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Has anyone sued the NHS?

(55 Posts)
duckduckmouse Tue 17-Oct-17 22:47:14

If so,

How long did the process take from collecting medical records (solicitors have requested these)

Did you have to go to court

How much were you awarded and what was it for?

duckduckmouse Wed 18-Oct-17 19:37:03

Anyone gringrin

McTufty Wed 18-Oct-17 19:39:23

I haven’t sued anyone but I’m a lawyer and have done some clinical negligence cases. Is that the kind of case you mean?

Trailedanderror Wed 18-Oct-17 19:40:36

I haven't and tbh, the one person I know who did, I think unless of. Love of the NHS is the nearest thing we have to acceptable patriotism in this country. And here's not a separate pay out pot- any money awarded comes out of 'family funds'- from all of us.

duckduckmouse Wed 18-Oct-17 19:43:50

I've been subject to serious negligence, I have a solicitor and I'm on a med neg coditional agreement. I need to recoup costs and also for future care.
I have nerve damage which was not supposed to happen and I have been left with ptsd and chronic pain (neuropathic) it's not about whether or not I love the NHS or want to drain it it's about justice, so I'm wondering how long if anyone has done it it takes from recovering my medical files @McTufty can you tell me typically how long it takes please I would be so grateful.
They requested my notes last week
Thank you so much

CoveredInFondant Wed 18-Oct-17 19:48:09

My mother did. They broke her foot after related surgery and repeatedly lied about it. She never went to court as they settled. She was a member of staff who had to take early retirement from injuries caused.

I have. But not from a medical perspective.

shakeyourcaboose Wed 18-Oct-17 19:50:01

think I too would not think highly of someone who sues the NHS. Albeit that there should be repercussions should there be criminal negligence, but on that of the individual not something that affects the service offered due to funding going to payouts.

Laura2018 Wed 18-Oct-17 19:51:27

Trailedanderror I really hope you don't have something horrific happen to you or a loved one which is the fault of a doctor or nurse. I would be terrified to live in a world were medical professionals can cause life changing injuries and death through negligence without any come back! Have a little think before you regurgitate what your mates said or what you've read on facebook....

McTufty Wed 18-Oct-17 19:54:04

Unfortunately, it depends on your case.

If they accept liability and agreement is possible as to how much your claim is worth, or they are willing to offer you a sum of money you consider acceptable without admitting liability, it could end at any stage.

However I expect the NHS will want to see your medical evidence before making any offers. Your solicitor will probably send you to a medical expert to prepare a report - you need to ask your solicitor timescales for this.

If the NHS don’t make any offers and your case proceeds to trial, then there are two things to consider:

A) how quickly you issue your claim in court. You have to issue within 3 years, but you may well issue sooner. It’s as soon as you’re ready.

B) once in court, depending on value and which court you issue in, you’re probably looking at 12-18 months before a trial. Could be sooner if it’s a simpler case, but I’m afraid it is not a quick process.

You’ve every right to bring a claim, and while it is tax payers money, I think it comes out of a different pot of money to nhs clinical funds.

retirednow Wed 18-Oct-17 19:56:39

I sued the nhs after I fell, was a member of staff, it took best part of three years and they settled out of court.

Ridingthegravytrain Wed 18-Oct-17 20:01:05

Be prepared for a very long slog. But good luck

Trailedanderror Wed 18-Oct-17 20:32:26

Laura2018 confused
I don't know what Facebook or my mates have to do with anything!
OP had posted a bump after no responses and I was pointing out that it's rare and generally frowned upon.

duckduckmouse Wed 18-Oct-17 20:32:55

Gosh that is long.

I don't care as long as I get justice, but it will form a part of my emotional healing in relation to what happened.

@Trailedanderror that's interesting you wouldn't think highly of someone who sued a trust who damaged them for life. I don't think highly of people who make a judgement so quickly without knowing what happened.

I'm fairly sure towing a bag of piss around, taking 15+ pills per day which you should never have had to fucking take, endure nightmares and terrors, suffer ridiculous life threatening infections due to poor hygiene and to be bullied, harassed and profiled on a daily basis plus having surgery you never should have and being left with a urine bag so long that it crystallised into my back and was yanked out by an incompetent interventional radiologist is grounds to seek justice.

I have spent more then £25,000 trying to fix the problems I have been caused which I shouldn't ever had have to deal with!!! So take your highly opinion somewhere else I didn't ask who agreed with me I asked how long!!!!

@McTufty thank you for the answers that's very useful, I would accept a settlement if my solicitors felt it was reasonable.

duckduckmouse Wed 18-Oct-17 20:34:58

@Trailedanderror it isn't frowned upon.

If it is a genuine case of negligence then you should be able to get the care you need to fix it and also you should have the right to seek justice.

What is frowned upon is fraud, but that is not the same as suing the NHS

LostMyMojoSomewhere Wed 18-Oct-17 20:47:19

I sued both my GP and the hospital for negligence following serious delays in diagnosis. It settled in the end - but they took it to the wire and I thought we would end up in court. I am a lawyer (albeit in a different area of practice) and I found it bloody rough going even though I sort of knew what to expect. My mental health and sexual history - both unconnected to the eventual diagnosis - were called into question.

You have some good advice from McTufty and the only thing I would add is that you check your medical records carefully to ensure they are complete and accurate - mine had been "sanitised" by those saintly practitioners of our national religion and all the information relating to some admissions had been erased, obviously in an attempt to make the hospital's position look more favourable. They turned up after a steaming letter from my solicitor, but I suspect only because I had kept masses of my own notes when I realised which way things were going.

And ignore PP's who advise against suing - pig-ignorance is bliss when it comes to medical negligence. It's hard enough to prove a claim already, without being "thought less of". hmm I don't want to live in a world where HCP's can fuck up with impunity (and then destroy evidence) although you may well find that the NHS already comes perilously close to that.

Good luck OP flowers

Anecdoche Wed 18-Oct-17 20:49:44

i did.
my son got stuck during delivery (shoulder dystocia) and instead of performing the correct manouvre the dr panicked and just pulled and caused significant nerve damage leaving him with erbs palsy.

it took several years but they settled out of court for close to £300000. it is in a trust fund .

Dippingmytoesin Wed 18-Oct-17 20:51:56

Is it definitely medical neg and not just a rare side effects of the procedure/treatment you underwent?

CoveredInFondant Wed 18-Oct-17 20:52:11

I sued my workplace for horrendous sexual harassment after I was told it was my fault for being smiley and happy.

Anyone who has sued the nhs and won, for whatever reason, had a battle to get there. They aren't a drain on resources.

Trailedanderror Wed 18-Oct-17 20:52:29

duckduck of course knowing your story I'd certainly not look askance. The case I knew was a chancer. As I explained uppost, my initial response was about suing the NHS in theory and how it's seen; I suppose I was answering a question you hadn't asked. I hope you've had good advice and you get satisfactory recompense- both financial and emotional. flowers

Laura2018 Wed 18-Oct-17 20:54:30

Trailedanderror not rare nor frowned upon. You have no idea what you're talking about!

endofthelinefinally Wed 18-Oct-17 20:55:56

NHS hospitals and HCPs are all insured against clinical negligence.
These things do happen and if people are left disabled and in pain of course they should sue.

endofthelinefinally Wed 18-Oct-17 20:58:08

I have experienced missing and falsified records and medical staff who stood up and lied at an inquest.
Not everyone who works in the NHS is a saint.

Trailedanderror Wed 18-Oct-17 20:59:01

Whatever Laura I'd explained my reasoning to the OP, cba to have a bunfight with you.

duckduckmouse Wed 18-Oct-17 21:00:20

@LostMyMojoSomewhere yes I have also had evidence removed as I have a lot of records I copied and also requested last year. Example, I was in labour and they denied this yet my contractions chart for the day show I was in labour and this was agreed by a midwife in my birth after thoughts.
Even in my formal complaints they are trying to dive and have asked for extensions three times. The gp surgery lied about something and then said they wouldn't discuss it in a meeting. It was their only attempt at defending themselves and it is a total lie. I am so resentful to them. There is so much protection for these people and yet if you click the wrong button on a sign in screen you get told off!!!

@Dippingmytoesin no, it isn't a side effect. It's a massive massive massive fuck up. And lies and harassment etc. Thanks for checking though.
My solicitors would not be wasting their time on me if there wasn't going to be a case.

@Anecdoche You are a wonderful mum, fighting for justice. Thank you for sharing your story with me. I hope you get some relief knowing you have funds to support your son when he is older. Take care

Overrunwithlego Wed 18-Oct-17 21:00:30

Yep - a body called NHS Litigation Authority (more recently NHS Resolution) manages risk pooling schemes for both clinical and non clinical claims against NHS providers. Some facts on 2016/17 at this link. So not rare! Around 15,000 claims a year and as expected the biggest payouts are in O&G where an error could lead to a lifetime of substantial care costs for the baby. www.nhsla.com/currentactivity/Documents/NHS%20Resolution%20Factsheet%203%20-%20Claims%20information%202016-17.pdf

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