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Should i sue the NHS

(8 Posts)
jazy1979 Wed 03-Aug-11 18:07:44

I am debating whether to look into a negligence claim against the NHS.
I do not know if there is grounds to sue or if i want to sue for that matter because they saved his life and i am ever grateful, it is just that a few incidents have happened where doctors have ignored my pleas. If they have done this to me on at least two occasions how often is this happening else where.
Issue 1
My son acquired a brain injury from meningitis at 5 weeks old. (short story)
My son was transferred from PICU onto a ward as we where informed he was getting better and two of the 3 antibiotics where withdrawn.
48 hours later my son had deteriorated and had multiple frequent seizures over a 40 minute period (Issue 2 as to why his seizure lasted so long).
Ct scans confirmed extensive brain damage we where prepared for theater as the pressure in his head was too high, however doctors from another hospital told my hospital to wait and see. over the next 10 days my sons brain continued to die in front of our eyes with no intervention. Blood tests where ordered and his platelet levels had tripled and his white blood cell count had risen (could they not have done these tests sooner which would have made them aware that in fact my son was not getting better he was getting worse.
Issue two
The seizure issue my son started making one sided arm and leg movements which seemed odd (didn't no anything about seizures at the time and that they can just affect one side of the body).
I ran to get the doctor but when he came into the room the body movements had stopped this happened at least 5 times over a 20 minute period each time i called the doctor in each time he said it was properly him twitching. the doctors never once checked him over just thought i was been a over protective mother in the end i told the doc you are not leaving this room till you see what i see and then he seen the body movements and my son was rushed to HDU given medication which took 20 mins to stablise my son and stop the seizure CT scans confirmed extensive brain damage.
Issue 3
2 years later me and my partner got up to our boy acting odd stiff as a board his eyes had elevated to the left he looked through us and did not respond to us we rushed to the local injury hospital 1 minute away from where we live and the nurse sent us away and told us she couldn't look at him and we had to go to the major hospital which was 20 mins away from we rushed out knowing there was something wrong (he had not had a seizure since hospital at 5 weeks old) we placed him back into the car then he started having the seizure we raced back into the hospital who then treated him this seizure was a status epilepticus and lasted 55 mins

A1980 Wed 03-Aug-11 23:16:48

It's impossible to know on the information you've given.

I'm sure what allegations you are making. What do you think they did, in a nutshell that was negligent?

he already had a brain injury that seemingly was no ones fault, is it the case that you think your DS has deteriorated?

How long ago was this? It seems to be several years ago.

I would say start with a complaint but I think you're out of time.

I would look on the internet for a specialist clin neg firm and give them a call. You'll get further than just asking here.

A1980 Wed 03-Aug-11 23:17:08

Sorry: I'm not sure what allegations you're making

VivaLeBeaver Wed 03-Aug-11 23:24:09

I normally hate to see people suing the nhs but in your case would say that you should definitely find a good solicitor and try. I take it your ds will need care for the rest of his life. I don't think you have left it too long, I think with paediatric issues you have 21 years in which to take legal action.

It's possible that even if the hospital had acted differently then the outcome would have been the same. It's possible that they followed the best research based advice on what to do and in this case it didn't work. They will have to try and argue this if they wish to. It's possible they fucked up big time.

jazy1979 Thu 04-Aug-11 09:37:30

hi thanks for your answers
I think that if they had of monitored closer they could have picked up that my son was in fact deteriorating and not getting better and maybe they could have put back on the antibiotics sooner then they did (they could have done blood tests sooner than 48 hours considering the circumstances i want this to be a comon procedure for all future cases that all children are blood tested daily in the first week of recovery after meningitis) they tested him daily on PICU why can they not carry this on for a week.
I think that maybe they should have intervened with the swelling (i no there are risks associated with intervention)
He had a brain scan on the first day admitted and there was no damage then on day 5 the damage was done.
This all happened 5 years ago and i have wrote to the hospital asking them to re-look at the procedures they have in place and if there is any way to improve this and to spot deterioration quicker. It took 2 days to spot my sons even tho he was having signs all was not well, (he kept having apneas but they put it down to coming off the ventilator not that his head was swelling. His eyes had elevated to the left this was over looked all these little signs are signs that not all is well.
My son is 5 we are one of the lucky ones our boy can walk talk but his learning age is approx at 2 years. It is really hard and we are trying our best and are getting help from professionals

cestlavielife Thu 04-Aug-11 14:48:43

you would need to speak to a specialist solicitor eg
www.hospitalnegligence.co.uk/nhs_complaints.html

A1980 Sun 07-Aug-11 17:44:45

Please ignore that awful website posted by cestlavielife. (sorry cestlavielife)

They are not specialist solicitors, they look like a claims management company and god knows where they would send you if you contacted them. They look very amateur.

The following Solicitors are a few specialists in clin neg:

Russell Jones & Walker
Irwin Mitchell
Leigh Day & co
Partlett Kent
Alexander Harris
Russell-Cooke

Contact one of them: i'd say the top three are probably the best.

You can find their details via google.

beck79 Wed 10-Aug-11 10:13:51

Hi Jazy1979,
I have a leaflet for the Child Brain Injury Trust Leicester, Leicestershire and Rutland family support group. I'm not sure if I can attach it to this thread but let me know if you'd like a copy of the leaflet. They are a family support group in Leicestershire and Rutland but as there aren't many such support groups around they also cover Nottingham, Derby, Northamptonshire as well as Leicestershire and Rutland.
The leaflet says "FOR IMMEDIATE HELP FROM PEOPLE WHO HAVE BEEN THERE AND DONE THAT AND KNOW YOUR PROBLEMS" It also says "There is no time limit on the support that we offer. It is about being available to families as and when they need us." Perhaps this group is something that might be able to help you find the answers to your questions?
There is a contact number on there, so let me know if you want all the rest of the info.
All the very best.

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