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?

Glad you have such a robust rationale😂

If you work in the NHS you know how understaffed undersorpted we are my father died 6 years ago same sort out report you got he possibley would off lived if xyz was checked so this was done don't have £££ in your eyes let your father rest in peace

I am currently pursuing a claim against my local NHS trust for the consequences of a misdiagnosis and two years of unpleasant treatment I did not need.

As others have said, damages paid in cases of negligence come out of a different pot, so do not detract from money available for patient care.

As it happens, I have past experience of the legal process from work, so I am finding it pretty easy, and I like and have confidence in my solicitor as well, which helps. However, if you are not familiar with the legal process, it can be very stressful and this should not be under estimated.

It is notable that the Trust failed to co-operate with me from the point where I asked for my notes onwards and their solicitors are now behaving extremely badly.

Definitely go ahead the NHS is an absolute joke. This happens a lot and not due to lack of money it’s an untouchable machine that needs to change asap.

We sued. We had a solicitor who recommended we buy an insurance to pay costs if we lost. We did and they settled out of court. We felt justice had been done and a bit of cash for our MIL. The information we found on file from arrogant medical staff when we received the files through Freedom of Information request was terrible and upsetting. So be prepared to see that. But I’d do it again

Sue them!

Having RTFT it really does sound like gross negligence on the part of the trust. The National Early Warning System for sepsis is very simple to follow and yet it seems like in the trust totally failed him.
I understand your hesitancy. Suing the NHS diverts funds away from patient care. However, it us seemingly the only way that anything actually changes.
The NHS is under relentless pressure, it's underfunded and overstretched. But that does not excuse shit clinical decision-making a failure to follow the most basic of national guidance. In your shoes, I'd sue.

I have some experience of this in relation to regulators, GMC and NMC as the main medical ones. In your position I would do the same, I'd sue and also refer to the regulator - but be aware that the entire thing is incredibly frustrating. A trust will often settle early, and by the time it reaches a fitness to practice panel you often find that the trust has closed ranks, it will be many years later, and you are a witness not a party to the case. A lot of my witnesses often feel very flat at the end of a case even if it's the result they hope for, and the anger doesn't always go away. Sometimes it gets worse when they find that the trust has 'lost' documents or they feel the regulator has under charged. So I wouldn't discourage you from doing it but take care of your own mental health while you do.

Can I ask if you sued for this? What was the outcome? We are currently going through an investigation for something similar and not sure yet how to proceed. Thanks

I'm a former staff nurse. What you describe is an appalling lack of care and treatment. I understand why you must be so angry and inclined to sue.
So sorry for the loss of your Dad and wishing you and your Family well as you approach What you need to do next.

We sued and then settled. We rejected their first offer as it was offensive, but we settled on the second. It was more about getting something to help MIL.

I would make the claim. Your dad was only in his 60s and could have had many more years. I'm so sorry for your loss and although this action won't bring him back, I can understand that this feels like the last thing you can do for him. It's not about the money but if it can provide your mum with a bit of security and comfort, it'll be worth it. Again, so sorry for the loss of your beloved dad 💐

OP, so sorry for your loss. Your poor dad. 😕
I have similar dilemma...had investigative report from hospital last year, following a complaint about my DM's hospital treatment. I've managed to skim read it but still haven't been able to fully digest the whole thing. My DM didn't die but became bed bound as a result of errors made by more than 1 individual. She can no longer walk, needs nappies and has carers visit 4 x day. And this was someone who was fully independent and able to do everything for herself.

From my skim read of their report, they admit mistakes. I know I need to take it further because her life has changed beyond all recognition, as has my DF's life as he is her full time carer (at age 78!). They can't get away with it, I can't let them but the thought of picking up that report and reading through it, re-living the last 2 years of horror makes me physically sick.

I need to be brave, for my lovely DM and speak to a solicitor to see how to progress.

Good luck in your endeavours and I hope you have support IRL to help get you through.

Don’t do it, it will drag on, you will have to relive it all

and who pays? The tax payer, so any money you get from that trust won’t be there to go on nurses or improving anything ( even if it’s insurance premiums will go up)

personally I would want a meeting with the trust, an assurance they have put something in place to stop it happening again and would want to see what that was

So are you a negligence lawyer?
NMC is not medical it's nursing. GMC is the medical regulator

I think you should do it but it takes a lot of energy which when you are grieving is difficult. However it sounds like they were negligent and there seems to be so many instances of bad and shocking treatment at the moment something needs to change. So sorry for your loss and your poor Dad.

My husband very nearly died of sepsis a few years ago. I'd just had a baby and had a small child. We had a strong case for medical negligence as, when he was in full septic shock, his blood pressure still wasn't taken. His skin was discoloured and he could barely walk. He collapsed a few hours later.

Because of the very fast progressing nature of Sepsis, I feel that the fact that he was seen and discharged 2 days prior probably wouldn't amount to medical negligence because he could have been reasonably well, or at least not fatally unwell, at that point. However, with the sheer amount of info around about Sepsis today, I would expect all medical staff to not only be vigilant, but to warn patients of what to look out for and to seek help if symptoms worsen. As sepsis patients can also suffer from confusion, this should ideally be written down and communicated to relatives if possible.

We chose to ask for a review in staff training and processes and they agreed to that. We decided not to sue because my husband survived and the NHS ultimately saved him and became he made a somewhat good, albeit not complete recovery. Also we didn't want the stress nor to take more money out of the NHS as we believed that it was the cuts in the first place and stretched staff that caused it.

Our situation is obviously different to yours. You lost your father and a husband. My gut feeling on this is that you've not quite met the threshold for medical negligence (it's a high threshold), especially with the fast changing nature of Sepsis and your father's pre existing health conditions which could have clouded the issue. I have a legal background, although have not worked in the profession for many years. This is just my opinion however.

In making your decision, you could always read the Nice Guidelines for dealing with Sepsis and see whether they followed them. You could also contact The Sepsis Trust for advice. They are a really helpful organisation. I've previously done some voluntary work for them and helped train health professionals on Sepsis.

I am so sorry for your loss.

Suing the nhs won't put name on lips or make staff know. The waiting times and pressure making your dad's case not unusual but not any less painfully or awful.

If you want the money do it but don't be under the illusion it will make a difference

This!

With the report you have and your mums circumstances I would take action to get some compensation for her if at all possible.
Your claim won't impact the patient care budget for the trust. Not doing bloods is awful. It's the first thing they do whenever my parent has had to go into A&E.
I'm sorry for your loss.

OP - I am so sorry for your loss, and after the experiences I have had over my 55 years with the NHS which my family have sucked up i now say go for it.

I'm currently navigating the shitshow that is elderly care for my DF and DSM and I'm a whisker away from losing my mind.

My DSM is in hospital with sudden onset delirium after a series of absences / freezing episodes which may be due to untreated (at her request) aneurysms in her brain and neck. She has been in ten days and her behaviour includes aggression witnessed by ward staff and other patients. They are refusing to scan her unless she's in the community and goes the referral route. They insist it's due to a UTI but her urine test only showed faint markers and her bloods were clear of infection. She has diagnosed long term mental health issues, pre-cognitive impairment and the idea of vascular dementia has been floating around for years but again, until she is released they will not investigate.

At the same time my DF - 84 - who is in remission with splenic lymphoma and had had kidney tumours and follicular cancer on top of stents 14 years ago after a massive heart attack, has been diagnosed with atrial fibrillation and it's taken three weeks to get new medication sorted. He's been asking the GP why he's been getting tired and having palpitations for months, fobbed off with "it's your age" until his chiropodist of all things flagged extremely low pulse rate with thr surgery.

He has been my DSMs carer for years, and is very proud. He finally got me involved because DSM had been rampaging around the house, awake for up to 60 hours at a stretch, for two weeks after these alleged mini strokes and her community nurse suggested UTI but it was impossible to get a sample to the GP who advised 999 and A&E.

Long story short they pumped her full of antibiotics and tried to discharge her in under 72 hours. My Dad is exhausted immuno,-suppressed and after a home visit is on antibiotics currently for a chest infection and possible pneumonia.

DSM is ringing us constantly with various demands and paranoid delusions - today she floated the idea he may have raped her. Given his age and health i will swear this is impossible.

I have fended off two unsafe discharges.

I have repeated comprehensive history to the ever changing cast of staff and doctors and despite the GP who visited him at home sending me a text to confirm it is not safe for DSM to be discharged to his care, they keep pressurising him to have her back with carers 4 times a day. She needs 24 hour supervision and while she has been assessed as having no capacity, it took me going in for a meeting with the discharge nurse to arrange a meeting some time next week to organise a best interests meeting.

This was not communicated to the ward or the social workers, who phoned again to ask what our problem was and tried to bully my poor Dad by reminding us it's her house (true - it's complicated) and she can come home if she wants to. Which us ironic as she's been telling us she wants to sell the house go into a care home and sod my poor Dad.

There is so much more - no communication to us or internally, the intimation that her condition is due to poor family dynamics..... it goes on and fucking on. They claim she us pleasantly confused yet her aggression and rant phone calls have been witnessed and ignored. There are so many red flags in terms of safeguarding it's untrue.

So sorry for the rant but I'm living on my last nerve and worried that the stress will kill my Dad.

Urging.

So all power to you OP. And a huge hug x

Maybe if enough people sue when things go wrong they'll finally listen.

Do it, I’ve been disabled due a consultant’s negligence and her colleague (my next consultant) told me to sue, because I wasn’t the first. If someone else had sued I would be living my old life still ……. Don’t listen to people that say don’t sue it’s less money for the NHS, change doesn’t happen until there is a financial cost.

Please do pursue this.

Something similar happened to a relative of mine a few years ago when they were discharged with high blood sugar levels, they had a fall, seriously deteriorated and ended up in a nursing home when they had previously lived independently. We're in the process of pursuing a complaint. It's taking a very long time though so I'm warning you the process isn't quick. But we asked ourselves if without it would the hospital do things differently and we don't believe they learned from it. So the only way for them to change is to pursue the complaint through litigation.

This happened to my brother. He was young and left a young family. I remember standing in ICU and saying he's got sepsis and the nurse telling me he didn't have sepsis despite the fact he fucking clearly had sepsis. He died. He needn't have. Hospital fucked up. My sister in law said she was dealing with it but has never mentioned it again. I'd absolutely pursue this.

No, I'm not a negligence lawyer, although I know plenty of them, and they, along with my inquest colleagues, often see cases prior to my involvement. I'm a lawyer who specialises in professional discipline. That includes GMC and NMC as the ones which a lay person would regard as "medical," alongside HCPC, although I appreciate there is a significant difference between doctors, nurses and midwives, and healthcare professionals. There's also SWE for social workers. ACCA for accountants. I could go on but it would make the clarification even more tedious than it began.