Medical negligence

[AnxiousAlicia]

Has anyone ever taken out a medical negligence claim for delayed diagnosis (or anything similar) against a hospital trust please and would you be willing to share your experiences? I have a case, but not sure if my mental health will stand it... thank you!

Contact a no win no fee lawyer that specialises in this they will tell you if you have a claim.

Thank you - I have done, they believe I have a claim. I just don't know whether I have the strength to go through with it so wondered if anyone else on here had blazed the trail before and had some advice... I really appreciate you coming back to me.

Tbh they will do the majority of it for you. I went through this with a relative. They will just need you to sign to say you are happy for records to be released etc and you will need to read information and agree it is correct. I think it’s unlikely you will need to see anyone. What are your worries?

Hi lovely, sorry your going through this, we are to on behalf of my mom who sadly passed away, we was told by my mom's specialist to look into it all because from what he seen on her medical records he wasn't Impressed that it wasn't picked up a lot lot sooner, we are with a no win no fee company and they do 99% of the work for you, they request everything like medical files etc.. and to be fair it's been a breeze, we only had the first initial questions and they have done everything else for us. We are at the stage now where we are waiting a response off the nhs as to if the admit fault or pursue to court. But we have a very strong case and don't believe they can deny anything or alot. I'd say go for it! Best of luck x

@Backtothe90ties I'm a naturally anxious person and feel like I might not be able to cope with the back and forth and all the communication. They've said I'll have assessments, reports from oncologists and GPs, potentially a barrister and obviously we don't know how the other half will react so there's that. I'm just scared of the unknown I think.
I was a witness in a tribunal case recently which went on for 5 years and I really struggled with how personal it got.

@Mum2threexx Thank you - it's really hard because I feel experiences are so different! I would have to go through several assessments re. my condition/prognosis I think. When I asked the solicitor how stressful it was she said 'it's your case, you can't take a back seat' and I think that scared me a bit. My case if fairly strong I think, people have looked at it and agreed - but there is obviously still the chance we could lose and they've warned me it is likely to take a minimum of 3 years. How long has yours taken and which solicitor are you with, if you don't mind my asking? Thanks so much for replying and I really hope it goes your way. So very sorry to hear about your lovely Mum. xxx

What is it that you are hoping to get out of it? Maybe focus on that yo decide if it is worth it?
My understanding (which may be wrong) is that any financial payout is generally related to lost earnings, so in many cases may not be very much anyway.
As an example, my DH was fobbed off by a GP who dismissed his symptoms & wouldn't see him face to face. We considered a medical.negligence case because he had to to give up a very lucrative business & I gave up work to look after him. In the end we decided that he didn't want to spend his last months or years fighting.
He had a letter from the GP apologising & fully accepting that he was wrong. Our main hope was what this wouldn't happen to someone else.

Not for the same thing but I have a claim against the hospital trust where my Dad died last year. We started the claim in March after the NHS Trust did their investigation and I had the report in hand. TBH we have not heard a thing since. I am not expecting to have to put much effort into it at all aside from writing a statement about the effect his death has had on our family. I think you have to weigh up the stress vrs the sheer injustice about what has happened. We do not expect to get much money from the claim but it has never been about the money for us but holding those who mistreated and misdiagnosed him accountable. Now he is dead it is all I can do.

We started our claim in March and found its moved very fast, alot faster then expected, we are using clarity solicitors. I believe the next stage of the case after nhs response to the claims is either they make a offer or deny wrong doing then it will be set a court date, but the solicitor don't see how they could after all the evidence we compiled together from 4 years prior until her passing, they made many many errors. So because of this reason I believe its a very staight forward case.

I'm three years in to a claim for a misdiagnosis that resulted in treatment I didn't need which had horrible side effects and the loss of my job. It is now clear that the consultant knew he'd got it wrong and tried to cover his tracks. I'm with one of the leading firms in the field. They've looked after me very well and it has not been at all stressful. We're starting to talk about money now and that feels quite strange to be honest. I would much rather have been treated properly than shouted at, intimidated and dismissed.

Thank you - this is all really helpful info. @NorthernDancer would you mind if I PMed you if that's an option? (I'm new to Mumsnet!)
@Radiohorror what an awful situation, I'm so very sorry and totally understand your decision. I think I need closure as it's been going round in my mind since it happened 3 years ago and I don't see that going away unless I take action but I am nervous about it.
@OhshutupNancy it sounds as if you're able to park it then - my concern is that it would be on my mind constantly, but in honesty I worry just as much that the regret of not doing something would be on my mind constantly if I didn't act so there's that! I imagine with a hospital death they have to conduct their own investigations and so you're armed with quite a lot of the info you need before you even start your claim? That's not the case with me unfortunately but it's good to know you don't expect it to be all-consuming. Fingers crossed for you.
@Mum2threexx with the claim did you have to work out the financials? That's a minefield to me! It sounds very positive for you though - though of course nothing will bring your mum back. But people need to be held to account.
Thank you all for your input. x

I made a claim against my local hospital. It took 2.5 years from me contacting a solicitor til pay out. They settled out of court. My experience was once the solicitor had my medical notes and engaged an independent medical professional to review them there was no ‘back and forth’. I was paid ‘compensation’ for what happens to me and they covered other expenses directly resulting from the surgery.

@Namechangedagain3 good to know - thank you. Looking through mumsnet generally there seems to be such a wide sphere of experience, some people saying it was simple, if lengthy, but they didn't have to do much - others saying it was really stressful. Impossible to know which mine might be without embarking upon it but once you're in it you're stuck!

I might be wrong but I think you have to submit the claim within 3 years of the date of alleged negligence?

I'd listen to your legal counsel.

They think you've got a case, but have said you'll need to be very involved in it. That's not always the case, but it is here - so it's unlikely that you'll have the same experience as the people who didn't have to do much, and were just waiting. You will need to be more involved, so it's balancing whether you can do that, and want to do that, or if you'd rather move on from it in a different way - talking therapies, etc.

When did you find out about the negligence? You've got three years from the day that you were made aware to start the claim, unless you were under 18 at the time.

@Radiohorror yep it's still within the 3 year window. x

@YouveGotAFastCar thank you - I was diagnosed on 1st Nov 2021 so it's just within the 3 year window. x

Not sure if posting on this thread will bring it back up the chain or if I have to start a new thread - but I have another question so trying here first... anyone who did take action... did you find that the attitudes of the medical professionals treating you changed towards you? I'm worried about my relationship with my team and if I'll effectively have a 'black mark' against my name if I go ahead. Thank you!

@Backtothe90ties @Mum2threexx @Radiohorror @NorthernDancer @Namechangedagain3 @YouveGotAFastCar @OhshutupNancy and anyone else? x

My husband was misdiagnosed by his GP. 18 months later his cancer was discovered and it had spread everywhere, and was incurable.

Honestly, I think acknowledging what had happened would have made an awful time even worse. It wouldn't have changed anything and would have cast even more of a shadow over the time he had left. So we just carried on regardless, didn't even talk about it, and focused on his palliative treatment and making the most of the good times.

Having said that, in the last month or two, the Macmillan nurse who was visiting every day, said that she'd attended a meeting about DH at our GP surgery (the doctor concerned had left). The lead doctor had looked at DH's notes and said that my husband had been badly let down by the practice. The fact that it had been acknowledged at least, made me feel more comfortable about not putting in a complaint. They knew, and hopefully would try to ensure it wouldn't happen again.

Sorry if I’ve missed it - but what happened that was negligent? How old are you, do you have any dependents? What’s the prognosis? However I appreciate these are sensitive topics. Hospitals and doctors absolutely do make unacceptable mistakes and sometimes it is worth pursuing a claim.

@LadyGabriella I wasn't given a FIT test or put on the 2 week cancer pathway when presenting with red flag symptoms for bowel cancer. It consequently took 4 months for me to get a colonoscopy during which cancer was discovered. Unfortunately it spread so I am now stage 4. I have had several surgeries and 16 rounds of chemo and was lucky to be no evidence of disease at my last scan. However recurrence rates are high (10% survival rate to five years for Stage 4 bowel cancer) so there is no way of knowing my prognosis really. I'm 50 years old with no dependents. x

Presenting with red flag symtoms for bowel cancer and only getting a colonoscopy 4 months later is not acceptable. They arn’t called “red flag” symptoms for nothing. You did your part of reporting symptoms, the onus is then on the doctor to fast track investigations and treatment. You say you are anxious so I imagine enduring surgery and 16 rounds of chemo must have taken its toll on you. You got through that, amazing. I haven’t’ taken out a negligence claim myself, but I know the care the NHS provides is often lacking. Sometimes it’s acceptable to cut corners - but not with regards to symtoms that should flag the 2WW pathway. Remind yourself daily that your current scans show no evidence of disease. I believe in your body and think you can stay that way xx. If the solicitors can do no win no fee then I would do it. But pretty sure u would win anyway.

Thank you @LadyGabriella - the solicitors (Leigh Day) have offered a 'no win no fee' arrangement. I'm just really concerned that taking action will alienate me from my current team whom I really rate and respect. I'm just not sure I can deal with the stress over years, if you know what I mean.

I can understand the feeling of just wanting to move on and leaving it in the past. You don’t need to decide tonight or tomorrow. Maybe take a while to think about it. Could you do with the financial bump it might provide? If it makes no difference to you then I guess for the sake of saving stress you could decide to not pursue it. However -your medical team would not be a good team if they held it against you going forward. You wouldn’t be black marked. Also isn’t the current team separate to those that missed diagnosing you in a timely manner?