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Has anybody written to a private consultant requesting compensation?

(18 Posts)
dissapointedafternoon Wed 01-Nov-17 14:38:32

I have been told that although it was negligence the cost of pursuing the matter would potentially outweigh the sum awarded.
I've written to the hospital and consultant and requested compensation instead of progressing things with a lawyer (I haven't said I was told it wouldn't be worth it financially) and also that I wouldn't discuss the scenario with anyone else,
But I am wondering if anyone has requested and been awarded compensation without using a legal front?

This is for med neg, sorry!

TreaterAnita Wed 01-Nov-17 23:42:25

I’ve seen people do it successfully, yes. You are at the whim of the hospital/consultant, as you have no teeth if they don’t offer you anything, but if they think they are buying you off cheaply they may agree. Would help to have a bit more info re the surgery/injury but appreciate it might be sensitive.

dissapointedafternoon Thu 02-Nov-17 06:27:08

Are you medical? Shall I send the letter I wrote?
I know from talking to medics
- I was over dosed as I wasn't weighed (more then 50%)
- I had a seizure because of this
- the needle wasn't aspired to check it didn't go into my blood stream (it did)

TreaterAnita Thu 02-Nov-17 23:14:48

No, not medical, I’m a lawyer who deals with these kind of cases. Happy to look at the letter.

dissapointedafternoon Fri 03-Nov-17 07:55:22

Yes please, I'll log into the website and do it this morning.
Should I remove the info on the hospital and address?

Thank you so much

hiyasminitsme Fri 03-Nov-17 07:56:41

It'll be up to their insurer to decide,the consultant won't be paying you personally

homebythesea Fri 03-Nov-17 08:07:15

THE doctor will have professional indemnity insurance. They (more specifically their lawyers) will take over the conduct of the claim. They will not just write a cheque on the basis of your letter. They will want to examine the medical evidence. They may well want you to produce an experts report. They will want you to quantify your claim (how do you calculate the amount you are claiming? Is it for lost wages, for pain and suffering, for additional childcare costs incurred as a result of the incident etc?).

There are solicitors who will take this on for you on a no win no fee basis. That means for a minimal outlay on your part they will pursue the claim and then take a percentage of the compensation awarded as their fee. If the claim fails however I'm not sure what happens to the other side's costs as the "loser" is usually liable for these. I think maybe you have to take out an insurance policy to cover this- someone more up to date than me will no doubt correct me!

So what I'm saying is that you should find a no win no fee solicitor experienced in medical negligence claims. You can ask the law society if you don't know if any turns local to you.

dissapointedafternoon Fri 03-Nov-17 08:35:02

I'm not trying to sue him. I am requesting funds for my losses as a result.

I already have solicitors looking after my claim with the NHS.

homebythesea Fri 03-Nov-17 08:42:41

So you have 2 claims- against NHS and against private doctor? Does the NHS claim not cover your consequential losses? What has your solicitor in the NHS case said about your claim against the other doctor? Are you on a no win no fee deal for the NHS action?

You will have to sue the private doctor (as opposed to just writing) to get any money unless it is such an open and shut case the insurers don't think it's worthwhile to defend an action. I used to defend insurers in professional negligence cases and it is extremely rare for them to roll over at the first hurdle. There is no downside for you to seek advice from a no win no fee solicitor.

dissapointedafternoon Fri 03-Nov-17 09:10:31

Yes I have two things going on simultaneously.

One is a clear over dose which led to a seizure and needing resuscitation and anti dotes from a private consultant who was trying to help me with chronic pain near my kidney from damage caused by the NHS when I was pregnant. This is the one that is apparently according to three solicitors, more expensive to pursue then it will be winning. Even on a no win no fee, it's still going to not be worth their time as they only get 25% plus their time.

The other is already with solicitors on a no win no fee. This is the NHS and this is due to the failings when I was pregnant which left me with
1. Chronic pain and nerve damage
2. Unable to work for almost 2 years
3. Meant my husband could not work whilst I was pregnant
4. Led to me having diagnosed PTSD
5. A premature baby
6. A c section with a general anaesthetic
7. Infections which almost killed me that were avoidable.

So the NHS are going to be sued by my solicitors because the first question is- would a reasonable doctor in the same position do the same procedure. If the answer is no then there is the next question, did the client come to harm as a result of this. For the NHS the answer is no, because they were all squabbling over what to do. Following my sons delivery the consultant wrote to me to justify his choice..... which is not normal. Now I know why. It's because he didn't take reasonable procedures like another urologist would. Independent parties have all said they would not have done this. Secondly it was left for too long which caused my nerve damage. So this is where the effect comes in from the causation.

With the private consultant, a reasonable doctor would have done what he did, so there is no second question which is did I come to any Harm as a result of his actions.

If the first question is answered with a no then you can't proceed to the next one

(Or so I have been told)

homebythesea Fri 03-Nov-17 09:18:15

Yes that's right- the test for negligence is whether, on the balance of probabilities, a reasonably competent professional would have made the same decisions in the same circumstances. If the advice is yes then that doctor was not negligent and therefore you have no claim.

It looks like your claim against the NHS includes claims for loss of earnings etc so I wonder, even if you could claim against the second doctor, what the quantum would be- what additional losses have you incurred because of his actions? Anyway it sounds like the consultants insurers are unlikely to entertain your claim so I would have thought it's better for you to focus energy on the claim against the NHS.

dissapointedafternoon Fri 03-Nov-17 09:43:59

I'm not going to use any energy on either of them.
That's what my solicitors are for.

And for the private consultant did cause additional suffering as now everyone is afraid to treat me because I had a seizure which wasn't my fault at all.

I also have now got additional psychological trauma as I said my lasts good byes to my husband before being whisked off

homebythesea Fri 03-Nov-17 10:52:39

I’m really sorry that happened to you. It’s worth a punt but as I said if the doctor wasn’t negligent then strictly speaking he is not liable for the consequences of the incident.

dissapointedafternoon Fri 03-Nov-17 10:54:24

I'm still going to give it a go!
No harm in asking is there?
I'm frightened of everyone now, and very cross too!

Thank you for all the info it's helped

homebythesea Fri 03-Nov-17 11:27:50

Good luck!

hiyasminitsme Fri 03-Nov-17 13:22:57

no harm in asking but it will be passed to their insurer who is very unlikely to pay unless you sue.

TreaterAnita Fri 03-Nov-17 18:38:35

I think you need to discuss this with the solicitors dealing with your NHS claim. If you suffered harm from treatment that you required as a result of your original injuries then it’s causally linked and recoverable from the original defendant unless there was negligence which was so great (gross negligence) that it broke the chain of causation, and that’s for the defendant to prove. You might be muddying the waters a bit by trying to obtain compensation from the private consultant. Do you solicitors know you’ve sent the letter? I

dissapointedafternoon Sat 04-Nov-17 11:29:33

No, I haven't told the solicitors I sent the letter but that's a good idea to discuss compensation from the NHS as a result. I had my hand bent into using private consultants when I shouldn't have had to because the NHS have consistently failed me sad

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