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want to sue aN NHS hospital for negligence

(74 Posts)
alypaly Fri 03-Dec-10 00:15:10

can anyone advise me how to go about it.
i was in hospital 3 weeks ago and a nurse has administered an anti sickness injection in my buttock and hit my sciatic nerve. i have been in pain ever since and it is getting worse. she did not take enough care when assessing placement of the injetion. I really would like heads to roll as i didnt have any pain in my buttock prior to admission

WestVirginia Fri 03-Dec-10 08:41:15

You need to see a solicitor today.

Is there a reason you want to sue, rather than make a formal complaint? The nurse would be held to account if you make a complaint, sueing is more about wanting (not always getting) financial compensation.

WestVirginia Fri 03-Dec-10 10:55:25

Hospitals take a legal challenge more seriously than they take a complaint.

marlowwills Fri 03-Dec-10 11:21:18

Good luck with that.

A close friend of mine wasn't properly monitored in labour and her child was born with severe brain damage. He eventually died aged 8.

When she tried to sue the NHS, she failed to get legal aid even though there was clear evidence of negligence.

I agree that lodging a complaint may make a difference. Suing, even if you're successful, is likely to take years and cost thousands.

How long is your pain in the buttock likely to last? Has your GP given you any idea?

alypaly Fri 03-Dec-10 12:42:20

went back to the doctors today as the pain in the centre of my bottom is getting worse. My Gp says it can take months if the nerve has been bruised. So i would have thought it would get better rather than worse. I am worried that the drug i was given has actually damaged the sheath round the nerve as i believe this can cause progressive damage.

queenofwhatever i have already made a formal complaint trhough PALS as i would like this nurse to be brought to book. And she needs re training so that she doesnt do it to anyone else.

if she has damaged my nerve...yes i do want compensation because there was nothing wrong with my nerve before i went in.If i cant play my sport or get rid of this pain surely they should compensate me.I didnt ask to be nursed badly

eviscerateyourmemory Fri 03-Dec-10 12:48:32

If you do take legal action I think that the NHS complaints process will stop.

You will need a lawyer to sue. Do you have evidence that the injection was given in the wrong place ie pictures of the needle site or has your GP documented the position of it?

BelleDeChocChipCookieMonster Fri 03-Dec-10 12:48:56

I sued my mother's hospital because they sent her home with an infection, she was so confused that she fell and shattered her femur. She fell again in the hospital and fractured her skull. She was left severly dehydrated and had I not have meddled she'd probably be dead by now. This is negligence. She needs a hip replacement now because of the damage that she sustained when she fell. I sued because she's lost 12 months of her life because of this, she'll never see my son leave primary school and she'll never see his christmas play.
I don't think that you should sue for this to be blunt, any procedure has risks. Hitting a nerve is a risk, not negligence. I would check out accupuncture though.

eviscerateyourmemory Fri 03-Dec-10 12:52:26

Hitting a nerve could potentially be negligence depending on where the needle was positioned to do it.

BelleDeChocChipCookieMonster Fri 03-Dec-10 12:54:12

It would be very difficult to prove though.

eviscerateyourmemory Fri 03-Dec-10 12:56:57

Could be.

Im not a lawyer, but my understanding is that if the injury is the result of a recognised risk in a properly consented procedure then the OP wouldnt be successful in any event, as she would have to prove negligence.

BelleDeChocChipCookieMonster Fri 03-Dec-10 13:03:26

I'm a lawyer (have a degree), I also worked in the NHS for a number of years. It would be very difficult to prove negligence to be honest. There is a risk with every procedure, even an injection. A spinal anaesthetic for example has risks, it can hit the nerve controlling the bladder and cause urine retention. It's well documented. Medicine is a science and things don't always work out as expected. There's a difference between this and negligence though.

Seek legal advice if you want to take this further, just be aware that it's likey that you will be advised no to take this any further though.

eviscerateyourmemory Fri 03-Dec-10 13:46:26

There is a risk with every procedure, but the procedure must be done to a reasonable standard.
It is important that IM injections are correctly placed, and if, as the OP alleges, that was not done, then she is potentially in a different situation than if it was correctly placed.

The link below isnt specific to the UK, but shows that follwing sciatic injury some people have been successful in suing.

link

Strictly Fri 03-Dec-10 13:56:32

When DD was born 2 months ago the doctor accidentially caused a spinal tap... She didn't tell me or indeed anyone this and I spent 3 days in agony with the headaches before the midwife noticed and I had to have a operation to repair the damage....

Despite missing the first 3 days of my baby's life and the terrible pain and needing an operation I never ever considered suing. The thought of taking money from the NHS when they can't afford cancer drugs sickens me frankly.

I have made a complaint and I hope the doctor will be held to account, but to make money from it? That would be just plain wrong.

Strictly Fri 03-Dec-10 13:58:07

Ps when I had the operation they requested her notes and she had written at the time she knew she had caused a spinal tap, but still decided not to tell anyone... So my complaint is that, not the actual tap which is a recognized possibility.

alypaly Fri 03-Dec-10 14:05:22

belle it is negligent because the nurses are supposed to place the needle in the upper outer quadrant on you bum and she stuck it in the centre where the sciatic nerve is. so she did not do her job as trained.thats not a risk,that poor administration

BelleDeChocChipCookieMonster Fri 03-Dec-10 14:08:41

You don't actually accumplish anything by suing. My mum just wanted an appology. The money is no subsitiute for the year of hell that she, and all of us, have had.

alypaly Fri 03-Dec-10 14:18:58

Strictly........if it deteriorates and i cant stand up for long periods or walk for long periods....i wouldnt be able to work.so how would i support myself.They have injected me in the wrong area.They are guilty of malpractice. As i said earlier the nurse needs etraining so she doesnt do it to someone else but why should my quality of life suffer due to her carelessness

alypaly Fri 03-Dec-10 14:20:54

yeh belle i would love an apology from the nurse that did it. I know which one it was. She was offhand,rushed and had a really bad attitude.

i do alot of sport, badminton,tennis and skiing and it will hurt alot in a crouched position.
I am annoyed at the moment as i am in constant pain

alypaly Fri 03-Dec-10 14:22:15

i agree money is no substitue for a pain free existence but no job.....no income= no no existence. My job involves being stood up all day and that is hard at the moment and actually getting worse

BelleDeChocChipCookieMonster Fri 03-Dec-10 14:23:10

Your best bet is to report her to the Nursing and Midwifery council, they regulate nurses and will investigate her. They have the power to have any poor nurses struck off the register.

WestVirginia Fri 03-Dec-10 14:25:17

Many Public Services and Public Servants do not understand the concept of apologising when they make mistakes.

BelleDeChocChipCookieMonster Fri 03-Dec-10 14:26:36

The thing with compensation is that they won't give you enough to cover your lost wages as this is what benefits are designed to do. If you wish to make a claim then look for a reputible no win no fee firm as IIRC, the government were axing legal aid for personal injury claims.

It has only been 3 weeks. Have they done any nerve studies? MRI?

alypaly Fri 03-Dec-10 14:37:31

no not yet...my gp has put it on my records to have nerve conduction studies and then an MRI scan. He has just given me co-codamol 30/500 to add into the diclofenac.

i know its only 3 weeks but it is worrying when things are getting worse rather than better. i was told that the scar tissue at the injection site can increase and if it is right on the nerve it can get worse. I am really worried and annoyed.

thanks for all your comments....all are helpful

WestVirginia Fri 03-Dec-10 14:38:52

See a solicitor as soon as possible.

BelleDeChocChipCookieMonster Fri 03-Dec-10 14:40:30

I hame MS so my nerves are knackered. I did notice that accupuncture did help alot though.

alypaly Fri 03-Dec-10 14:44:48

a friend of mine works for pannoni(sp) so i am having a chat tonight.

now that the needle site has gone its difficult to point the finger and as i had about 20 injections in my bum, on alternate sides its going to be hard. the only thing i do know for definite it was the last injection i had so i guess the name of the nurse will be on my notes. But its proving it.

I know its all very daunting and difficult. a friend of mine spent £16k trying to sue her GP for misdiagnosing bowel cancer and telling her she was neurotic and giving her valium. She had to give up after runing out of money so i know what im up against. Im just sad, annoyed, frustrated that some nurses standards are poor. The other 19 injections were fine. wish id never had that last one....but hindsight is a wondeful thing

alypaly Fri 03-Dec-10 14:45:58

thanks belle...will bear that in mind once ive given this a reasonable amount of time to heal.

BelleDeChocChipCookieMonster Fri 03-Dec-10 14:49:38

I had a divergent squint for 2 weeks. Woke up the day after the first session and both eyes were facing forwards. Bizarre but I was relieved.

alypaly Fri 03-Dec-10 14:50:37

i guess what has scared me as well is that i have been asked to go back for an angiogram as they found something wrong when i did a treadmill test. now i am getting worried about having more needles and cameras up my groin in case something else goes wrong. Fear is putting me off having it done.sad

mosschops30 Fri 03-Dec-10 15:05:18

aly I am currently suing the NHS for medical negligence and I can tell you its not an easy process!
I am using a recommended solicitor on a mo win no fee basis.
If this is what you want to do then they will only take the case if they think they have a good chance of winning.
Im not sure if you do or not, but I have to jump through hoops for mine so far and its still ongoing 12 months later.

If all you want is this nurse to get better training and to realise her mistake can I recommend that you speak to her manager and then if youre not happy with that the NMC who have to investigate her pratice.
If you want financial compensation then you need to find a solicitor but in all honesty Im not sure you have much of a case.

HTH if I can answer anything else about the legal process I will try

alypaly Fri 03-Dec-10 15:30:26

thanks mosschops.what happened with you if you dont mind me asking. I have been wondering if i havea case because i cant prove where the injection site is unless an MRI scan can show it up. thing is, i didnt go in with sciatic pain and now i have. I do have a photo of my bumsmile and it does show a mark where the injection site is,but i guess they could say i had bruised my bum. I know what you mean about it being difficult.

if i made a big mistake in my job,i would be sacked and probably sued in this letigious society.

alypaly regardless of what you decide to do, you must have the angio asap. It sounds like you are walking around with cardiac disease and that is way more risky than sciatica. Please make sure you go, you may need stenting or something and having a heart attack could be much, much worse.

I have had sciatica and it is exceptionally painful. I too would recommend acupuncture.

alypaly Fri 03-Dec-10 22:22:35

queen im really worried about this angiogram. I have always played alot of sport,never smoked,hardly drink and then i found i was struggling to walk uphill when we went out for a walk at the caravan. Im ok when the going is flat but as soon as it has a small incline i am struggling. Yet i dont stuggle playing county level badminton. Im really scared of going back to the hospital even tho its one of the top in the country for cardiology.

BelleDeChocChipCookieMonster Fri 03-Dec-10 22:27:38

I can understand why you are frightened. This experience wasn't the best thing to have but they have said that you need the angiogram and the NHS don't do anything unless it's necessary. I have spent time working in angiography, they are not nurses, these are experienced, qualified doctors. No nurse will come near you with a needle. You have to put your trust in them because what other options do you have?

agedknees Sat 04-Dec-10 15:22:50

I fell and fractured 2 bones in my back. Had an x-ray, but the doctor misread the x-ray and sent me home saying no bones broken.

6 weeks later at an outpatient appointment (for a totally different condition) the doctor noticed my x-ray report. No one had thought to contact me and let me know I was walking/working with 2 fractures (L3 and L5).

So instead of resting I had gone into work lifting patients etc (work as a nurse in the NHS).

At the end of the day though, the doctor did not intentionally mean to misdiagnose me so I did not complain.

Think in the OP's case the nurse who administered the injection needs to be retrained. Do not know if she should sue the NHS. I suppose it depends if there is long lasting damage.

mosschops30 Sat 04-Dec-10 16:22:42

belle the fact that a doctor is doing something rather than a nurse is not necessarily reassuring, there are plenty of doctors I wouldnt let near my dog never mind another human!

alypaly I had an EMCS, and a week later had a complete wound dehiscence (opening of wound) and was left holding my insides in the bathroom. I had to have further sugery, got MRSA, diagnosed with PTSD, and ongoing health problems.

Its been a hard slog to sue, had to have independent reports from a professor of obs/ynae, followed by pictures of scar, followed by independent report from psychiatrist. Its still ongoing and its been almost a year now.
There is lots that just doesnt come under the claim because it cannot be proved, like the MRSA and ongoing health problems cannot be directly attributed to what happened, I mean everyone knows they are, but its impossible to prove. Whereas the PTSD and the actual wound dehiscence can be proved.

Which is why I think it would be difficult for you to pursue this.
Also I think the best route would be to speak to the nurse manager, and then if you are not satisfied then the NMC who will investigate the nurses professional conduct

LadyInaManger Sat 04-Dec-10 17:00:04

Hi alypaly - i don't have any advice for you i'm afraid but just wanted to say how sorry i am to hear about what has happened and hope you get some good advice from the right people in pursuing this.

Inspite of all this stress, you were kind enough to offer sound advice to me regarding my ailment at the moment and i thank you again and hope you get the result you want and deserve.

wannaBe Sat 04-Dec-10 17:33:50

the thing is op that you are currently basing your case on what-if. i.e. that the gp has said that it could get worse, and that if it does you won't be able to work, yet at the moment you are working and while in discomfort you are living your life and are not financially out of pocket.

There's no way you will win a case based on what might happen in the future, because equally there's a chance that it won't.

What you have t consider is what is most important - that this nurse be retrained or that you be financially compensated. Because if you pursue a negligence suit you will have to stop the formal complaint process, and therefore if you lose the negligence case no action will be brought against the nurse and you will therefore have achieved nothing.

There are posters on mn who have been pursuing negligence claims against hospitals where their children have become severely disabled as result of botched childbirth, and they have been doing this for years in some cases.

Do you really want to go through years of course and signifficant financial outlay for what could essentially just be a couple of months of a pain in the arse?

alypaly Sat 04-Dec-10 20:13:22

thanks ladyinamangersmile
had alot of pain today...it seems to be worsening by the day.

wannabe...im just hoping it will be a couple of months. but dont feel very hopeful at the moment as it seems to be getting worse daily. surely it should be getting better.
Gp did mention scarring increasing at injection site which i am hoping is not the case

alypaly Mon 06-Dec-10 18:24:46

PALS has told me today that cyclizine injection should be given diluted with saline. and guess what mine wasnt diluted.

now using a tens machine anywhere on my torso just to distract me fromm the pain. turned it up so that it hurts more than the injection site. near to tears today.sadangry

PALS are getting the reports together to send to nursing manager,hospital superintendent,to matrons and their legal department. i have a feeling they know they have goofed.

LadyInaManger Mon 06-Dec-10 18:29:38

OMG i can't believe they have admitted this, well it def seems you have a case - well done for finding that out so swiftly and poor you for having to deal with so much pain (which could so easily have been avoided). That nurse so needs retraining!

Hope the reports go smoothly and that your pain eases quickly, and all the best.

alypaly Mon 06-Dec-10 22:40:54

cant believe how helpful PALS have been. stuffed full of codeine and anti inflammatories tonight. making me feel a tad sickly....but with the tens aswell i am a bit more comfortable.

wonka Mon 06-Dec-10 23:28:55

Its been a while since I nursed adults but I'm pretty sure I.m. cyclizine comes in ready to inject vials and don't need to be mixed with anythingx 50mg three times a day.
I know it is a nasty stingy injection even on best administration.
1 need to hunt out my old BNF
Hope you are feeling better soon

alypaly Mon 06-Dec-10 23:29:42

thanks wonka

Lougle Tue 07-Dec-10 00:15:58

Cyclizine

You don't use saline to dilute because it can cause crystallisation. You don't dilute IM cyclizine, because generally speaking you want to inject the least amount of liquid possible.

If you wanted to dilute a drug that is very irritant, you would use an IV line, and if it was highly irritant you would put a long-line catheter in or a central venous catheter, so that the drug was going higher up into larger blood vessels.

I really don't think that suing is going to have the effect you hope for. I do think that you are scared, and would benefit from a debrief and consultation from a hospital consultant as to what investigations and treatment you should receive for optimised recovery.

Sorry that you are going through this.

mosschops30 Tue 07-Dec-10 12:11:33

alypa;y you have been misinformed and you are confusing the two matters.

You say you want to sue because the nurse injected into wrong place. This would need to be be proved by you and your legal team.

2nd issue is that you believe the nurse did not draw up the drug correctly.
I can tell you that Cyclizine as an IV bolus should be diluetd with water. Cyclizine as an IV or Sub Cut infusion can be diluted with water or normal slaine depending on local protocol.
IM cyclizine (yours) comes ready diluted so nurse did not need to do anything with vial other than draw it up.

Even if she had drawn it up incorrectly (which it appears she did not) you would have to prove any lasting effects on yourself (mental or physical) and any losses from the drug being drawn up incorrectly.

Im not trying to be difficult but am just pointing out the facts to you, as they would be by a legal team who go through every little piece of evidence.

You either a) sue because she injected into wrong place
or b) because she administered the drug incorrectly (which it would appear she didnt)

HTH

mosschops30 Tue 07-Dec-10 12:14:14

sorry meant saline
also my drug administration book states that cyclizine more stable in water that saline so in practice if giving it, I would use water. It also states that infusion of cyclizine is unlicensed at present
However this doesnt apply to you as yours was an IM injection.

alypaly Tue 07-Dec-10 15:31:09

it was the Pals person that told me that mosschops. i had no ida that it was their hospital policy to dilute it until she spoke to me.

all i want is an investigation into why i was injected in the wrong place as i was unaware of the dilution aspect.
i want some answers ,some treatment and hopefully reassurance that it will heal without lasting damage. if it does cause me constant pain or increasing pain ,then that is another issue.

thanks everyone for your input..... Pals are getting back to me so will let you know what happens.

Lougle Tue 07-Dec-10 17:29:27

"all i want is an investigation into why i was injected in the wrong place as i was unaware of the dilution aspect.
i want some answers ,some treatment and hopefully reassurance that it will heal without lasting damage. if it does cause me constant pain or increasing pain ,then that is another issue."

Then suing won't achieve that. You need to follow the complaints procedure. Ultimately, if a nurse made a mistake that was not in itself grossly negligent, then the Trust would take vicarious responsibility anyway.

alypaly Tue 07-Dec-10 19:16:40

if i made a mistake in my job for which i have been trained i would be found negligent. she has been trained to give injections in the correct place...therefore to my mind it is negligent...no a mistake.

if i poisoned someone at work by giving the wrong tablets it wouldnt be classed as a mistake,it would be classed as negligent.

sorry to disagree.

cuttleshocks Tue 07-Dec-10 19:27:18

sorry you are in pain alypaly...keeping my place as i am in a similar situation

unfitmother Tue 07-Dec-10 19:43:32

You will not achieve your stated objectives by suing, you will by making a formal complaint.
You are extremely unlikely to be able to prove negligence

I don't understand how you think you can demonstrate this injection has injured you when you received 17 other injections in that area?

unfitmother Tue 07-Dec-10 20:01:59

Suing them really will be a pain in the arse!

Lougle Tue 07-Dec-10 20:24:22

"if i poisoned someone at work by giving the wrong tablets it wouldnt be classed as a mistake,it would be classed as negligent."

Only if you took negligent action in doing so. If you genuinely thought you had picked up tablet a, checked the prescription, and checked the drug, then something caused you to turn your head away and in doing so you picked up tablet b, it would be a mistake.

I am a nurse. I once did a 48 hour on-call, which was standard at the time. I was the last to do it, because the department had decided that due to increased workload, 48 hours was far too long for on-call. We were getting called in more than off.

I had been on duty on the Friday from 1pm-9pm. I was then on call from 9pm Friday to 9pm Sunday.

It was an unusually busy weekend for emergencies. We worked from Friday 9pm (when our shift officially finished) solidly through the night until Saturday 7am. By this point I had worked for 17 hours on the trot.

I got home from work at 7.30am and got into bed. At 9.45am I got a phonecall to say 'come in, we have emergencies'. I was the only one who had been on call the previous night, all the others were starting their on-call that morning (they had transferred over already to the new system, and we hadn't due to staffing issues).

By the time the third emergency case was out of theatre I was pooped. Seriously sleep deprived, and the list was still going.

A patient was prescribed Codeine Phosphate. Standard dose is 60mg IM. Everyone gets 60mg IM, they just do. Except this particular person. They were older and small-framed, so the anaesthetist had decided to prescribe 30mg initially and go from there.

The trouble is (and this is no defence, but merely an explanation), that when you are sleep deprived, your brain tells you what to read. It tells you what it is expecting to see. I 'saw' "Codeine Phosphate 60mg IM." I drew it up, didn't have a 2nd nurse to check with (luxury) and protocol says one nurse can give an IM.

As soon as I had depressed the plunger, I started my safety 'double check' that I always do before disposing of equipment. But in that split second, my brain came together, and I thought '30...30! I gave 60!!!'. You can't get it back out once it's in.

I went straight to the anaesthetist, told him what I had done, apologised and said 'you will need to fill in an adverse event form with me'. The very kind anaesthetist said 'no, thank you for reminding me that I needed to give a loading dose, anyway. 60mg will be fine.'

Now, obviously, I was extremely fortunate that the dose I gave was the 'standard' dose and a safe dose and the right drug in the right method. If I had given the wrong drug, an excessive dose or the wrong route of administration, I would have had to complete the adverse event report, and see it through.

However, regardless, what I did was a mistake and my employer would have taken responsibility because I was completing my duties. It was the system at fault, and the department knew that, so was changing it.

I still felt bad, and feel bad, but mistakes do happen. What I did as a result, though, was to phone the next on-call and say 'is there any way you can start early, I feel too tired to practice'. It was a warning that I heeded.

I'm not saying you aren't suffering. I'm not saying you don't need answers. I am saying that you don't need to sue, and that suing will not get you what you want. What you need is appropriate investigation and appropriate treatment, and an acknowlegement that this is not supposed to happen (but it does).

cuttleshocks Tue 07-Dec-10 22:08:40

i have foot drop caused by a bad injection so thats why im interested

wonka Tue 07-Dec-10 23:16:27

Just a quick question how do you know it was not a cummulitive effect from having so many injections in the same area?
I hope you get sorted and feel some sort of resolve whatever course of action you decide to take.

Mayslane Wed 08-Dec-10 15:33:44

I stumbled across this website, whilst looking for sites re clinical negligence, etc. There seems to be quite a lot of controversy re the injection site and my guess is that some of the comments are by those that are in the 'know'? I don't know if this nurse is qualified or not, or whether she is a Health Care Assistant? As far as I can make out there seems to be little or no training for Health Care Assitants - they learn on the wards as they go along. What I can tell you is, quite categorically, that an injection is always given in the 'upper outer quadrant of the buttock' to avoid the sciatic nerve. That is FACT. I did my nurse training in the mid 70's ..... it's not something you ever forget. I really would urge you to take this complaint forward - the nurse does not know what she/he is doing! Good luck with whatever you decide to do and I hope the pain will soon lessen for you. Kind Regards. Mayslane.

alypaly Wed 08-Dec-10 18:20:26

thankyou mayslane. it was a staff nurse that gave it to me. today has been a bad one...centre of my bum feels like a painful dental injection and is tremoring all the time as if the nerve is being interfered with. just waiting to hear from the hospital as i have been told they have to reply in writing in 25 days from complaint. I have been trying to do some jobs around the house today and it is interfering with everthingsad

Lougle Wed 08-Dec-10 19:17:54

Mayslane Health Care Assistants aren't allowed to give injections hmm

alypaly Thu 09-Dec-10 00:05:16

it definitely wasnt a health care assistant, she was only allowed to take my venflon out under supervision.

lal123 Fri 10-Dec-10 11:13:05

I'd advise to wait til the outcome of the complaint, if you're not happy with the reponse take it to the Health Ombudsman - depending on their findings you might be in a better position to sue.

Jaybird37 Sat 18-Dec-10 22:38:36

You need to see a specialist solicitor. AvMA - Action against medical accidents - is a charity who will advise you and refer you to a local solicitor from their panel. They vet all their solicitors. Do not go to a PI solicitor - clinical negligence is a specialty on its own.

In the meantime, getting the pain sorted should be your first priority. Ask your GP for a referral to a pain clinic.

lilbutproud Sat 21-May-11 02:50:38

I went into my a+e first time a week after an incident (as the pain was getting worse) a+e xrayed my wrist then told me everything was fine, 3 weeks later get called back in, turns out it was broken (and you could see very clearly on the xray), had a second xray to see how it was, hadnt healed fully so got put in a splint for 2 weeks fully and had to reduce use after, if it was still painful i had to go back in... it was still painful, got sent to book an mri, 3 days later i ended up back in a+e after a door slammed on my wrist (sounds silly but it wasnt on purpose) they then wernt sure whether id rebroken the wrist, or whether id broken my thumb... i now have a weak thumb from wearing a thumb splint for 2 weeks while waiting to find out if it was broken or not... turns out thumb wasnt broken but i had ligament damage as well (torn) and a twisted bone and crushed carpel tunnel, at my mri i had an arthragram, this is supposed to be a local anasthetic and a needle fed down the side of the bone to put dye in... it took 10 needles in the end as they kept hitting a nerve and they still couldnt get it in the right place even with a second doctor... i then had the mri and the damage was shown... i then had to wait till i was 18 for an operation, i had been wearing a splint for 5 months by the time i had my op... and had to wear for another month and a half, while staying at the hospital on my second morning being there they made a mix up with me and the patient in the bed next to me who had a dose of painkillers at 6 am, i woke up about 7:30 in pain and was refused painkillers as they wrote in my documents that id had them at 6 and the person in the bed next to me hadnt. spent minimum half an hour in pain waiting for them to work out what happened. over a year on i am still in quite a bit of pain dont know whether id be in a better position had they have found the problem straight away with definately the broken bit being so obvious... not sure what to do... need some advice? thanks

Celibin Sat 21-May-11 08:52:53

I think you need to be much clearer in what you want out of this: getting the nurse reprimanded/retrained etc via Complaints or suiing for a loss?If you do the later the Trust will automatically investigate anyway .Medical evidence from another doctor or hospital backing you may help.We got this when a baby lost a kidney due to neglect at birth.Transferrd to another hospital who agreed with us first hospital negligent. The lawyer told us you must have a loss which the 2nd hospital discovered we had If you show you have lost carear and did so solely due to hospital neg i.e the original illness you had did not lead to this then you have a loss I think for med neg you have yo show some fuuny thing such as "no oher person would have done his had hey been a nurse in his procedure" so nurse did somehing oulandish. It really is difficult but wothwhile 30 min appointment with sols

sneezecakesmum Sat 21-May-11 23:15:21

As a nurse I can say for sure if you were injected into your sciatic nerve (I don't doubt it from your description of the pain) the nurse in question was negligent. Cyclazine is given undiluted intramuscularly and only diluted intravenously.

My hospital decided that im injections into the buttock were too high risk so whenever possible the upper part of the thigh is used - more painful but safer. If the buttock is used it is only the upper outer quadrant used - I used to go for the love handles - v. safe!

In law a nurse is expected to give a high standard of care in keeping with her training. For negligence to be proved (a) the person is qualified to give the treatment (b) the treatment was given incorrectly and (c) harm has ensued.
Your case fits the negligence criteria without a doubt.

You need to contact a solicitor who deals with medical negligence on a no win no fee basis and he will get access to records, expert witnesses, medical records of your difficulties etc etc.

I entirely sympathise with Lougle as we have all made mistakes or had near misses, but have been lucky no harm has been done and most importantly learnt from those mistakes and become better nurses for it.

Collaborate Sun 22-May-11 06:25:20

Lilbutproud: I suggest you repost in a new thread. Creates alot of confusion and irritation: eg I just read nearly 3 pages of post only to find you're post has nothing to do with any if the rest.

tiggersreturn Mon 23-May-11 15:28:47

Interesting thread. I was re-reading Jed Mercurio's Bodies this weekend and sincerely hope that hospitals have moved on since the late 80s (culture of failing to report any mistakes, ostracising "whistleblowers", all reporting stopped on grounds of rank and seniority because consultants can never be wrong).

Just one misconception I'd like to correct.

"if i poisoned someone at work by giving the wrong tablets it wouldnt be classed as a mistake,it would be classed as negligent.Only if you took negligent action in doing so. "

Contrary to what Lougle said this would be negligence legally.

Anyone who has a duty of care (by being a nurse or doctor) and breaches it by doing some act which is not correct practice e.g. giving the wrong pill and this causes damage with no intervening act e.g. someone coming along and doing some other act which means you're not sure which act caused the damage - gives the patient a right to sue under the tort of negligence.

It is irrelevant that it was a mistake. Negligence actions usually arise from an individual's mistake or systemic malfunction.

Often negligence actions are a way of examining what went wrong. Was the person involved expected to work unreasonable hours and therefore more prone to mistakes? Did the system not have sufficient safeguards to ensure that right patient was matched with right medicine? Was the person doing the task not experienced enough and therefore not appropriate for the task? Were there not enough people around to assist leading to overburdening on one individual? Or was it just simple human error?

As you can see all these factors can contribute to make human error more likely. At the end of the day no one is perfect all the time but in a profession with a duty of care where the consequences of screwing up are high (include accountants, lawyers - particularly family ones, trustees, surveyors responsible for a building standing up on the basis of their calculations) a mistake which breaches your duty of care has correspondingly high consequences.

I don't know if suing is the best way to resolve this and there's a strong argument for allowing people to learn from their mistakes. However, sweeping these things under the carpet hardly resolves the issue at all.

ScousyFogarty Mon 23-May-11 15:33:47

The NHS protect their own backs like ferrets on uppers. Cases can take years. But if you are determined take legal advice.

madeit Sat 13-Apr-13 20:37:36

i am suing the NHS on a very serious matter. I have obtained the services of an excellent law firm. I am fairly uninterested in the financial side of things. I am interested in justice. If I had the choice of £1,000,000 and justice I would without question go for the later. I appreciate that I may not see justice through the courts. But psychologcially in my situation I need to address the issue. Further my aim is to have protocol changed so that no woman has to endure what I have been through. Another aspect of the process which is very, very hard is sitting in a meeting with the Trust and it's representatives and having absolutely no doubt that consultants etc look me in the eye and lie. I appreciate that all people;s circumstances and motives are different. Clearly for obvious reasons I am not able to go into specifics of my situation. Taking legal action has empowered me and I hope might in the long term bring changes.

sneezecakesmum Sun 14-Apr-13 10:37:04

Sorry not to read all of the thread. But as a nurse it is negligent to hit the sciatic nerve. The training specifically teaches how to avoid this. In fact we were taught not to inject into the bum, even though it is less painful, but in the upper part of the thigh where the nerve doesn't run.

MOSagain Sun 14-Apr-13 14:53:19

ummm, really old thread!

Jessd123 Mon 30-Jun-14 09:39:27

I have to disagree with those that say 'it is discusting to sue NHS'.... That is what I thought at first. But think of this do you think they care and properly deal with your complaints? When I was pregnant an I was having serious pain in my stomache I called nhs111 who advised me to call and ambulance and go to hospital and when I got there the nurse shouted at me saying 'why did you call an ambulance do you know we are wasting money for you to get and ambulance!' Meantime I was in serious pain and worried that something was wrong with my baby so sage had no right to put stress in my baby. Anyway I made a complaint to yh hospital and guess what?! Nothing happened to her all that they said was she apologised!? Really? For 1- bet she never meant it she only said it to her bosses and for 2- she didn't apologise to me the patient that she mis treated.
Anything could have been seriously wrong and instead of doin her job she decided to be judge! That experience scarred me and made me afraid to seek medical help because of the way she put that judgmental mistreating behaviour upon me....
Also I have another experience when I was in labour I called and called the hospital who refused to admit me in because my contractions were not regulating 3 mins apart and guess what they didn't believe I was in labour so my waters broke at home and I started pushing straight away I couldn't stop my baby's head was coming out in the car her head was stuck she could have been in stress or anything because they decide to think that everyone's contractions have to regulate. Luckily baby was ok.
Next thing the day my baby was born I fed her and she wa struggling to breath (t the time I didn't know but now I know she has a milk allergy) I was so scare I called the nurse and all she said was she is fine even though my baby was clearly struggling (thy should have properly done checks but they didn't) the next few weeks my baby came up in rashes she was screaming she was constantly being sick you name it I was really worried so I took her to a and e 3-4 time in three weeks begging for an allergy test because I myself researched even though breastfeeding my dairy intake can still pass through to her.) anyway they all refused to do an allergy test they gave her medicine for acid reflux and another medicine which made her 100% worse (I did not want to give it to her but was told I had o or social would get involved) anyway that made he worse her rash didn't go she was still constantly sick so I took her back and they told me nothing was wrong it was a virus and she was crying cease she wanted her nappy change and I did not know anything it is my first baby and they are qualified so they know more them me" I begged for an allergy test and they refused. Then for eight months I took my daughter back and forth to the go who still didn't do anything. They finally referred me to a allergen doctor 8month suffering later and I found out that they should have referred me to a dietician etc from the beginning! I also have low vit d (I knew there was something wrong with my bones) they refused to do anything for months and wen they did finally do the test it came back as I have really low vit d levels.... If they listened from the beginning none of this would have happened and my daughter has been through so much suffering because of this I actually thought for months it was all my fault and I could have done something to help her I blamed myself just like they blamed me (for being young and her being my first baby) I have cried day in day out because or ha to see my little innocent baby in pain day in day out? That is the worst thing another could have to see is their child suffer and them not be able to help her. So making a complaint will not do anything all it will do is sen you a letter but that won't stop them from mistreating someone else and putting more damage upon patients! Also we are the ones who pay for nhs via our taxes which some of us get taxed 42% for ex earn 1million you get taxed 400 thousand so they can afford t the question is do they want to? So next time you want to be to kind think again an think what could happen if they don't get sued? They will mistreat mor patients and they can damage people's health even further! I am suing them not for the money but because that is the only way they might learn their lesson am think twice next time they send patients away without properly caring for them....

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