AIBU to sue the NHS for medical negligence in which my Dad died.

This!

Suing the nhs won't put name on lips or make staff know. The waiting times and pressure making your dad's case not unusual but not any less painfully or awful.

If you want the money do it but don't be under the illusion it will make a difference

My husband very nearly died of sepsis a few years ago. I'd just had a baby and had a small child. We had a strong case for medical negligence as, when he was in full septic shock, his blood pressure still wasn't taken. His skin was discoloured and he could barely walk. He collapsed a few hours later.

Because of the very fast progressing nature of Sepsis, I feel that the fact that he was seen and discharged 2 days prior probably wouldn't amount to medical negligence because he could have been reasonably well, or at least not fatally unwell, at that point. However, with the sheer amount of info around about Sepsis today, I would expect all medical staff to not only be vigilant, but to warn patients of what to look out for and to seek help if symptoms worsen. As sepsis patients can also suffer from confusion, this should ideally be written down and communicated to relatives if possible.

We chose to ask for a review in staff training and processes and they agreed to that. We decided not to sue because my husband survived and the NHS ultimately saved him and became he made a somewhat good, albeit not complete recovery. Also we didn't want the stress nor to take more money out of the NHS as we believed that it was the cuts in the first place and stretched staff that caused it.

Our situation is obviously different to yours. You lost your father and a husband. My gut feeling on this is that you've not quite met the threshold for medical negligence (it's a high threshold), especially with the fast changing nature of Sepsis and your father's pre existing health conditions which could have clouded the issue. I have a legal background, although have not worked in the profession for many years. This is just my opinion however.

In making your decision, you could always read the Nice Guidelines for dealing with Sepsis and see whether they followed them. You could also contact The Sepsis Trust for advice. They are a really helpful organisation. I've previously done some voluntary work for them and helped train health professionals on Sepsis.

I am so sorry for your loss.

I think you should do it but it takes a lot of energy which when you are grieving is difficult. However it sounds like they were negligent and there seems to be so many instances of bad and shocking treatment at the moment something needs to change. So sorry for your loss and your poor Dad.

So are you a negligence lawyer?
NMC is not medical it's nursing. GMC is the medical regulator

Don’t do it, it will drag on, you will have to relive it all

and who pays? The tax payer, so any money you get from that trust won’t be there to go on nurses or improving anything ( even if it’s insurance premiums will go up)

personally I would want a meeting with the trust, an assurance they have put something in place to stop it happening again and would want to see what that was

OP, so sorry for your loss. Your poor dad. 😕
I have similar dilemma...had investigative report from hospital last year, following a complaint about my DM's hospital treatment. I've managed to skim read it but still haven't been able to fully digest the whole thing. My DM didn't die but became bed bound as a result of errors made by more than 1 individual. She can no longer walk, needs nappies and has carers visit 4 x day. And this was someone who was fully independent and able to do everything for herself.

From my skim read of their report, they admit mistakes. I know I need to take it further because her life has changed beyond all recognition, as has my DF's life as he is her full time carer (at age 78!). They can't get away with it, I can't let them but the thought of picking up that report and reading through it, re-living the last 2 years of horror makes me physically sick.

I need to be brave, for my lovely DM and speak to a solicitor to see how to progress.

Good luck in your endeavours and I hope you have support IRL to help get you through.

I would make the claim. Your dad was only in his 60s and could have had many more years. I'm so sorry for your loss and although this action won't bring him back, I can understand that this feels like the last thing you can do for him. It's not about the money but if it can provide your mum with a bit of security and comfort, it'll be worth it. Again, so sorry for the loss of your beloved dad 💐

We sued and then settled. We rejected their first offer as it was offensive, but we settled on the second. It was more about getting something to help MIL.

I'm a former staff nurse. What you describe is an appalling lack of care and treatment. I understand why you must be so angry and inclined to sue.
So sorry for the loss of your Dad and wishing you and your Family well as you approach What you need to do next.

Can I ask if you sued for this? What was the outcome? We are currently going through an investigation for something similar and not sure yet how to proceed. Thanks

I have some experience of this in relation to regulators, GMC and NMC as the main medical ones. In your position I would do the same, I'd sue and also refer to the regulator - but be aware that the entire thing is incredibly frustrating. A trust will often settle early, and by the time it reaches a fitness to practice panel you often find that the trust has closed ranks, it will be many years later, and you are a witness not a party to the case. A lot of my witnesses often feel very flat at the end of a case even if it's the result they hope for, and the anger doesn't always go away. Sometimes it gets worse when they find that the trust has 'lost' documents or they feel the regulator has under charged. So I wouldn't discourage you from doing it but take care of your own mental health while you do.

Having RTFT it really does sound like gross negligence on the part of the trust. The National Early Warning System for sepsis is very simple to follow and yet it seems like in the trust totally failed him.
I understand your hesitancy. Suing the NHS diverts funds away from patient care. However, it us seemingly the only way that anything actually changes.
The NHS is under relentless pressure, it's underfunded and overstretched. But that does not excuse shit clinical decision-making a failure to follow the most basic of national guidance. In your shoes, I'd sue.

Sue them!

We sued. We had a solicitor who recommended we buy an insurance to pay costs if we lost. We did and they settled out of court. We felt justice had been done and a bit of cash for our MIL. The information we found on file from arrogant medical staff when we received the files through Freedom of Information request was terrible and upsetting. So be prepared to see that. But I’d do it again

Definitely go ahead the NHS is an absolute joke. This happens a lot and not due to lack of money it’s an untouchable machine that needs to change asap.

I am currently pursuing a claim against my local NHS trust for the consequences of a misdiagnosis and two years of unpleasant treatment I did not need.

As others have said, damages paid in cases of negligence come out of a different pot, so do not detract from money available for patient care.

As it happens, I have past experience of the legal process from work, so I am finding it pretty easy, and I like and have confidence in my solicitor as well, which helps. However, if you are not familiar with the legal process, it can be very stressful and this should not be under estimated.

It is notable that the Trust failed to co-operate with me from the point where I asked for my notes onwards and their solicitors are now behaving extremely badly.

If you work in the NHS you know how understaffed undersorpted we are my father died 6 years ago same sort out report you got he possibley would off lived if xyz was checked so this was done don't have £££ in your eyes let your father rest in peace

Glad you have such a robust rationale😂

Absolutely do it, otherwise things will not change.
The hospital has a separate budget for negligence payouts and the money won’t affect frontline services.

If the solicitor thinks there is enough to start the case, I'd go for it. Best case scenario, it changes protocols/checks/policies so that no one else has to go through what your family has.

Apologies, I read your last post. I think diabetic feet are difficult to manage well and quite often poorly managed. I would sue. I always get the Endocrine consultant to see ours, and often you also need ortho and vascular. There is also a specific abx regime for diabetic foot infection ( severe) and for osteomyelitis.
Often the ortho docs won't operate without a vascular input. That's fine, just illustrating its complex.
I would sue and it might result in better care pathway x

We are in the middle of this with our NHS trust for our son. The solicitor is dealing with all of it and so far has been ok. Was initially difficult pulling all our information together, conversations we had, dates etc but once that was done it's been down to the solicitor to manage. They have admitted liability and said they will learn from it but I call BS and I'm not just taking that, our son nearly died because of their negligence. I would do it

My Grandad died after being given the wrong medication by a community nurse- we decided not to sue as ultimately my grandma felt no amount of money would bring him back and secondly she didn’t want to remove money from the NHS that could be used to care for someone else. My Mum agreed with her but I know other relatives didn’t.

The nurse was referred to the NMC and was struck off the register - the Trust made some changes to procedures and I insisted on an update a year after the incident as its okay to say they will change something but I wanted to know whether the change has been sustained and what difference it has made/ impact it had on patients.

Its such a difficult situation one which I hope not too many find themselves in - I am so sorry for your and your family’s loss and you just need to do what is right for you - take care.