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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
River82 · 22/02/2023 12:27

TheSnootiestFox · 22/02/2023 12:02

Right. That obviously makes it perfectly OK for them to screw up people's lives on a regular basis. Your attitude is exactly why the NHS gets away with treating lots of people like inconvenient lumps of meat. If they were held accountable a bit more then standards of care would probably be a lot higher!

Go private if you have that attitude.

TheSnootiestFox · 22/02/2023 12:31

River82 · 22/02/2023 12:27

Go private if you have that attitude.

I do mostly. Because after a life time of NHS fuck ups I'm not giving them further chances to ruin things even more! Jesus, we should be entitled to excellent health care from our 'Health Service,' not just class it as a bonus when it happens. The clue is in the name!

River82 · 22/02/2023 12:31

Karwomannghia · 21/02/2023 22:22

I think you should. Time and time again kids are being left to suffer on waiting lists and we’re all expected to just suck it up. Diagnosis should be faster. Nothing will change if we keep accepting it. However it will be stressful.

Left on waiting lists due to lack of funding and staff.

Doctors won't keep working in a high stress rule where they get sued often. The waiting lists will get longer.

River82 · 22/02/2023 12:32

River82 · 22/02/2023 12:31

Left on waiting lists due to lack of funding and staff.

Doctors won't keep working in a high stress rule where they get sued often. The waiting lists will get longer.

*role

TheSnootiestFox · 22/02/2023 12:38

River82 · 22/02/2023 12:31

Left on waiting lists due to lack of funding and staff.

Doctors won't keep working in a high stress rule where they get sued often. The waiting lists will get longer.

Well, of course these highly paid, highly trained professional people could always actually do what they're highly trained and highly paid to do, instead of just generalising about patients and telling them they're wrong about their own bodies/minds.

Moonicorn · 22/02/2023 12:38

TheSnootiestFox · 22/02/2023 12:31

I do mostly. Because after a life time of NHS fuck ups I'm not giving them further chances to ruin things even more! Jesus, we should be entitled to excellent health care from our 'Health Service,' not just class it as a bonus when it happens. The clue is in the name!

But nobody wants to pay more for it, or take any responsibility for their own health to keep it efficient and workable. So 🤷🏼‍♀️

TheSnootiestFox · 22/02/2023 12:40

Moonicorn · 22/02/2023 12:38

But nobody wants to pay more for it, or take any responsibility for their own health to keep it efficient and workable. So 🤷🏼‍♀️

Well currently I pay for private health insurance, have paid for three surgeries not covered by said insurance, and pay my NI towards the NHS. So if my NI was raised a bit to pay for better treatment I'd actually think I'd got a bargain! Although the NHS could just use the funds it does have more wisely of course.....

SoCunningYouCanStickATailOnItAndCallItAFox · 22/02/2023 12:45

Your poor son op. And all the battles you've fought for him. 💔
You and he deserved better. I hope his future is brighter and I'm sorry to great of what you've been through.
I don't know if I would sue. I'd want to.
Would I be likely to win, do I have the energy and what would it change from this point on (money for support maybe?) would be my main questions I think.

River82 · 22/02/2023 12:56

TheSnootiestFox · 22/02/2023 12:38

Well, of course these highly paid, highly trained professional people could always actually do what they're highly trained and highly paid to do, instead of just generalising about patients and telling them they're wrong about their own bodies/minds.

My sibling is an NHS surgeon and works ridiculously long hours. Often 24+ hours straight.

Psychiatrists have massive caseloads.

If he didn't meet the criteria at an earlier age, that was positive. Now he does, things might improve.

However, I know people diagnosed with autism very young who never went on to have jobs. A diagnosis doesn't change much.

TheSnootiestFox · 22/02/2023 12:59

But the hours and the caseloads are not the concern of the patients, all of whom deserve excellent care. I personally don't give a shiny shite how many hours someone works a week, when I see them I want then to do their job and know their stuff. If the NHS can't facilitate that, then it needs to change the way it does things.

LolaSmiles · 22/02/2023 13:06

I personally don't give a shiny shite how many hours someone works a week, when I see them I want then to do their job and know their stuff. If the NHS can't facilitate that, then it needs to change the way it does things.
Nice, you don't care how big a case load is, they should have the super human ability to ensure there's more hours in the week just for you.
🙄

There's an argument for increasing the number of clinicians and having reasonable working conditions because that is best for patients.

Instead you're busy suggesting that all these high paid people aren't doing their jobs properly and declare it irrelevant that there's more work for the clinician than there are hours in the working week.

kitcat15 · 22/02/2023 16:18

TheSnootiestFox · 22/02/2023 12:59

But the hours and the caseloads are not the concern of the patients, all of whom deserve excellent care. I personally don't give a shiny shite how many hours someone works a week, when I see them I want then to do their job and know their stuff. If the NHS can't facilitate that, then it needs to change the way it does things.

🙄

TheSnootiestFox · 22/02/2023 16:23

LolaSmiles · 22/02/2023 13:06

I personally don't give a shiny shite how many hours someone works a week, when I see them I want then to do their job and know their stuff. If the NHS can't facilitate that, then it needs to change the way it does things.
Nice, you don't care how big a case load is, they should have the super human ability to ensure there's more hours in the week just for you.
🙄

There's an argument for increasing the number of clinicians and having reasonable working conditions because that is best for patients.

Instead you're busy suggesting that all these high paid people aren't doing their jobs properly and declare it irrelevant that there's more work for the clinician than there are hours in the working week.

I didn't say that at all. It's the job of the employer to ensure it's employees are working a reasonable amount of hours per week in decent conditions, not mine. I was at a private hospital only last week for an appointment. Clean, on time, free hot chocolate in the waiting room 😁 polite and knowledgeable reception staff, non grumpy consultant that was on the ball and gave me all the time I wanted. And the daft thing was the NHS had paid for me to be there that time, despite me being very clear that I had insurance that would cover what I needed once I had an NHS referral, so a complete waste of NHS money but shows it can be done. And before anyone starts I couldn't then see a consultant on my insurance because I'd been offered an NHS appointment in the same hospital so I had to go with the NHS for that one, if I'd been offered an appointment in the nearest NHS hospital I could have opted out and the NHS could have given my appointment to someone else...... Genuinely don't understand the adoration of a system that's just not fit for purpose 😕

Hbee88 · 22/02/2023 17:52

Sorry but I agree with PPs, YABU. If the school is as bad as you say, they wouldn’t have put appropriate provisions in place even with a diagnosis, and SEND units are increasingly more difficult to gain a place in. Sorry OP. I would place your efforts in looking forwards and finding the support he needs now.

NeedToKnowMoreThanThis · 22/02/2023 17:57

No, I wouldn't sue. My son has challanges, and we have paid for 2nd and 3rd opinons (and many of extra tests and evaluations). I don't think you can blame the NHS or school to the extent that you can sue them. If you had tests results from other sources that directly contradicted the NHS assessment (as we did) then you could have kept pushing them to review again, but I don't think in this instance you have any grounds to sue. I hope things work out for you in the long run.

1Wanda1 · 22/02/2023 18:04

harrietm87 · 21/02/2023 16:22

The threshold for medical negligence is very high. It’s not my area but in order to succeed you’d basically have to establish that in the light of all the information and evidence that the relevant clinicians had or were able reasonably to obtain at the time, no reasonable clinician could ever have formed a view that he did not have ASD. To get any compensation you would then have to prove that outcomes would have been different if he had been diagnosed. Very difficult OP.

This.

Not a chance you would win a claim like this.

Goodread1 · 22/02/2023 18:04

No sorry
I don't agree,
I get understand your frustrations ect with the system,
It's sounds like his schools,was at fault mostly,with assessments unfortunately,

Focus on now on getting as much support out there for his diagnosis, in all various ways that is available out there Op,

88cheryl88 · 22/02/2023 18:05

your an absolute joke, and because this post isn't going how you want it your getting all shitty in your reply's!! get a grip!

Wiluli · 22/02/2023 18:05

Yes you try , contact a solicitor asap see where you can go from there . You are 100% right is feeling that way and yes they should be liable for their misdiagnosis

JustAnotherManicMomday · 22/02/2023 18:08

YABVU. The system is over whelmed. It took 7 years of fighting to get my son diagnosed. Even getting an assessment was refused. 3 attempts at an ehcp. Sewing only takes away more funding that means other children go without support. That's assuming you win and if not your wasting money.

Wiluli · 22/02/2023 18:11

LolaSmiles · 22/02/2023 13:06

I personally don't give a shiny shite how many hours someone works a week, when I see them I want then to do their job and know their stuff. If the NHS can't facilitate that, then it needs to change the way it does things.
Nice, you don't care how big a case load is, they should have the super human ability to ensure there's more hours in the week just for you.
🙄

There's an argument for increasing the number of clinicians and having reasonable working conditions because that is best for patients.

Instead you're busy suggesting that all these high paid people aren't doing their jobs properly and declare it irrelevant that there's more work for the clinician than there are hours in the working week.

She is right . Sorry but specially in care jobs , being tired is never an excuse . If people feel unwell enough to do their jobs and need to stay home .

AllyArty · 22/02/2023 18:11

No I wouldn’t. It’s such a subjective condition. It’s not like testing to see if someone is pregnant- they either are or they are not. ASD/ADHD is different and u might not win. It will cause huge family stress. And I think you should put your energy into the future not the past. Best wishes to DS.

Hippoh · 22/02/2023 18:12

It's the job of the employer to ensure it's employees are working a reasonable amount of hours per week in decent conditions, not mine.

So, you support the strikes for better working conditions, safer staffing levels and restoring NHS workers' pay... thank you x

Hippoh · 22/02/2023 18:16

@TheSnootiestFox

sorry, didn't get the quote right.

Bunnyfuller · 22/02/2023 18:24

It’s a hard diagnosis to make, there’s no point even trying. I have one DD, finally got diagnosed last year at age 17. We’d first raid it when she was 10. Anxiety, ocd and self-harm. Other DD a year younger, no ASD, anxiety….seems to be the way of things now 😞

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