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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To effectively sue the nhs :/

184 replies

HarriwithanI · 01/12/2022 01:52

This is mega outing with my name and condition, If you know me please respect my privacy.
I work for the nhs but also been neglected massively.

after 10 days in the hospital I work in I lost all feeling from my hips down (couldn’t feel when I needed to wee or walk) was told it was my mental health and functional. Blue lighted to a specialist hospital turns out ecuda equida and basically I’m extremely lucky not to be paralysed.

WWYD? Feel so let down and when at a low emotionally and physically time everything was put down to weight and mental health when it was something that could’ve been/is seriously life changing. I don’t want it happen to anyone else

OP posts:
Angrymum22 · 01/12/2022 03:09

Do you mean cauda equina?

Before attempting to sue the NHS contact PALS and ask for a review of your treatment. I assume from your post you are a non/ medical member of staff. I think you would benefit from an opportunity to discuss your case. Cauda equina is difficult to diagnose but it sounds like you eventually were diagnosed and avoided permanent damage.
Litigation can often take years, particularly if it defended, and indemnity companies are now starting to defend a lot more claims particularly where no permanent damage results. So you may find yourself waiting for a number of years for any financial payout.
However, if you just want to make sure it doesn’t happen again ( it will have been recorded as a never event and discussed at dept level and above) then a complaint is appropriate.
A medical negligence solicitor will be happy to take your case on a no win no fee ( if eligible) because they will be paid either way. It does not necessarily mean you will win, negligence can be difficult to prove if no permanent damage results.

MakeMineALarge1 · 01/12/2022 03:12

Were you already an inpatient when you started suffering symptoms.
Sorry your post isn't clear.

MakeMineALarge1 · 01/12/2022 03:14

The inability to feel yourself urinate and numbness is a medical emergency , it could also be related to metastatic cancer.
Had you wet yourself?

Original poster
HarriwithanI · 01/12/2022 03:50

Sorry I’m literally just post op so full of meds. I just don’t want it to happen to anyone else.
I work in a general A&E low grade medical staff, by no means a dr.
worked a shift - following day retention and saddle numbness, had scan which showed l5 s1&s2 disc impingement but told it was functional resons I couldn’t wee and to try poo. This was a non spinal unit. On the Friday told the dr things not improved, monday finally had examination, urgent mri, within 10 mins told equda Equina (sorry unsure of spelling) sent to a spinal unit on blue lights and had immediate surgery.

i had an apology being viewed as a “mental health” case from some staff involved. As you can see there’s was a lot of time in the last 10 days wasted.

theres even more I could add but I’d rather not as it’s exposing enough as it is. I’ll get in contact with Pals :)

OP posts:
DeFacto · 01/12/2022 04:00

@HarriwithanI so you were eventually correctly diagnosed and treated appropriately?

What would I do?

Nothing.

You're OK aren't you?

Original poster
HarriwithanI · 01/12/2022 04:05

@DeFacto - eventually treated correct after 10 days made to feel I was going mad
I do see your point though

OP posts:
Lineeyes222 · 01/12/2022 04:15

It doesn't sound like you have a case for suing them. You were correctly diagnosed and treated. There are no long-term consequences caused by anyone's actions. Why on earth would you think to sue?!

If you feel any doctor treated you without respect or in a non-professional way, then you should make a complaint about it.

Original poster
HarriwithanI · 01/12/2022 04:18

I’ve perhaps gone thinking about this wrongly and happy to admit that

OP posts:
rippleraspberry · 01/12/2022 04:38

I don't know if you would get anywhere suing them from what you've said, because you were (eventually) diagnosed and treated.

What you should do though is put in a formal complaint and also demand that you are informed of the outcome i.e. that it has been discussed at a senior level and plans put in place to avoid it happening again.

It is awful to be told your condition is mental health when it is actually physical, and it happens far more often than it should. Please do speak out about it.

BlueBellIris · 01/12/2022 04:40

I wouldn’t do anything at the moment. You are in the early days of post op recovery from an incredibly serious condition.

You are right to be angry/upset that your condition was misdiagnosed originally. Delay in diagnosis in Cause equina cases is a common clinical negligence case, because the consequences can be so serious if not treated quickly.

I would focus on your recovery now and then speak to your union if you are in one (they usually have a legal advice helpline).

Then you really have 4 options (and you can complain and litigate):

  • do nothing
  • put a concern in through pals
  • formal complaint
  • Litigation

Just because you are an employee of the nhs does not mean you can’t sue them.

The NHS is great, but when things go wrong people are entitled to compensation. This suggestion they should almost be ring fenced from complaints/litigation is illogical. They have a duty of care to patients and if that it is breached then they should remedy that.

Mintyt · 01/12/2022 05:08

I think I would want acknowledgment that I wasn't treated as well as I should have been, and raise to prevent it happening again, your feeling are very valid, I would refer to PALS but not sue, there is a very good thread in AMA from a solicitor who defends when the NHS is sued, maybe you could ask them,

Passthecheeseboard · 01/12/2022 05:09

You should totally sue , I would … how else are they going to learn? And it’s the best way to stop it happening again to someone else

Jaybird43 · 01/12/2022 05:10

Sorry to hear you are unwell, @HarriwithanI. As a PP said, speak with pals / your consultant to find out exactly what went wrong to have been given such a misdiagnosis. Did they have the correct info to diagnose you? Who was it that said it was your mental health? Were any tests carried out when you said you couldn’t feel your hips? Lessons need to be learnt, especially since you almost lost your ability to walk!

IME with the NHS (and I work there), sometimes mistakes do happen and it can have a devastating effect. At my 12 week pregnancy scan, I was told my DD would be born dead / had a huge risk for Down’s syndrome / Edwards / Pataus due to a high nuchal fold measurement. I was not offered a re-scan, refused bloods and they wanted to book me in there and then for a termination. I insisted on bloods - literally SCREAMED and sobbed - they reluctantly agreed. This showed Down’s syndrome risk as 1 in 19 and they still advised termination. I refused and asked for an amniocentesis - I’ll always remember the consultant doing the amnio and she said DD was fine (!) and this was confirmed by amnio. So, I would’ve terminated a HEALTHY and much wanted pregnancy all because they initially wrote me off and didn’t want to do a basic blood test / rescan. It makes my blood boil when I think of it, especially as DD is such a joy.

Please do flag this with PALS, and make sure you are heard. Sending you healing strength xx

AccioChocolate · 01/12/2022 05:14

No one will agree with you as the NHS is sacred, even when it's dangerously wrong.

The NHS has insurance and suing when necessary teaches those involved they will be held accountable if they don't provide proper care. It's a good thing.

If you can't do that the NHs will not be fit for purpose.

Redsquirrel5 · 01/12/2022 06:05

Jaybird
A similar thing happened to me. Bloods which I requested as standard in Scotland when DS3 was born led to ‘opening a can of worms’ - Consultant.
Results meant second testing and came back high. Rang college and had an anaesthetist waiting to do an Amniocentesis. I was 21weeks.Just after I got there a nurse spoke to me about procedure and then mentioned abortion. I said I wouldn’t want that then she lectured me about spina bifida and what life would be like with a child with disabilities.What she didn’t realise was I was an NNEB Dip student and my sister had been in hospital countless times with a curvature and on a ward with children with Spina Bifida. Nurse was really huffy and told me no point in having procedure. I wasn’t sure if I wanted it. I had been given about 40 minutes notice. Tutor even released a friend to go with me. Consultant was lovely and I had Amnio on his advice. At least I would be prepared and could have time to prepare my other children that baby might have disabilities or not survive. My first sister didn’t survive and I still carry that sadness. My results were back at 25 weeks. Luckily clear. Baby was born with a dimple mark at full term. Consultant came to see me and baby after delivery.

OP it sounds awful for you and so worrying. Mental health- what they put you through was a strain on your mental health. I would just say take good advice from a good firm of solicitors with a medical negligence solicitor. NHS will have a very good legal team and you can risk losing everything. I once sued for an RTA against a large company. I couldn’t risk losing in court and settled for a small sum out of court. Could have done with a better solicitor!

YumSushi · 01/12/2022 06:20

I can see why you are angry. You have been given good advice by other posters but I would add that if you are a member of a union it might be worth contacting them if you feel it was caused by your work. Just in case they are needed later

EdithDickie · 01/12/2022 06:30

Angrymum22 · 01/12/2022 03:09

Do you mean cauda equina?

Before attempting to sue the NHS contact PALS and ask for a review of your treatment. I assume from your post you are a non/ medical member of staff. I think you would benefit from an opportunity to discuss your case. Cauda equina is difficult to diagnose but it sounds like you eventually were diagnosed and avoided permanent damage.
Litigation can often take years, particularly if it defended, and indemnity companies are now starting to defend a lot more claims particularly where no permanent damage results. So you may find yourself waiting for a number of years for any financial payout.
However, if you just want to make sure it doesn’t happen again ( it will have been recorded as a never event and discussed at dept level and above) then a complaint is appropriate.
A medical negligence solicitor will be happy to take your case on a no win no fee ( if eligible) because they will be paid either way. It does not necessarily mean you will win, negligence can be difficult to prove if no permanent damage results.

A solicitor acting on a no win no fee basis wouldn't get "paid either way", the clue is in the name.

OP so sorry to hear of what happened. Saddle numbness is big red flag for cauda equina. Would second the suggestions for PALS, complaint and then possibly speaking to a lawyer.

Wishing you a swift recovery.

kateluvscats · 01/12/2022 06:31

AccioChocolate · 01/12/2022 05:14

No one will agree with you as the NHS is sacred, even when it's dangerously wrong.

The NHS has insurance and suing when necessary teaches those involved they will be held accountable if they don't provide proper care. It's a good thing.

If you can't do that the NHs will not be fit for purpose.

They don't have insurance it comes out the general pot.

WonkasBooboofixer · 01/12/2022 06:32

So you spent 10 days I hospital before being diagnosed with a very rare and complex illness which resulted in you being transferred as an emergency case to a specialist facility. What part of that makes you think you can sue? Sounds like the way the system is supposed to work

LeroyJenkinssss · 01/12/2022 06:39

Hang on. The OP is immediately post op so long term consequences can’t be ruled out (sorry @HarriwithanI ). Delays in the diagnosis most certainly do affect outcomes and cauda equina cases are the most expensive.

can I ask the scan you had was it an mri? Was it discussed with the spinal service? If CT then definitely inadequate investigation. If MRI then it becomes more difficult as the gold standard investigation was done immediately.

It’s complicated but certainly your case isn’t one I’d be surprised if litigation followed. We’re you under orthopaedic team?

Lonecatwithkitten · 01/12/2022 06:40

To have a good case there needs to be a mistake that has changed your medical outcome. As you have been diagnosed and treated even if slowly this is less likely. US law has Tort - you can sue for ' pain and distress of situation, Tory does not exist in UK law.
I agree with others complaining through PALS is your best route.

LeroyJenkinssss · 01/12/2022 06:41

And no, a 10 day delay in the delay in diagnosis is not how the system is supposed to work. With red flag symptoms, MRI is to be done immediately with transfer to specialist centre and operation within 12 hrs is how it supposed to work.

RedHelenB · 01/12/2022 06:43

HarriwithanI · 01/12/2022 04:05

@DeFacto - eventually treated correct after 10 days made to feel I was going mad
I do see your point though

So you couldn't walk or pee for 10 days? And you weren't examined in that time? You were just kept in a bed?

MeMyBooksAndMyCats · 01/12/2022 06:45

No you was diagnosed correctly and sorted. No long term lasting effects so no don't sue.

flamingogold · 01/12/2022 06:48

MeMyBooksAndMyCats · 01/12/2022 06:45

No you was diagnosed correctly and sorted. No long term lasting effects so no don't sue.

She doesn't actually know that yet.