AIBU to sue the NHS for medical negligence in which my Dad died.

[Fedupofdiets]

My beloved Dad died last year from multi-organ failure due to sepsis and DKA (diabetic ketoacidosis) in an NHS hospital. We had take him to hospital with a deteriorating foot wound secondary to his diabetes and staff failed to spot the signs of sepsis and also failed to do a blood test and discharged him home despite a high blood sugar reading and known cardiac issues. He was readmitted 2 day later as he deteriorated and died from multi organ failure. I raised a complaint which then turned into an investigation from which I had the report in November. I have only recently been able to bring myself to read it - they admit that had had they treated him on the first admission there is a chance his death could have been avoided (the report is very long and very technical but I am a HCP so understand what happened).

I have contacted a Solicitor and given the info they have said that there is evidence that would support a claim of litigation against the trust. I am however in two minds whether to pursue it, on one hand I don't want to add to my pain (I will be the driving force behind the claim my siblings do not know although my Mother fully supports it). The other part of me wants my Fathers name on their lips - he was in his 60s and did not deserve to die alone without his family due to their negligence. My Mother is also working FT in a minimum wage care job (70 this year) and hell yes any money would be great for her.

So my question is WWYD leave it be or pursue a claim?

@Youcannotbeseriousreally in the past, I would have agreed with you

Now, I'm more inclined to think that a claim = expensive to settle = money talks = things change for the better. OTOH, no claim = it keeps on happening

So sorry to hear about your lovely dad OP

My DM was quite ill Christmas 2020. After several courses of antibiotics for a UTI she was advised by her GP to present to A&E. He phoned ahead and told them she was in her way in. She stayed in one night on IV antibiotics and was discharged.
She still wasn’t well.A few days later she got a call from her GP asking her to go in for blood tests. He was concerned (after reading the discharge letter) that she was only in one night with sepsis. This came
as a huge shock to DM as no one had told her she had sepsis. GP was livid. Blood tests showed her infection markers were all over the place. She was re admitted and kept in for a week.
The GP actually visited her at home to see for himself how she was. He told her she was lucky to still be here!
Edited to add DM has leukaemia so v v vulnerable.

Tbh, I'd argue the moral thing is to sue them. It's because of cases like this that change is implemented.

This can't happen to someone else's parent.

You absolutely should. At the very least it should lead to proper learning across the trust.
the money set aside for compensation isn’t directly taking from frontline services so don’t worry about that.
min sorry you lost your dad. But you still have your mum and this would make her life easier. I would do it

It will be the Trusts insurance that pays out. It’s not taking money from the NHS. That’s just a thing people use to try and guilt trip other people who are and have suffered out of it. This is what the insurers are for.

My dad died from negligence in a very well known hospital. He was only 55. As a family we thought long and hard about it and lodged a complaint which was upheld but we didn’t sue

Having seen the time and energy and stress taking on the NHS causes , I would just caution wether you have the mental stamina to make it through . I don’t judge either way , it’s just something to decide , as in the cases I’ve known it’s been something that has taken over huge amounts of their time , energy and taken a large toll. A very close friend who lost his Dad went through a few years of a claim and two sets of legal firms , before giving up . A family member also went through several years of a claim and multiple legal changes although she did receive compensation in the end . In my own case I chose not to pursue for my own reasons .

Im a nurse too , and id say do it. NHS is on its knees agree, they have reduced safe staffing levels on wards which was a struggle before and now unsafe and puts all staff under pressure. Our trust have suspended all ward moves and recruitment and banned agency to fill gaps in rota , we just have to manage. Its no surprise things like this occur. I dont know the answer to solve these things being missed and im so sorry you lost your dad so soon 😔If it helps financially with your mum then at least that's something X

So sorry for your loss op.

I would do it for four reasons:

• a sense of justice for your dad
• potential much needed money for your mum
• the case being documented and going on record again and the internal investigation not being buried and devastating mistakes like this highlighted and focused on.

@Allthecatseverywhereallatonce Basic mistakes - no bloods on a patient with a cardiac history, potential sepsis, potential DKA. His CRP was over 400, his troponin levels close to 4000 when he was taken back in 2 days later, EGFR low, WCC high basically multi organ failure. Vascular reg did not x-ray his foot, no pulses checked. If I showed you the photo of his foot you would likely throw up yet he was told (and I have it documented) there was no deterioration evident. The whole assessment was rushed, inadequate and a farce.

Also on the RCA I have the record of them planning to amputate his leg the day after - sadly he had a cardiac arrest the night prior and died alone in ITU with none of us there. Yet his foot was ok apparently....

That's poor. Suing is hard, takes a long time, and badly affects your MH, but if you know that, go for it.

The NHS is in an absolutely terrible state, it appears to be operating as though we were in some sort of wartime environment - do the basics, get them out the hospital bed asap. There are making mistakes left, right and centre. This is my experience. They are causing more issues than they are fixing.

You would need to drag me kicking and screaming into a hospital even if I were dying. I don’t trust them. Staff don’t care, unless you have one of the Outstanding hospitals on your doorstep where the mentality is different. Even then if it’s not an emergency, waiting lists are even longer for treatment as everyone wants to be treated at the good hospitals. It shouldn’t be a postcode lottery as to the quality of the Trust that you’re left treating you. It needs a radical reform.

I’m now minded that the only way this reform will happen is if Trusts are held to account in the courts. Of course they pay their insurance for negligence claims and this is below 5% of their budget I believe so at the moment they don’t care about incompetent or overworked staff. If the negligence insurance premium was a higher percentage of budget then they would need to review! Also the more bad press they get the better.

The negative impact the NHS has had on my life this last 18 months is off the scale.

They have insurance for this. If someone was driving carelessly and hit your car and wrote it off, would you consider claiming on their insurance to be “robbing them”?

Agree.

Very good point

@LeroyJenkinssss Interesting as i had that conversation with the Solicitor on Friday. It will be a helping factor that my DM is now having to carry on working at 70 as he died taking a pension etc. She did explain the way claims like this work and whilst I do appreciate it may be a low sum it really really isnt about the money as I truly don't expect much it is very much the principle.

I am very angry at myself though for 'allowing' this to happen and that very much clouds my judgement on it.

My understanding is the money for claims does not come the general NHS "pot". It comes from insurance payments (?public liability insurance?)

OP if you decide you don't want to sue, at least complain and it can be used to improve training.

I'm sorry for your loss x

I used to be very much don’t sue the NHS. I think you should. Your Dad died prematurely & I would in your position.

Sorry for your loss, I can see why you’re angry & heartbroken💐

You don’t need to xray a foot with diabetic foot sepsis in the first instance . You give antibiotics and drain collections / excise necrotic tissue as required. X-rays are to look for osteomyelitis often in chronic ulceration to determine the duration of antibiotics .

Yes, I think you should sue. They will probably settle anyways. Your poor dad deserved better!! If it leads to a better outcome for another patient in the future it will be worth it.

I do think in your situation if the RCA has found serious failings then compensation would be justified.

Yes make a claim. Don't be made to feel bad by people saying it takes money away from the trust. It is two different issues. Cases like this need to be highlighted and some sort of compensation made. The finances of the trust is not the patients problem. I am sorry for you loss.

Im sorry you have to face this OP.
I’m in two minds. The NHS was negligent and deserves to be called to account, maybe negligence is the only way.

OTOH So many relatives want to know what happened to their loved ones when something goes wrong. They want to know what happened, what has been put in place and a sincere apology. the start is the letter you got.

For years relatives felt fobbed off because the hospital legal team ordered nothing be disclosed that might indicate negligence so relatives met a brick wall because they would be sued.
This sort of court case would sort of prove that correct.
It is correct the NHS do not pay directly but Health funding will be paying the insurance premiums.

I haven’t lost someone to negligence though.