to start a claim for medical negligence?

[tolittletoolate]

I suffered from Cauda Equina Syndrome in 2010 and it was missed by the hospital and not operated on and I'm now having to use a wheelchair. I also have problems controlling my bladder. It was only when I got a copy of my MRI scans and showed them to a different doctor and he spotted what was wrong, that was 2 years after it happened! I've been fobbed off with numerous things being told I had GBS/CIDP to MS and Fibromyalgia.
I'm in a lot of pain all the time with sciatic pain in both legs, stabbing pain, pins and needles and burning.
At the time 1 doctor said I needed decompression surgery but another doctor said it wasn't bad enough to operate on.
I take amitriptyline, naproxen, paracetamol, tramadol and codeine. Nothing really makes a difference I might as well be eating smarties!

I've been on a CES forum today and they have advised me to get a solicitor and start a claim.

"How much money would you need to make you feel better, how much would make your condition go away? Genuinely interested"

The condition won't go away. However, knowing a little about the way NHS services are, the OP could, for instance, fund a wheelchair suitable for inside and another suitable for outdoors. The NHS will only fund one wheelchair.

I don't get the argument that you shouldn't claim because money won't make your condition go away. It certainly won't. However, OP is in a wheelchair and incontinent when, possibly, she would not have been but for a doctor's negligence. That will affect her earning power, and will mean that she will need adaptations to her house and the help of carers. All of that will cost money. If her condition is the fault of a negligent doctor, why should OP bear that expense or be dependent on the state? As for the suggestion that the NHS will lose out, that's why doctors have insurance.

nenny the NHS self-insures, ie it pays no premiums, but the government covers the cost of all claims - ie the taxpayer pays

I don't think you should unless you really, genuinely and objectively need to.

The NHS is at breaking point and suing for the mistakes that an already financially overstretched health service makes is going to further increase the chances of future mistakes.

Vicious circle

nenny the NHS self-insures, ie it pays no premiums, but the government covers the cost of all claims - ie the taxpayer pays

That doesn't really address nenny's point (and is wrong btw). There are inevitably additional costs associated with this condition - why should the OP meet those costs if she can prove negligence?

It irritates me when people say the NHS shouldn't be sued. When it is, the NHSLA uses some of the most expensive lawyers in the market and has no hesitiation in passing those costs on to the claimant if is successful.

OP - I am a lawyer who almost brought a negligence claim against my NHS hospital (but bottled it, for the reasons a PP mentioned). I think you should do it or you will always wonder "what if" particularly if (God forbid) your condition further deteriorates. It's better to start proceedings within the limitation period because that is the one thing that won't change. (I actually thought the limitation period for tort was 6 years, not 3 - happy to be corrected though).

We are hearing way too many stories like this at the moment. :-( Best of lucj whatever you decide to do

thank you for all the brilliant advice. I will certainly speak to someone who specialises in this sort of thing.
Like a pp I was dismissed by a neurologist who told me I was depressed and that was when I was in hospital paralysed. He wouldn't listen to anything I said and judging from some of the things he said and some of his team I'm quite convinced that he wasn't even looking at my records. Things like I have had trouble walking since I was a child for example! I was told I was a liar about that btw!
Also I had some scratches on my arm from my horse shying away from something and going under a prickly tree when I was riding him 2 days before and he said I had been self harming.
He was so arrogant and rude to me that even when someone on his own team said something about my back and the lack of power in my legs he shouted at them that it was normal.

I will be contacting a specialist firm tomorrow.

The NHS is at breaking point and suing for the mistakes that an already financially overstretched health service makes is going to further increase the chances of future mistakes.

So someone who has been left in a wheelchair and in constant severe pain should simply suck it up for the good of the NHS? If the service is overstretched, that is an issue for the government, not people who are harmed by their negligent employees.

I think the claim would depend on whether you presented to the hospital in 2010 with any of the red flag symptoms of cauda equina - for examples bladder dysfunction, faecal incontinence, numbness in perineal/perianal area or severe neurological signs in your lower limbs. If you did present with any of these and the diagnosis of cauda equina was not considered, then I think you would have a shot at claiming.

I agree with nennypops

If the NHS has left someone in a wheelchair and incompetent due to bad medical care, I think it's absolutely right. Just because it's the NHS does not make it above the law and unaccountable for incompetence.

I hate this 'oh don't complain/ sue/ insist on your rights' etc nonsense as if the NHS is so fragile and that person will somehow be selfish and responsible for bringing it down.

No no no. If the NHS won't / can't give adequate medical care then the government should be over hauling it. Individuals should not be suffering just to tip toe carefully around the sacred nhs.

Possibly people cannot imagine what becoming severely disabled feels like, does to your life, your identity and ability to function. Then add to that the knowledge that it shouldn't have happened in the first place...

Best of luck, tolittle.

Unfortunately, sometimes an expensive lawsuit is what it takes to force management to fix things. It feels awful taking money out of the NHS, but this neurologist may be costing the country more in the long run, quite apart from your suffering. You can hardly be the only person he's behaved like this to.

Yes, the NHS is at breaking point.

But if nothing else, the Trust needs to make sure that errors like this do not happen again.

Op is going to need specialist care for the rest of her life, which may or may not need to be paid for privately. She will need practical input, such as modifications being made to her home - widening doors, lowering work tops, grab rails. This does not come cheap, and you can bet your arse that not all,of it will be given to her for free. Then here are things like transport - perhaps a modified car so that she can live as normal a life as possible. Again, she is going to need the funds to buy this. Then is the limited earning potential - even with all the equality laws in the world, op may not physically be able to work. So what would you have her do? Live on the breadline, potentially in poverty, potentially because someone fucked up?

The situation in acute trusts at the moment is utterly dire. However, so much money is spent on reviews and consultancy fees instead of at the front line (not only drs and nurses but also competent admin staff) that patient care is fast becoming bottom of the priority list. Trusts are now being run as businesses. However this situation should not be used as an excuse that is given out, essentially saying "we may have fucked up, but we're poor so take pity on us and just live with it and go away".

YoungGirlGrowingOld, the limitation period for tort is usually six years but it's three for personal injury.

You are incorrect to say that the NHSLA uses some of the most expensive lawyers in the market. The rates paid by the NHSLA to its panel lawyers would not induce the likes of Stewarts or Irwin Mitchell to get out of bed in the morning.

Just noticed that this thread is slightly zombified.....

Just came across this thread - these guys say there are exceptions to the claim time limit. www.legalexpert.co.uk/how-to-claim/medical-negligence/ My friend used these for her medical claim and she was able to claim more than three years - but I’m not sure whether that was because she was younger than 18 when it happened initially. I’d give them a ring and ask - it can’t hurt

ZOMBIE THREAD

Hi I know this was 11 years ago but wondered what the outcome was, I am going through something kind of similar in August I was at the hospital for a pain in my leg I got 2 MRI scans one with and without contrast dye, I was told I had a tumor on the spine (that was it just a tumor nothing else) this had apparently been picked up in a scan in 2014 but was never communicated to me. I got referred to neurology where I was told I have a form of Spina bifida which is congenital and I've had it since birth , tethered cord and a conus lipoma she went into detail about it. I have had 3 bladder stretches since this which has all been a result of the tethered cord. This being picked up and acted up on in 2014 would of saved me 3 bladder stretches, I had surgery in September which I was told was successful but there was nerve damage resulting in me having a permanent foot drop and reduced sensation to my leg. While in hospital the staff told me they had put the shower chair in place for my shower no one supervised me even though I was doing physiotherapy and had a Zimmer, I ended up falling and hitting my back In the shower. The nurses who helped me did not report this to the charge nurse or doctor and failed to bring me painkillers when asked. I had another MRI in hospital and was told all was fine, When I got discharged I noticed my dressing was covered in fluid so it resulted in me returning to hospital to be checked where a different surgeon told me I had lots of fluid under my incision which was picked up on the MRI again no one told me about this and I ended up with an infection in it. A few weeks after being discharged I started to get some leg pain which was new I went to my doctor who informed me that the nerves had not fully been detethered and some were still stuck ( this was never told to me after surgery I was advised it was all fine and they remember 50% of the lipoma) which had actually only gone down from 13/11 to 9/7 so not halfed in size. I'm now waiting another MRI scan. I don't know if I should contact a solicitor or where I stand with this