Black mark against name on medical records?

[Shittenshite]

My partner and I believe we have some kind of 'black mark' against us on our medical records, and possibly others as well.

We have a solicitor involved with a case for what we believe is medical negligence, against the NHS Trust local to us. It's an extremely big, complex and serious case which is likely to go on for some time.

Over the last few months, so many strange things have happened. It seems people are acting very strange around us. Doctors, consultants, every professional we have contact with seems to keep us at arms length.

We've done nothing wrong but they're acting strange, like we have, although nobody has said anything directly. We don't say anything to anyone about the case or solicitors, but it feels like we've got some kind of black mark against us.

Can this be true or are we just being paranoid?

Acting strange in what way?

Like, it's hard to get an appointment? Gp seems slightly distracted? These could all just be normal because they're stretched

It's REALLY hard to explain but two examples of the most recent ones:

We took our daughter to see a hospital consultant on Friday (the legal case does involve her but she's only 3 so a little girl and certainly not done anything wrong). The consultant is one we've seen many times before. He's usually chatty, funny, injects humour into his consultations when appropriate and is friendly and honest, with clear explanations of things relevant to her health. We've always got on very well with him. At the appointment on Friday he was VERY different. He seemed all over the place, not explaining things and actually we left more confused. There was none of the usual chattiness or friendliness, no humour etc.

I realise that he may (and most probably did) have other concerns regarding his professional and perhaps private life which meant his demeanour was totally different, however this is typical of how professionals are with us lately, so it's not an isolated incident even though its the first time we've noticed this with this particular consultant.

Secondly, we were appointed a social worker about 3 months ago. Not a safeguarding matter or anything of the sort. It was regarding our child's complex medical needs and they were looking into things like respite. Anyway, he seemed really nice, he was in regular touch by email and phone (all professionally), updating us on what he'd found out or what help might be available etc. When I last spoke to him about 2 months ago, he told me he was going to look into X, Y and Z and would be in touch when we found anything out about them.

Since then, I've phoned his work mobile during work hours once - it rang, no answer, left a message but call was never returned. I emailed him 3 weeks ago. He was on annual leave according to the auto-reply but due back in work the following day. Still no reply. Last week I sent an SMS to his work mobile which he read the same day but never replied to.

It's like he's vanished off the face of the earth without any explanation and nobody else from his department have been in touch either.

That doesn't really give us much to go on. As someone who works with social workers I can say that your experience is not unusual, sadly.
It sounds like it may be more of a feeling that's turning into paranoia. Why do you have a solicitor involved?

(Sorry scratch that last comment about the solicitor, I clearly can't read!! )

I think you're reading too much in to this. Social workers are massively stretched. He might have even left the profession and you've not been informed.
The consultant could be feeling uneasy if he feels like , if you've made a complaint, that he cannot be his normal self around you if he's feeling scrutinised.

What do you mean by arms lengths? Medical professionals should keep their patients at arms lengths?

The consultant sounds like he was stressed, could be a million and one things. I'm assuming he's not involved in the medical negligence case? Does he know the people involved?

Medical professionals are human. If he knows you have a massive medical negligence case perhaps he felt anxious?

They're probably frightened that you might litigate against them so are overly paranoid about their clinical practice in your presence. It's frightening for clinicians. They are aware anything they say may be used against them.

I think if they know there’s a case they are being super formal and thorough rather than relaxed and chatty, to ensure they’ve done everything by the book and there’s no room for further complaints

If you know someone is suing your trust or your colleagues then it's obvious you will be more anxious, stressed and overthink your actions in their presence

It doesn't matter if you are usually confident in yourself, it doesn't mean you don't think that person is deserving of care. But obviously being sued is many consultants nightmare

They are all thinking ‘will I be next?’. So they keep you at arms length and probably be very nervous. Wouldn’t you be the same?

I'd imagine it's a case of self preservation.

If I deal with a client that has a history of making complaints or bringing legal action then yes, I am slightly different with them. More careful and yes, a bit more (professionally) distant. I don't know if they have a basis for their previous action or if they just want to swing and take people down - so yes, I tread carefully.

I would say the word has gone around that ye are a family who is taking a case and they are all either terrified they will be next or have a grudge because of it. My neighbour here in lreland requested her child's medical records with the possibility of a court case due to mismanagement, she believed, of her case. Immediately all doctors...who were not involved in the case...changed in their attitude towards her. They questioned her parenting as if they wanted to plant a seed against her and their usual friendly and supportive attitude changed.
It's probably the reason most parents don't take a case as they need the medical team going forward.

No this isn't a 'thing', most of the systems don't even join up so records aren't shared. It is possible though that through the course of the investigation those who were involved in the care that has been questioned are obviously aware and are mindful to switch onto super professional and less small talk mode- it's incredibly stressful and does make you more conscious during interactions (obviously the level and quality of care should stay the same, but it does make you less relaxed about the informal parts). That's not unreasonable on the consultants part if they are part of the complaint and have had their conduct questioned. Or it could be that they're having a crap day and you're more aware of things as you're concerned about things being awkward; probably more likely to be honest.

If there is ongoing litigation against the trust involving your daughter, the medical team will be aware of it because they will have had to respond. I think it is unreasonable to expect the same team you are suing to treat you exactly the same as they did beforehand. I’m also surprised you want to continue receiving care there.

A social worker will have no links with the hospital - if they are being off with you, unfortunately that is probably just how they are with everyone.

I doubt it's you

I threatened litigation against SS. It produced a very instant response (our SW is fab btw), all unnecessary communication dropped and our SW was picking her words very carefully. It eased off as time has gone on and the matter resolved (without it going to court). Our SW has moved jobs/location but still deals with us, probably because they've figured out they need someone intelligent to deal with us, stupid social workers screw it up.

Now health is being picked up on legally. When the risk is there, everyone starts talking to you very carefully. Atm it's most noticable update calls, I actually get update calls and much more frequently.

The Legal team do brief relevant professionals

I do think it sounds like your SW has left. Either way you shouldn't be left so long without contact I'd be chasing the department to check what's going on. If your child is designated a child in need your SW has to complete regular checks on them and there should be a monthly professionals meeting that includes you.

Yes I work in a different field and we had someone trying to make a complaint about our service. It was unjustified. They were given the correct information and specifically guided to who could help them. Then they rang a different department asking specific questions. They already knew the answers to these questions they had only been told the answer within the hour. I gave this department the heads up so they could repeat verbatim what the answer was. It’s quite obvious this person was trying to trip someone up.
Of course people will now be different with you.

Can't help thinking that the woman wasn't quite so wrong to check if you had to ring the other department up to ensure they said the right answer

It often is the right thing to complain. Its amazing how many official bodies act dangerously illegally if it will save money

I had a black mark (comments on my medical records from medics) because i called emergency solicitor when they wouldn't listen to me that my daughter was seriously ill (turned out she had bacterial meningitis). They were stand offish too..wherever i went medically. I applied to have access to my and daughters medical records. Took a while but sure enough, there were things on there that should not have been... personal remarks etc. I applied through solicitor to get those removed.

Oh don’t be daft op

and I’ll save you the time and hassle - your complaints will get no where because they too are laughably daft

What did the “emergency solicitor” do?

Who'd be a doctor when this is what you're up against?

It's REALLY hard to explain

yes, I imagine it is

The social worker one makes no sense, if he knew about the legal case why would he respond by giving you an even shitter service. He has either left or you need to make a complaint. Would a social worker have access to medical records?

I am like this with parents who complain more than once or twice tbh. No black marks of course but people talk in my profession. Complaints even in education are a massive source of anxiety - I cannot even imagine what it’s like in medicine were your livelihood is far more on the line and the scrutiny is much, much greater.

When I know I have a meeting with such parents as a senior leader, I do what I am paid to do: keep what I say to a clear but concise minimum, mostly listen and answer questions, avoid my usual humour so it can’t be said to be a lack of professionalism or downplaying their concerns - even if a child is present. In fact, my pupils would note a change in my character and level of formality if they were present. This is all perfectly reasonable of course and doctors don’t have to inject any sort of personality into their job really and can still do it extremely well without doing this.

Perhaps they are worried you’re keeping evidence of everything that’s said by certain medical professionals or something.

Best wishes to your daughter.

You sound paranoid tbh