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Original poster

Medical Negligence Claims in Scotland.

71 replies

donnakebab49 · 07/02/2014 04:51

Can anyone advise me if they've had the horrific experience of medical negligence and what was/ is the outcome? I live in Ayrshire, just got told yesterday (6/2/2014) that i have lung disease (emphysema). This was me only being told after my ct scan 10 months, yes, months ago!!! Someone in the NHS is to blame for incompetence!! My GP hasn't mentioned my results, even though i'd been asking her up til Xmas. I assumed everything was ok until an appt letter dropped through my door 2 and half weeks ago. To make it all worse, i'm getting married NEXT FRIDAY!!!!!!!! Any advice will be greatly appreciated.

OP posts:
MrsPixieMoo · 07/02/2014 05:35

Don't blame the NHS. It's your fault for smoking.

Finlaggan · 07/02/2014 05:55

nice pixie

sorry to hear of your diagnosis. I don't have any experience sorry just wanted to wish you luck.

good luck with your complaint 10 months is clearly a shocking amount of time to wait for results. were you also chasing the hospital?

Original poster
donnakebab49 · 07/02/2014 05:58

MrsPixieMoo you're as ill-informed about my situation as i am - perhaps it would've been more tactful for you to ask me if i ever worked in a dusty environment years ago - and yes i did. There are too many ignorant people in this world who blame smoking alone for most diseases. Have you seen my medical records? Do you know my past experiences with NHS?? I have a letter of apology from them about their last mess they left me with. You're too quick to judge MrsPixieMoo.

OP posts:
Gowaygoway · 07/02/2014 06:31

Are you a smoker?

CocoBandicoot · 07/02/2014 06:42

So you had a scan, went on some kind of waiting list and eventually got an appointment with a consultant, who told you the results of the scan? That's normal practise! Agree that they could have told you that you were on the waiting list for the consultant, but the fact that you couldn't be seen by them for months doesn't amount to negligence.

Also, the first time you posted this you said you DO smoke Confused You can't know whether it's that or working in a dusty environment which caused it - both would have increased your risk...

AngryGnome · 07/02/2014 06:43

This must be such a huge shock for you. I am not sure that you would have a case for negligence - is there any treatment you could have Been given in the last 10 month that would have affected the outcome? Your first port of call should be PALS who can support you in investigating why went wrong; if you are not satisfied with the explanation the hospital provides then contact a lawyer specialising in medical negligence/incompetence- PALS would prob be able to help you with this too.

AngryGnome · 07/02/2014 06:46

Also, check at the hospital/GP for local support groups for people with COPD - speaking to other people with a similar diagnosis can be really helpful.

thewizenedone · 07/02/2014 06:48

Sorry for your situation but copd can happen many years after you have stopped smoking as it did in my fils case. He gave up over 30 years ago but was diagnosed last year. My dad had recurrant chest infections and eventually gave up smoking but the damage was done.

I dont think a claim would be upheld (I would stress I am not a lawyer)

Take care of yourself try to eat well and stop smoking now. I think its mainly managing the condition with lifestyle changes. Good luck with the wedding.

Original poster
donnakebab49 · 07/02/2014 07:03

As i'm new to this site i don't know how to reply to folk on their own message to me so in answer 1st of all to nice Pixie, yes i had been chasing, nagging, phoning even the original Consultant about the results as soon as i thought they would have them - 2-3 WEEKS after the scan 10 months ago. Told by a secretery who by this time was fed up listening to me, that she didn't know much cos the Consultant i was expecting to hear from had left the hospital!!! I know....by this time 4mths had passed, so i started asking my Surgery who has 4 GP'S, believe me, every 1 of them couldn't tell me, fobbed me off with tramadol for the back pain, antibiotics for the chest infections i had, assumed my drastic weight loss was due to the menopause.....i could go on and on. Even the original GP who referred me in the 1st place - has left my Surgery also!! And shockingly before he left, myself and hubby went into his surgery, he was totally straight and upfront stating "i suspect its cancer". In reply to Goawaygoaway, yes i smoke BUT i also worked 30 yrs ago in a textile factory when nobody knew the effects of dust, etc. I'm waiting on the Practice Manager getting back to me today cos as you can all imagine, me and hubby phoned him straight away to find out why the NHS has failed me yet again......that's another story.

OP posts:
ginmakesitallok · 07/02/2014 07:09

Have you put in a formal complaint? What was the response?

Original poster
donnakebab49 · 07/02/2014 07:14

Angrygnome, thankyou for advice on PALS. I haven't even reached the stage of being told yesterday what treatment i'm getting!!!! They're going to write to me when i've to go for more tests.......next Xmas??!!! . And in reply to CocoBandicoot, yes i still smoke only because i assumed my original scan 10 months ago was ok as i hadn't heard from them - please don't assume i won't stop smoking, i will, when i get through my wedding day next WEEK!!!!!! Also, i DO think I have a possible claim....why?? Well simply cos if i had been told the diagnosis months ago - i'd have stopped that day. Have all these months of me not knowing my condition made my lungs worse??? I'm now dreading the tests to see how far advanced the disease has got. Thanks to all for kind wishes.x

OP posts:
Original poster
donnakebab49 · 07/02/2014 07:17

Ginmakesitallok - i was only told this diagnosis YESTERDAY at 1.30pm. Yes, as soon as i came back from Hospital me and partner spoke to the Dr' surgery Manager. I'm waiting to hear from him today, hopefully!! He was takenaback also.

OP posts:
Marrow · 07/02/2014 07:23

You want to sue the NHS because you haven't stopped smoking sooner?!! Why would it take diagnosis to make you stop smoking? Surely your symptoms alone as well as common sense make it clear that smoking is never a good idea.

Original poster
donnakebab49 · 07/02/2014 07:32

Marrow, i've no intention of reading anymore posts like yours lecturing me about smoking. i originally came on here asking if anyone had advice about Medical Negligence and believe me, the NHS have already let me down before, NOT related to SMOKING!!!!!!!! I have their letter of a formal apology..........Please everyone take note, I am still dealing with the shock i got yesterday.and my wedding next week, so kindly please refrain from lectures about smoking.......hindsight is a very, very under-rated word i've discovered on here. Makes me wonder seriously how some folk on here can get through their day being so perfect??!!!

OP posts:
thewizenedone · 07/02/2014 07:34

You posted on someone elses thread " had I been told 8months ago I would have given up that day". Now your saying you will give up after your wedding next week!

You need to give uo now! Your dr must have suggested giving up. (Ex smoker here and mine always did). Get some patches, e cig or whatever.

Original poster
donnakebab49 · 07/02/2014 07:36

Thankyou thewizendone for your post. Yes i'll need all the luck next Friday lol. My mind is like mush right now.

OP posts:
londonrach · 07/02/2014 07:37

You really think diagnosis would have made you give up smoking? I work in the nhs and seem patients on oxygen with copd still smoking. Ive seem people who had their leg off from smoking related diseases still smoking. In fact yesterday saw a lady with copd who smokes 20 a day, on oxygen (i know danagerous) saying the damage is done why stop. The damage happens over years and stopping 10 months(if you could) wouldnt have made a difference. the fact you had a scare would have made you stop if you were going to stop if it ever went to court. In my experience. Im not a lawyer though.

Good luck with your wedding

NCISaddict · 07/02/2014 07:40

To be honest I don't think ten months will have made a difference to any of your treatment, yes giving up smoking is always a good thing and the main cause of COPD is smoking but giving up does not cure it. Exacerbations of COPD are managed in the way you describe so although I can see it is a distressing diagnosis for you the delay is unlikely to have made any difference to your prognosis.

Original poster
donnakebab49 · 07/02/2014 07:42

Why am i not getting my point across about why i think i MAY have a claim??? Even if i can get compensated for the mismanagement of all the NHS staff, ie DR,s, GP's, then i'll be happy with that. Too many horror stories are appearing in daily newspapers that by the time folk get diagnosed with conditions, it's often too late as the NHS are wasting valuable time which is the difference between curing, stopping a disease getting worse, being given medication earlier, etc, etc.

OP posts:
ginmakesitallok · 07/02/2014 07:48

In order to claim compensation you have to show that you have suffered a loss as a result of their mistake, and that that loss was due to their mistake. I dont think you can claim you've suffered a loss - as it was your choice to continue to smoke (and any damage will already have been caused). It will be a long expensive process, costing both you and the NHS thousands, and given that you haven't even stopped smoking now I think you'll have a hell of a job to do.

Take some responsibility for your own health

Original poster
donnakebab49 · 07/02/2014 07:49

NCISaddict, i am not complaining about COPD or ANY smoking disease, i am wanting the NHS to wake up and sort out their drastic system regarding time from waiting for results, medication, tests, etc. PLEASE, PLEASE EVERYONE STOP STOP STOP assuming i'm looking for compensation for me smoking - i'm not!! I believe too many folk are dying too soon before the NHS system get's round to giving patients they're diagnosis!! Dearie me, have i started WW3 here all cos me and folk commenting are not explaining or reading my original post. The mind boggles........

OP posts:
londonrach · 07/02/2014 07:51

Donna i see patients daily who have had amazing treatment on the nhs, lifes saved etc. The papers (the daily mail) tells of one or two cases ignoring all the successful treatments. If you think you have a claim talk to a lawyer! I can give you 100s of stories of patients telling me how their life was saved by the nhs. My mums life being one of them. If it ever went to court they want to know why if you had a scare why didnt you stop smoking. why are you waiting until after the wedding? Copd is caused by years of smoking.

AngryGnome · 07/02/2014 07:52

A diagnosis like this is a terrible shock and I don't think the view that 'you brought it on yourself' is particularly helpful. None of us know the OPs medical history - yes, it is more than likely that both her smoking and her previous employment contributed to causing her condition, but have some compassion.

OP, I think you are probably reacting in shock to this news. Having been through a medical negligence case myself, I think it is unlikely that you will have a claim, but it seems to me that the hospital do have some questions to answer about the delay between your scan and your results, particularly if you were repeatedly contacting them to request results. PALS should be able arrange for you to have an initial meeting with key staff involved so that you can ask questions and understand what happened. It sounded in your last post as though they have already apologised in a letter?

ginmakesitallok · 07/02/2014 07:53

But how is you getting compensation making the NHS wake up and change their systems?? Its just costing them more money which would otherwise be used for patient care??

ThistleLickerIsGoingToBeAMummy · 07/02/2014 07:56

Is your condition a manageable
Condition or terminal? Sorry I don't know much about it?

Also another finding this odd, I also seen your comments in somebody else's thread reiterating you would stop there and then if u had earlier diagnosis!

But now you have diagnosis your delaying stopping smoking until next week!!! Are you going to sue the nhs for that too??? For that's your choice!!!