourself and Mum

Carol


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## bulawayolass (Jul 27, 2010)

Thanks folks and Carol MP been sent a letter and l have told the hospital l will get media involved if they dont sort it fast.


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## cheshiregordon (Sep 24, 2011)

I must admit first off to not being a lover of the NHS in its current form (although I believe in the founding principles) and sympathise with your predicament and desire to complain and recieve an apology.
But to my mind sueing the NHS is like sueing ones self (as a tax payer) - the NHS is a colosseus bureaucracy which closes ranks to protect its own and itself, there should be a better way of getting justice by holding individual carers to account - it would seem that a successful prosecution rarely touches those that have given the poor service and is simply paid out of some big pot of gold without any meaningful or lasting improvement in stds.


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## bulawayolass (Jul 27, 2010)

No it may not touch those that need a good kicking. And any money will go towards a top class care home for mum, private psychiatrists, mobility and other aids and as much to improve her life as can be done.


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## JLO (Sep 27, 2006)

cheshiregordon said:


> I must admit first off to not being a lover of the NHS in its current form (although I believe in the founding principles) and sympathise with your predicament and desire to complain and recieve an apology.
> But to my mind sueing the NHS is like sueing ones self (as a tax payer) - the NHS is a colosseus bureaucracy which closes ranks to protect its own and itself, there should be a better way of getting justice by holding individual carers to account - it would seem that a successful prosecution rarely touches those that have given the poor service and is simply paid out of some big pot of gold without any meaningful or lasting improvement in stds.


Can I just say that the NHS does not close ranks to protect its staff, complaints are investigated and lessons are learned from those investigations. I work in an NHS Complaints Department and your sweeping statement makes a mockery of my job.


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## TR5 (Jun 6, 2007)

And I can confirm that NHS employee's (Doctor's, GP's, Consultants, etc) do close ranks at sudden death inquests. I say this with personal experience!

Making official complaints and proving it, may be a different matter.


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## cheshiregordon (Sep 24, 2011)

JLO said:


> cheshiregordon said:
> 
> 
> > I must admit first off to not being a lover of the NHS in its current form (although I believe in the founding principles) and sympathise with your predicament and desire to complain and recieve an apology.
> ...


Its not my intention to make a "mockery" of your job - but can I ask if the NHS complaints dept is independant of the NHS?


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## JLO (Sep 27, 2006)

No the NHS Complaints Department is not independent of the NHS, however the Ombudsman is.


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## 4maddogs (May 4, 2010)

It is also worth letting the Care Quality Commission know. They do not investigate complaints (unless your mum was detained under the mental health act and it does not sound like it), but they will use the information to inform judgements at the next inspection....or even will do an inspection if one is not due.

Hope she starts to improve. 

I agree that to sue the NHS is just using public money and any such action against any organisation NHS, private etc will take a very long time. 

Also remember that private hospitals do not have any emergency services.


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## bulawayolass (Jul 27, 2010)

Actually while this was all exploding she was being treated under a section it was how they got permission to do the electrical therapy. I will contact the cqc many thanks. 

Not pvt hospital l said pvt psychiatrist and a decent emi care home she has a 117 from the section which is ongoing but to put her in a decent home will require top up fees.


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## patp (Apr 30, 2007)

So sorry to hear of all the problems you and your mum are having. My uncle went through almost the same thing a couple of years ago. I'm not sure how my aunt solved it but I seem to remember her visiting the consultant privately, in person, to put my uncle's case.
It all ended with her taking my uncle home to nurse him in the community. He never walked again though but had a happy last couple of years otherwise.
Another way might be to go see your mum's GP to see if they have any clout. As your mother's primary carer they should be involved in some way??


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## Spacerunner (Mar 18, 2006)

When my OH worked as a theatre sister she knew many instances when the 'white and green wall of defence' went up.

Several years ago she herself became victim of NHS malpractice and had her femur broken during a knee replacement.
She was also infected with MRSA and had to argue with a practice nurse to get an examination. All the practice doctor could say that she was 'so sorry' as she was sent into hospital to most probably die.

When I made inquiries to get redress I was told it would cost me at least £3000 just to reach the investigative stage. The most compensation that was likely was a derisory £300.

I was also told that all surgical operations carry some risk and and complications were to be expected.


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## bulawayolass (Jul 27, 2010)

I am unable to nurse Mum at home for various reasons. 

Mum and my gp is a total ****** and waste of space dont get me going down that route only reason l havent changed is to much hassle he is totally useless. 
Consultant went nuts over his scripts for my dad when he was alive, as did l over a script he had my dad on then tried to justify it as correct..drug formulary waved under his nose shut him up. 
Could do a list a mile long on them.

Oh and l had to see him the other day for a simple script pill change, he can just about manage that, told him about mum and trying to find out number of # where and damage and getting nowhere got.."oh dear, not very nice for her" that is the extent of his help.
He then went straight onto complaining about the practice computer and they really needed a new one.

Local mp is involved as an l am looking over your shoulder from her to them. I realise cost to sue may well override which is why lawyers told me a lot will hinge on the nhs reply as to route to take.


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## Invicta (Feb 9, 2006)

Don't forget that both doctors and nurses (qualified nurses that is not health care assistants (HCAs) though for the life of me I cannot see why not) are registered with a regulatory body, the General Medical Council (GMC) for doctors and the Nurses and Midwives Council (NMC) for nurses. Both take referrals from members of the public where there are cases of malpractice.

The main problem with the NMC is the long time it takes to hear complaints about nurses (over 5 years I understand). Not sure about the position with the GMC.


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## DTPCHEMICALS (Jul 24, 2006)

I feel for you and your mum.
This all apears to start from a bang on her head.
Sometimes diagnosis can be difficult. Our situation is as follows.

A few weeks ago Granny started mumbling and getting mixed up with people and names. Local Gp dismissed this as Vascular Dementure considering her age.
Familly got a bit anxious when things got worse. By passed gp and 
called for an ambulance as she had" had a fall."
On examination and x ray we were told that she had liasions on the brain due to a fall. Nothing could be done about it.
Two weeks later a scan snowed that she had an aggresive brain tumour and has beeen given two months. Now she requires 24/7 attendance, is very confused but thankfully in no pain..

The question is, do we sue the GP for ineptitude or take it as the way things are. That as a result of the tumour granny will probably pass away without pain and in her sleep. Legal action will not prevent what has happened and will not make life easier for Granny. It will cause stress that non of is require .
A complaint has been made against the GP .

I sincerely wish the best for your mum.

Dave p


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## bulawayolass (Jul 27, 2010)

Sorry to hear that Dave yes it was a fall no ones fault the fault comes with over several months around 4 x rays missing multiple pelvis fractures and when found refusing to give any information out about them so no help physio wise can be given.

l know they screwed up the x rays without seeing them, Having been present when they found it impossible to x-ray dad and l was not able to get into their stupid heads change their KV and MAs all they would do was press the button for arm exposures l know the level of incompetence. No measuring area, no changing settings for age/bone density/depth faults showing on film for bad settings. l am convinced he had a fractured shoulder but was never proved then he passed and it was left. Mind you they still caused him to be termed a major incident at the same hospital on discharge after the fall incident due to by their own admission their incompetence.


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## DTPCHEMICALS (Jul 24, 2006)

Obvously we do not know all the facts, some must remain confidential if you are to take action against the nhs. But I am afraid that will change very little or nothing. I am sure insurance is taken for any wrong doings, or does it come from the public purse?
Due to legalities, the human rights act and a phsychiatrist the young man, my nephew, who killed my 20 years old son 8 years ago on Tuesday walks free.
If I were to take a personal legal action I am assured that any judge would throw the case out .
Sometimes we have to sit back and take the bitter pill. The grief and stresss is not worth any amount of money.
But I do hope that you have a sound case in regards to your mums case and that a satisfactory conclusion can be acheived. Nothing can put back the wrongs in life.
regards
dave p


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## elainekirk (Nov 6, 2011)

The person who pays for medical negligence is the victim and their family/friends/carers.
The financial burden of compensating the victim will be through the public purse and if this post had been in reference to a child I believe there would have been unanimous support for a claim.
We must never ever forget that our oldest members of society are from a generation that fought for this country and then rebuilt it so that today we are still a free people ( though those staunchly defended freedoms are being eroded on a daily basis) they should be treated with the utmost respect and if they are mistreated by those we pay to care then they must be compensated to allow them to or their family to purchase appropriate care .


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