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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want to sue the NHS for not diagnosing Autism

398 replies

HufflePuffllePuff · 21/02/2023 16:07

DC had full assessment at age 11, told did not have ASD. Assessment was a 2 years to wait, should have been referred earlier but school negligent and wouldn't refer.

Later reassessed at age 17 (after another 2 year wait) and told clearly does have ASD.

That they didn't get a diagnosis at age 11 (just started secondary school) has had a massive impact on education and has led to where we are now. No qualifications, no skills, no hope of a job, debilitating mental health issues, no living skills, spends most of the day in bed, won't go out due to social anxiety.

Now I can understand that in some people ASD is diagnosed late as it hasn't been picked up on.

This was though.

I knew from around age 2 but HV fobbed me off. GP said school must refer when issues started immediately after they started. School refused to refer until they were 9 because they decided he was immature and naughty.

Full assessment was done at age 11 but was told they 'didn't meet criteria' and why did I want a label anyway <side eye>. At 17, doc said he was very surprised at previous conclusion.

3 year time limit to sue is very close.

Would you?

OP posts:
BillLius · 21/02/2023 16:08

No.

Findyourneutralspace · 21/02/2023 16:10

No. I understand your frustration as I had the same experience with my son and ADHD but there are so many factors to consider in an assessment, particularly for ASD.
I’d put your energy into finding him the best support now 💐

Original poster
HufflePuffllePuff · 21/02/2023 16:10

BillLius · 21/02/2023 16:08

No.

Care to elaborate?

How can this meet the definition of negligence.

DC didn't catch ASD or develop it later on!

OP posts:
Wanttothrivenotsurvive · 21/02/2023 16:10

Absolutely not

Original poster
HufflePuffllePuff · 21/02/2023 16:10

Sorry meant NOT meet the definition of negligence.

OP posts:
Wanttothrivenotsurvive · 21/02/2023 16:11

What would you be suing for?

BillLius · 21/02/2023 16:11

No.

Original poster
HufflePuffllePuff · 21/02/2023 16:12

Wanttothrivenotsurvive · 21/02/2023 16:11

What would you be suing for?

Negligence

OP posts:
WetBandits · 21/02/2023 16:12

No. Would it change your son’s diagnosis? He may well have faced the issues you describe even if he’d been diagnosed as a young child.

JustHereWithMyPopcorn · 21/02/2023 16:13

No, it sounds like the school was at fault more than the NHS. I am assuming the tests they carry out are fairly standardised and if your DS did not meet the criteria when the testing was being done then they would not have diagnosed him with ASD?

GhostCastle · 21/02/2023 16:13

No.

mumofteenss · 21/02/2023 16:13

An assessment wouldnt have necessarily changed that outcome. My ASD child left school with very few qualifications, suffers from anxiety and MH issues despite his diagnosis, he went through periods of self harm, refused to leave his room, had aggressive outbursts, i still take on alot of his life skills but managing some is recent developments. Its taken a lot of work from him, from me, i pad for private counselling with someone experienced in ASD teenagers, and now at nearly 20 his life is on track. You cant hold one lack of diagnosis responsible for his entire life so far.

So yes, unreasonable to consider suing the NHS.

bellac11 · 21/02/2023 16:13

What is it you think would be different if he had received a diagnosis at 11?

Its not guaranteed his outcomes would be different to how they are now.

I suppose the NHS could also make the argument that the original outcome of the assessment at 11 is correct and the one which diagnosed him is flawed.

yeetingbird · 21/02/2023 16:14

YABU op, sorry.

I have autism (diagnosed as an adult) and I still think you're being unreasonable.

NoSquirrels · 21/02/2023 16:14

I don’t think I you’d have a hope in hell of winning that case.

I understand your frustration but you’d be better off pouring any resources you have into helping your son go forward in life.

Skiphopbump · 21/02/2023 16:14

Getting an ASD diagnosis isn’t clear cut.
I have a friends DD who had a screening by a psychologist who stated likely ASD. A private assessment concluded she didn’t meet the threshold so didn’t get a diagnosis. Then her DD was assessed by the NHS and given a diagnosis (all done within about 18 months).

It’s awful that your DS didn’t get the support he needed. His support should have been based on needs rather than diagnosis.

Pinkdelight3 · 21/02/2023 16:15

I don't know how you'd begin to prove that the people doing the full assessment were negligent. They looked at the evidence at the time and it didn't fulfil the criteria. You presumably accepted that as their conclusion rather than challenged it at the time - which is understandable, but in that same spirit, how would you be able to challenge it now? The current conclusion is based on different evidence that the first doctors didn't have. Unless you can show they didn't follow the process, then I'm not sure you'd have a case?

BodyShapeWoes · 21/02/2023 16:16

See now I would consider it, it may have been your child was given extra help at school (echp??)

I am not sure you’ll win but look into it if you think it’s the right decision

Flamingogirl08 · 21/02/2023 16:16

No because diagnosing isn't as simple as doing a blood test or xray. Unfortunately it's complex and in some ways subjective. Also I'm not sure just having a diagnosis would have made a massive difference in the outcome of his Education.

LivesOnPigeonStreet · 21/02/2023 16:16

No!

Prinnny · 21/02/2023 16:16

Yeah good luck with that one OP 🙄

butterfliedtwo · 21/02/2023 16:16

Pinkdelight3 · 21/02/2023 16:15

I don't know how you'd begin to prove that the people doing the full assessment were negligent. They looked at the evidence at the time and it didn't fulfil the criteria. You presumably accepted that as their conclusion rather than challenged it at the time - which is understandable, but in that same spirit, how would you be able to challenge it now? The current conclusion is based on different evidence that the first doctors didn't have. Unless you can show they didn't follow the process, then I'm not sure you'd have a case?

No. Agree with this.

Nothappyunlessyourecomplaining · 21/02/2023 16:17

why didn’t you ask for reassessment?

HV told me DS was fine.
School told me for 3 years DS was fine.
Finally school referred.

They then diagnosed ADHD but said no ASD. We wrote and said we disagreed and asked for him to be reassessed, he was and was then diagnosed ASD and given a dual diagnosis.

Tbf having the label has made no difference and he got no support anyway, despite us constantly battling to get him help. It has also hindered him in that he feels he’s judged and gets very angry if anyone mentions he has ASD. I don’t know that your DS not having a diagnosis has been detrimental when I know that having the diagnosis has been detrimental to mine. Do you have the funds to Sue the NHS? They will have a lot of expert lawyers.

Downtown123 · 21/02/2023 16:17

You could ask a solicitor but I highly doubt you would find someone to take on the case. What did they say when he was 11 and you disagreed with the decision? did you go for a second opinion

Stomacharmeleon · 21/02/2023 16:17

I had very high grounds for suing the nhs connected to my sons treatment for asd (he spent his formative years in a forensic psychiatric unit) and I got no where. With a big firm behind me.
I know you are upset but I warn you it's stressful, horribly time consuming and your energy is better directed at getting him the help he needs now.