Would you seek compensation under these circumstances?

[MrTiddlesTheCat]

I'm genuinely not a compensation seeker type, so feel very uncomfortable about doing this, especially from the health service (national but in another country). But now I feel like I have to.

So, almost 2 years ago I fell and severely broke my shoulder. From the time of injury I said the worst pain was across my shoulder blade. I was told this was normal and would get better with time. I had surgery and have done all my physiotherapy exercises. But it hasn't got better.

The hospital have said the bone has healed well and they don't know why I still have limited use and so much pain. There's nothing else they can do. The physiotherapist says the exercises aren't working and there's nothing else they can do either.

So I contacted the patient ombudsman who have stepped in. Short version, it looks like they missed a complete tear to the rotator cuff, that required surgery.

The problem now is that they can't fix it. They've left it too long that the chances of successful surgery are slim, plus in the meantime I've had radiotherapy on that side, which I've been told makes it highly unlikely they'll even try. It's grueling surgery and you only go into it if there's a good chance of success. I have little chance.

So I'm now permanently disabled, which I could live with. But I'm also in constant pain, that I can't live with.

My counsellor wants me to seek compensation so I can make adaptions to my house/ cover the costs of those we've already done. Would you?

No.
You could of seeked a second opinion, asked for another xray etc in that period of time but it sounds like you didnt?

You are legally entitled to seek compensation, it would only be awarded if deemed appropriate.

Yes, the adaptations will make your life much easier..So sorry to hear about what happened to you, women are very often dismissed in this way and it's appalling.

No. Are you claiming PIP? If not you should apply. There are various schemes to get adaptations for your home. You don't need to resort to sueing the NHS to pay for it.

I doubt you'd have a claim anyway. They did/ didn't do what they thought was right at the time.

That sounds like a weird suggestion for a counsellor to make. It's not a very professional thing for them to have said. Are they accredited?

I had so many xrays I now glow like a readybrek kid.

I would definitely seek some proper legal advice about it.

They have totally missed a serious injury which has now left you permanently disabled.

I'm not in the UK so it's not NHS. My counsellor is the cancer therapist at the breast clinic in the same hospital.

Yes, as a PI lawyer, as long as your knowledge of the missed diagnosis does not exceed the 3 year limitation period you may have a valid claim

All those berating you for making a claim perhaps don't realise that starting a claim immediately accesses private treatment and/or adaptations that ordinarily would not be available. So I would suggest you see a solicitor ASAP. But bear in mind the 3 year limitation period, if you're in England or Wales

Also a lawyer (disability rights, not PI) and I think you should seek legal advice. It's likely you have a claim. Why should you go without the adaptations you need because of their mistake? People talking about PIP don't realise it won't touch the sides of what you will need, and it's supposed to cover the ongoing costs of disability.

Ah ok fair enough. In that case I'm not sure. I'd feel differently sueing a private organisation to a publicly funded one. If there are any disability benefits in your country you should still apply if you haven't already.