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suing the nhs

(28 Posts)
tinabarcelona91 Fri 01-Apr-16 21:47:25

i went for a heart by pass and had an anaflexic shock to the anesthetic, they had to fight to bring me back the surgeon said he thought theyd lost me, i think that the nhs should test people to see if they have allergies to medication used in surgerys like this. i dont want to sue the hospital or doctors nurses as they were fantastic, i couldnt ask for better treatment and care, its the fact that nhs dont test for this problem, im now suffering depression, anxiety and flashbacks to what happend and rarely go out of the house anymore,

glasg0wmum Fri 01-Apr-16 23:35:56

What do you want to happen?

GiddyOnZackHunt Fri 01-Apr-16 23:47:03

Did you sign a consent form? I believe that mentions adverse reactions and therefore you agreed to take the risk. I suspect you'd get more response talking to your MP about the practicalities of testing everyone.

Hoplikeabunny Fri 01-Apr-16 23:54:26

I am sorry for what happened to you, and that you are suffering now as a result. However, I imagine that testing everyone for what is probably a rare side effect, is not viable from a cost perspective. There are other side effects from anaesthetic and it's not possible/practical/economically viable to test everyone for everything. I had an operation in Sept that didn't go quite to plan, and the consultant said that what happened to me, happens to about 1 in 30 people, so not exactly rare, but it's a risk of surgery. Were you given a leaflet with possible risks and a consent form before your operation?

AnchorDownDeepBreath Fri 01-Apr-16 23:55:04

Do you know for sure what caused the anaphylaxis? Presumably the anaesthetic?

You'll probably find that this is covered on the waiver that you sign, so legal action would be unlikely. I also believe that you can't sue the NHS as a whole and you'd need to sue the specific hospital.

Given those factors, a petition or time with your MP could be a better use of your time?

Also, have you been offered therapy for the flashbacks? PTSD isn't uncommon after anaphylaxis and treatment could really help.

I'm sorry for what you've gone through, it sounds horrendous. My sister suffered from regular anaphylaxis and was always traumatised afterwards.

Wolpertinger Fri 01-Apr-16 23:58:44

You can't sue the NHS as a whole, only individuals and Trusts. And you have to prove their treatment is negligent in some way.

Anaphylaxis is a known complication of taking practically any drug, especially anaesthetics so having anaphylaxis in itself isn't negligent unless they already knew you were allergic to the drugs they used.

Sadly testing everyone to see if they would be allergic wouldn't be realistic either - you can develop anaphylaxis at anytime so you might not be allergic at the time of testing but still have an anaphylactic reaction during the operation. Plus you would have exposed people to much more risk of anaphylaxis in the first place.

This is the reason this testing in advance isn't standard practice in any healthcare system, not just the NHS. I don't think you will get anywhere with a legal claim as although you have been through a terrible experience, there doesn't sound as if there has been negligence and the science doesn't support testing in advance.

Are you getting any help and support now for what has happened to you? It sounds as if you may be suffering from PTSD if you are having flashbacks. The whole things sounds incredibly distressing and I sincerely hope that you get the help you need to get your life back and enjoy your health after your bypass.

AnthonyBlanche Sat 02-Apr-16 00:04:50

It's a shame you're feeling so bad that you feel you can't leave the house OP, have you asked for some help with that?

As for suing the NHS, how about thanking them for saving your life instead? Presumably you'd either be very ill or dead without the by-pass, so perhaps focus on the fact that you're alive and in much better health. Focusing on negative things is terrible for your mental health.

tinabarcelona91 Sat 02-Apr-16 14:25:25

Thank you I will go and see him

tinabarcelona91 Sat 02-Apr-16 14:29:49

Yes I signed a consent form and the surgeon told me it was very rare for this to happen X thank you for replying

tinabarcelona91 Sat 02-Apr-16 14:36:16

Thank you to all who replied I am seeing a therapist next week so hopefully I can get better and as you say enjoy my life after my by pass. As I'm only 49 and have a daughter who lived abroad and I would love to see her X thanks all

carthorsespullcarts Sat 02-Apr-16 14:41:02

It's a horrible thing to happen to you but trying to take legal action is not the way to get over it.
I'd have a chat with your GP.

glasg0wmum Sat 02-Apr-16 17:39:53

Agree with Carthorse - suing isn't the way to get past this. I would suggest seeing if the hospital has a PALS service or Patient Liaison who can sit down with you and your notes and talk through exactly what happened, and why decisions were taken. It would also give you the chance to ask questions and hear what the doctors have to say.

Anaesthesia always carries a risk and these are always explained. I have had generals a couple of times and they do always ask about allergies. A very serious allergic reaction to anaesthetics is as rare as 1 in 10,000 so you were incredibly unlucky to have had it happen to you.

The issue here is the flashbacks, anxiety and the not wanting to leave the house, and you need to seek assistance from your GP to cope with your mental health. Suing isn't going to change any of that.

ItsLikeRainOnYourWeddingDay Sat 02-Apr-16 17:43:08

Your experience sounds horrible but legal wise here is nothing they did wrong. You would have signed a consent form and on it would have been a section about risks and adverse reactions. Please don't proceed with this as you will be financially out of pocket.

Definitely seek therapy or counselling for the stress and anxiety you have regarding this.

GraysAnalogy Sat 02-Apr-16 17:46:29

They couldn't have predicted this outcome so it's very unlikely you would be able to get any compensation I would have thought.

What happened is horrible but no-one is to blame. It would be impossible for us to test people for allergies to every single thing we use. Not only that but people would die waiting for the results because they'd be denied life saving medications and intervention.

expatinscotland Sat 02-Apr-16 17:51:54

You don't have a case. Please see your GP to get some help with your mental health.

tinabarcelona91 Sat 02-Apr-16 18:00:22

Thank you for your answers, I hope the therapist I'm seeing next week will help, I have the most resspect for all the doctors and nurses they were fantastic, so I will carry on with the therapy and focus on going to see my daughter in Spain xx

AnthonyBlanche Sat 02-Apr-16 18:11:58

Hope you get the help you need tina. I'm sure it will also help you greatly if you focus on the positive, especially things like now being able to travel to Spain.

babybarrister Sun 03-Apr-16 12:08:10

I am not so sure that you do not have a case - it might depend on whether you have had a history of allergic reactions.

I would recommend that (a) you contact the Anaphylaxis Campaign and (b) speak to a solicitor who does no win no fee - Bolt Burden are good

babybarrister Sun 03-Apr-16 12:09:05

PS there is a very active allergy board on MN - come over we are very friendly!

Wherediditland Sun 03-Apr-16 12:12:37

Bloody hell babybarrister how do you sleep at night?

QuiteLikely5 Sun 03-Apr-16 12:15:43

You were in the very best place if you went into anaphylactic shock, they were helping you, weren't negligent and saved your life!

Be thankful for that

A judge would never say they were negligent, if he did the whole nhs would have to carry out a pre test on everyone and even if they did and they proved to be allergic - then go into anaphylactic shock - the hospital would just save their life - same as with you

babybarrister Sun 03-Apr-16 18:18:39

I sleep very well thank you and I have reported your post

GraysAnalogy Sun 03-Apr-16 18:44:03

You reported a post for that? Get a grip

Shakey15000 Sun 03-Apr-16 18:47:40

Why wouldn't baby sleep well? confused

For suggesting that actually, there might be a valid case? What's wrong with that?

babybarrister Sun 03-Apr-16 20:19:56

I am just totally fed up with people having a go when I am 'doing my job' on these boards ie actually giving out legal advice rather than spouting opinions or inaccurate tosh.

Presumably any OP on here is in fact looking for legal advice or they would be on AIBU if they felt it was a moral dilemma ....
I also happen to know an awful lot about anaphylaxis - the hard way

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